Loading...
HomeMy WebLinkAboutCity Council - 08/16/2005 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP OPEN FORUMIOPEN PODIUM TUESDAY, AUGUST 16,2005 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 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. 2006-2007 Budget and CIP Council Chamber II. OPEN FORUM A. David Spoor—L.G. Everist Aggregate Transfer Station B. Duane Wharton—City Communications with Residents III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 16,2005 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 a Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. RECOGNITION OF IVAN ROSARIO V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,JULY 26,2005 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 2,2005 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. DUCK LAKE KNOLL by Epic Development, LLC. Second Reading of the Ordinance for Zoning District Amendment within the R1-13.5 Zoning District. (Ordinance for Zoning District Amendment) C. MCCALL BLUFF by McCall Construction Company. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment in the Rural Zoning District(Ordinance for PUD District Review and Zoning District Amendment) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF MCCALL BLUFF E. AWARD CONTRACT FOR BUILDING ENVELOPE REPAIRS TO 17 CITY-OWNED BUILDINGS CITY COUNCIL AGENDA August 16, 2005 Page 2 F. REJECT BIDS FOR REBUILDING PARKING LOTS AT CITY HALL AND FIRE STATION#2 G. REALLOCATE 2005 FACILITIES CIP BUDGET H. AUTHORIZE SUBMISSION OF A PERMIT APPLICATION FOR THE 2005-2006 WINTER SEASON FOR USE OF THE LRT TRAIL I. APPROVE EDENBROOK CONSERVATION AREA TRAIL PLAN J. APPROVE RILEY CREEK CONSERVATION AREA TRAIL PLAN K. ADOPT RESOLUTION DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS L. ADOPT FUND BALANCE POLICY M. APPROVE AMENDMENT TO LEASE AGREEMENT WITH FRIENDSHIP VENTURES VIII. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. L.G.EVERIST TRANSFER FACILITY,by L.G. Everest. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment in the I-General Zoning District. (Ordinance for PUD District Review and Zoning District Amendment) CITY COUNCIL AGENDA August 16, 2005 Page 3 D. REPORT OF PARKS AND RECREATION DIRECTOR ' ns of the Riley-Purgatory-Bluff Creek 1. Amendment to Petitions Watershed District E. REPORT OF PUBLIC WORKS DIRECTOR 1. Petition Nine Mile Creek Watershed District for Funding of Water Ouality Improvement Proiects for Anderson,Bryant,Birch Island and Smetana Lakes (Resolution) F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS A. CLOSED SESSION 1. City Manager's Performance Review 2. Discussion of Litigation XVI. ADJOURNMENT ITEM NO.: VI. A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP TUESDAY,JULY 26,2005 CITY CENTER 5:00 PM,HERITAGE ROOM II CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Finance Manager Sue Kotchevar, City Assessor Steve Sinell and Recorder Lorene McWaters Councilmember Butcher was not present. I. 2006 BUDGET City Manager Scott Neal presented a PowerPoint on the 2006-2007 budget, including the status of the draft budget. The August 16 Workshop will include further budget discussions as well as presentation of the draft CIP. Council will be asked to certify the preliminary tax levy at the September 6 Council meeting. Staff will finalize the budget this fall; the truth-in-taxation hearing will be held December 5; and Council will certify the levy and adopt the final budget on December 20. Neal reviewed tax levy history, budget history, and population changes. Tax legislation impacting the 2006/2007 budget includes: • No levy limits • Market Value Homestead Credit is not being funded for 2005 and 2006 • Increases in PERA contributions for Coordinated and Police and Fire Plans Based on input from Department Directors, the draft budget for 2006 includes $31,845,000 in revenues and $34,082,000 in expenditures,with a$2,237,000 shortfall. For 2007, revenues are projected at$32,870,000 and expenditures at$34,847,000, resulting in a difference of$1,977,000. Neal said staff is working on closing the gaps by identifying which items reflect increases in costs, which reflect higher services levels, and which are the result of new services. By the August 16 workshop, staff will have a clearer idea of what is needed to maintain current service levels. General fund revenues are expected to increase by 4.4 percent from 2005 to 2006. Councilmembers Young and Aho noted the 20 percent projected increase in fines and penalties, which they said seems high. Kotchevar said this number is based on information provided by the Police Department, and it is based on past experience. Chief Carlson said his department has increased traffic enforcement efforts significantly over the past several years; however, he stressed that the City does not have"quotas" for writing tickets. General fund expenditures are expected to increase by about 11.5 percent from 2005 to 2006. The largest increase in expenditures is for the Office of the City Manager. Neal said about $1 million of this increase is for Facilities projects. This reflects an increase in a service level, and some of these projects may be transferred to the CIP budget. From 2006 to 2007, staff projects a 3.2 percent increase in general fund revenues and an increase in expenditures of 2.2 percent. Councilmember Aho asked how much of the tax levy increase represents growth in population and the tax base. He asked to see the numbers without the referendum. Sinell explained that the property tax levy is the driver of the tax rate. Staff calculates what we need to run the City, and then staff calculates the tax impact on the average taxpayer. Staff projects taxable value increases of 8.9 percent for residential, 2.2 for apartments, and 5 percent for apartments from 2004/05 to 2005/06. From 2005/06 to 2006/07 increases are estimated at 7 percent for residential, 5 percent for apartments, and 5.5 percent for commercial. Tax increases for 2006 are estimated to be 9.3 percent for residential, .65 percent for apartments, and 3.6 percent for commercial. Increases from 2006 to 2007 are projected to be about 4.2 percent for residential, 1.6 percent for apartments, and 2.2 percent for commercial. Mayor Tyra-Lukens asked how these numbers were calculated. City Assessor Steve Sinell said the estimates are based on new construction and market activity. Sinell also noted this is the first time staff has projected tax impacts and value increases out two years, so there is more guess work involved. IV. ADJOURNMENT ITEM NO.: O . VI. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 2,2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, and Ron Case. Councilmember Philip Young arrived at 7:08 p.m. 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 Mayor Tyra-Lukens called the meeting to order at 7:03 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added an additional item to his report. Tyra-Lukens added an item on the LRT Southwest Trail Advisory Committee under Reports of Councilmembers. Lambert added an item on the Veterans' Memorial to his report. MOTION: Aho moved, seconded by Case, to approve the agenda as published and amended. Motion carried 4-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY JULY 19 2005 MOTION: Butcher moved, seconded by Aho,to approve the Council Workshop minutes as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 19,2005 Butcher requested the spelling of Neal's name be corrected on page 4. MOTION: Case moved, seconded by Butcher, to approve the City Council minutes as published and amended. Motion carried 4-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL UNAPPROVED MINUTES August 2,2005 Page 2 B. EAGLE RIDGE AT HENNEPIN VILLAGE - SIX by Pemtom Land Company. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Rural to R1-9.5. Preliminary Plat of 16.9 acres into 40 single-family lots and 4 outlots. (Ordinance No. 10- 2005 for PUD-6-2005 District Review and Zoning District Change) C. APPROVE TRAIL EASEMENT AGREEMENT WITH EDEN BLUFF HOLDING LLC D. APPROVE ADDITIONAL CONSTRUCTION BUDGET FOR ADMINISTRATION AND INSPECTION WITH SRF CONSULTING GROUP FOR TH 212/PRAIRIE CENTER DRIVE IMPROVEMENTS,I.C. 01-5527 E. APPROVE PURCHASE OF ONE NEW TOP MOUNT RESCUE PUMPER (FIRE TRUCK) F. AWARD CONTRACT FOR ENGINEERING CONSULTANT TO DESIGN AUDIOVISUAL CONTROL ROOM MOTION: Butcher moved, seconded by Case, to approve Items A-F on the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS/MEETINGS A. MAINTENANCE OUTDOOR STORAGE SITE by the City of Eden Prairie, Request for Site Plan Review on 17 acres. (Resolution No. 2005-100 for Site Plan Review) Neal said the request is to approve an 11,700 square foot building, grading plan and landscape for the maintenance outdoor storage site. The site is located east of the airport and north of the former landfill site. There were no comments from the public. MOTION: Aho moved, seconded by Case,to close the Public Hearing and adopt Resolution No. 2005-100 for Site Plan approval of Maintenance Outdoor Storage on 17 acres. Motion carried 4-0. B. CABLE TV FRANCHISE TRANSFER FROM TIME WARNER TO COMCAST Neal explained federal law requires the City to hold a public hearing regarding Time Warner Cable's requested transfer of its cable franchise within the City of Eden Prairie to Comcast Cable Communications, LLC. The Southwest Suburban Cable Commission requests its member cities extend their public hearings and final actions on the franchise transfer request until after September 1. This will CITY COUNCIL UNAPPROVED MINUTES August 2,2005 Page 3 allow the City Council to have the benefit of the Commission's recommendation before taking final action on the matter. There will be a full presentation at the September 6 meeting and additional public testimony will be taken at that time. Staff will also collect any written comments from the public through September 6. There were no comments from the public. MOTION: Case moved, seconded by Aho,to continue the Public Hearing until September 6, 2005. Motion carried 4-0. VIII. PAYMENT OF CLAIMS Councilmember Young arrived at 7:08 p.m. MOTION: Aho moved, seconded by Butcher, to approve 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 A. SENIOR ISSUES TASK FORCE CHAIR AND VICE CHAIR Neal noted the Council must approve the Senior Issues Task Force chairs. The task force members unanimously selected Marvin Cofer as Chair and Bette Anderson as Vice Chair. Staff supports this recommendation. Case said the City is lucky to have such high quality people serving on the task force. Butcher noted Anderson has served on the School Board as well. MOTION: Case moved, seconded by Butcher, to appoint Marvin Cofer Chair and Bette Anderson Vice Chair of the Senior Issues Task Force. Motion carried 5-0. XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. LRT Southwest Trail Advisory Committee(Tyra-Lukens) Tyra-Lukens said she and Aho attended this meeting and shared an update. Input from a series of open houses has been uniformly positive. Having CITY COUNCIL UNAPPROVED MINUTES August 2,2005 Page 4 the new highline trail open has helped. Maps and a schedule are provided on a new website,www.southwesttransitway.org. The group is incorporating Staff suggestions that it should go around EP Center near TH 212 rather than Prairie Center Drive, in accordance with the Major Center Area study. 2. MLC Wrap-Up of Legislative Session (Tyra-Lukens) Tyra-Lukens referred Councilmembers to the report and highlighted a few items. The salary cap has been raised to 110%of the governor's salary. Eden Prairie's legislators did not uniformly support the measure despite the City's lobbying. Bonding for transit($64 million)passed, but the Met Council says it will not issue all that debt. The City still will not get all the money needed. Limits on out-of-state travel for elected officials have been passed. The City will need to develop a travel policy. The City must also publish the salaries of its three highest paid officials. As part of the omnibus tax bill,the State will be studying fees and taxes and how these two revenue streams are being used, particularly for school funding. Tyra-Lukens noted some bills the City supported did not pass, including a street utility fee bill and a sales tax exemption for local government. Butcher said she was disappointed the fiscal disparity measure did not pass. Next year will be a bonding year with the session due to start March 1. 2. Report on Sundance Summit(Tyra-Lukens) Tyra-Lukens explained the City was invited to the Sundance Summit, sponsored by the International Coalition for Local Environmental Initiatives. All expenses were paid by the Summit. About 45 representatives of a wide variety of cities attended. The one-and-a-half day Summit included education on global climate change and what cities are doing at the local level to impact it. Tyra-Lukens said she went as a skeptic but returned better educated and inspired with many ideas. She gave a"crash course" on global warming. Carbon dioxide levels in the atmosphere have increased dramatically since the industrial revolution. When third world countries (and their skyrocketing populations) gain access to technology, emissions will skyrocket. Temperatures correlate almost perfectly with carbon dioxide and methane levels. Tyra-Lukens showed slides showing impacts on glaciers and forestation patterns that are already occurring. Because both ice fields and trees mitigate the effects of warming, their loss creates a vicious cycle. While the issue is complex, a review of articles published in scientific journals revealed 950 that agreed humans are affecting global climate, and none that disagreed. Both the process and the results are pretty well understood. CITY COUNCIL UNAPPROVED MINUTES August 2,2005 Page 5 The next question is how to deal with the issue. Over 140 nations are working together to impact global warming, but the US and Australia are not among them. The U.S. recently reached agreements with India and China, but they are voluntary. Neither of the past two administrations has managed to take action on the national level. The International Coalition for Local Environmental Initiatives seeks to make an impact on the local level instead. City governments are more nimble and can make a difference. For example, Burlington, Vermont has used"green buildings" and alternative energy so that it uses less energy today than it did in 1989. Pittsburgh has more than 50 LEED (Leadership in Energy and Environmental Design) certified buildings. Many of the changes are very cost-effective. Tyra-Lukens said she had already met with Jeremiah to promote the first LEED certification in Eden Prairie and met with Neal to review what the City is already doing. Much can be done at the Staff level. Tyra-Lukens also expressed a wish to reinstitute the City's environmental commission, which was absorbed into the Parks and Recreation Commission twelve years ago, and to hold a town meeting. She noted Hennepin County has taken the lead with the fuel cell at the library and a microturbine at the Home School that uses waste heat to heat the building. Tyra-Lukens said she would bring a proposal at the next meeting. B. REPORT OF CITY MANAGER 1. Change Date of First Council Meeting for December (Resolution No. 2005-101) Neal said by statute, The Truth-in-Taxation Hearing must be held Monday, December 5. He proposed saving a meeting by holding Tuesday's scheduled Council meeting a day earlier and combining the two. Butcher suggested also switching the date of next year's Council Meeting away from National Night Out, as this presents such a good opportunity to get citizen input. MOTION: Case moved, seconded by Young, to adopt Resolution No. 2005-101 amending Resolution No. 2005-10 Setting Times for City Council Meetings for 2005. Motion carried 5-0. 2. Gifts from Other Cities Neal noted he had given sister cities in England "keys to the City"during his visit and received a piece of crystal and a silver plate in return. Case asked what happens to such items, and Neal said they could be recorded and arranged more formally. Case agreed. CITY COUNCIL UNAPPROVED MINUTES August 2,2005 Page 6 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Eagle Field Baseball Stadium Bids Lambert said the City received I I bids for the stadium project, all quite close, but significantly over the original cost estimate ($106,000 over). Cost increases and supply difficulties in the steel industry would have pushed the project back and required winter concrete work, which is expensive. Also, a major contributor from the Baseball Association has pulled $100,000 from the project. With a new board due to be elected in September, the Baseball Association does not want to tie a future board into a large financial commitment at this time. If steel could be ordered next spring, the project could be worked on during summer and fall. The Parks and Recreation Commission recommends delaying the project and then talking to the new Baseball Association board to see what can be worked out. The Council would see the proposal again before any rebid. Aho asked if the stadium could be put on the referendum. Lambert said the stadium was not strongly supported, so including it would not serve the City well. MOTION: Aho moved, seconded by Case, to reject bids for the Eagle Field Baseball Stadium for Miller Park due to the cost of the project compared to the cost estimate. Motion carried 5-0. 2. Veterans Memorial Task Force Lambert noted the Council had requested citizen involvement in this idea. A notice in the paper drew one application. Lambert asked for Council direction on whether to recruit more members, or to shelve the idea. The cost of the study for a veteran's memorial, including site selection and memorial design, came in under$10,000. Case said the Task Force should be shelved, but supported the idea of an all-purpose Memorial Park. He wondered if Parks and Recreation could examine the idea. Young said any work on the project should be internal, with no consulting fees. Staff could look at the concept. Tyra-Lukens asked if the Parks and Recreation Commission could look at the concept. Lambert asked for clear direction on what the Commission should do. Butcher suggested pulling back and asking much broader questions— whether the City should have such a park, what its function would be, and where. CITY COUNCIL UNAPPROVED MINUTES August 2,2005 Page 7 Tyra-Lukens said she was struggling with the lack of community support. Y gg g ty pp She hated to use Staff or the Parks and Recreation Commission's time to prepare for an unknown future. Aho agreed. Case agreed no one seemed to resonate with his idea for a memorial park and said the project should be put on hold. 3. Referendum Flyer Lambert asked for Council input by the end of the week. Flyers will be distributed in mid-September. Young asked for clarification on the ballots, since Question#1 (Community Center improvements)must pass for Question#2 (pool)to pass. Would ballots that voted no to#1 and yes to 42 be counted, or considered spoiled? Lambert said they would still be counted. The total vote must carry on Question#1 for Question#2 to carry. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. CLOSED SESSION (Review of City Manager's Performance/Compensation) XV. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting and go into a closed session to review the City Manager's performance and compensation. Motion carried 5-0. The meeting adjourned into closed session at 8:05 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. A. Christy Weigel, Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Raffle Organization: Peace House Foundation Place: Bearpath Golf& Country Club Date:November 5, 2005 Solid Waste Collector Christians, Inc. Chanhassen, MN New On-Sale Wine License Licensee name: Pei Wei Asian Diner, Inc DBA: Pei Wei Asian Diner New Liquor License Licensee name: Raising the Bar, LLC DBA: Zeno Cafe - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B. Community Development/Planning Duck Lake Knoll Janet Jeremiah Scott Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Amendment within the R1-13.5 Zoning District on one acre; and • Approve the Development Agreement for Duck Lake Knoll; and • Approve and Authorize Issuance of a Grading Permit for Duck Lake Knoll, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated June 24, 2005, as approved by the City Council. Synopsis This is a two lot single-family development. Attachments 1. Ordinance for Zoning District Amendment 2. Summary Ordinance for Zoning District Amendment 3. Development Agreement DUCK LAKE KNOLL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 14-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING WITHIN AN EXISTING ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof Section 2. That action was duly initiated proposing that the land be amended within the R1-13.5 Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is amended with the R1-13.5 Zoning District, 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 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99, "Violation a Misdemeanor"are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 16, 2005, entered into between EPIC Development, LLC, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5t'day of July, 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 16th day of August, 2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A LEGAL DESCRIPTION: DUCK LAKE KNOLL The South 244.72 feet of the North 852.72 feet of the East 178 feet of Government Lot 3, except road. DUCK LAKE KNOLL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 14-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 6700 Duck Lake Road within the R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT DUCK LAKE KNOLL THIS DEVELOPMENT AGREEMENT("Agreement") is entered into as of August 16, 2005,by EPIC Development,LLC,a Minnesota limited liability company,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Zoning District Amendment within the R1- 13.5 Zoning District on l acre, and Preliminary Plat of 1 acre into 2 lots and road right-of-way, legally described on Exhibit A (the"Property"); NOW,THEREFORE,in consideration of the City adopting Ordinance No. for Zoning District Amendment within the R1-13.5 Zoning District on 1 acre, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated June 24,2005,reviewed and approved by the City Council on July 5,2005, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. CONNECTION FEES: Prior to release of a final plat for any portion of the Property, Developer shall pay connection fees for sanitary sewer and watermain in the amount of $29,240.00. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs(including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. GRADING, DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage plan for the Property. The construction grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the construction grading plan.The design professional shall monitor construction for conformance to the approved construction grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved construction grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property,delineated on Exhibit B Plans,Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 8. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Mary F. Eisler 9. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations, and driveways. C. Retaining walls, type, height, and type of details. D. Location of sewer, water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walk out levels that meet natural grade. 10. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 0.815 acres in the amount of$4,194.78. 11. TREE LOSS - TREE REPLACEMENT: There are 485 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 141 diameter inches. Tree replacement required is 54 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 54 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. 12. TREE PROTECTION PROGRAM: Prior to release of the final plat for the property, Developer shall prepare and submit to for review and approval by the City Forester a Tree Protection Plan. Elements of this plan shall include, but not be limited to: A. Location of house pads and driveways consistent with the Exhibit B Plans. B. Continuous snow fencing at the drip line around the trees to be saved. C. The Certificate of Survey provided at the time of building permit issuance shall indicate existing and proposed grades, type of home to be built, detailed tree inventory, erosion control and tree protection fencing plan, location of dumpsters, construction materials, and construction equipment access. D. Utility connections shall be shown as to avoid the root zones of the existing trees to be saved. E. Prior to any alteration of the Property,the City Foresters shall be notified and have completed an on site inspection to verify compliance with the tree protection plan. 13. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public storm sewer and sewer and water services. Plans for public infrastructures shall be of a 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 furnish to the City Engineer and receive the City Engineer's written approval of a 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. i IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By_ ItsScott H.Neal Its City Manager STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 52005, 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 ,2005,by , the , of , a Minnesota , on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT —DUCK LAKE KNOLL Legal Description Before Final Plat The South 244.72 feet of the North 852.72 5 .72 feet of the East 178 feet of Government Lot 3 Except p road. Legal Description After Final Plat Lots 1-2, Block 1, Duck Lake Knoll, Hennepin County, MN. EXHIBIT B DEVELOPMENT AGREEMENT —DUCK LAKE KNOLL PLANS LIST OF MATERIALS 1. Cover Sheet dated 6-23-05 by Ryan Engineering 2. Surrounding Properties Plan dated 5-5-05 by Ryan Engineering 3. Existing Conditions Plan dated 5-5-05 by Ryan Engineering 4. Preliminary Plat dated 6-23-05 by Ryan Engineering 5. Preliminary Site and Utility Plan dated 6-23-05 by Ryan Engineering 6. Preliminary Grading and Tree Preservation Plan dated 6-23-05 by Ryan Engineering EXHIBIT C DEVELOPMENT AGREEMENT—DUCK LAKE KNOLL I Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: A. Mary F. Eisler With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn. Stat., Sec. 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 no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, 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(I = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 'h 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 —DUCK LAKE KNOLL EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification, the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. C. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of.--entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP EXHIBIT E DEVELOPMENT AGREEMENT—DUCK LAKE KNOLL AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2005,between the City ofEden Prairie,a municipal corporation,(the"City")and EPIC Development,LLC,a Minnesota limited liability company(the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $4,194.78 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount 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. 5. This agreement shall be effective immediately. 6. This Agreement may be terminated only with the written agreement of the parties hereto. OWNER CITY OF EDEN PRAIRIE EPIC Development,LLC. A Minnesota limited liability company A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,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 of EPIC Development, LLC, a Minnesota limited liability company,on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 OWNERS SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN EPIC DEVELOPMENT,LLC, AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of August 16,2005,by and between Mary F. Eisler, an individual, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Ordinance No. for Zoning District Amendment within the R1-13.5 District, and Resolution No. for Preliminary Plat,as more fully described in that certain Development Agreement entered into as of August 16, 2005, by and between EPIC Development, LLC, a Minnesota limited liability company, and City ("Development Agreement"), Owner agrees with City as follows: 1. If EPIC Development, LLC, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Ordinance No. for Zoning District Amendment within the R1-13.5 District, and Resolution No. for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner,their successors and assigns of the Property. . 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By Its Scott H.Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,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 2005, by Mary F. Eisler, an individual. Notary Public EXHIBIT A OWNERS SUPPLEMENT—DUCK LAKE KNOLL Legal Description Before Final Plat The South 244.72 feet of the North 852.72 feet of the East 178 feet of Government Lot 3, Except road. Legal Description After Final Plat Lots 1-2, Block 1, Duck Lake Knoll, Hennepin County, MN. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. C. Community Development/Planning McCall Bluff Janet Jeremiah Michael Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres; and • Approve the Development Agreement for McCall Bluff. Synopsis This is a plan to subdivide land in the Rural Zoning District with waivers in exchange for land dedication and conservation easements. Attachments 1. Ordinance for PUD District Review and Zoning Amendment 2. Summary Ordinance for PUD District Review and Zoning Amendment 3. Development Agreement MCCALL BLUFF CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-2005-PUD-10-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Rural Zoning District 16-2005-PUD-10-2005 (hereinafter"PUD-10-2005-Rural). Section 3. The City Council hereby makes the following findings: A. PUD-10-2005-Rural is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-10-2005-Rural 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-10-2005-Rural are justified by the design of the development described therein. D. PUD-10-2005-Rural is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 16, 2005, entered into between McCall Construction, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-10-2005-Rural, and are hereby made a part hereof. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Rural District and shall be included hereafter in the Planned Unit Development 10-2005-Rural, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of July, 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 16th day of August, 2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on 52005. EXHIBIT A PUD 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). i MCCALL BLUFF CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 16-2005-PUD-10-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 9997 ry g Dell Road within the Rural Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT McCall Bluff THIS DEVELOPMENT AGREEMENT("Agreement") is entered into as of August 16, 2005, by Jeff and Tracy McCall, husband and wife, 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 Concept Revie w on 4.89 acres, Planned Unit Development District Review with waivers on 4.89 acres, Zoning District Amendment in the Rural District on 4.89 acres,and Preliminary Plat of 4.89 acres into two lots and one outlot, legally described on Exhibit A (the "Property"); NOW,THEREFORE, in consideration of the City adopting Resolution No. 2005-93 for Planned Unit Development Concept Review, Ordinance No. 16-2005-PUD-10-2005 for Planned Unit Development District Review and Zoning District Amendment within the Rural Zoning District, and Resolution No. 2005-94 for Preliminary Plat,Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated July 5, 2005, reviewed and approved by the City Council on July 5, 2005 (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs(including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release,defend and indemnify because of any inspection, review or approval by City. 5. GRADING, DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland,wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond,Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. 6. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on the Plans, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit,Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 7. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls,type, height, and type of details. D. Location of sewer,water, gas and electric lines. E. Location of septic tanks, drain fields, and wells. F. Detailed grading plans. Method of erosion control. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walk out levels that meet natural grade. I. Engineered design for footing, foundation, and retaining walls. J. Soil tests for septic tank evaluation. K. Test the existing drain field system for the existing house. 8. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Rural District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD Proposed lot one A. Lot size from 10 acres to 1.1 acres. B. Lot width from 300 feet to 140 feet. C. Front yard setback from 50 feet to 30 feet. D. Side yard setback from 50 feet to 7 feet. E. Side yard setback 100 feet to 61 feet. Proposed lot two A. Lot size from 10 acres to 1.21 acres. 2 B. Lot width from 300 feet to 85feet. C. Side yard setback from 50 feet to 15 feet. D. Side yard setback 100 feet to 15 feet. 9. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 10. TREE LOSS-TREE REPLACEMENT: There are 52 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 52diameter inches. Tree replacement required is 69 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 52caliper 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. 11 CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to release of the final plat for the Property,Developer shall submit a Conservation Easement for review and written approval by the Director of Parks and Recreation Services, for the area delineated on the Plans. Prior to release of the final plat for any portion of the Property, Developer shall submit proof to the Director of Parks and Recreation Services,that the Conservation Easement has been filed for record with the Hennepin County Recorder/Register of Titles. Prior to issuance of the first building permit for the Property,Developer shall permanently 3 demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/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. 12. DEDICATION OF PARK LAND: Prior to release of the final plat for the Property, Developer shall tender a warranty deed for proposed Outlot A for review and written approval by the City. After approval by the City, the Developers title company, , file the warranty deed with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat, and prior to the recording of any document affecting the property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 4 DEVELOPER CITY OF EDEN PRAIRIE Nancy Tyra-Lukens Its Mayor Scott H. Neal Its 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 ,2005, by husband and wife. Notary Public 5 EXHIBIT A DEVELOPMENT AGREEMENT—McCall Bluff Legal Description before Final Plat The West 225.0 feet of the Southwest Quarter(SW '/4) of the Southwest Quarter(SW '/4) of Section 29, Township 116, 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, Range 22, lying Easterly of the Town Road (Dell Road). Legal Description after Final Plat Lot 1 &Lot 2, Block 1, McCall Bluff 6 EXHIBIT B - Plans Preliminary Plat Site Plan dated April 8, 2005 by Anderson Engineering of Minnesota, LLC Preliminary Grading, Drainage &Erosion & Utility Plan dated April 8, 2005 by Anderson Engineering of Minnesota,LLC 7 EXHIBIT C DEVELOPMENT AGREEMENT—McCall Bluff I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any PUD, Rezoning, and Preliminary Plat approved in connection with this Agreement,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. V. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VI. Developer represents that it has marketable fee title to the Property. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et. seq.,or Minn.Stat., Sec. 11513.01,et. 8 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 Developer's knowledge,no previous owner,operator or possessor of the Property deposited, stored,disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations and warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 1.2,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable 9 Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC). Contact Metropolitan Waste Control to determine the number of SAC units. XIII. Prior to building permit issuance, existing structures,walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XIV. Prior to building permit issuance,provide two copies of an approved survey or site plan(I = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XV. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVI No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 'h by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XVIII. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. 10 EXHIBIT D DEVELOPMENT AGREEMENT—McCall Bluff EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance ofvegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled n 1' sidewalk or trail the applicant shall p d o a public street, highway, sidewa pp 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: 11 a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. C. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the assessment and waive all rights b virtue of Minnesota proposed g Y Statute 429.081 or otherwise to challengethe m f amount or validity o the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP 12 EXHIBIT E DEVELOPMENT AGREEMENT—MCall Bluff CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of ,2005 by and between ,husband and wife,hereinafter referred to as"Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as 'City". WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: l. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the "Easement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement 13 Area. B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building,road, sign, billboard, utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including, but not limited,to excavation,dredging,movement,and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used,employed,deposited,stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 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 no previous owner, operator or possessor of the easement area, deposited, stored,disposed of,placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 14 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. 15 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE NOT TO BE SIGNED NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED NOT TO BE SIGNED Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 32005 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 ,2005,by husband and wife. Notary Public 16 EXHIBIT A "THE PROPERTY" 17 EXHIBIT B "EASEMENT AREA" 18 EXHIBIT C "EASEMENT AREA" DIAGRAM 19 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. D. Randy L. Slick Final Plat Approval of McCall Bluff Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of McCall Bluff Synopsis This proposal is for the final plat located north of Trunk Highway 212 and east of Dell Road. The plat consists of 4.89 acres to be divided into two single family lots, one Outlot and right-of- way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on July 5, 2005. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on August 16, 2005. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$310.00 • Receipt of street lighting fee in the amount of 2 . g g $ 99 38 • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy insuring such a condition of title to Turnbull Road and Outlot A at current market value. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways certified by surveyor. • Prior to release of the final plat, Developer shall provide a Warranty Deed to the City of Eden Prairie for Outlot A. • Prior to release of the final plat, Developer shall submit a Conservation Easement for review and approval by the Director of Parks and Recreation Services. • Revision to plat shall include an expanded drainage and utility easement across the rear of lots 1 and 2 over the Conservation Easement area. • Prior to release of the final plat, Developer shall record and provide proof of filing Development Agreement at the County Recorder and/or Registrar of Titles. Attachments • Drawing of final plat • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- A RESOLUTION APPROVING FINAL PLAT OF MCCALL BLUFF WHEREAS, the plat of McCall Bluff has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for McCall Bluff is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 16, 2005. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on August 16, 2005. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk MCCALL BLUFF 1C.R.DOC.NO. IN W ALL MEN BY THESE PRESENTS:That Jeffery S.McColl and Tracy D.McColl,husband and wile,is,ornwe EDEN PRAIRIE,MINNESOTA If the toaowing deacribetl property shoals in the County of Hennepin.Slate of Minnesoto.to It: Tnie plot of MCCALL BLUFF woe approved end accepted by the City C—H If Eden Prakie,Minnesoto at a regular meeing thereof hale lhla _ day of_________ 200�if applicable,lha rrlltan Thew t 225.D last o1 lhs SwtM1wset Ouwlw of lha Soulnneet Ouorbr of Saolbn 29,Townenp 116 comments n4 r. m ndallona el the Cemmleeioner of Tronaportotlon ontl the County Highway Enmineer hoe W North,Range 22,Iying northerly of lh,northerly rght of w.y Ins of Stole Highway No.169-212. been...shad by the City or the Pre R.S1 30 doy period has elapsed rHhd1.' recepl of...h cam sots and rscommend U.P.,os proMdsd by Minnesoto Stotules,Ssctlon 505.03.Subd.2. ' Ho-cfws d th.use—to b. errooddonOds ailed is MCCALL BLUFF ndudo purpbyea oatshorn dedithasptol.the CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA Z (n p�blh by._ ,Mayor by.__ ,Llly Manager In w8nees rnweo20 eOold Jeliwy S.Mctdl and Tray D.McColl Nava hereunto eel!heir hands this_tloy of Signed: D 50 too 150 TA%PAYER SERVICES DEPARTMENT Hsnnepn Cwmt Minnesoto I nwsby.ertNy that taxes payable In_and prior yaws have been pork Jellary S NCCeII Tracy D MCCOII for land deacrlbed w thh plot.Dalad this tloy of ,ZDO— SCALE IN FEET STATE OF MINNESOTA COUNTY Of____ Patrkk M D'Connor,Nennepin Cwnty Audlor by _—,Deputy Ths IOFegdng instwment roe acknowisd9ed before ms this___day of 200— by Ji llmy S.M.CWI sod Tracy D.McColl,h..band and wK.. CIfNNASE AND—11Y *N Ts ARE SHOW US: SURREY DIVISION y��wM Notwy P.M. n County.__ onn My Hennepin Cty,Minnewlo Purs—t to MINN.STAT.Ssc.3838.565(19119).this plot h been III. Commission ExHinepinDkea: approved this___day of __,2003. .Ili—P.Brown. HISO-pin Cwnty$urwyw by. - 1 hereby...Illy that I hove surwyea ontl plattetl the propwly od—bod on this plot os MCCALL BLUFF;that Ihla plat lee correct reprasenlatlon pf soltl survey.!hot all dblancea we co r.clly shorn on tins plot In feat ontl nandredtha of a loaf lost Oil monamenta ho.a been car Illy plo[etl In•the g—Od oe asom r.Hl beIII_ LESS 0 planAN ed as requiretl by Ina local g.—PrOen1...It;thol the laid.bwndary lines w eclly deaignatad tM Plot; d toot throe ors no .!land.ore defined n MS 505.02 Subd.1 or public highwoya to bs designate T-w- d COUNTY RECORDER SlchRAI URES AS$ 1NE HONN OI PUT Nc IS Ina'lotnaxcpt se shown. Hennepin C—ty,Minnewlo I nwsby nrtify Ihal the within plat.1 MCCALL BLUFF woe Rlad in this ofRo. this doy of 20O_at__o'clock M. Jock Doi e,Lond Sursayw MI.M1ael H.Cunnifl,C.Oty Recorder by. _,Deputy MMneepta License-20281 STATE OF MINNESOTA COUNTY OF The foregoing inetmPOSPt wee m—lsdged bsfws ms this__day of ,200— I by Jack Bdks,Lond Surveyor,Minnesoto Lio—No.2D201 I�g 18ary Ndwy PVMIic,NN,S'IP Cwnly, _My Commhsbn Expkea: Akin �J I .. I I I I I.3 I I^✓✓ xu o I l It)E3 1 I I S I fL C21 ,fi IL)�V L 4 I- SO'19'38"E 746.03 so.oD .._.._.._..—..—..—AA.s.2A—..—.._.._.._.._..� 2— SO SS'26'42"W 215.00 y5<� I k 2 r iz A Y g C t J 01, zo S wL L vsrw vi bl s2.a)�.sia)y'? — xmrpe•w 1w,.2= — � h ✓ �o^R I A \ 1 OUTLOT A gk w k Z OC� J "S3'11'31"W I kb Y 1 K r, 6 e B \2 g a 1 dd \ J 5 J,`d�i,.-�/n uar2slYesxeR'w L CRN 2s SwLl-THE SO S)swAR THSIE TOUARER OF EO o N019.35-W 293.92 n �I � —v�y N019'38"W 963.32 T— Anderson Engineering of Minnesota,LLC. CIVIL RN 0 1 N B RR I N G AND LAND 8U RV 9 YI NG CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.E. Paul Sticha, Office of the City Award contract for Building Envelope repairs to Manager, Facilities 17 City owned buildings Requested Action Move to: Award contract for Building Envelope repairs (caulking, sealants, masonry repair, etc.) to Restoration Systems, Inc. Synopsis American Masonry Declined to Bid A.J. Spanjers Co., Inc. $194,750 Restoration Systems, Inc. $171,600 Background Information Specifications were written by Environmental Process Inc (EPI)and a request for bids was published in the Sun Newspapers. Three bidders attended the pre-bid meeting held by EPI and City of Eden Prairie staff. American Masonry ultimately declined to bid due to their heavy workload. The bid from Restoration Systems is within budget. Upon approval from Council,the contract will be forwarded to Restoration Systems for signature and then returned to Mayor/City Manager for signature. Attachments Letter of recommendation from EPI 08/04/2005 08:53 FAX 7633980121 EPI 002 Environmental Process, Inc. 715 Florida Avenue South, Suite 111, Golden Valley, MN 55426-1700 -eplm Phone:763-398.3040 • Fax: 763-398-0121 ernall: epimpls@rconnect.com August 4,2005 Mr.Paul Sticha Sent Fla Facsimile: (952)949-8334 Facilities Manager City of Eden Prairie 8080 Mitchell Road 55344 Re: City of Eden Prairie-2005 Exterior Building Envelope Maintenance EPI Project No. 05-450 Dear Mr,Sticha: Environmental Process,Inc.(EPI)reviewed the City ofEden Prairie 2005 Exterior Building Envelope Maintenance with Mr. Bob Yaritz of Restoration Systems,Inc.and there were no questions. The work schedule will be discussed in the preconstruction meeting tentatively scheduled for August 18, 2005. Restoration Systems,Inc is based in Chaska,Minnesota EPI has worked Restoration Systems,Inc.on a similar multiple site project in the past and their work was completed in a satisfactory and professional manner. EPI did experience some problems with Restoration Systems on scheduling and abiding to schedules provided. However,based on the review of project work scope with Restoration Systems,Inc. and the fact that they are the low bidder we recommend awarding the project to them. EPI recommends that the base bid cost of$171,600.00 for the Exterior Building Envelope Maintenance work be accepted from Restoration Systems,Inc. Please call(763)398-3040 with any questions,comments. Sincerely, ENVIRONMENTAL PR SS,INC. Shawn Brenny Project Manager Copy: Michael Berreau,EPI Charles A.Lane,EPI CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. F. Paul Sticha, Office of the City Reject Bids for rebuilding City Hall and Fire Manager, Facilities Station#2 Parking Lots Requested Action Move to: Reject bids to rebuild parking lots at City Hall and Fire Station #2. Synopsis City Hall Station 2 Midwest Asphalt Corp $107,200 $80,500 Minnesota Roadways Co Declined Declined Background Information Specifications were written by Environmental Process Inc(EPI)and a request for bids was published in the Sun Newspapers. Two bidders attended the pre-bid meeting held by EPI and City of Eden Prairie staff. Minnesota Roadways ultimately declined to bid due to their heavy workload. The bid from Midwest Asphalt exceeds budget dollars available. Staff recommends we reject the bids and postpone this work until next year for the following reasons: • Bids exceed budget dollars available • Specifications as bid would provide us with a rebuilt 40 to 50 year lot(if properly maintained over time). Architect wrote specifications to rebuild as they are concerned about sub-soils at both locations per the soil testing results. • Al Gray and Mary Krause from Engineering agree the specification is more than we need even with poor sub-soil, and recommend we resurface instead. This would provide an additional 15 to 20 years life for these two lots,providing we maintain them over this time, and realizing that we may have some occasional repairs because of the sub-soil. • Al and Mary also agree it is prudent to wait until next year, and incorporate these projects into the City Pavement Management Plan. This should also allow us to receive better pricing with the rest of the City projects, because of the economies of scale. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. G. Paul Sticha, Office of the City Reallocate 2005 CIP Budget Projects to Manager, Facilities complete additional repairs Requested Action Move to: Reallocate 2005 CIP budget per attached worksheet. Synopsis Recommend rejecting bids for parking lot rebuild at City Hall and Fire Station #2 and reallocating these budget dollars to projects on attached worksheet. Background Information Bids for parking lots came in well over budget dollars available, so staff has recommended we reject the bids and postpone asphalt work until next year. Staff recommends the budget dollars for asphalt work be reallocated to the projects on the attached worksheet,which were requested for 2006. The asphalt work will be requested in 2006, so budget dollars will remain the same in 2005 and 2006; however,they will be spent on different projects than originally budgeted. Attachments Allocation worksheet Facilities 2005 CIP Budget Allocation Worksheet PFS 8/4/05 Original Facilities Budget Revision 1 Allocation Revision 2 Allocation City Hall Carpet $500,000 City Hall Carpet $430,000 City Hall Carpet $430,000 Station 2 Asphalt $50,000 Station 2 Asphalt $48,000 Heat Pump Replace $75,000 Heat Pump Replace $75,000 Heat Pump Replace $75,000 City Hall Asphalt $100,000 City Hall Lot#2 $75,000 Police Remodel $175,000 Finance Remodel $46,000 Finance Remodel $46,000 Building Assessments ** $226,000 Building Assessments $226,000 "City Hall $30,000 Payroll Furniture $3,000 **Den Road $2,000 Planning Furniture $3,000 **Homeward $6,000 Parks Display $2,500 **Crestwood $2,000 Infrared Surveys $15,000 **Outdoor $2,000 Den Road Painting $7,500 **Miller Ice Rink $9,000 Round Lake Painting (add) $4,500 **Round Lake $5,000 Round Lake Skate Tile $9,500 **Miller Baseball $5,000 Domestic Heat Exchanger $12,000 **Nesbitt $5,000 Resurface Heaters $16,000 **Edenvale $2,000 Starring Skate Tile $6,500 **Water Plant $17,000 Homeward Skate Tile $7,500 **Station 2 $7,000 Fire Marshall Remodel $10,000 **Station 3 $10,000 Comm Tech Remodel $20,000 **Building 51 $14,000 Starring Lake Int Painting $3,500 **Maint. Facility $10,000 **Station 1 $12,000 **Starring $19,000 **Comm. Center $19,000 **Senior Center $15,000 **EPI &Wilkus Fees $35,000 $226,000 Total $900,000 Total $900,000 Total $897,500 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. H. Stuart A. Fox, Manager of Permit for Winter Use of the LRT Trail Parks &Natural Resources Requested Action Move to: Authorize staff to submit a permit application for the 2005-2006 winter season for use of the LRT trail. Synopsis Currently, Three Rivers Park District does not provide use (maintenance) of the LRT trail between November 15 and March 31 of each year. It is up to the City to submit a winter use permit for use and maintenance of the trail during this time. The City has entered into a permit agreement for the past several winters allowing hiking and cross-country skiing by the public. The City must make an annual application for winter trail use. Background Staff will apply for winter use of the LRT trail in a manner similar to previous years including the condition that the City would be plowing this trail. In order to plow the trail, signs will be posted at each road intersection indicating that the trail is being maintained by the City of Prairie for winter activity use. These signs prohibit activities such as snowmobiling and traveling by motorized vehicles such as ATV's. The winter use signs will be installed prior to November 15, 2005, and removed by April 15, 2006. The signs are the responsibility of the City to place and maintain. Attachment 2005-2006 Winter Use Permit THREE RIVERS PARK DISTRICT REGIONAL TRAIL SYSTEM 2005-2006 WINTER USE PERMIT Name of City. PtAjaje- City Hall Phone g57-g461 83so Contact Person Phone 9sz.-q49 $445' Regional Trail From 01)va-r/ f20 tot. "S3�n!) to 61s`/44kr&A o Authorized 2005-2006 Winter Activities wa/X ' j Regional Trail From to Authorized 2005-2006 Winter Activities Regional Trail From to Authorized 2005-2006 Winter Activities Regional Trail From to Authorized 2005-2006 Winter Activities Authorization is hereby requested from the Park District Board of Commissioners to use portions of the Regional Trail Corridor for-winter use activities between November 15,2005 and March 31, 2006, as determined by each municipality within guidelines set forth herein on District property located within individual City boundaries. It is understood and agreed that approval from the Park District Board of Commissioners is contingent upon the following conditions: • The City agrees to defend, indemnify, and hold harmless the Park District, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its respective contractors, anyone directly or indirectly employed by the, and/or anyone for whose acts and/or omissions they may be liable for related to the winter use of the Regional Trail Corridor. If City maintains general liability insurance at the time this permit is issued, City shall provide the Park District with a Certificate of Insurance, naming Three Rivers Park District as an additional named insured. • The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding,packing, trash pick-up, and sign replacement, between November 15, 2005-March 31, 2006. The City further agrees to immediately address all safety issues on or adjacent to trails. • The City will provide signage at locations approved by the Park District,notifying the public of authorized winter activities within its city limits; activities may include, but are not limited to, hiking, biking, snowmobilin cross-coup skiing, snowshoein or et walking. Winter use g, g, �3' g, p g signs must be installed by the City at designated locations prior to November 15, 2005 and removed by the City no later than April 15, 2006. These signs are totally the responsibility of each municipality. • Snowmobiling is not allowed on asphalt trails. Permitted use for snowmobiles will be limited to direct crossing and/or in areas where the snowmobile trail is kept from running on paved trails and bridges. If snowmobiling is permitted, cities must take steps to keep snowmobiles from damaging paved trails,bridges and other property. • The City agrees to enforce rules and regulations established by the municipality as part of its i request for a Winter Use Permit. • The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including, but not limited to, bituminous/concrete repair, bridge deck repair, grading or adding aggregate pursuant to guidelines established by the Park District. • The Cityagrees that winter trail use will be available to all persons,regardless of residence. �' p g Each City is required to submit its annual permit requests, including proposed rules and regulations, b September a may take u to 45 business days Se ten 30 2 5 after h the Park District gul y p 00 , which D y p y to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It should be further understood that no winter activity will be allowed on segments of the Regional Trail Corridor where municipalities do not request and receive permits. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: Title: (Authorized Representative of the City) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. 1. Robert A. Lambert,Director Edenbrook Conservation Area Parks and Recreation Trail Plan Requested Action Move to: Approve the Edenbrook Conservation Area Trail Plan as per the recommendation of the Edenbrook Conservation Area Trail Planning Committee and the consultant. Synopsis A citizens trail planning committee made up of fifteen residents who live around the Edenbrook Conservation Area have worked with the planning consultant from Brauer and Associates over the last six months to develop a concept plan for providing public access to the Conservation Area; although there are some residents who oppose any trails within this conservation area,the majority of the residents understand the need for public access to this public land and do support the proposed concept plan. City staff recommends approval of the concept plan and recommends funding of the first phase of the trail system in 2006. The first phase is to include the construction of the parking lot and public access off Dell Road and the loop trail system with a connection north to Tristram Way and east to Rustic Hills Park. The estimated cost for the first phase of this trail project is $247,000, and the total cost for all phases is $429,000. The final master plan, including the construction phasing plan will be submitted to the Parks, Recreation and Natural Resources Commission and City Council for approval later this year. At that time the staff will recommend the City Council request the Riley Purgatory Bluff Creek Watershed District to fund 50%of the costs of the trail construction. Background In February of 2005, letters were sent notifying all residents within 1,000 feet of Edenbrook Conservation Area that the City Council had authorized preparation of the plans for a trail system within the Edenbrook Conservation Area. The letter also invited any residents wishing to serve on a planning committee to write a letter expressing an interest to serve. Fifteen residents applied and were accepted to serve on a Trails Planning Committee. City staff and consultants from Brauer and Associates met with the citizens planning committee in March to review the background and previous planning studies for the trails within the Edenbrook Conservation Area. Edenbrook Conservation Area Trail Plan August 16, 2005 Page 2 On April 16 staff completed an on-site tour with the consultant and the citizens planning committee and since that time they have met on several occasions prior to a neighborhood meeting on June 1. The neighborhood meeting was established to provide all residents within the Edenbrook area an opportunity to respond to the concept plan for the trails within the Conservation Area. Based on the input from that meeting, Jeff Schoenbauer, the consultant for Brauer and Associates has recommended the concept plan attached to this memorandum. A copy of this concept plan has been on the City's website for several weeks for residents to view. The Parks,Recreation and Natural Resources Commission recommended approval of the plan on August 1,the Riley Purgatory Bluff Creek Watershed District on August 3. Considerations Eight years ago the city staff recommended development of a trail system within the Edenbrook Conservation Area; at that time many residents attended the City Council meeting opposing the trail and the City Council decided to delay development of the trail system until a future date. The Mayor reminded all present at that meeting that there would eventually be trails within the Conservation Area to serve the general public and allow all residents access to this public land. Some residents immediately adjacent to the Conservation Area believed that the decision not to go forward with the trail at that time meant that the City was never going to develop trails within this Conservation Area and are not happy with the decision to reconsider development of trails at this time. The majority of residents seemed to have accepted the rationale for developing trails and many residents are looking forward to the day when these trails are completed. The development of the City's trail system continues to be the strongest supported improvement to the City's park system. Over 80%of the residents use these trails on a regular basis and support the completion of the trail system. Even though over 80%of residents support the trail system, few residents support the concept of a trail near their home when they first hear of the plan. After these trails are in, residents adjacent to the trails are generally the strongest supporters of the trail system, because of its convenience to their homes. Attachment Edenbrook Conservation Area Trail Concept Plans Nature Trail Master Plan Cost Analysis—Edenbrook Nature Trail Master Plan Cost Analysis Date: July 26,2005 Project: filature Trails—Edenbrook Conservation Area Owner: City of Eden Prairie Prepared By: Brauer&Associates, Ltd, Phase I Trail Development Includes natural trail development from parking lot over to Rustic Hills Park and connection to Tristram Way,as well as the central loop.Also includes connection to two observation areas.All work is contracted unless noted otherwise. Phase 1 Cost Items and Estimate MEMH_- — — - E#�mated Nature Trail 7,200 lineal feet of 24"to 48"wide nature trail using natural soils. 50,000 Includes basic clearing,grading/shaping,and seeding of disturbed areas adjacent to trail. Boardwalk 1500 lineal feet of 42"wide boardwalk.(Materials only,City installs.) _ 67,500 Creek Bridge 42"wide x 15'long bridge across creek in concert with boardwalk 14,000 designed for pedestrians only.Estimate allows for 2 bridges.(Materials only,City installs.) Parking Lot 10 car paved parking lot and access drive with curb and gutter. 45,000 Stormwater managed through adjacent natural infiltration_ Paved Trail 8'wide paved trail from parking lot to overlook structure. 8,500 Overlook Structure Sim le roofed overlook structure.Accessible. 18,000 Signage General trail signage defining trail as pedestrian-only and providing 4,000 mapping and limited interpretation.Also si na e for parking area. Site Amenities Benches,overlooks,trash receptacle,etc. 8,000 •�rrz� ►# Riiwllistl sttrnct �s l i _._....__ fiILfJQ Items not included in estimate: • Any additional site work in the area of the new parking lot,which has been previously used for non- authorized BMX activity. Phase !I Trail Development Includes natural trail development from Rustic Hills Park over to Duck Lake Road.Also includes connection to two observation areas along this trail segment All work is contracted unless noted otherwise. Phase 1 Cost Items and Estimate �Eetik"ss_-'=-:~:w�_=>::=.•• �es�a 'tibrz ...... __ --- ___ - -x: Nature Trail 1,800 lineal feet of 24"to 48"wide nature trail using natural soils. 12,500 Includes basic clearing,grading/shaping,and seeding of disturbed areas adjacent to trail Boardwalk 900 lineal feet of 42"wide boardwalk.(Materials only,City installs.) 45,000 Also includes stairway g to Duck Lake Road. Signage General trail 5ignage defining trail as pedestrian-only and providing 2,000 map ing and limited inter retation. Site Amenities Benches,overlooks,trash receptacle,etc. 3,000 - M?4�T� r'a�# 'tftt Items not included in estimate: • Extensive cleanup of the area adjacent to Duck Lake Road,which is heavily used for BMX activity. J Phase III Trail Development Includes natural trail development from central loop trail to existing trail along Town Line Road.All work is contracted unless noted otherwise. Phase I Cost Items and Estimate _... st€maM ic`asF.. Nature Trail 1,500 lineal feet of 24"to 48"wide nature trail using natural soils. 10,500 Includes basic clearing,grading/shaping,and seeding of disturbed areas adjacent to trail. Boardwalk 1,100 lineal feet of 42"wide boardwalk.(Materials only,City installs.) 49,500 Creek Bridge 42"wide x 15'long bridge across creek in concert with boardwalk 7,000 designed for pedestrians only.Estimate allows for 1 bridge.(Materials only,City installs.) Signage General trail signage defining trail as pedestrian-only and providing 2,000 n2aRong and limited interpretation. Site Amenities Benches,overlooks,trash receptacle,etc. 3,000 :ant estn > ofestrsrrl Fer {iaa} 1tt.94SF _r.TotalveraTEjas ItFrErnte --. 8 ©tltI Phase IV Trail Development Includes natural trail development associated with the two neighborhood connections on the southern end of the conservation area.These would link into Phase I trail development.These are listed last due to uncertainty of timing associated with the neighborhood access to Duck Lake Trail through what is now the church property.All work is contracted unless noted otherwise. Phase I Cost Items and Estimate __.._. flan«:�-_= �ui = Nature Trail 1,000 lineal feet of 24"to 48"wide nature trail using natural soils. 7,000 Includes basic clearing,grading/shaping,and seeding of disturbed areas adjacent to trail. Boardwalk 190 lineal feet of 42"wide boardwalk.(Materials only,C4 installs.) 8,500 Creek Bridge 42"wide x 15'long bridge across creek in concert with boardwalk and 7,000 designed for pedestrians only. Estimate allows for 1 bridge.(Materials only,City installs.) Signage General trail Signage defining trail as pedestrian-only and providing 1,000 mapping and limited interpretation. Site Amenities Benches,overlooks,trash receptacle,etc. 1,500 -------- fit forecela innt....:. _: 2 EIUf ' _. Eongj a artcl l?ccrssrtttaies .. Fox.,1 �/ .. - MOM _- rr_ CUM _ ata1 flueral Jft ttzsfSt #ttitife Items not included in estimate: • Does not include the alternative routes as shown on the plan. Summary of Trail Development Cost Estimate for All Phases Total Cost Phase I Cost Estimate for Development $215,000 Total Cost Phase 11 Cost Estimate for Development $62,500 Total Cost Phase III Cost Estimate for Development $72,000 Total Cost Phase IF Cost Estimate for Development $25 000 Total Cost Estimate for Development for All Phases $374,500 Contingency and Professional Fees(Approx. 15%) $54,500 Total Overall Cost estimate for All Phases $429,000 2 Additional Qualifiers The cost estimate is based on the assumption that the project would be bid under separate contracts for contracted work items,as opposed to one general contract The project cost estimate is also based on specialized contractors bidding the construction work. This is especially the case with development of the nature trails,where walk-behind type equipment is envisioned over the use of larger ride-on equipment.For boardwalks and bridges,the cost estimate assumes that the City will do installation to reduce costs. Costs for development of the trails could also be reduced if the City uses its own crews to do some of the work, or other organizations that have provided labor on past City projects of a similar nature. i 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. J. Robert A. Lambert,Director Riley Creek Conservation Area Parks and Recreation Trail Plan Requested Action Move to: Approve the Riley Creek Conservation Area Trail Plan as per the recommendation of the Riley Creek Conservation Area Trail Planning Committee and the consultant. Synopsis A citizens trail planning committee made up of seventeen residents who live along the Riley Creek Conservation Area have worked with the planning consultant from Brauer and Associates over the last six months to develop a concept plan for providing public access to the Conservation Area; although there are some residents who oppose any trails within this conservation area,the majority of the residents along the creek corridor understand the need for public access to this public land and do support the proposed concept plan. City staff recommends approval of the concept plan and recommends funding of the first phase of the trail system in 2006. The first phase is to include the construction of the loop trail within the Riley Creek woods and the creek corridor trail from the parking lot adjacent to the woods east to Miller Spring. The only delay of this project could be the timing of the acquisition of the land from MAC and from Pemtom. The estimated cost for the first phase of this trail project is $186,500, and the total cost for all phases is $319,000. The final master plan, including the construction phasing plan will be submitted to the Parks, Recreation and Natural Resources Commission and City Council for approval later this year. At that time the staff will recommend the City Council request the Riley Purgatory Bluff Creek Watershed District to fund 50%of the costs of the trail construction. Background In February of 2005, letters were sent notifying all residents within 1,000 feet of Riley Creek Conservation Area that the City Council had authorized preparation of the plans for a trail system within the Riley Creek Conservation Area. The letter also invited any residents wishing to serve on a planning committee to write a letter expressing an interest to serve. Fifteen residents applied and were accepted to serve on a Trails Planning Committee. City staff and consultants from Brauer and Associates met with the citizens planning committee in March to review the background and previous planning studies for the trails within the Riley Creek Conservation Area. Riley Creek Conservation Area Trail Plan August 16, 2005 Page 2 On April 23 the staff completed an on-site tour with the consultant and the citizens planning committee and since that time they have met on several occasions prior to a neighborhood meeting on June 2. The neighborhood meeting was established to provide all residents adjacent to the Riley Creek Conservation Area an opportunity to respond to the concept plan for the trails within the Conservation Area. Based on the input from that meeting, Jeff Schoenbauer, the consultant for Brauer and Associates has recommended the concept plan attached to this memorandum. A copy of this concept plan has been on the City's website for several weeks for residents to view. The Parks, Recreation and Natural Resources Commission recommended approval of the plan on August 1,the Riley Purgatory Bluff Creek Watershed District on August 3. Considerations The development of the City's trail system continues to be the strongest supported improvement to the City's park system. Over 80%of the residents use these trails on a regular basis and support the completion of the trail system. Even though over 80%of residents support the trail system, few residents support the concept of a trail near their home when they first hear of the plan. After these trails are in, residents adjacent to the trails are generally the strongest supporters of the trail system, because of its convenience to their homes. Attachment Riley Creek Conservation Area Trail Concept Plans Nature Trail Master Plan Cost Analysis—Riley Creek Nature Trail Master Plan Cost Analysis Date: July 26,2005 Project: Nature Trails—Riley Creek Conservation Area Owner: City of Eden Prairie Prepared By: Brauer&Associates, Ltd. Phase 1 Trail Development Includes natural trail development from parking lot adjacent to Riley Creek Woods,through the woods along the creek,and easterly along the creek to the bridge crossing at Cedar Hills Park. It also includes the nature trail loops and associated bridges within the woods.All work is contracted out unless noted otherwise. Phase I Cost Items and Estimate Drat _ _ _...._.._ . tjcnafedss = --=;' Nature Trail 14,000 lineal feet of 24"to 48"wide nature trail using natural soils. 98,000 Includes basic clearing,grading/shaping,and seeding of disturbed areas adjacent to trail. Ravine Footbridge 42"wide x 15'long wooded footbridge across ravines for pedestrians 24,000 only.Estimate allows for up to 4 footbridges.(Materials only,City installs.) Creek Bridge 42"wide x 20'long bridge across creek for pedestrians only.Includes 25,500 three bridges.(Materials only,City installs.) Signage General trail signage defining trail as pedestrian-only and providing 15,000 mapping.Also includes interpretative trails signage within Riley Creek woods. Site Amenities Benches,overlooks,trash rece tacle,etc. 10,000 -__ _ =m s To3a PFiasCVC Estotta# __.-.._.___— d �Q _€}vY3E t?hase txstrrt _ 'E 1t33Ft Items not included in estimate: • Bridge crossing of creek at Cedar Hills Park(associated with paved trail) • .Paved trail from Cedarcrest Drive to Cedar Hills Park • Nature trail loops associated with Cedar Hills Park,except trail on north side of creek. Phase II Trail Development Includes natural trail development from Cedar Hills Park area easterly along the creek to the connection with the trail coming out of Prairie Bluff Conservation Area.All work is contracted out unless noted otherwise. Phase 11 Cost Items and Estimate itelSE= _0y - __:_.des _-v:,-�::--__- :__.,_.__. �.— — - troy€=; :_= =_ w= r - ?=-' Estrmtedst r-_ _.___ _.__..........._._.._ Nature Trail 3,700 lineal feet of 24"to 48"wide nature trail using natural soils. 25,000 Includes basic clearing,grading/shaping,and seeding of disturbed areas adjacent to trail. Fencing Split-rail style wood fence at crossing of Eden Prairie Road and Spring 8,000 Road to define pedestrian crossing area.Budget figure. Signage General trail signage defining trail as pedestrian-only and providing 2,500 mapping and limited interpretation, Site Amenities Benches,overlooks,trash receptacle,etc. 4,000 'o .r use€ asf Es€rtnafae Dever" r _ _ , an--jr W���_�_=•�__----__-_ �.�-�:_�:�a'<1�!erali~ ;�e �ost�sha#��;.y;�"�^'`�-x�3"�:: - > 'ftt�0 items not included in estimate: • Underpass associated with Prospect Road - • Does not include the crossing of the creek on the east side of Spring Road to make the connection with Prairie Bluff trail. 1 Phase III Trail Development Includes natural trail development from Riley Creek Woods westerly to Pioneer Trail and the connection to the regional trail.All work is contracted out unless noted otherwise. Phase I Cost Items and Estimate _f3g$er ,ttgtl Nature Trail 6,800 lineal feet of 24"to 48"wide nature trail using natural soils. 47,000 Includes basic clearing,grading/shaping,and seeding of disturbed areas adjacent to trail. Ravine Footbridge 42"wide x 15'long wooded footbridge across ravines for pedestrians 12,000 only.Simple rustic design with height limited to less than 30"to allow for drainage flow.Estimate allows for up to 2 footbridges.(Materials only,Ci installs.) Creek Bridge 42"wide x 20'long bridge across creek for pedestrians only to provide 8,500 access from new development on east side of creek.(Materials only, City installs.) Signage General trail signage defining trail as pedestrian-only and providing 3,000 mappingand limited interpretation. Site Amenities Benches,overlooks,trash receptacle,etc. 6,000 rt e a *raF�sszoa l 1 ees.:(A Items not included in estimate: • Neighborhood access trail and associated bridge from Farmstead Circle to Westwood Terrace. • Underpass associated with Dell Road. • Underpass associated with Pioneer Trail. Summary of Trail Development Cost Estimate for All Phases Total Cost Phase I Cost Estimate for Development $162,500 Total Cost Phase 11 Cost Estimate for Development $39,500 Total Cost Phase III Cost Estimate for Development $76 500 Total Cost Estimate for Development for All Phases $278,000 Contingency and Professional Fees(Approx. 15%) $40,500 Total Overall Cost estimate for All Phases $319,000 Additional Qualifiers The cost estimate is based on the assumption that the project would be bid under separate contracts for specific work items,as opposed to one general contract.The project cost estimate is also based on specialized contractors bidding the construction work.This is especially the case with development of the nature trails, where walk-behind type equipment is envisioned over the use of larger ride-on equipment. For footbridges and creek bridges,the cost estimate assumes the City will do installation to reduce costs. Costs for development could also be reduced if the City uses its own crews to do some of the work on trails,or other organizations that have provided labor in on past City projects. 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. K. Sue Kotchevar, Office of the Resolution for reimbursement of prior City Manager/ expenditures Requested Action Move to: Adopt Resolution declaring the City's official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Synopsis IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this Resolution, the City is declaring their intent to issue bonds for improvements at the intersection of TH 212 and Charlson Road. The project will be 100%assessed. The reimbursement resolution indicates the maximum amount of bonds expected to be issued for the project is $3.2 million. The Council can issue any amount of bonds less than this amount. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2005- RESOLUTION RELATING TO FINANCING OF THAT CERTAIN PROPOSED PROJECT TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the Council) of the City of Eden Prairie, Minnesota(the City) as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations(the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to that certain project as hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project in the maximum principal amounts shown below: Maximum Amount of Bonds Project Expected to be Issued for Project Improvements for TH 212 and Charlston $3,200,000 Road Intersection Improvements (b) Other than(i)de minimis amounts permitted to be reimbursed pursuant to Section 1.1 50-2(f)(1) of the Regulations or(ii) expenditures constituting preliminary expenditures as defined in Section 1.1 50-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing project paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Budgetary Matters. As of the date hereof,there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside)to provide permanent financing for the original expenditures related to the project, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the project. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. ADOPTED by the Eden Prairie City Council on August 16, 2005. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. L. Adopt Fund Balance Policy Sue Kotchevar, Office of the City Manager/Finance Requested Action Move to: Adopt the Fund Balance Policy Synopsis As part of the budget process the Council asked staff to review the unreserved fund balance policy. It is an important and recommended practice to maintain and follow a fund balance policy. Adopting and following a policy protects the City in the event of temporary revenue shortfalls or unpredicted expenditures and provides time to react to permanent changes in the City's operating environment. Attachments Fund Balance Policy City of Eden Prairie Fund Balance Policy Unreserved Fund Balance—Designated for Working Capital Policy The City's unreserved fund balance— designated for working capital as of the end of the year should equal 50% of the next years budgeted tax revenue. Any amount in excess of 50%will be transferred to the budget stabilization fund. If the balance falls below 50%, a plan will be developed and implemented to replenish the funds. A balance equal to 50% of the next years budgeted tax revenue is needed to fund the following year's operations until the tax settlement is received at the end of June. Unreserved Fund Balance—Budget Stabilization Fund In recognition that the designated for working capital only covers operating costs for the first six months of the years, the City wants to maintain additional resources on hand to provide for contingencies. Therefore, at the end of each year, the City will maintain a Budget Stabilization Fund of 15% of the next year's budget. Any amounts above 15% will be transferred to the capital improvement fund. If the balance falls below 15%, a plan would be developed and implemented to replenish the fund. Fund balance may be used for various contingencies including the following: • Provide flexibility if state law significantly limits the City's taxing and spending powers. This could include legislation regarding levy limits, property tax freezes, levy referendum requirements, etc. • Provide flexibility if the State eliminates or reduces State revenue including fire pension aid, police pension aid, state street aid, and PERA aid. • Provides some protection for future funding needs of the capital improvement plan including possible liquor operations legislation. • Supports the City's bond rating. • To cover expenses created by natural disaster, including flood, fire, or tornado; provided that if federal or state funds are received to offset these expenditures, the budget stabilization fund will be reimbursed. • To cover a General Fund deficit when actual revenues are less than expenditures and to allow for a reasonable degree of error in budget forecasting. • Protect against other unforeseen expenditures and any other items. The policy protects the City in the event of temporary revenue shortfalls or unpredicted expenditures and provides time to react to permanent changes in the City's operating environment. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. M. Robert A. Lambert,Director Amendment to Lease Agreement with Parks&Natural Resources Friendship Ventures Requested Action Move to: Approve amendment to Lease Agreement with Friendship Ventures. Synopsis The Amendment to the Lease Agreement with Friendship Ventures specifies that Friendship Ventures will be responsible to pay for all local share costs associated with the grant application for improvements to Birch Hall and the dormitory. This amendment also addresses the fact that the City will be responsible for all of the cost incurred for the extension of sewer and water to the property as a result of the construction of the new dining hall that was approved in 1998. Background On July 19, 2005, the City adopted Resolution 2005-98 approving a statement of sponsor support authorizing Friendship Ventures to apply for a state capital grant in aid project for the rehabilitation of Birch Hall and the dormitory, the two buildings named on the National Register of Historic Places. Camp Edenwood is City property that is leased to Friendship Ventures, which meets the requirement of a non-profit corporation providing services to children and adults with mental and physical disabilities, which was a condition of the original deed of the property from Hennepin County. In 1998 when the new dining hall was constructed, the City Council made no decision on who should pay for the water and sewer services to the new dining hall. They requested City staff to come back to the Council with a recommendation on whether or not Friendship Ventures should pay a portion of the $77,783 for that project. The majority of the cost of the new dining hall was being funded by the Eden Prairie Lion's Club with the remaining cost being raised from other fundraisers by Friendship Ventures. This dining hall is an improvement to City property and City staff believes that it is not unreasonable for the City to pay for the extension of water and sewer services to this building. This amendment to the lease is also critical for the City to continue as the sponsor for the grant application for the rehabilitation of the other two buildings. This amendment clearly states that Friendship Ventures will assume all local share of the cost associated with that project. Attachment Amendment 2 to Lease AMENDMENT 2 TO LEASE This AMENDMENT 2 TO LEASE (hereinafter referred to as "Amendment 2 to Lease") is entered into as of this 16'h day of August, 2005, by Children's Disability Service Association/Friendship Ventures, a Minnesota non-profit corporation doing business as Friendship Ventures hereinafter referred to as "Friendship" and the City of Eden Prairie, a Minnesota municipal corporation hereinafter referred to as "City." RECITALS: A. City and Are of Hennepin County, Inc. a Minnesota Non-Profit corporation ("Arc") City entered into that certain lease dated January 1, 1984 (the "Lease") whereby the City leased to Arc the property known as Camp Eden Wood and referred to herein as the "Property" or"Camp Eden Wood." and legally described on Exhibit A hereto. i B. On December 20, 1994 Are and City entered into that certain "Amendment 1 To Lease" correcting the legal description of the Property subject to the Lease as of August 1, 1987. The"Lease", "Amendment 1 To Lease"and this"Amendment 2 To Lease"are hereinafter collectively referred to as the"Amended Lease. C. On December 22, 1994 City consented to the assignment of the Lease by Arc to Friendship. D. Friendship provides therapeutic and recreational programs for individuals with mental retardation and other disabilities. E. In 1998 Friendship received approval from City to remove the dining hall from the Property and constructed a new facility in its place. F. In connection with the construction of the new dining hall the extension of municipal water and sewer services to the dining hall was required by the City. Friendship was to reimburse City for the cost of extending water and sewer services in an amount estimated at$77,783.28. G. On July 19, 2005 the City adopted Resolution No. 2005-98 approving a Statement of Sponsor Support authorizing Friendship to apply for state capital grant-in-aid project grant (hereinafter "Grant Application") for the rehabilitation of the Camp Eden Wood (hereinafter the "Project"). The Project will stabilize and upgrade Birch Hall and the dormitory, the two buildings named on the National Register of Historic Places. H. Resolution No. 2005-98 provided that Friendship shall be responsible to pay for all local share of costs associated with this Grant Application. NOW THEREFORE, in consideration of the mutual promises and undertaking, the parties agree as follows: 1. Proiect Construction. Friendship shall cause the Project to be constructed in accordance with the Grant Application. The contracts Friendship enters into for the Project are hereinafter referred to as the"Project improvement contract(s)." 2. Payment of Local Share. Friendship shall pay directly all local share of costs associated with the Project. j 3. Prompt Payment for Proiect Services. Friendship covenants that it will promptly pay to all persons entitled thereto all costs incurred for services, labor,materials and equipment utilized in the construction associated with the Project either through the Grant Application or through its own funds. 4. Liens. Friendship will not commit or suffer any act or neglect whereby the Property or any part thereof will, at any time, become subject to any attachment, judgment, Lien, charge or encumbrance whatsoever, and will indemnify, defend and hold City harmless from all loss, cost and expense with respect to such thereof. If Friendship shall fail to discharge any such attachment,judgment, lien, or encumbrance within then (10) days after notice from City, City may, at its option, discharge the same and treat the cost thereof, plus interest thereon at the rate of eight percent (8%) per annum, as additional rent under the Amended Lease,payable immediately, it being expressly agreed that such discharge by City shall not be deemed to waive or release the default of Friendship in not discharging the same. City may protect its interest from Mechanic's Liens by giving notice to persons doing work or otherwise contributing to the improvement that it is not being made at City's instance as provided by law. 5. Contractor's Indemnification. A. Friendship shall require the contractor(s) for any construction on the Property to agree to the fullest extent permitted by law, indemnify, defend and hold harmless City from and against claims, damages, losses and expenses, including but not limited to, attorney's fees, arising out of or resulting from construction on the Property(the"work"),provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury . to or destruction of tangible property (other than the work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to City. 2 B. In claims against any person or entity indemnified under this Paragraph 5 by an employee of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, this indemnification obligation under this Paragraph 5 shall not be limited by a limitation on amount or type of damages, compensation or benefits.payable by or for the contractor or a subcontractor under workers' or workmen's compensation acts,disability benefit acts or other employee benefit acts. 6. Contractor's Liability Insurance. Friendship shall require the contractor(s) for the Project construction to maintain and file with City certificates of the following i contractor's liability insurance: A. The contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Minnesota such insurance as will protect the contractor from amounts or damages set forth below which may arise out of or result from the contractor's operations under the contract and for which the contractor may be legally liable, whether such operations be by the contractor or by a subcontractor or by anyone directly or indirectly employed by any of them,or be anyone for whose acts any of them may be liable: i i. amounts under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the work to be performed; ii. damages because of bodily injury, occupational sickness or disease, or death of the contractor's employees; iii. damages because of bodily injury, sickness or disease, or death of any person other than the contractor's employees; iv. damages insured by usual personal injury liability coverage which are sustained (1)by a person as a result of an offense directly or indirectly related to employment of such person by the contractor, or (2) by another person; V. damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; vi. damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and vii. damages involving contractual liability insurance applicable to the Contractor's obligations under paragraph 5 above. 3 i The amounts of insurance for damages described in subparagraph ii. through vii. shall be not less than Five Million and no/100 ($5,000,000) for each occurrence. The policies of insurance shall provide coverage from damages arising out of any of the insured against conditions or occurrences arising or occurring during the policy periods. B. Certificates of Insurance acceptable to the City shall be filed with the City prior to commencement of the work. These certificates and the insurance policies required by this Paragraph 6 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the City. 7. Improvements. The Project construction shall be an "improvement" or "improvements"and part of the"premises"as those terms are used in the Lease. 8. Property Insurance, Waiver and Waiver of Subrogation. Friendship shall provide the following insurance: i a. General Liability Aggregate $2,000,000 Products and/or Completed Operations Aggregate $2,000,000 Personal Injury $ 1,000,000 Each Occurrence $ 1,000,000 b. Umbrella Liability $1,000,000 C. Worker's Compensation Statutory i d. Comprehensive Loss insuring loss and damage of and to the Contractor equipment in an amount at least equal to the reasonable value of the Contractor equipment. e. Friendship waives all rights against City for damages caused by fire or other peril described in this Section 8 to the extent covered by property insurance obtained pursuant to this Section 8. All policies of insurance shall contain a waiver of the insurer's rights of subrogation against the City, and shall require thirty (30) day written notice to City prior to cancellation. 9. Option on Default. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Project if Friendship defaults with respect to any term or condition in this Amended Lease 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 Friendship has initiated and is diligently pursuing such cure. In the event the City determines to undertake completion or to cause the completion in whole or part of the Project, Friendship_hereby agrees to assign and hereby does assign to the City all right, title and interest of Friendship in and 4 i to (i.) the State Capital Grants-in-Aid Project Grant for Rehabilitation of the Glen Lake Children's Camp and(ii.) all Project improvement contract(s) and the materials embraced therein appertaining to the Project improvement contract(s); and Friendship agrees in the event of any breach or default on Friendship's part in any provision of this Amended Lease that the City shall be subrogated to all the rights and properties of Friendship in the Grant and in the Project improvement contract(s); provided however the City does not assume by such assignment any obligations of Friendship under the Grant and/or the Project improvement contract(s). Friendship acknowledges that City does not assume any obligations or duties of Friendship with respect to the Grant Application, the Project or the Project improvement contract(s)unless the City shall agree in writing to do so. i 10. Access to Books and Records. At any time, and until the completion of the Grant Application and the Project, including warranty period,the City shall have the right of reasonable access to the books, records and accounts of Friendship with respect to the Grant and the Project improvement contract(s); and any bank depository, materialman, supply house, or other person, firm, or corporation when requested by the City is hereby authorized to furnish the City any information requested including,but not limited to, the status of the work under contracts being performed by Friendship, the condition of the performance of the Grant,Project and the Project improvement contract(s) and payments of accounts on account thereof 11. Separate Suits. Separate suits may be brought hereunder as causes of action accrue, and the bringing of suit or the recovery of judgment upon any cause of action shall not prejudice or bar the bringing of other suits upon other causes of action, whether theretofore or thereafter arising. 12. Attorney-in-Fact. Friendship hereby irrevocably nominates, constitutes, appoints and designates City as its attorney-in-fact with the right,but not the obligation to exercise all of the rights of Friendship assigned, transferred and set over to the City in this Amended Lease,and in the name of Friendship to make,execute, and deliver any and all additional or other assignments, documents, or papers deemed necessary and proper by the City in order to give full effect not only to the intent and meaning of the within assignments, but also to the full protection intended to be herein given to the City under all other provisions of this Amended Lease. Friendship hereby ratifies and confirms all acts and actions taken and done by the City as such attorney-in-fact. 13. Access to Property. Friendship hereby grants the City, its agents, employees, officers and contractors a license to enter the property owned by Friendship as is necessary to perform all work and inspections deemed appropriate by the City in conjunction with this Amended Lease and the construction and inspection of the Project. 14. Sewer and 'Water Connection Charges. City shall assume and be responsible for all costs incurred for extension of sewer and water to the Property as a result of the construction of the new dining hall approved by City in 1998. 5 i 15. No Third Party Beneficiary. This Amended Lease is a contract agreement between the City and Friendship. This Amended Lease may be enforced only by the City and Friendship. No provision of this Amended Lease 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 Amended Lease 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. 16. Costs and Attorneys Fees. Friendship will reimburse the City for all costs and disbursements, including reasonable attorneys' fees, paid or incurred by the City to enforce the terms of this Amended Lease. 17. Counterparts. This Amended Lease 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. 18. Governinz Law. This Amended Lease shall be governed by and construed in accordance with the laws of the State of Minnesota. 19. Dispute Resolution., Each dispute, claim or controversy arising from or related to this Amended Lease or the relationships which result from this Amended Lease shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the either the Construction Industry Mediation Rules of the American Arbitration Association then currently in effect if the dispute relates to construction of the Project or to the Commercial Real Estate Mediation Rules of the American Arbitration Association then currently in effect if the dispute relates to any other matter under the Amended Lease. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 20. Time of the Essence. Time is of the essence for all provisions of this Amended Lease. 21. Notice. All notices required herein shall be in writing and delivered personally, q g P Y, by facsimile transmission, or mailed to the address as shown below and, if mailed, are effective as of the date of mailing: Friendship: City of Eden Prairie: Camp Friendship Director of Parks and Recreation 10509 108th St.NW 8080 Mitchell Road 6 Annandale,MN 55302 Eden Prairie,MN 55344 IN WITNESS WHEREOF, the parties have signed this Amendment 2 To Lease as of the day and year aforesaid. CHILDREN'S DISABILITY SERVICES ASSOCIATION/FRIENDSHIP VENTURES, doing business as Friendship Ventures CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens,Mayor Its Scott H.Neal, 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 August, 2005, by and the and respectively of Children's Disability Service Association/Friendship Ventures, a Minnesota non-profit corporation doing business as Friendship Ventures,on behalf of the corporation. Notary Public i This Document was drafted by Gregerson, Rosow,Johnson&Nilan Ltd. 1600 Park Building 650 Third Ave. S. Minneapolis,MN 55402 i IF i i t I 8 EXHIBIT A-1 That part of the Northeast 1/4, Section 4, Township 116, Range 22, described as follows, beginning at the Northeast corner of said Northeast 1/4, thence South 868.4' along East line to its intersection with the centerline of Chicago, Milwaukee, St. Paul and Pack Railroad,thence Southwesterly along said centerline 580'to point A which is actual point of beginning, thence continue along said centerline to a point which is 150' West at right angles to the West Iine of the Southeast 1/4 of the Northeast 1/4,thence North parallel to and 150' West of said West line 920',thence Easterly to Point A,which is actual point of beginning excepting the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way, Hennepin County,Minnesota, and The East 330.00 feet, as measured at right angles to the East line thereof, of the following described property: That part of the Northeast Quarter of Section 4, Township 116, Range 22, Hennepin County, Minnesota, lying northerly of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company and Westerly of the center line of Birch Island Road, except that part thereof described as follows: Beginning at the Northwest comer of said Northeast Quarter; thence east along the north line of said Northeast Quarter to the center line of Birch Island Road;thence southerly along said centerline to a point distant 1000.0 feet south from the north line of said Northeast Quarter as measured at a right angle to said north line,thence westerly to a point on the west line of the Northeast Quarter of the Northeast Quarter of said section, distant 1000.0 feet south along said west line from the northwest corner of said Northeast Quarter of the Northeast Quarter; thence continue along said line to the west line of said Northeast Quarter; thence north along said west line to the point of beginning, subject to and excepting therefrom former or present railroad right-of-way and public roads. i 9 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 16, 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 143611 - 144101 Wire Transfers City of Eden Prairie Council Check Summary 8/16/2005 Division Amount General 5,259 100 City Manager 175 101 Legislative 371 102 Legal Counsel 53,689 104 Contingency 3,683 110 City Clerk 518 111 Customer Service 9,159 112 Human Resources 3,811 113 Communication Services 8,987 114 Benefits&Training 212 115 Risk Management 66,753 116 Facilities 36,882 117 City Center 139,713 130 Assessing 424 131 Finance 821 132 Social Services 16,262 133 Community Development 354 134 Heritage Preservation 182 135 Information Technology 51,538 136 Wireless Communication 2,288 137 Economic Development 575 150 Park Administration 242 151 Park Maintenance 37,104 153 Athletic Programs 7,342 154 Community Center 1,330 155 Beaches 580 156 Youth Programs 9,630 157 Special Events 28,760 158 Senior Center 1,307 159 Recreation Administration 5,750 160 Therapeutic Recreation 606 162 Arts 4,297 163 Outdoor Center 590 180 Police 1,229 183 Civil Defense 62 184 Fire 28,369 200 Engineering 221 201 Street Maintenance 420,017 202 Street Lighting 53,527 203 Fleet Services 36,826 204 Equipment Revolving 23,755 301 CDBG 3,458 303 Cemetary Operation 8 304 Senior Board 179 312 Recycle Rebate 432 315 Economic Development 10,070 427 2005 G.O.IMPR BONDS 2,500 502 Park Development 77,056 503 Utility Improvement 76,843 506 Improvment Bonds 1996 4,337 507 Construction Fund 207,502 509 CIP Fund 89,163 511 Construction Fund 280,158 512 CTP Trails -503 516 ADC PROTECT 297,557 601 Prairie Village Liquor 76,630 602 Den Road Liquor 143,973 603 Prairie View Liquor 69,214 605 Den Road Building 1,071 701 Water Fund 140,921 702 Sewer Fund 219,023 703 Storm Drainage Fund 27,807 803 Escrow Fund 250 807 Benefits Fund 10,502 Report Totals 2,801,350 City of Eden Prairie Council Check Register 8/16/2005 Check# Amount Vendor/Explanation Account Description Business Unit 143613 10,342 BIFFS INC Waste Disposal Park Maintenance 143614 55 BUCA Operating Supplies Fire 143615 82 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 143616 85 GE CAPITAL Other Rentals General 143617 25 GILMORE,TONYA Program Fee Afternoon Playground 143618 2,500 GRANT STREET GROUP Bond Issue Costs 2005 G.O.Imp.Revolving Fund 143619 336 GREATAMERICA LEASING CORP. Other Rentals General 143620 39 HAYES,ANN Program Fee Summer Skill Development 143621 500 HOME DEPOT CREDIT SERVICES Operating Supplies Summer Safety Camp 143622 325 IN THE HEART OF THE BEAST Other Contracted Services International Festival 143623 795 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 143624 310 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 143625 102 KLOECKNER,LINDA Program Fee Leisure Education 143626 1,218 LACROSSE UNLIMITED Instructor Service Summer Skill Development 143627 2,175 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Risk Management 143628 571 MALONE,TOM Instructor Service Summer Skill Development 143629 3,136 METRO SALES INCORPORATED* Office Supplies General 143630 44 MICHAELS-FLAHERTY,CHRISTI Program Fee Summer Skill Development 143631 2,598 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 143632 350 MU PERFORMING ARTS INC Other Contracted Services International Festival 143633 82 NORTON,KAREN Program Fee Summer Skill Development 143634 60 O'BRIEN,KARLA Operating Supplies Leisure Education 143635 700 PAUL,CYRIL Other Contracted Services Staring Lake Concert 143636 344 PITNEY BOWES INC Other Rentals General 143637 132 PROP United Way Withheld General Fund 143638 27 QUICKSILVER EXPRESS COURIER Postage Planning 143639 3,625 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits 143640 1,174 RICHARDSON,JIM Instructor Service Summer Skill Development 143641 310 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 143642 46 RIEDER,LUANN Lessons&Classes Pool Lessons 143643 115 RUMFORD,JOAN Operating Supplies Senior Board 143644 1,296 SHERBARTH-LYNCH,SANDRA Instructor Service Tennis 143645 500 SOUNDS OF HOPE LTD Other Contracted Services International Festival 143646 14 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 143647 283 UNITED WAY United Way Withheld General Fund 143648 73 WALMER,ALEXANDRA Program Fee Athletics 143649 48 WEIDENFELLER,GIN Recreation Supplies Arts Camp 143650 45 YOUNG,DAWN Program Fee Athletics 143651 82 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 143652 780 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 143653 250 BRAGG,ANNALISA Instructor Service Outdoor Center 143654 34 CHRISTENSEN,MARGE Program Fee Red Hat 143655 755 COSTCO Operating Supplies Fire 143656 104 D'AMICO AND SONS Operating Supplies Fire 143657 600 DEICHERT,LYNN B. Other Contracted Services Staring Lake Concert 143658 100 JASKULKE,PENNY Refunds Environmental Education 143659 40 MENARDS Operating Supplies Park Maintenance 143660 1,351 MIDWEST PLAYSCAPES Landscape Materials/Supp Park Maintenance 143661 100 MUNKVOLD,MARY Refunds Environmental Education 143662 402 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 143663 100 NOEL,J. Refunds Environmental Education 143664 310 OTTERTUNITY INC. Operating Supplies Staring Lake Concert 143665 566 QWEST Telephone Water Utility-General 143666 90 TIME WARNER CABLE Dues&Subscriptions City Council 143667 2,933 URAM,DONALD Other Contracted Services Reserve 143668 75 WHEELER,MAYA Other Contracted Services International Festival 143669 150 YEAROUS,RYAN Instructor Service Outdoor Center 143670 602 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 143671 115 ARVOLD,KATIE Operating Supplies Day Camp 143672 100 BLOOFLAT,TODD Refunds Environmental Education 143673 38 BREEZY POINT RESORT Conference Expense Engineering 143674 96 CASCADE BAY Special Event Fees Teen Work Program 143675 95 COMMISSIONER OF TRANSPORATION Conference Expense Engineering 143676 5,625 CORNERSTONE Other Contracted Services Legal Council 143677 1,350 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire Check# Amount Vendor/Explanation Account Description Business Unit 143678 80 DOMINO'S PIZZA Operating Supplies Tennis 143679 23,755 ELK RIVER FORD Autos Park&Recreation 143680 100 FRANKENSTEIN CREATIONS Other Contracted Services City Manager 143681 1,072 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 143682 62 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 143683 162 IND SCHOOL DIST 272 Transportation Accessibility 143684 840 JEFFERSON LINES Special Event Fees Red Hat 143685 100 KOLLER,THERESE Refunds Environmental Education 143686 117 MAGUIRE,CAROLINE Operating Supplies International Festival 143687 360 METRO FIRE Training Supplies Fire 143688 165 MINNESOTA STATE FIRE CHIEFS AS Conference Expense Fire 143689 84 ONCE UPON A STAR Instructor Service Preschool Events 143690 294 PETTY CASH Other Hardware Information Technology 143691 73 PETTY CASH-EPCC Mileage&Parking Community Center Admin 143692 157 PITNEY BOWES Postage General 143693 48 PRIORITY COURIER EXPERTS Equipment Parts Fleet Services 143694 884 PUBLIC EMPLOYEES RETIREMENT AS Benefit payments Health and Benefits 143695 375 PWC-KORPACZ SURVEY Operating Supplies Assessing 143696 1,573 RICHFIELD,CITY OF Licenses&Taxes Fleet Services 143697 100 ROSE,JOHN Refunds Environmental Education 143699 1,508 WALMART COMMUNITY Operating Supplies Summer Safety Camp 143700 250 WALSER,ROBERT Y Other Contracted Services Purgatory Creek Recreation Are 143701 705 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 143702 127 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 143703 365 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 143704 8,013 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 143705 38 BRW ENTERPRISES Wine Imported Den Road Liquor Store 143706 158 CAT&FIDDLE BEVERAGE Wine Domestic Den Road Liquor Store 143707 9,792 DAY DISTRIBUTING Beer Prairie View Liquor Store 143708 1,509 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 143709 12,062 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 143710 160 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 143711 15,989 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 143712 1,422 HOHENSTEINS INC Beer Prairie Village Liquor Store 143714 29,241 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 143715 21,980 MARK VII Beer Prairie View Liquor Store 143716 205 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 143717 342 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 143718 1,686 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 143719 100 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 143720 10,114 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 143721 1,808 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 143723 21,086 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 143724 291 SPECIALTY WINES AND BEVERAGES Wine Imported Den Road Liquor Store 143725 23,627 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 143726 651 WINE COMPANY,THE Wine Imported Den Road Liquor Store 143727 812 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 143728 240 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 143729 590 WORLD CLASS WINES INC Transportation Den Road Liquor Store 143730 328 A TO Z RENTAL CENTER Other Assets Park Acquisition&Development 143731 68 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Storm Drainage 143732 82 ARVOLD,KATIE Mileage&Parking Afternoon Playground 143733 31 CENTERPOINT ENEGY Gas Miller Park 143734 178 CHOICE INC Other Contracted Services Prairie Village Liquor Store 143735 49 COLLIERS TURLEY MARTIN TUCKER Dues&Subscriptions Assessing 143736 102 EDEN PRAIRIE LANES Special Event Fees Teen Programs 143737 10 EDEN PRAIRIE LIONESS Special Event Fees Classes/Programs/Events 143738 165 FRIENDSHIP VENTURES Special Event Fees Classes/Programs/Events 143739 48,064 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 143740 62 HARRIS,ERIC Operating Supplies Summer Skill Development 143741 34 KAEHLER,LUDDIE Program Fee Classes/Programs/Events 143742 12 LAWRENCE,ADRIENNE Program Fee Red Hat 143743 35 MCFOA Dues&Subscriptions City Clerk 143744 78 MENARDS Operating Supplies Park Maintenance 143745 125 MIAMA Conference Expense General Facilities 143746 400 MINNESOTA GFOA Conference Expense Finance 143747 30 MORTON,TAMMARA Other Contracted Services Leisure Education 143748 100 PLYMOUTH PLAYHOUSE Special Event Fees Red Hat 143749 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General Check# Amount Vendor/Explanation Account Description Business Unit 143750 20,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration 143751 12 SCHOEN,ELIZABETH Program Fee Red Hat 143752 250 STROHMYER,TOM Other Contracted Services Staring Lake Concert 143753 77 SUBWAY Operating Supplies Youth Programs Administration 143754 20 SWEIVEN,LISA C Events/Admission Fee Arts Initiative 143755 1,000 TEMPORARY HEROES INC Other Contracted Services Staring Lake Concert 143756 10 TOMPKINS,JAMES Program Fee Classes/Programs/Events 143757 79 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 143758 115,388 XCEL ENERGY Electric City Hall-CAM 143759 577 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 143760 159 BACHMANS CREDIT DEPT Landscape Materials/Supp Park Maintenance 143761 23 BRADY,MAUREEN Lessons&Classes Pool Lessons 143762 168 BUSINESS JOURNAL,THE Dues&Subscriptions Communication Services 143763 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 143764 44 HENNEPIN COUNTY TREASURER Operating Supplies Planning 143765 10 JOHNSON,KAMARA Program Fee Outdoor Center 143766 559 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant 143767 48 MCCOY,BETH Program Fee Tennis 143768 80 MCFERRIN,TANYA Instructor Service Outdoor Center 143769 35 MERLINS ACE HARDWARE Operating Supplies Park Maintenance 143770 78 MIKETA,ANDREA Program Fee Camps 143771 20 MINNESOTA HARVEST Operating Supplies Leisure Education 143772 45 NELSON,LEANNA Program Fee Athletics 143773 26 NGUYEN,HUNG Lessons&Classes Pool Lessons 143774 106 OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Maintenance 143775 100 OTTERNESS,RON Instructor Service Outdoor Center 143776 2,500 QWEST Telephone Purgatory Creek Rec Area 143777 32 SCHNIRRING,DENISE Lessons&Classes Ice Arena 143778 250 SCOTT COUNTY Deposits Escrow 143779 5,993 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 143780 250 STROHMYER,TOM Other Contracted Services Staring Lake Concert 143781 11 TWIN CITY OXYGEN CO Supplies-General Bldg General Facilities 143782 1,865 US POSTMASTER-HOPKINS Postage Water Accounting 143783 600 VARONE,STEPHANIE Other Contracted Services Staring Lake Concert 143784 128 W E LAHR COMPANY Equipment Parts Fleet Services 143785 20 WRIGHT,KAREN Lessons&Classes Pool Lessons 143786 3,995 XCEL ENERGY Electric Miller Park 143787 1,324 ZACKS INC Small Tools Sewer System Maintenance 143788 360 AMEM Conference Expense Fire 143789 875 ANOKA TECHNICAL COLLEGE Tuition Reimbursement/School Police 143790 623 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 143791 253 BIFFS INC Waste Disposal Park Maintenance 143792 192 COSTCO Operating Supplies Fire 143793 236 D'AMICO AND SONS Miscellaneous City Council 143794 370 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 143795 4,150 DELL Office Supplies General 143796 1,296 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 143797 90 FEDEX Postage Finance 143798 150 GASCH,ROBERT Other Contracted Services Heritage Preservation 143799 444 GE CAPITAL Other Rentals General 143800 243 HENNEPIN COUNTY TREASURER Operating Supplies Planning 143801 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning 143802 285 HULSETHER,SUE C Other Contracted Services Riley-Jacques Barn 143803 1,798 INDUSTRIAL FLOOR MAINTENANCE I Equipment Repair&Maint Fleet Services 143804 300 KROOG,RACHAEL Other Contracted Services Purgatory Creek Recreation Are 143805 575 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development 143806 750 LIVEFRONT INC Other Contracted Services Reserve 143807 57,682 LOGIS LOGIS Information Technology 143808 937 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 143809 74 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 143810 330 MINNESOTA STATE FIRE CHIEFS AS Conference Expense Fire 143811 66 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 143812 275 MINNESOTA ZOOMOBILE Other Contracted Services Staring Lake Concert 143813 79 MOTOROLA Equipment Repair&Maint Wireless Communication 143814 35 MSANI Tuition Reimbursement/School Police 143815 125 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police 143816 150 PETTY CASH-SANDY WERTS Petty Cash&Change Funds General Fund 143817 6,500 PROP Other Contracted Services Housing,Trans,&Human Sery 143818 24 QUICKSILVER EXPRESS COURIER Postage Communication Services Check# Amount Vendor f Explanation Account Description Business Unit 143819 97 QWEST Telephone Round Lake 143820 90 RUMFORD,JOAN Mileage&Parking Senior Center Administration 143821 6,406 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 143822 199 SHRM MN STATE CONFERENCE Conference Expense Human Resources 143823 1,413 SPRINT Software and Hardware Information Technology 143824 335 STAR TRIBUNE Dues&Subscriptions Communication Services 143825 2,060 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery 143826 45 TIME WARNER CABLE Dues&Subscriptions City Council 143827 3,750 US POSTMASTER-HOPKINS Postage Community Brochure 143828 4,625 XCEL ENERGY Electric Water Well#9 143829 669 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 143830 123 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 143831 357 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 143832 5,673 BELLBOY CORPORATION Liquor Den Road Liquor Store 143833 132 D'VINE WINE DISTRIBUTORS Wine Imported Prairie View Liquor Store 143834 8,925 DAY DISTRIBUTING Beer Prairie View Liquor Store 143835 2,245 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 143836 16,003 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 143837 96 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 143838 566 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 143839 307 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 143840 5,670 GRIGGS COOPER&CO Liquor Den Road Liquor Store 143842 22,458 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 143843 305 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 143844 8,837 MARK VII Beer Prairie View Liquor Store 143845 844 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 143846 743 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 143847 5,393 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 143848 9,205 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 143849 2,776 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 143850 10,330 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 143851 68 SPANISH WINES IMPORTERS Wine Imported Den Road Liquor Store 143852 530 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie View Liquor Store 143853 240 T.W.E.WHOLESALERS,INC Misc Taxable Den Road Liquor Store 143854 16,058 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 143855 177 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store 143856 370 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 143857 2,107 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 143858 769 WINE SOURCE INTERNATIONAL Wine Domestic Prairie Village Liquor Store 143859 393 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 143860 79 BRIDENSTEINE,CHELSEA Other Contracted Services Teen Work Program 143861 68 CARLSTEDT,ANNIE Other Contracted Services Teen Work Program 143862 20 CHEN,CURTIS FU Other Contracted Services Teen Work Program 143863 37 GARTON,ELISE M Other Contracted Services Teen Work Program 143864 62 GOODWIN,MATTHEW Other Contracted Services Teen Work Program 143865 41 HANSON,NOEL P Other Contracted Services Teen Work Program 143866 19 HOLMQUIST,DAN Other Contracted Services Teen Work Program 143867 136 HYDE-STRAND,ALEXANDRA L Other Contracted Services Teen Work Program 143868 50 KEIVES,ANDREW L Other Contracted Services Teen Work Program 143869 35 KEPPEL,KYLA A Other Contracted Services Teen Work Program 143870 127 KIERSTEAD,CHRISTY Other Contracted Services Teen Work Program 143871 118 KISSINGER,SAMANTHA Other Contracted Services Teen Work Program 143872 162 MCNULTY,ZACK Other Contracted Services Teen Work Program 143873 106 NEILSON,KEVIN Other Contracted Services Teen Work Program 143874 54 NELSON,REBECCA E Other Contracted Services Teen Work Program 143875 19 O'BRIEN,COREY Other Contracted Services Teen Work Program 143876 69 O'BRIEN,NOLAN Other Contracted Services Teen Work Program 143877 47 O'CONNELL,LUXlvII Other Contracted Services Teen Work Program 143878 5 SCHULKE,ROB Other Contracted Services Teen Work Program 143879 75 SHAH,RAOUL Other Contracted Services Teen Work Program 143880 49 SHAH,SHAMIR Other Contracted Services Teen Work Program 143881 128 SHAW,KENDRA Other Contracted Services Teen Work Program 143882 30 SHAWD,ANDREW Other Contracted Services Teen Work Program 143883 127 SKOBOV,MICHAEL E Other Contracted Services Teen Work Program 143884 16 SZE,ALLEN Other Contracted Services Teen Work Program 143885 22 WOITTE,ERIN Other Contracted Services Teen Work Program 143886 8 YEAROUS,NICHOLAS S Other Contracted Services Teen Work Program 143887 177 A TO Z RENTAL CENTER Other Rentals Summer Safety Camp 143888 1,669 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Den Bldg.-CAM Check# Amount Vendor/Explanation Account Description Business Unit 143889 130 ACE TRAILER SALES Equipment Repair&Maint Fleet Services 143890 397 AIR POWER EQUIPMENT CORPORATIO Repair&Maint.Supplies Fire P PP 143891 3,886 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 143892 26,810 AMERICAN LIBERTY CONSTRUCTION, Building Park Acquisition&Development 143893 4,075 ANCHOR PRINTING COMPANY Printing Fire 143894 132 ANDERSON,BRYAN E Other Contracted Services Softball 143895 150 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 143896 132 AQUA LOGIC INC Other Contracted Services Pool Maintenance 143897 1,482 A:SCO SERVICES INC Equipment Repair&Maint Water Treatment Plant 143898 262 AUDIOVISUAL INC Video&Photo Supplies Communication Services 143899 15,840 AXEL H OHMAN INC Contract Svcs-Asphalt/Concr. Fire Station 41 143900 1,266 B J MULCAHY COMPANY INC Capital Under$2,000 Water Treatment Plant 143901 161 BAN-KOE SYSTEMS INC Office Supplies Community Center Admin 143902 100 BARNES,BELINDA A. Other Contracted Services Volleyball 143903 1,605 13AUFR BUILT TIRE AND BATTERY Tires Fleet Services 143904 120 BECKER ARENA PRODUCTS INC Supplies-General Bldg Ice Arena Maintenance 143905 2,606 BENIEK PROPERTY SERVICES INC. Other Contracted Services Park Maintenance 143906 658 BERGERSON-CASWELL INC Other Contracted Services Rehab 143907 64 BERRY COFFEE COMPANY Operating Supplies Senior Board 143908 179 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 143909 386,084 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 143910 2,690 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Park Shelters 143911 200 BONK,BRADLEY Other Contracted Services Softball 143912 162 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 143913 6,674 BRAUN INTERTEC CORPORATION Testing-Soil Boring ADC PROJECT 143914 59,918 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 143915 154 C&C EMBROIDERY Clothing&Uniforms Fire 143916 661 C&H DISTRIBUTORS LLC Repair&Maint.Supplies Water Treatment Plant 143917 2,209 CAPITOL COMMUNICATIONS Capital Under$2,000 Wireless Communication 143918 5,678 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 143919 687 CLAREYS INC Safety Supplies Fleet Services 143920 325 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Storm Drainage 143921 43 CONNEY SAFETY PRODUCTS Office Supplies General 143922 741 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 143923 704 CORPORATE EXPRESS Office Supplies General 143924 24,540 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 143928 7,651 CY'S UNIFORMS Clothing&Uniforms Fire 143929 64 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 143930 69 DAVIES/NORTHERN WATER WORKS Repair&Maint.Supplies Water System Maintenance 143931 55 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 143932 1,406 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM 143933 36,751 DELANO ERICKSON ARCHITECTS Other Contracted Services Park Acquisition&Development 143934 660 DESAULNIERS,DAN Other Contracted Services Softball 143935 117 DISCOUNT SCHOOL SUPPLY Recreation Supplies Afternoon Playground 143936 24,407 DIVERSE BUILDING MAINTENANCE Contract Svcs-Ink Landscape City Hall-CAM 143937 82,919 DMJ CORPORATION Improvement Contracts Construction Fund 143938 375 DNR SCREEN PRINTING INC Clothing&Uniforms Concessions 143939 275 DYE,DANELLE R Other Contracted Services Volleyball 143940 54,969 E H RENNER&SONS Improvement Contracts Utility Improvement Fund 143941 786 EAGLE DRY GOODS Clothing&Uniforms Park Maintenance 143942 136 EARL F ANDERSEN INC Signs Traffic Signs 143943 869 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 143944 75 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager 143945 19 ELECTRIC PUMP Equipment Parts Water Treatment Plant 143946 646 ELVIN SAFETY SUPPLY INC Small Tools Fire 143947 460 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 143948 2,586 ENERGY MANAGEMENT INC Supplies-HVAC City Hall-CAM 143949 709 ENGINEERED ICE SYSTEMS Contract Svcs-Ice Rink Ice Arena Maintenance 143950 100 ERICKSEN,LIZ Other Contracted Services Volleyball 143951 2,489 ESS BROTHERS&SONS Repair&Maint.Supplies Storm Drainage 143952 570 ETHANOL PRODUCTS LLC Chemicals Water Treatment Plant 143953 2,299 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 143954 53 EVENT SOUND&LIGHTING Other Rentals Summer Theatre 143955 929 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 143956 242 FALCK,TIMOTHY R Other Contracted Services Softball 143957 260 FASTSIGNS Operating Supplies Summer Safety Camp 143958 340 FERRELLGAS Motor Fuels Ice Arena Maintenance 143959 1,685 FINLEY BROS INC Building Materials Park Acquisition&Development 143960 350 FISK,APRIL Other Contracted Services Volleyball Check# Amount Vendor/Explanation Account Description Business Unit 143961 34 FLAIR FOUNTAINS 02 Repair&Maint.Supplies Purgatory Creek Rec Area 143962 676 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 143963 465 FORESTRY SUPPLIERS INC. Operating Supplies Park Maintenance P g PP 143964 1,156 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 143965 1,100 GARTNER REFRIGERATION&MFG IN Contract Svcs-Ice Rink Ice Arena Maintenance 143966 359 GERTENS Landscape Materials/Supp Park Maintenance 143967 89 GINA MARIAS INC Operating Supplies Fire 143968 714 GRAINGER Contract Svcs-HVAC Community Center Maintenance 143969 128 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Services 143970 50 GS DIRECT Operating Supplies Engineering 143971 5,338 GUNNAR ELECTRIC CO INC Building Repair&Maint. Riley Lake 143972 1,403 HACH COMPANY Operating Supplies Water System Maintenance 143973 374 HALL,DERRECK Other Contracted Services Softball 143974 57 HANCE COMPANIES Equipment Parts Fleet Services 143975 3,995 HANSEN THORP PELLINEN OLSON Other Contracted Services Planning&Development 143976 84 HARMON AUTOGLASS Equipment Parts Fleet Services 143977 16,304 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 143978 16,693 14AWKINS WATER TREATMENT Chemicals Water Treatment Plant 143979 1,011 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 143980 646 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 143981 332 INFRATECH Repair&Maint.Supplies Sewer System Maintenance 143982 450 INNOVATIVE GRAPHICS Clothing&Uniforms Afternoon Playground 143983 50 INVENSYS SYSTEMS INC Equipment Parts Water Treatment Plant 143984 3,421 J A PRICE AGENCY INC Insurance Risk Management 143985 88 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 143986 219 J J KELLER&ASSOCIATES INC Office Supplies Human Resources 143987 1,366 JEFFERSON FIRE&SAFETY INC Small Tools Fire 143988 7,264 KAMIDA INC Other Contracted Services Park Acquisition&Development 143989 21,874 KEYS WELL DRILLING COMPANY Improvement Contracts Utility Improvement Fund 143990 371 LAKE COUNTRY DOOR Contract Svcs-General Bldg Fire Station#1 143991 691 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 143992 51,009 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT 143993 2,416 LANO EQUIPMENT INC Other Rentals Street Maintenance 143994 60,847 LEAGUE MN CITIES INS TRUST Insurance Risk Management 143995 751 LIGHTNING PRINTING INC Printing International Festival 143996 676 LINCOLN EQUIPMENT INC. Safety Supplies Pool Operations 143997 68 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services 143998 1,072 LYNN'S FLOWER DESIGN Contract Svcs-Int.Landscape City Hall-CAM 143999 27 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 144000 1,145 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Services 144001 26,250 MCF-LINO LAKES Other Contracted Services Street Maintenance 144002 704 MCGREGOR,RANDY Other Contracted Services Softball 144004 1,371 MENARDS Operating Supplies Park Maintenance 144005 445 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 144006 355 METRO BRUSH&SUPPLY Cleaning Supplies Community Center Maintenance 144007 206,373 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 144008 3,935 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 144009 748 MICHELAU,JOHN Other Contracted Services Softball 144010 142,002 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 144011 1,750 MIDWEST DESIGN CO Printing Communication Services 144012 15,675 MINNESOTA CONSTRUCTION Improvements to Land Capital Impr./Maint.Fund 144013 210 MINNESOTA CONWAY Safety Supplies Fire 144014 46 MINNESOTA GLOVE INC Safety Supplies Fleet Services 144015 511 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 144016 41 MINNESOTA WANNER COMPANY Equipment Parts Fleet Services 144017 255 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Services 144018 427 MOORE MEDICAL CORP Safety Supplies Fire 144019 2,215 MTI DISTRIBUTING INC Equipment Parts Fleet Services 144020 253 MURRAY,JOHN Other Contracted Services Softball 144021 668 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance 144022 1,232 NEUMANN,NEAL Other Contracted Services Softball 144023 207 NEXT DAY GOURMET Contract Svcs-Garden Romm Garden Room Repairs 144024 488 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 144025 69,109 NORTHWEST ASPHALT Improvement Contracts Construction Fund 144026 1,568 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Water Utility-General 144027 55 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 144028 158 NUCO2INC Chemicals Pool Maintenance 144029 408 OLSEN COMPANIES Small Tools Sewer System Maintenance 144030 241,778 PARK CONSTRUCTION Improvement Contracts ADC PROJECT Check# Amount Vendor/Explanation Account Description Business Unit 144031 884 PARTEK SUPPLY INC Other Assets Capital Impr./Maint.Fund 144032 700 PAUTZ,ROGER Other Contracted Services Summer Skill Development 144033 700 PC MALL Other Hardware Information Technology 144034 2,000 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Community Brochure 144035 225 PIONEER DRAMA SERVICE Other Contracted Services Arts Initiative 144036 1,100 PLEHAL BLACKTOPPING INC Improvements to Land Park Acquisition&Development 144037 115 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Services 144038 5,591 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 144039 219 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 144040 363 RAY,LEE Other Contracted Services Softball 144041 1,487 RELIAKOR SERVICES Other Contracted Services Park Maintenance 144042 112 RIGID HITCH INCORPORATED Capital Under$2>000 Fleet Services P 144043 15,408 ROCKS UNLIMITED Improvement Contracts Storm Drainage 144044 1,221 RUMPCA CO INC Waste Disposal Tree Disease 144045 95 RUSSELL&MILLER INC Operating Supplies Den Road Liquor Store 144046 346 SARTELL WATER CONTROLS INC Equipment Parts Water Treatment Plant 144047 159 SAVOIE SUPPLY CO INC Cleaning Supplies Water System Maintenance 144048 296 SCHONSTEDT INSTRUMENT COMPANY Equipment Repair&Maint Water System Maintenance 144049 572 SCHWARTZ,DONALD Other Contracted Services Softball 144050 4,337 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 144051 76 SHRED-IT Waste Disposal City Center Operations 144052 205,598 SM HENTGES&SONS INC Improvement Contracts Charlson Area Construction 144053 451 SNAP-ON TOOLS Small Tools Fleet Services 144054 55 SOUND CLIPS INC Video&Photo Supplies Communication Services 144055 516 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 144056 2,368 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 144057 75 SPIRIT APPAREL&STUFF Other Contracted Services July 4th Celebration 144058 295 SPS COMPANIES Supplies-Plumbing Public Works/Parks 144059 9,492 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund 144060 1,597 ST CROIX RECREATION CO INC Building Materials Park Maintenance 144061 881 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services 144062 216 STAR TRIBUNE Operating Supplies Fire 144063 2,831 STAR TRIBUNE Employment Advertising Human Resources 144064 64 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 144065 922 STREICHERS Equipment Parts Fleet Services 144066 1,149 SUBURBAN CHEVROLET Equipment Parts Fleet Services 144067 228 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 144068 483 SUN NEWSPAPERS Legal Notices Publishing City Clerk 144069 165 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 144070 578 TAHER INC CATERING Other Contracted Services Economic Development Fund 144071 2,633 TESSMAN SEED CO Chemicals Park Maintenance 1.44072 506 TIMM,KEVIN Other Contracted Services Softball 144073 13 TOLL GAS AND WELDING SUPPLY Equipment Repair&Maint Park Maintenance 144074 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 144075 11,275 TRANSPORT GRAPHICS Equipment Repair&Maint Fire 144076 675 TREES INC Other Contracted Services Eden Valley Park 144077 1,287 TRUERIDE INC Repair&Maint.Supplies Round Lake 144078 280 TRUGREEN CHEMLAWN MTKA Other Contracted Services Water Treatment Plant 144079 1,351 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM 144080 45 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 144081 107 TWIN CITY SEED CO Landscape Materials/Supp Miller Park 144082 323 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Community Center Maintenance 144083 468 USA BLUEBOOK Equipment Parts Water Treatment Plant 144084 10,260 VALLEY RICH CO INC Building Repair&Maint. Water Treatment Plant 144085 1,331 VERTICAL PERFECTIONS TREECARE Other Contracted Services Tree Removal 144086 683 VIDEO SERVICE OF AMERICA Video&Photo Supplies Communication Services 144087 76 VIKING TROPHIES Training Supplies Pool Operations 144088 289 VOSS LIGHTING Supplies-Electrical Community Center Maintenance 144089 6,159 W W GOETSCH ASSOCIATES INC Machinery&Equipment Water Treatment Plant 144090 2,800 WASHEK EXTERIORS Other Contracted Services Rehab 144091 3,500 WATERSHED PARTNERS Other Contracted Services Storm Drainage 144092 3,074 WHEELER LUMBER LLC Other Assets Capital Impr./Maint.Fund 144093 135 WIGLEY,GRIFFIN J. Software Information Technology 144094 502 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 144095 2,120 WORK CONNECTION-BPARK Other Contracted Services Park Maintenance 144096 85,586 XCEL ENERGY Electric City Hall-CAM 144097 14,365 YALE MECHANICAL INC Other Contracted Services Water Treatment Plant 144098 313 ZAHN,GERALD Other Contracted Services Volleyball 144099 855 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 144100 5,211 ZIEGLER INC Other Rentals July 4th Celebration 144101 220 ZOELLNER,MARK Other Contracted Services Softball 2,801,350 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Reports of the Community Development Director August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. C. 1. Community Development/Planning L.G. Everist Aggregate Transfer Facility Janet Jeremiah Requested Action Move to: • Approve 2nd 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 • Approve the Development Agreement for L.G. Everist Aggregate Transfer. Synopsis L.G. Everist 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. Attachments • Ordinance for PUD District Review and Zoning District Amendment • Summary Ordinance for PUD Zoning Amendment • Development Agreement L.G.EVEREST TRANSFER FACILITY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 12-2005-PUD-8-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the I—General Zoning District 12-2005-PUD-8-2005 (hereinafter "PUD-8-2005-I-GEN"). Section 3. The City Council hereby makes the following findings: A. PUD-8-2005-1-GEN is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2005-1-GEN 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-8-2005-I-GENare justified by the design of the development described therein. D. PUD-8-2005-I-GEN is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 16, 2005, entered into between L.G. Everest, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-8-2005-I-GEN, and are hereby made a part hereof. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the I-General District and shall be included hereafter in the Planned Unit Development PUD-8-2005-I-GEN, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 215Y day of June, 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 16t'day of August, 2005. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — TRACT I AND TRACT J RLS# 1054, HENNEPIN COUNTY,MINNESOTA L.G.EVEREST TRANSFER FACILITY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 12-2005-PUD-8-2005 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at Industrial Drive within the I-General Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT L.G. EVERIST AGGREGATE TRANSFER FACILITY THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of August 16, 2005,by L.G.Everist,Inc.an Iowa corporation hereinafter referred to as"Developer,"its successors and assigns,and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as 11City WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 2.76 acres, Planned Unit Development District Review with waivers on 2.74 acres, Zoning District Change Amendment in the I General Zoning District on 2.74 acres, Site Plan Review on 2.74acres, and Preliminary Plat of 2.74 acres into 1 lots, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2005-83 for Planned Unit Development Concept Review,Ordinance No. 12-2005-PUD-8-2005 for Planned Unit Development District Review and Zoning Amendment in the I-General Zoning District,Resolution No. for Site Plan Review, and Resolution No. 2005-84 for Preliminary Plat Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated June 21, 2005, reviewed and approved by the City Council on June 21, 2005, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4.. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs(including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. 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 land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the construction grading plan. The design professional shall monitor construction for conformance to the approved construction grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved construction grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 6. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C an prior to issuance of permit for the p Y occupancy p Property. 7. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 8. HOURS OF OPERATION:Developer agrees that the hours of operation shall be limited to 7:00 A.M.to 7:00 P.M. Monday through Friday. 9. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof.. A. MAC Equipment, LLC 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Neighborhood Commercial District through the Planned Unit Development District Review for the Property and incorporates said waivers as art of PUD p P �Y p P (list PUD number): • No loading permitted on a street frontage to loading permitted on a street frontage. 11. POND MAINTENANCE AGREEMENT: Prior to the release of the final plat of the Property,Developer shall submit to the City Engineer and receive the City Engineers written approval of a maintenance agreement for the privately owned and maintained water quality pond within the Property. The agreement shall include a maintenance schedule that includes pumping of the sump catch basin as well as cleaning the pond and swales of accumulated sediments. An annual report shall be submitted to the City Engineer regarding the pond sediment storage volumes. The report shall be submitted by November 1 of each year, beginning on November 1,2006. At such time as the pond volume is diminished to 50%of its storage capacity,the owner shall be required to remove all accumulated sediments from the pond. Developer shall provide to the City Engineer a surety equal to 125%of cost of said work. 12. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code,Section 11.70,Subdivision 5a. 14. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 30 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By By Robert Everist Nancy Tyra-Lukens Its vice president Its Mayor By_ Scott H. Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 32005, 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 ,2005, by the of ,on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT -L.G. EVERIST Legal before final plat TRACT I AND TRACT J, REGISTERED LAND SURVEY NUMBER 1054, HENNEPIN COUNTY,MINNESOTA Legal after final plat LOT 1, BLOCK 1, MAC ADDITION,HENNEPIN COUNTY,MINNESOTA EXHIBIT B - PLANS L.G. EVERIST Site Plan—Preliminary Plat, dated April 8, 2005, by HTPO Grading and Drainage Plan, dated April 8, 2005, by HTPO Erosion Control Plan, dated April 8, 2005, by HTPO Landscape Plan, dated April 8, 2005, by HTPO Landscape Reforestation, dated April 8, 2005, by HTPO EXHIBIT C DEVELOPMENT AGREEMENT—L.G. EVERIST I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. V. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VI. Developer represents that it has marketable fee title to the Property, except: MAC Equipment LLC With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VII1. 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. IX. 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. X. 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. XI. 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. XII. 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. XIIL 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. XIV. 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. 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. XVI Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/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. XVII. 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. XVIII. 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 defaults) 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. XIX. 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. XX. 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—L. G. EVERIST EROSION CONTROL POLICY-AUGUST 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedures and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. The applicant must maintain all erosion control systems in a functional condition until the completion of turf and/or structural surfaces, which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency c b City personnel or separate contract. Y Y Yp P C. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of Eden Prairie, Minnesota. By: NOT TO BE SIGNED By: NOT TO BE SIGNED Owner's Signature Applicant's Signature DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN L.G.EVERIST AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of August 16, 2005, by and between MAC Equipment LLC, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For,and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment in the I General District, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat as more fully described in that certain Development Agreement entered into as of August 16, 2005,2005,by and between , and City("Development Agreement"), Owner agrees with City as follows: I. If L.G.Everist,fails to commence development in accordance with the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of, Resolution No. 2005-33 for Planned Unit Development Concept Review, Ordinance No. 6-2005-PUD-3-2005 for Planned Unit Development District Review and Zoning District Amendment, and Resolution No. 2005-42 for Site Plan Review, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By Its Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2004,by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005, by the on behalf of the corporation. Notary Public EXHIBIT A OWNERS SUPPLEMENT Legal before final plat TRACT I AND TRACT J, REGISTERED LAND SURVEY NUMBER 1054, HENNEPIN COUNTY,MINNESOTA Legal after final plat LOT 1,BLOCK 1,MAC ADDITION,HENNEPIN COUNTY,MINNESOTA CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. D. 1. Robert A. Lambert, Director Amendment to Petitions of the Riley Purgatory Parks and Recreation Bluff Creek Watershed District Requested Action Move to: • Request the Riley Purgatory Bluff Creek Watershed District Board of Directors to amend the Use Attainability Assessment of Purgatory Creek to include an evaluation and approval of the master plans for trails within the Purgatory Creek valley referred to as the Edenbrook Conservation Area Trails Plan and the Lower Purgatory Creek Conservation Area Trails Plan; and • Request the Watershed District to evaluate these trail plans to ensure they are in accordance with the past studies prepared by the City and the Watershed District for the Purgatory Creek valley and review the proposed phasing schedule for possible funding assistance for construction of these trails; and • Amend the City petition to study the Riley Creek system and to evaluate and approve the trails master plan for the Riley Creek valley to ensure that it is in accordance with the past and current studies of the creek system and to determine if the proposed phasing plan for construction of the trail system can be incorporated in the water quality improvement project. Synopsis City staff has been working with Brauer and Associates and three different citizen planning teams for the development of a master plan for nature trails within the Riley Creek valley and in the upper and lower parts of the Purgatory Creek valley. As a part of the planning process, the planning teams reviewed past studies of these creek valleys to ensure these master plans were in conformance with previous Watershed District and City assessments of these creek valleys. It is vitally important that development of the trails within these creek valleys are incorporated into any planning efforts to stabilize slopes and existing erosion in these creek valleys. City staff is recommending the City Council petition Riley Purgatory Bluff Creek Watershed District to not only evaluate the master plans to ensure they are in conformance with any existing or past plans for these creek valleys, but also requesting the Watershed District to consider assisting in the cost of construction of these trails. Amendment to Petitions of the Riley Purgatory Bluff Creek Watershed District August 16, 2005-Page 2 Background There have been several studies of the Purgatory Creek valley that have recommended the City preserve the land within the creek valley and to eventually develop a trail system throughout much of the creek corridor. The first study was the 1976. Purgatory Creek Study and a more recent study was the"Eden Prairie Conservation Area Survey and Management Plan"completed in 2000. The Conservation Area and Management Plan Study also recommended the development of nature trails and public access to these conservation areas. Recently the City of Eden Prairie petitioned the Watershed District to evaluate the entire Riley Creek system to assess the feasibility of improving the outlet to Riley Lake and to evaluate erosion along the entire length of the corridor. The development of the trail system should be in conformance with any efforts the Watershed District has to take to stabilize the creek valley side slopes. Riley Purgatory Bluff Creek Watershed District will be reviewing its 2006 budget in August and September;therefore the City should forward this recommendation as soon as possible. CITY COUNCIL AGENDA DATE: SECTION: Reports of the Public Works Director August 16, 2005 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. E. 1. Leslie Stovring Adopt Resolution to Petition Nine Mile Creek Public Works/Environmental Watershed District for Water Quality Services Improvement Projects for Anderson, Bryant, Birch Island and Smetana Lakes Requested Action Move to: Adopt Resolution to Petition the Nine Mile Creek Watershed District to Commit to Funding the Water Quality Improvement Projects for Anderson, Bryant, Birch Island and Smetana Lakes Synopsis Use Attainability Analyses(UAAs)were completed for Anderson, Bryant, Smetana and Birch Island Lakes and a Water Level Investigation Report was completed for Birch Island Lake by the Nine Mile Creek Watershed District(NMCWD). These reports were submitted to the Cities of Eden Prairie, Bloomington and Minnetonka for review. Staff recommends petitioning the Watershed District to provide a 25 to 100%match to complete the items proposed below as part of the overall water quality improvement project for the Nine Mile Creek Watershed. Costs not covered by the District's basic water quality management fund would be paid out of the stormwater utility fund. The estimated cost to the City to participate in this project is $150,000 over the next 20 years. This would include the City's match for the trail project and actions such as permitting, fisheries management, development and distribution of educational materials and the City's aquatic plant surveys. Any matching for land acquisition would be in addition to this amount. Background The purpose of the Lake Use Attainability Analyses (UAAs)was to assess the water quality of the lakes, analyze potential problems identified and provide alternative remedial measures that would result in attainment of water quality sufficient to support the intended uses of the lakes. The purpose of the Water Level Investigation Report was to explore causes of the water level drop within Birch Island Lake and evaluate potential methods to restore the lake to historic water levels. Staff has met with Three Rivers Park District(Park District),the Department of Natural Resources (DNR)and NMCWD to discuss the UAAs and the projects recommended within the UAAs. The following sections outline items which staff recommends petitioning the Watershed District to complete. The projects include a 20-year timeframe for project implementation as well as monitoring and maintenance. Future projects and actions may be petitioned at a later date as the results of the recommended projects become known. Recommended Actions Projects recommended by Staff for each individual lake are outlined below. Costs for the lake projects are included. Estimated costs for water quality and aquatic vegetation monitoring are not included, but are approximately $15,000 to $20,000 per year for each lake. Anderson Lakes Southwest and Northwest Anderson Lakes are in the Eden Prairie. Southeast Anderson Lake is in Bloomington. The petition submitted to the Watershed District would address work for the basins in Eden Prairie only. The estimated cost for the project as petitioned is $750,000. However, if Nine Mile Creek Watershed District Water Quality Improvement Projects August 16, 2005 Page 2 of 3 more precipitation falls than estimated, the costs for pumping to the level proposed for the drawdown could increase. Following are the projects staff recommends. • Manage Anderson Lakes as a wildlife sanctuary. Access would be limited by the Park District to interpretive programming only. • Draw down the water level within Northwest and Southwest Anderson Lakes for one to two years. The drawdown would consolidate the bottom sediments and allow them to freeze over winter. This would assist in removal of curly leaf pondweed and other similar invasive species as part of a long-term vegetation restoration plan for the Lakes. As part of this project, a control structure would be constructed between Southwest and Southeast Anderson Lakes to prevent disruption of the water level in Southeast, which would remain at its current level. The project will need to be coordinated with the DNR and the City of Bloomington. • Reestablish the water level at an elevation of 837.5. Currently, the water level is set at 839.0. The City and Park District advocate establishment of a normal lake level of 837.5 which was the elevation originally intended for the lake. The Park District believes this would lead to a higher quality lake habitat for waterfowl. • Evaluate the water quality goal in relation to the proposed management strategy and lowered water elevation. The Minnesota Pollution Control Agency(MPCA)has expressed an interest in not placing shallow, macrophyte-managed lakes on the impaired waters list for nutrients. • Upgrade and install new ponding to provide additional water quality treatment of stormwater entering the Anderson Lake system. This would include the upgrade of four ponds(13-24-A, 13-32-A1, 13-32-A2 and 24-21-A) and installation of two new ponds which were recommended for Eden Prairie. One of the ponds is within Nesbitt Preserve Park. The remaining ponds are on private property. • Coordinate aquatic macrophyte (plant) survey with the City's ongoing plant survey program. The last survey was conducted by the City in 2004. • Develop public education materials in conjunction with the City's watershed education efforts to inform residents about the drawdown and water quality projects proposed for the Anderson Lake system. Bryant Lake The estimated cost for the project as petitioned is approximately $850,000. Following are projects that staff recommends. • Develop a comprehensive database of in-lake conditions for vegetation. This would include stem density and biomass counts prior to development of the final aquatic plant treatment alternatives. • Evaluate Eurasian water milfoil and curly leaf treatment options based on the results of the DNR study currently being conducted on similar lakes. The treatment alternatives selected should be coordinated with the Park District as they currently do chemical treatment to control nuisance plant growth along shoreline areas owned by the Park District. • Restore and reconfigure the wetland complex along County Ditch 34 (BL-11)for enhanced stormwater treatment. • Develop a passive trail system within Cardinal Creek Conservation Area in conjunction with the wetland restoration project for BL-11. Nine Mile Creek Watershed District Water Quality Improvement Projects August 16, 2005 Page 3 of 3 • Treat lake with a single alum application for temporary phosphorus reduction within the lake. • Coordinate a fisheries plan for the lake with the DNR that could include fish stocking. • Coordinate aquatic macrophyte(plant) survey with the City's ongoing plant survey program. • Develop public education materials in conjunction with the City's watershed education efforts to inform residents about the water quality projects proposed for the lake. Birch Island Lake Birch Island Lake includes not only water quality improvement projects but also a project aimed at restoring the water level within Birch Island to a level seen prior to construction of Highway 62. The total estimated cost for the projects is $650,000. Following are the projects staff recommends. • Construct a new pond(BIL4-1)to provide water quality treatment of stormwater entering Birch Island Lake. The pond would be located northwest of the lake, potentially within City property. Locating the pond would need to be coordinated with the City Parks Department to ensure that historical sites are not impacted by the construction. • Upgrade pond BIL8 to meet current water quality design standards for stormwater ponding. • Conduct the work proposed in the Water Level Investigation Report to restore water levels within the lake closer to historical levels. • Coordinate aquatic macrophyte (plant) survey with the City's ongoing plant survey program. • Develop public education materials in conjunction with the City's watershed education efforts to inform residents about the water quality projects proposed for the lake. This should also include any information which the Watershed District has compiled on the water level decrease. Smetana Lake No water quality improvements are recommended for Smetana Lake. The watershed district recommends monitoring the lake to ensure that deterioration of the water quality is not occurring. Stormwater pond improvements will be recommended as development progresses in the lake's watershed. • Monitor the lake to evaluate water quality in the future to determine if further action is needed. • Coordinate aquatic macrophyte (plant) survey with the City's ongoing plant survey program. The last survey conducted by the City was in 2004. Attachments: • Resolution • Petition • Letter from Three Rivers Park District • FBIW Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2005- RESOLUTION RELATING TO THE NINE MILE CREEK WATERSHED DISTRICT LAKE WATER QUALITY IMPROVEMENT PROJECTS WHEREAS, the lakes within the Nine Mile Creek Watershed District, including Northwest Anderson, Southwest Anderson, Bryant, Birch Island and Smetana Lakes, are important features within the City of Eden Prairie; and WHEREAS, the City Council is committed to water quality improvement within Nine Mile Creek watershed and its tributary lakes; and WHEREAS, there is a documented relationship between deteriorating water quality within Nine Mile Creek and its tributary lakes and the current stormwater ponding system; and WHEREAS, the City of Eden Prairie has determined that improvements to the quality of the lakes, stormwater treatment systems and fishery habitats are required to fully realize the recreational potential of the lakes. NOW, THEREFORE, BE IT RESOLVED, the City Council desires to complete those items recommended within the Use Attainability Analyses to improve the water quality of Northwest Anderson, Southwest Anderson, Bryant, Birch Island and Smetana Lakes and hereby approves the attached petition to the Nine Mile Creek Watershed District to: • Manage Northwest and Southwest Anderson Lakes as a wildlife sanctuary with a permanent water elevation of 837.5, • Partner with the City, Three Rivers Park District and Dept. of Natural Resources to conduct a water level draw-down in Northwest and Southwest Anderson Lakes, • Complete the stormwater pond upgrades and installations proposed for Birch Island, Northwest and Southwest Anderson Lakes, • Develop an invasive species treatment plan for Bryant Lake based on research currently being conducted by the Minnesota Department of Natural Resources (DNR) and completion of an in-lake analysis of vegetation (including stem density and biomass) and coordinate implementation of the selected treatment option with Three Rivers Park District, • Restore the historical wetland along County Ditch 34 leading into Bryant Lake, • Develop a plan for and construct a trail system in conjunction with the wetland restoration along County Ditch 34 and within the Cardinal Creek Conservation Area. • Treat Bryant Lake with a single in-lake alum treatment, • Develop a fisheries management plan for Bryant Lake, • Conduct a water level restoration project for Birch Island Lake, • Develop public education materials in conjunction with the City's watershed education efforts to inform the public about the proposed projects, and • Coordinate the proposed aquatic macrophyte surveys with the City's ongoing survey efforts. BE IT FURTHER RESOLVED, the City Council does request that the Nine Mile Creek Watershed District in funding these activities with a cost share of participate g 25 to 100%as defined in the attached petition. ADOPTED by the Eden Prairie City Council August 16, 2005. Nancy Tyra-Lukens,Mayor SEAL ATTEST: Kathleen Porta, City Clerk PETITION OF THE CITY OF EDEN PRAIRIE TO NINE MILE CREEK WATERSHED DISTRICT FOR THE NORTHWEST ANDERSON, SOUTHWEST ANDERSON, BIRCH ISLAND AND BRYANT LAKE BASIC WATER MANAGEMENT PROJECTS I. AUTHORITY The City of Eden Prairie petitions the Nine Mile Creek Watershed District, pursuant to the provisions of the Minnesota Statutes Sections 103D.201, 103D.605, 103D.705, and 103D.905, to undertake a basic water management project to protect and improve the water quality in Northwest Anderson, Southwest Anderson, Birch Island, Bryant and Smetana Lakes. II. PURPOSE The purpose of the project is to improve the water quality of the lakes within the Nine Mile Creek watershed by reducing internal and external sources of phosphorus in and to the lakes that contribute to alga growth, resulting in decreased water quality, clarity and transparency. The Board of Water and Soil Resources approved and the Board of Managers adopted a watershed management plan that assessed the condition of the lake through determination of its physical, chemical, and biological qualities. The approved and adopted watershed management plan dated May 1996 is incorporated by reference. The project for the cities of Eden Prairie, Minnetonka and Bloomington will help remedy water quality impacts from increased urbanization within the watershed. The Use Attainability Analyses for Anderson Lakes (June 2003, reissued Draft January 2005), Birch Island Lake (June 2000), Bryant Lake (October 2003, reissued Draft March 2005) and Smetana Lake (May 2003) and the Water Level Investigation Report for Birch Island Lake (July 2005) are incorporated by reference. III. GENERAL DESCRIPTION OF WORK PROPOSED AND PURPOSES A series of stormwater management and water quality improvement projects are proposed to manage and improve the water quality of the Anderson, Birch Island, Bryant and Smetana Lakes. The management options and proposed improvements are designed to limit impacts from increased urbanization within each lake's watershed. Within the City of Eden Prairie, the proposed projects are listed below. Stormwater Mana ement • Add storm water basins within the Anderson Lakes system for areas without stormwater management ponds (SW-AL-9 and NW-AL-9). • Upgrade existing storm water management basins to meet NURP standards within the Anderson Lakes system (NW-AL-12,NW-AL-17,NW-AL-18 and SW-AL-8). • Add one new (BIL4-1) and upgrade one (BIL8) storm water management basin for Birch Island Lake. The location for the new pond must be coordinated with the City's Parks Department to avoid historically significant areas. • Restore and upgrade the wetland area within County Ditch 34 for Bryant Lake (BL-11). I Nine Mile Creek Watershed District Water Quality Improvement Projects Petition August 16, 2005 Page 2 of 4 The new and upgraded basins should conform to the standards for the National Urban Runoff Ponding Basins and the requirements of the Minnesota Pollution Control Agency to the fullest extent possible. Water Quality Management • Develop management goals for Northwest and Southwest Anderson Lakes that call for establishment of a wildlife sanctuary that would reflect limited access to the lakes for interpretive programming only. • Evaluate the water quality goals for Northwest and Southwest Anderson Lakes in relation to the proposed management strategy and lowered water elevation. The Minnesota. Pollution Control Agency (MPCA) has expressed an interest in not placing shallow, macrophyte- managed lakes on the impaired waters list for nutrients. • Treat Bryant Lake with a single in-lake alum treatment for temporary phosphorus reduction in the lake. • Develop and coordinate a fisheries management plan for Bryant Lake with the DNR that would include fish stocking. • Conduct the work proposed in the Water Level Investigation Report to restore water levels within Birch Island Lake to more historical levels. • Continue monitoring of the lakes as needed to evaluate and monitor changes in water quality. Aquatic Plant Management • Draw down the water level within Northwest and Southwest Anderson Lakes for one to two years. The drawdown should result in the bottom sediments freezing over winter. A control structure would need to be constructed between Southwest and Southeast Anderson Lakes to maintain the water in Southeast Anderson at its current level. The project will need to be coordinated with the Department of Natural Resources (DNR) and the City of Bloomington. • Reestablish the water levels for Northwest and Southwest Anderson Lakes at an elevation of 837.5, the elevation originally intended for the lake. • Develop a comprehensive database of in-lake conditions for vegetation within Bryant Lake. This would include stem density and biomass counts prior to development of final aquatic plant treatment alternatives. • Evaluate Eurasian water milfoil and curly leaf treatment options for Bryant Lake based on the results of the DNR study currently being conducted on similar lakes. The treatment alternative(s) selected should be coordinated with the Three Rivers Park District's current treatment program. • Coordinate aquatic macrophyte (plant) survey with the City's ongoing plant survey program Public Education • Develop a trail system within the Cardinal Creek Conservation Area that would reflect the use of the property as a passive recreational area and would highlight the wetland restoration work for County Ditch 34 (BL-11). Nine Mile Creek Watershed District Water Quality Improvement Projects Petition August 16, 2005 Page 3 of 4 • Assist with developing public education materials in conjunction with the City's watershed education efforts to inform residents about the water quality projects proposed for the lakes. Continued monitoring and re-evaluation of the effect of constructing the proposed improvements for the purpose of determining whether additional controls are required are requested. IV. DESCRIPTION OF THE LANDS OVER WHICH THE PROPOSED IMPROVEMENTS ARE LOCATED The project will be located on property that is directly or indirectly tributary to Anderson Lakes, Birch Island Lake, Bryant Lake and Lake Smetana within the Nine Mile Creek watershed that is located on the northern and eastern boundaries of Eden Prairie. The cities of Minnetonka and Bloomington are within this area also. Within Eden Prairie,the project will be located within the Nine Mile Creek watershed. In general area this includes the area south of Highway 62, east of Eden Prairie Road, west of the City boundary with Bloomington and north of Anderson Lakes Parkway. The improvement locations are described in detail in the Anderson, Birch Island, Bryant and Smetana Lake Use Attainability Analyses, which are incorporated by reference. V. GENERAL DESCRIPTION OF THE PART OF THE DISTRICT AFFECTED The affected lands are located in the cities of Eden Prairie, Minnetonka and Bloomington. The area within the City of Eden Prairie includes the Nine Mile Creek watershed, including the riparian and tributary drainage areas to Anderson Lakes, Birch Island Lake, Bryant Lake and Lake Smetana as well as Nine Mile Creek. Northwest and Southwest Anderson Lakes are primarily in Eden Prairie. Northwest Anderson does extend eastward into the City of Bloomington. The watershed contains woodlands, marsh, residences, parks and open spaces. Nine Mile Creek is the outlet from Southeast Anderson Lake. Birch Island Lake is located within Eden Prairie but the watershed extends northward into the City of Minnetonka. The watershed consists primarily of commercial, residential, agriculture and park/open space development. Future land use is anticipated to include a switch from I agriculture and open space to more residential and highway as well as some commercial. The current stormwater ponding system for the lake's current and future watershed is inadequate. Bryant Lake is a 176 acre lake within an urbanized watershed. Two main tributaries enter the lake from the north and from the west. They contribute 22% of the lake's annual phosphorus load. The remaining is primarily from internal phosphorus recycling, the lake's direct watershed and from atmospheric deposition. The proposed recommendations address the internal loading and the two main tributaries. Smetana Lake is a 56.5 acre lake with an urbanized watershed. The primary sources of phosphorus to the lake were natural conveyance systems, which includes runoff from streams and storm drains. The proposed recommendations address the non-treated water inputs from natural conveyance systems. Nine Mile Creek Watershed District Water Quality Improvement Projects Petition August 16, 2005 Page 4 of 4 VI. NEED AND NECESSITY FOR THE PROPOSED IMPROVEMENT Continued development in tributary areas necessitates water quantity management and treatment of water quality to protect and improve the scenic, recreational and wildlife of those specific lakes and the overall water quality of the District. VII. THE PROPOSED IMPROVEMENT WILL BE CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE AND WELFARE The City of Eden Prairie petitions for the project because it will be conducive to the public health, convenience and welfare of the District and the City. Completion of the project, and associated recreational improvements, will preserve and enhance the public use and enjoyment of the lakes and adjacent parklands, all of which are significant natural resources of the District and region. VIII. FINANCING OF THE PROPOSED IMPROVEMENT The project is identified in the Nine Mile Creek Watershed District Water Management Plan and is a priority project of common benefit to the entire District. Minnesota Statutes Section 103D.905, Subdivision 3 provides for the project financing of the basic water management features of the project. The District will fund 100%of the costs of the project with the exception of any easement or property acquisition and trail construction. The City will share 75% in the cost of the cost of any such acquisitions and 50% in the cost of trail construction. The City will also fund 100% of any related activities that are not covered under the basic water management features of this proposal such as distribution of educational materials and aquatic plant surveys. IX. PROJECT ABANDONMENT The City of Eden Prairie hereby states and acknowledges that it will pay all costs and expenses that may be incurred by the activities described in this petition in the event the project is dismissed, no construction contract is let, or the City withdraws its project petition. CITY OF EDEN PRAIRIE Mayor of City of Eden Prairie CITY OF EDEN PRAIRIE City Manager T vP 1s Administrative Center. `1 `R I e 3000 Xenium lane -,Plymouth;MN 5544.1,1299 rV�/ ' - Telephone 763l559-9000 - TDD 763/559-6719• 'Fax 763l559-3287 p A IR K D I.S T R IC T ,%..t}reeriversparkdistricLorg - an equal opportunity employer, July 22,2005 Leslie Stovring Environmental Coordinator - ; City.of Eden'Prairie - - 8080 Mitchell.Road Eden Prairie,MN 5534 e Le li 1 Dear s i As a•follow-up to the `July 8, 2005.joint.Park District, City of Eden Prairie and MN Department of Natu al Resources meeting with the Nine Mile Creek-Watershed•District, this letter is to reiterate;the.Three,Rivers Park District position regarding the Bryant Labe_, and Anderson' Lakes "Use Attainability Analysis" (UAA) recommendations. As - - discussed at the meeting, the Park District supports,submittal of a petition by,the City of Eden Prairie- to implement the recommendations in' the Bryant Lake UAA report.. Specifically, the Park District supports a petition for the following activities: •' Develo' a comprehensive database.of in-lske'conditigns for vegetation. This would include stem density / biomass counts; prior to :development ,of aquatic plant treatment'alternatives - • Work with the-Park District and.DNR to evaluate'Eurasian water milfoil treatment options. The Park District,currently does.chemical treatment to..control nuisance ' plant growth along shore.line'areas awned by.the Park District. They do.riot support assumption of this activity by the Watershed District. • Coordinate'curly leaf pondweed treatment options with the Park District. The DNR is currently studying similar-lake systems for curly leaf treatment using endothal. The bNR study results should be evaluated.prior to development of_a' treatment program by the Watershed•District. , • Treat.-the lake with a single in-lake alum application. The work effort should be coordinated with the Park District: • Restore the wetland within:subwatershed-BL-1'1: • Work with the.i)NR in finalizing.a fisheries plan for the lake thU would include :'stocking. .• residents within the `'c• orina'tion materials for ' Work with the C' •to develop public 1 of • City, p p _ B t Lte. ,watershed. These materials would be distributed b the Csi as an ryY t3' watershed i the.City as work is ates t residents within the lake n.Nei� bord Updates o tY gh p , proposed,.or completed. ` Articles could include information on fertilizer use, watershed district projects, and other.timely information. . Promoting environmental stewardship through recreation and.education in a natural resources-based park system - Regarding Anderson Lakes,, however, .the Park District does not support the Use Attainability Assessment recommendations proposing applications of herbicides and' aluminum sulfate to.the lakes. The,Park District is requesting that the City of Eden Prairie not petition the Watershed District for.those improvements: ,As'mentioned previously, the Park District approved Master Planlfor the Anderson Lakes designates the lakes and - surrounding area as a wildlife sanctuary, with;very limited'public access. The proposed alum and herbicide chemical. applications are not compatible with the management objectives for a wildlife sanctuary. Currently; the Park District supports a petition for a drawdown of Anderson Lakes`to •control curly-leaf pondweed,consolidate the bottom sedimertts,-and re-establish a diverse native.macrophyte community-in the lakes.. The Park District also supports a petition to lower,the outlet structure and normal lake level to elevation 837.5. Staff experience • , ' indicates that these practices will significantly.improve the.wildlife value of the lakes'and are more compatible with our management objectives.. Staff also supports additional treatment of storm water entering-the lakes to reduce nutrient loading; and completing,periodic vegetation suiveys on} the lakes to access the effectiveness of the drawdown projects. Prior to and following the drawdown project,the Park District will monitor the water.quality of the lakes to ensure,that the objectives of the Park District, City and Watershed District'are met. The Park District looks forward to working with the Eden Prairie and the 'Nine Mile ' Creek Watershed,District to improve the quality of Bryant Lake and Anderson Lakes. If you ,have- any questions: regarding our. comments please call John Barten, Water Resources Manger at 763/694-7841'. ; Sincerely, Douglas .,Bryant, Supe. tendent and Secretary to the Board c: -Margie Wa1z,Director of Park Operations Services John Barteri,Wpter Resources Manger ' Bob Obermeyer;Nine Mile Creek Watershed District Larry Gillette,Wildlife"Manger Friends of Birch Island Woods A Champion of Open Space McKnight Foundation-Embrace Open Space Campaign 15021 Summerhill Drive Eden Prairie,MN 55346 952-949-8980 Leslie Stovring August 8,2005 Environmental Coordinator City of Eden Prairie, 8080 Mitchell Road Eden Prairie,Minnesota 55344 Re: City of Eden Prairie Petition to the Nine Mile Creek Watershed District to Commit to Funding the Water Quality Improvement Projects for Anderson,Bryant,Birch Island and Smetana Lakes. Dear Ms. Stovring: Friends of Birch Island Woods generally supports the City's petition to the Nine Mile Creek Watershed District to fund water improvement projects for Anderson, Bryant, Birch Island and Smetana Lakes that have are being proposed as a result of the Lake Use Attainability Analyses and Birch Island Lake Water Level Investigation Report. Regarding Birch Island Lake, Friends of Birch Island Woods supports the construction of a storm water treatment pond northwest of the lake; the upgrading of pond BIL8; and the water level restoration project proposed in the Water Level Investigation Report dated July 2005. Friends of Birch Island Woods also supports: (1) Ongoing coordination between the City, Nine Mile Creek Watershed District and the Minnesota Department of Natural Resources and relevant agencies regarding macrophyte (plant) and fisheries surveys. (2) Production of educational materials and programs in conjunction with the City's watershed education efforts pertaining to the Birch Island Lake projects as well as the stewardship of shoreline and watershed uplands and to coordinate such activities with citizen groups including Friends of Birch Island Woods and neighborhood associations. Friends of Birch Island Woods is delighted by the prospect of improving water quality of the lakes within the Nine Mile Creek Watershed District. With warmest regards, Jeff Strate President,Friends of Birch Island Woods, Inc. Board of Directors,Friends of Birch Island Woods, Inc. Jeffrey T. Strate,Robert Lee Ellingson,Vicky J. Miller,Marcus Johnson, Leslie Cameron,Roger B.Person,Cheral M. Tsuchiya,Geri Napuck Westermann