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HomeMy WebLinkAboutCity Council - 09/19/2006 AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, SEPTEMBER 19, 2006 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 Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room H I. SOUTHWEST LRT Council Chamber II. OPEN FORUM A. PEGGY ERAL—MAINTENANCE OF WINFIELD PATH III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESD AY, SEPTEMBER 19 2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeny I. ROLL CALL /CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. WELCOME ABC STUDENTS B. REPORT ON CITY RESPONSE TO THE SENIOR ISSUES TASK FORCE RECOMMENDATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSH�P HELD TUESDAY, SEPTEMBER 5,2006 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 5,2006 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. KLUGE RESIDENCE by Richard and Kelsey Kluge. Second Reading of the Ordinance for Zoning District Change from Rural to R1-22 on 1.98 acres. Location: 7260 Willow Creek Road. (Ordinance for Zoning District Change) C. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION by Southwest Metro Transit Commission. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment with in the I-2 Zoning District on 10.1 acres, Resolution for Site Plan Review on 10.1 acres. Location: 14405 62°d Street West. (Ordinance for PUD District Review with waivers and Zoning District Amendment,Resolution for Site Plan Review) CITY COUNCIL AGENDA September 19, 2006 Page 2 D. WOODLAND 2ND ADDITION by Tom Robertson. Approval of the Development Agreement. Location: 6983 Woodland Drive E. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT HEARING ROLLS AND SETTING HEARING DATE F. APPROVE ENCROACHMENT AGREEMENTS WITH MAGELLAN PIPELINE COMPANY,LP G. AWARD CONTRACT FOR RECONSTRUCTION OF LIFT STATION NO 2 TO ENGINEERING AND CONSTRUCTION INNOVATIONS, I.C. 05-5649 H. ADOPT RESOLUTION CALLING FOR A PUBLIC HEARING ON NOVEMBER 14 2006 TO CONSIDER ESTABLISHING A NEW TAX INCREMENT FINANCING REDEVELOPMENT DISTRICT (SOLOMON'S TOWN CENTER PHASE I) I. APPROVE BID FROM CUSTOM MANUFACTURING FOR EIGHT NATURE TRAIL BRIDGES FOR LOWER PURGATORY CREEK AND RILEY CREEK PROJECTS J. AWARD CONTRACT FOR REPLACEMENT OF ELECTRONIC INFORMATION SIGNS AT CITY CENTER TO AIM ELECTRONICS VIII. PUBLIC HEARINGS /MEETINGS A. PRAIRIE ESTATES 2ND ADDITION by Prairie Estates of Eden Prairie, LLC. Request for Planned Unit Development Concept Review on 2.33 acres, Planned Unit Development District Review with waivers on 2.33 acres, Zoning District Change from Rural to R1-13.5 on 2.33 acres, and Preliminary Plat of 2.33 acres into four lots and road right-of-way. Location: Duck Lake Road and 62°d Street West. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) 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 CITY COUNCIL AGENDA September 19, 2006 Page 3 B. REPORT OF CITY MANAGER 1. Prosecuting Attorney Services C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Guidelines for Community Use of Park and Recreation Rental Facilities 2. Proposed Name Change for the Purgatory Creek Recreation Area 3. Request to Fence Riley Lake Park Playground E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL AGENDA DATE: SECTION: Presentations September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: W.B. Housing&Human Services, Report on City Response to the Senior Mary Keating Issues Task Force Report Recommendations Synopsis Mary Keating will provide an overview of the draft report of the City's Responses to the SITF Recommendations. Council will have the opportunity to comment on the report and ask questions. Senior Issues Task Force members have been invited to attend and will be prepared to answer questions from Council. The final report will be presented to Council for approval in October. Attachments Draft Report on the City's Responses to the SITF Recommendations SITF Report Executive Summary City Response to the Senior Issues Task Force Report (Draft - September 2006) DEMOGRAPHICS RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. (There were no recommendations in the Demographics Section of the 1996 report.) I. The Seniors Issues Task Force recommends that detailed demographics updates be conducted every, I to 2 years. with appropriate adjustments to projections. The number of variables and the rapid community changes such as m jor new transportation systems necessitate updates to this report more frequent than every decade. Demographic reports are readily available from several sources other than, but not exclusive of the U.S. Census. Status of 2005 Recommendation: The Planning Department updates total population numbers for Eden Prairie yearly. The primary source of more in-depth demographic information is the Federal Census taken every ten years and updated to provide more detailed information and population analysis as it becomes available. The cost of a separate City census and analysis would not be cost effective and would require additional staff in the Planning Department. 2. There needs to be increased efforts to measure the new immigrant population with special attention to non-English speaking senior populations. Cultural lifestyles and intergenerational living practices are difficult to measure but critical to planning for needs in several areas of this report. Status of 2005 Recommendation: The cost of census type surveys is prohibitive. 'Through the City's Office of Housing and I luman Services outreach efforts and those of the local schools and service agencies.we are learning more and more as a community about the various cultures and lifestyles of our newest residents. The .Human Services Technician of the Office of Housing and Human Services has made this information available to the community in public forums,presentations to church organizations and service providers. The City,where appropriate;will include this information in future planning. Unfortunately, the federal government admits that immigrants and people of color were undercounted in the recent census due to several isscies including a lack of understanding as to what the census is and mistrust of governments because of past experiences in their countries of origin. The census data does not accurately reflect this population.. 2 HOUSING RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. 1. * Continue to encourage a spectrum of senior-friendly and senior accessible housing opportunities with each new residential development, including apartments. This recommendation has been met. Continue to encourage development that is senior friendly. Support economic development and redevelopment around current senior residences that alleviates the senior's need to drive. Status of2005 Recommendation: The Major Center Area Study helps address this recommendation with a plan to redevelop a central area of Eden Prairie with high density, mixed use housing and retail on the first floors. Sidewalks and transit from existing and future senior housing will provide easy access to shops and services. Green space. benches and good lighting will make the area attractive, safe and convenient. This environment will make driving unnecessary in many instances and will be a positive development for all residents in the area, but particularly,.for those who do not drive. 2. * Maintain contacts with developers in order to achieve more affordable housing units, researching available programs and funds for reducing or buying down construction costs for this target population. This may involve higher densities and different manufacturing techniques. This recommendation has been met. Continue to partner with private developers and government agencies to develop more affordable senior friendly housing options. Status of 2005 Recommendation: The Cite participates in the Metropolitan Council's Livable Communities Program which makes the City eligible to receive grants to help ensure that most housing developments in the City will include at least 15 to 20 percent affordable units. Additional government programs available to developers, including Section 8 and Section 42, will also help to ensure that affordable units will continue to be available. All construction will be monitored and inspected by City staff and will meet or exceed State of Minnesota building codes to ensure safety and quality. In July of 2006, a process of.inspections and licensing will begin for all rental dwelling units to ensure properties are well maintained and safe. The City is updating its Twenty Year Comprehensive Plan which will include plans for more affordable housing in the future. A.D.*'Affordable Housing.Focus Group"has been created to provide input on this topic and includes senior representatives. 3. * Use full authority of Eden Prairie's Housing and Redevelopment Authority and other government agencies to support development of elder] housing. Subsidized rental units, such g g pp p Y g as those available in the H.U.D. complex called Edendale, are highly desirable. This recommendation has not been met 3 Offer incentives for the development of mixed use residences within walking distance of senior friendly retail. Mixed use residences are defined as high density housing with first level retail which takes into account seniors needs. Status of 2005 Recommendation: Due to the increasing numbers of seniors.referred to as the "baby boom" phenomenon, the market will ensure that seniors with middle incomes or higher will fia,,,e choices in the kind of housing they desire for their retirement. Developers are already exploring options with the City. 'Transportation trends(e.g. congestion and high fuel costs)the cost of land and an aging p Z11 C� population are just a few of the factors driving developers to build higher density and mixed use housing/I retail. Surveys have shown that citizens desire a town center area that encourages walking to shops and services. The Major Area Center recommendations are based on this town center model. Retail below housing will offer convenient access to basic services and stores. The City's commitment to affordable housing and developer's access to federal and local incentives will help ensure that seniors with a limited income will have opportunities to live in Eden Prairie. 4. To help the City Council and Planning Commission track the City's progress toward its affordable housing goals,regular reports, e.g. quarterly should be made that review total housing units authorized in the quarter and cumulative for the year, and affordable housing units authorized for the same time frames. Unable to ascertain whether this goal has been met at this time. Establish an annual public reporting requirement to track the City's progress toward affordable housing goals. The parties receiving the report should include;the City Council,the Office of Housing and Human Services, City Department Managers, and other interested City entities. Status of 2005 Recommendation: The Office of I lousing and Human Services tracks the number of affordable housina units in the City on a regular basis and will make that report available to all interested parties on a yearly basis. 5. Continue to support H.O.M.E and other programs that help the elderly remain in their homes. This recommendation has been met. Continue to support programs that help the elderly remain in their homes using grants, private sector partnerships, and a centralized information source. Status of 2005 Recommendation: The market place is already developing a wide range of senior"fee for service programs"to meet the needs of this growing population. These programs are designed to assist people to remain in their homes as independently as possible. Services include housekeeping. grocery shopping, personal care and yard work. Many seniors prefer to move in their retirement years to housing situations that are smaller and do not require yard work-, shoveling snow or home repairs. The new town center concept will be an ideal choice for this group. The in-home services mentioned will continue to be available and subsidized by the City to ensure access for low-income seniors. "Sliding fee schedules", based on the user's income, are used by many providers to keep services available and affordable for everyone. This could help to keep the programs affordable. The City has funded senior programs such as the H.O.M.E.,,Meals on Wheels and Senior Outreach for many years. As our senior population continues to grow,the City's Fluman Services Review Committee will continue its' work of identifying claps in service in the community and recommending l I- t�, 4 appropriate funding to maintain services or fund new programs to meet senior's needs. In addition, Hennepin County offers free services for those seniors that meet low-income guidelines. 6. * Continue to offer seminars, programs, and classes to respond to economic situations affecting elderly, i.e. reverse mortgages, lifestyle opportunities, available assistance, etc. This recommendation has been met Recommend that the city continue to offer seminars and classes through the use of the Senior Center and by partnering with area providers. The goal of partnering is to minimize duplication and keep costs reasonable. Status of 2005 Recommendation: The Senior Center will continue to respond to senior's requests for seminars/workshops on topics of interest to them. As Eden Prairie changes,the Supervisor of the Senior Center is reaching out to the staff of new senior housing developments to plan, coordinate and co-sponsor programs. 7. Maintain current City Code so"mother-in-law"use can occur in homes and publicize this housing option. . This recommendation has been met. Maintain the City's current positive view of"accessory apartments"as an option for seniors to maintain their independence. Publicize accessory apartments as an option through support groups, faith based institutions, and senior publications. Status of 2005 Recommendation: There are no plans to change the codes related to"accessory apartments". These units will be inspected on a regular-basis as apart of the new City code requiring the licensing of all rental housing beginning in the summer of 2006. 8. Designate a City staff person or department to pursue grants or funds available for senior living. The Senior Issues Task Force is not clear on the meaning of the original recommendation and we are unclear if it has been met or not. The city should investigate either assigning an employee or obtaining a service whose responsibility it is to research and procure grant funding for senior housing options. Status of 2005 Recommendation: The increased senior population is the incentive that drives the.market to provide a variety of housing options, for purchase or rent, including townhomes, condominiums, assisted living,nursing homes and other group living situations. 9. Investigate the use of construction processes that take advantage of current technology to provide affordable elderly housing by lowering the cost of acceptable quality construction. (Goals are part of the City's 1995 Housing Initiative and Goals.) We were unable to ascertain whether this goal was met or not. 5 The City needs to assure that all construction meets universally accepted building codes and should weigh the option of holding COITIMUnity developers of senior housing to an appropriate standard for senior living. These expectations should consider such items as fire and evacuation processes that take into account such things as sprinkler systems,weather, and the loss of power and heat. Presently, the Eden Prairie Fire Department has begun a process of gathering information on large facilities that will aid the Fire Department in their response to an emergency. An exterior design and physical landscaping plan that takes into account people with M limitations. This plan should include items such as strategically placed seating options. lighting that exceeds existing city code, and processes for the assurance of safety during adverse weather. A plan that assures the free movement of seniors in a way that allows them to either bypass or have the appropriate amount of time needed to circumvent traffic and distance. These could be achieved through the use of pedestrian overpasses, bridging, ample medians, and senior only reserved parking for persons age 65 and older. Status of 2005 Recommendation: The City,through codes and inspections, ensures that housing in Eden Prairie meets all safety and building, standards as defined by the State of Minnesota in their"life safety codes"which includes mechanical,plumbing and building. The City also inspects to ensure developers comply with the two code categories of the Minnesota Accessibility Rules which sets the standard for accessibility and adaptability in housing for the disabled. The Eden Prairie Fire Department has procedures outlining responses to various emergency situations, including evacuations of non-ambulatory persons, fire suppression and natural or man-made disasters. The Fire Department provides ongoing training and residents are recruited for a Community Emergency Response'fraining(CERT)program that provides twenty hours of training to participants on, among other skills, how to help neighbors in the event of disaster. The City Emergency Preparedness Coordinators and Director, are currently involved in preparedness planning with Hennepin County Emergency Management in the case of a pandemic such as the Avian Flu. The City also has Joint Powers Agreements with neighboring communities to assist in major incidents of all types. ypes. The Major Center Area will be developed to create a town center with housing, retail, services and green space connected by well lit sidewalks with appropriately spaced seating arrangements. This is a current development trend in the suburbs and creates a perfect environment for those who do not drive and require easy access to basic services and shops. New housing developments for seniors will take pedestrian crossings into account. As mentioned,the town center concept will be an attractive housing choice for seniors as it eliminates the issue of crossing busy streets with high traffic volume to access stores and services. Pending City Council approval, new developments targeted for seniors could be required to meet pedestrian friendly design criteria including developer responsibility to tie the project into existing sidewalk and trail systems, possible modification of roadways to accommodate midway median safety zones. pedestrian signals/signage. crosswalks and perhaps most importantly locating senior housing within walking distance of desired services. Not all locations of vacant parcels in the community can successfully accommodate senior 6 housing. However,redevelopment sites may create possible opportunities. Unfortunately. it would be difficult and very expensive to accommodate pedestrian crossings at some existing senior locations. Retrofitting TH212 at Summit Place is an example of a prq�ject that would be expensive and may not feel safe or pedestrian friendly. It might be possible to solicit from seniors a"top ten" list of desirable and higher volume pedestrian crossing locations and corridors. Staff could then review possible solutions. Hennepin County times the traffic lights in Eden Prairie and would respond to a request from the Eden.Prairie Engineering Department to review certain intersections to allow more time to cross. It is also possible to look.at individual crossings to see if"no turn on red"could alleviate some crossing problems for seniors. All changes to existing roads would need to be agreed to by MnDot and Hennepin County. SOCIAL SERVICE SUPPORT SYSTEMS RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. Transportation Transportation likely will always be difficult for the most frail of our citizens,but a continued sensitivity to their needs and vigilance to protect and expand current services is an appropriate role of the City. 1. * Dial-a-Ride by SW Metro is a service much appreciated by older residents who cannot drive some or all of the time. Current vehicles are equipped to accommodate the handicapped. These services need to be maintained and expanded to include more evening and weekend availability. Some expansion routes should be encouraged, especially to Methodist Hospital, Glen Lake and possibly a connection to the MTC routes in Hopkins. Although Dial-a Ride has been discontinued due to high costs, SW Metro continues to try new strategies to meet the needs of Eden Prairie residents. This recommendation has not been met. In view of a larger senior population, some seniors will need a service to replace Dial-a Ride. The City is encouraged to find a way to meet the unmet expansion route needs, especially getting, Eden Prairie residents to medical care facilities. The City and Southwest Metro should work together to access any federal funds that are available for transportation for seniors and the disabled. The City should create a Transportation Commission that could review the existing problems and recommendations outlined in this report and pursue collaboration of private, public and volunteer systems to expand services to seniors. Status of 21005 Recommendation: In 2003 the'Transportation Committee was organized in response to PROP's decision to end its' transportation program of volunteer drivers as well as concerns expressed regarding the difficulty of non-drivers to get around Eden Prairie. 'The "Shopping Bus"program was the Committee's first response to these concerns and is designed to get seniors and disabled residents in apartment complexes to destinations in the City. The next project is to develop transportation to medical appointments. 7 Steps in this process: 1.)Partner ivith other communities in a regional approach Community Action Program of Suburban Hennepin (CAPSH) has agreed to be the lead agency in helping to develop a regional Solution. 2) Conduct a community survey of need. This is necessary because past transportation programs have -failed due to low ridership. We need to understai.id who the target population is and what their specific needs are. Some may require a low cost option while others need someone to accompany,them. CAPSH.has agreed to explore funding possibilities to pay for this survey. The likelihood of receiving funding to implement transportation programs is much greater if it is a regional response. South West Metro Transit has tried a number of circulator routes but they were dropped due to a lack of ridership. Dial- a-Ride was cancelled because of the high cost of operating a"door to door" service. Eden Prairie is currently served by SouthWest Metro Transit, private taxi companies,private medical transportation companies and MetroMobility for those that meet eligibility guidelines. The Senior Center provides a bus for shopping in Eden Prairie every Monday and also provides transportation to City sponsored activities and outings. Any solution to this problem will probably be a combination of programs including some Zn volunteer drivers, a subsidized transportation program and financial and planning involvement by medical providers. In addition, new senior housing developments will be encouraged to build near medical r; facilities, create space for small " minute clinics" or encourage medical providers to offer transportation. 2. Metro Mobility's reliability is not highly regarded by EP seniors with whom we spoke, but until alternative transportation meeting expanded hours and destination availability is available, the City should work to keep EP from being dropped from Metro Mobility's area of service as has been threatened. Metro Mobility no longer seems to be in danger of dropping Eden Prairie from its service area. Although many seniors still do not regard the program highly, it apparently works for persons who understand the system. Metro Mobility Customer Service is available to present informational sessions to city groups. This information would be helpful in eliminating barriers to access. Status of 2005 Recommendation: The Senior Center and the Office of Housing and Human Services are planning a Metro Mobility Information Session to familiarize seniors to program eligibilivy, how you arrange for a ride and a "ride the bus"experience so people will know whit to expect. The first of these sessions will occur on in August at the Edendale Apartments. 8 3. * Liability issues deter some potential drivers from volunteering to drive seniors(and others)to activities and medical appointments. Drivers usingtheir own vehicles find that their personal insurance policies are primary.Making City-owned vehicles available for volunteer driver duties could ease the liability worries of potential drivers. Umbrella insurance policies of the City and PROP should be analyzed and revised, if necessary,to provide protection.Other cities contract with RSVP to increase the availability of volunteers by expanding insurance coverage and by making reimbursement of mileage possible to lower-income volunteer drivers. This issue has been at least in part responsible for the fact that PROP has discontinued providing volunteer drivers for seniors'medical appointments. The City provides vehicles for Senior Center volunteers to use if they choose. There is no response to this recommendation in the 2006 report. 4. * As new housing units targeting seniors are built,the City should encourage apartment owners to make vans purchased for transportation of their residents also available to others in the community. This has not happened A collaboration of private transportation utilizing existing residential vans is recommended. This collaboration could be a good marketing tool for the residence and help create a critical mass for some events and speakers. Status of 2005 recommendation: Many senior residences are now offering transportation in their own vans as one of their amenities. Insurance, cost of drivers and scheduling are issues that would have to be worked out before a"van sharing"arrangement could be implemented on a regular basis. The Transportation Committee will explore this option with the staff of local senior residences. The issue will also be brought before Eden.Prairie Professionals in Aging vvhich is attended by staff of local senior residences. Currently,the Supervisor of the Senior Center collaborates with other senior programs to co-host outings as a means to keep transportation costs low. The City will encourage developers of new senior housing to include transportation as one of their services. 5. * The possibility of coordinating small bus/van transportation with the school district should be explored. We are unaware of any discussion of this possibility. Seniors are not enthusiastic about riding school buses. The new Task Force does not support this resolution. Status of 2005 Recommendation: School busses will not be used for senior transportation. 6. The City should remain sensitive to critical needs in transportation. A coalition of cities, counties and other government units with organizations(such as SHERPA,Area Agency on Aging, etc. could be formed to negotiate with HMOs and other medical institutions to find better solutions to the medical transportation issues created by the centralization of medical services. This centralization saves institutional money at the price of transportation difficulties for patients when specialists and tests are only offered at remote locations. We are unaware of any efforts on this issue. 9 We encourage investigating the possibility of participating in the Metropolitan Council funded transportation grant currently coordinated by Ron Block for Senior Community Services and Prism. We encourage the transportation committee (that evolved when 13ROP discontinued providing volunteer drivers for senior medical appointments)to investigate other cities' grass roots initiatives to provide transportation. Examples are the Atlanta Regional Commission's driving pool with discount vouchers, or car clubs that purchase a car and share with a younger driver/chauffeur. Status of 2005 Recommendation: The City of Eden Prairie opted out of the Metropolitan Council*s Metro Transit Program. That decision cannot be reversed. Council funds are now paid to SouthWest Metro Transit. The Transportation Committee has interviewed staff with the Senior Community Services transportation program. Currently we are partnering with Community Action Partnership in South Hennepin to look at working with other communities in a regional transportation solution. Door to door transportation is expensive and most non- profit transportation services provide rides to more than one person at one time. Other riders are picked up along the way. making the ride cheaper than a cab but longer. This service does not meet the needs of frail elderly or disabled persons that require someone to accompany them to appointments. However, this situation could be addressed by a volunteer companion program. The Transportation Committee is also working with Community Action Partnerhip for Suburban Hennepin to write a grant for a transportation survey of the South Metro area. CASPH is also willing to work with.communities in the South Metro to explore a regional approach to this problem. 7. As our SW Metro system evolves, make sure there is a regularly scheduled loop within the local area that would travel a defined route and stop at key high-traffic spots such as the bus depot,mall, City Center, Community Center, and significant retail and medical service areas. This system was created but has been downsized due to low usage and high cost. An expanded route system is recommended. Status of 2005 Recommendation: The Transportation Committee will discuss this recommendation with SouthWest Metro Transit. I lowever, the viability of such a service will again depend on costs of operation and numbers of anticipated riders. 8. City vehicles intended for the primary use of seniors should be outfitted with hand holds for getting in and out of the vehicles, as well as bench armrests that fold out of the way to ease access..A city-owned station wagon may be more easily accessed and possibly more economical than an additional van when purchase of another city vehicle for transporting seniors is contemplated. The small diesel buses donated by SW Metro filled this need nicely, but they are no longer in use and current Senior Center transportation is not senior friendly. Some think that station wagons and mini vans are hard to get into and out Of. Any acquisition of a City vehicle should be evaluated for accessibility before purchase. I Existing vehicles should be retrofitted to be accessible. C, Status of 2005 Recommendation: All vehicles purchased for the transport of seniors and disabled.residents will be evaluated for accessibility before purchase. 10 9. * Directions should be given for the creation, maintenance and lighting of paths to connect senior apartment residents to nearby services by foot or automated wheelchairs of the type commonly used by the frail. 10. * Pedestrian routes and intersection sidewalks located near senior complexes should receive special attention in icy or snowy conditions. 11. * Where roadways need to be crossed to get to services, an island and midpoint pedestrian signal button should be considered. It does not appear that these three items have been seriously addressed. The creation, maintenance and lighting of sidewalks, paths,trails and pedestrian islands are important to seniors as well as to the rest of the community. Removing ice as well as snow is important in those areas that continue to be used during the winter. Status of2005 Recommendation: Please see response to recommendation# 9 in the section on housing. Currently, the City, through the Parks and.Recreation Department. clears snow on 38 of the 85 miles of sidewalks and 80 miles of the 100 miles of trails. The City owns one piece of equipment designed to remove snow, but not ice, efficiently. Thawing and re-freezing ice would require a major expenditure on equipment and manpower. Salt and other chemicals are discouraged because they are very detrimental to the health of ponds and lakes. Businesses, in most cases, remove snow-and ice from their property, and it is likely that in time this will be required by City Ordinance. 12. A Task Force of interested individuals spearheaded by the Senior Center Board;the Housing Transportation and Human Service Council; the Needs and Resources Council; or Eden Prairie Chamber of Commerce could be charged with the task of identifying ways that businesses might be more sensitive to senior populations. Examples would be creating heated and air conditioned waiting areas with seating within stores, especially in sight of where Dial-a-Ride vans and cabs arrive; a few convenient close-in parking spots designated for seniors; designating special deals at non-peak times or days;publicizing delivery services, etc. There has been some progress in this regard but not enough. Although Dial-a- Ride no longer exists, there are other shopping bus options that make this recommendation still valid. This recommendation still stands. Status of 2005 Recommendation: This recommendation is most appropriate within the work of the Eden Prairie Chamber of Commerce. Possibly the Senior Center Advisory Board could organize a task force to work with the Chamber and Eden Prairie Professionals in Aging on an education piece for local businesses regarding this issue. Housing for the Frail Elderly The Task Force dealing with Housing issues has addressed these issues. Check that chapter for comments. 11 1. * Construction or conversion of a range of housing types meeting the needs of the elderly should be encouraged by the City. This would include lower priced senior apartments, assisted living units and adult foster homes. This issue is addressed in the Housing chapter. See Recommendation 2. 2. * It.would be wise for the city to insist that future construction aimed at seniors should include some garages or underground parking. This issue is addressed in the Housing chapter. See Recommendation 9. 3. * Ideally,new construction designed for the elderly should be planned near necessary services such as a grocery, drug store, a bank or ATM machine and medical services. To maximize access to these services, it seems wise to cluster senior residences near a convenience center such as the intersection of TH 5 and Co. Rd. 4. This issue is addressed in the Housing chapter. See Recommendation 3. Social Services and Support Systems 1. * Organizations of the type of Senior Outreach, H.O.M.E., etc., will be essential to allow larger populations of the frail and elderly to remain outside institutions by using affordable services based on their ability to pay. Retaining this type of support system must be a government priority and may require an increased City investment. The City continues to recognize its essential role in maintaining a local support system, although it has been challenged recently. We strongly encourage the City to maintain its role in assuring that a safety net continues to exist for Eden Prairie citizens. This issue should be specifically addressed in the City's new ten- year comprehensive plan. Status of 2005 Recommendation: In addition to the services being developed by the private sector,the City expects to continue funding the"safety net"of needed services, such as II.O.M.E, Meals on Wheels and Senior Outreach, for low-income seniors. #The original recommendation regarding challenges to local support services was made in response to the 1.995/96 budget process. 2. * Efforts should be made to inform local clergy and congregations about resources that are available to residents, including seniors. This need still exists since our survey suggests limited and sporadic awareness of local senior safety net issues, especially with smaller congregations in Eden Prairie. Local faith communities will be made aware of resources for seniors.A document outlining available resources will be created and distributed to local area faith communities. Churches with computer capabilities will be encouraged to link their websites to the Senior Center, FamiLink, Eden Prairie Professionals In Aging and Senior Community Services Status of 2005 Recommendation: The Familink.Resource Center has developed a resource guide that includes many services utilized by seniors. A resource guide specifically for seniors will be developed by a committee of representatives from the Senior Center, Familink and the Office of Housing and Human Services and distributed to local churches and service programs. The information will also be available on the City's web site and made available to other 12 organizations with computer capability. Currently, Eden Prairie Professionals in Aging has a web site that lists services for seniors. 3. A clearing-house of services possibly like the"Chore Corps" should be created and maintained so that residents can access market rate or sliding scale services from persons whose reputations and work product have been checked for criminal background and reliability. Such services could include personal care and homemaker services; yard work,maintenance and trade people; friendly visitors, respite workers and companions. Service deliverers should include young adults and school children. See recommendations under"Information services, referrals" for suggestions on coordination. This recommendation has not been implemented There is still interest in creating a resource where citizens, especially senior citizens, can access lists of reliable and available service providers, with free or sliding ,-- scale fees. Status of 2005 Recommendation: Please see the response to recommendation 42 in this section. Rating these services could be accomplished by a computer listing that provides users with a way to post their feedback on their experience with a particular service. This option will be explored with the City's IT Department. 4. If national and state resources can no longer support the social service network for seniors, some effort should be made by the City to make sure that the services remain available to our residents, using persuasion to civic organizations and philanthropists as well as City resources. Since the needs and issues will be universal,one would hope that medical advances and national attention to identify strategies will provide some solutions on a broader scale than just the City acting on its own. This resource issue has indeed become an issue. The City has so far done a good job o maintaining its part in providing support to essential social services. Most civic organizations with limited resources choose specific needs to address on a one time basis and do not provide operating funds. We strongly encourage the City to maintain its contribution to essential social services, such as Senior Community Services. Status ol.'100i Recommendation: The City is committed to maintaining a "safety net"of Services. Please see response to recommendation 45 in the housing section and recommendationfl in this section. Information Services/Referrals 1. Perhaps the most critical problem is the need to quickly access appropriate resources when needs arise and to monitor the process afterwards to make sure that the citizen's needs were met to the extent possible. History suggests that people do not recall or reach for available information until they are ready to use it. The Senior Linkage Line,the EP Senior Center, and the City receptionist are probably the best access points to request information about available services,but the current set-up is not designed to provide follow-up status, a situation that may be remedied by the creation of the Family Service Collaborative. If not,these services might be assigned to City staff,perhaps at the Senior Center. Eden Prairie now has the Eden Prairie FamiLink Resource Center serving residents Monday through Friday. FamiLink and Senior Community Services are able to address some of these needs. City and Senior Center staff have not been adequately 13 trained to be able to provide thorough recommendations. Since so many requests for information come initially to the City and Senior Center receptionists, there needs to be better training for individuals in those positions so they know where to direct callers and internet inquiries.A.11 City media, such as the EP News's Community Guide. City publications, City website, etc should direct citizens to trained staff at the n.iost common.entry points: Senior Center, Senior Community Services and FamiLink. Status of 2005 Recommendation: While training is important, wrong information or no information is probably the result of inadequate resource material. This situation will be remedied by the task force mentioned in the response to recommendation#2 in the social services and supports section. 2. The Senior Center currently is the primary first point of access for information about services available. It makes sense that it continue to be kept knowledgeable about linkages and services that are available, and it should be linked in at some point as a provider in the Family Service Collaborative network. The Family Service Collaborative has been reorganized. See recommendation above. 3. As Eden Prairie establishes its website,there should be a page for the Senior Center and for social services available to residents, especially seniors. Although the Eden Prairie website contains a great deal of interesting information, it has proven difficult to navigate to senior resources. The website should be made more user-friendly to access information about services for seniors. Revise the City website for easier access to: • Senior Center • Senior Community Services • FarriiLink. • Eden Prairie Professionals in Aging • Housing and Human Services • Caregiver Support • Chamber of Commerce Human Resources • Eden Prairie Volunteers Status of 2005 Recommendation: Staff in the Office of Housing and Human Services,the Senior Center Supervisor and the Coordinator of the Eden Prairie Familink Resource Center will work with the Communication Department's staff to accomplish this recommendation. 4. There are three areas of senior information and referral that would enhance the current system: • An ongoing effort to keep the listing of service providers current; • Maintenance of a list of"Chore Corps"types of service providers; and • Provision of a clearinghouse to match volunteers with appropriate opportunities The creation of Eden Prairie Volunteers, a website to match volunteers with volunteer opportunities means that one of these recommendations has been met. 14 We agree with the original recommendations. Status of 2005 Recommendation: Eden Prairie Volunteers continues to exist and is kept current by school district staff. Staff from the Senior Center, Housing and Human Services and the Familink Resource Center are currently developing a new packet of infon-nation including for distribution to residents 5. Informal as well as organized service providers need to be identified locally and those lists maintained so the information is current and goes significantly beyond what is available on the "First Call for Help"data base used by the Senior Linkage Line. These informal resources could include neighbors who are willing to be a friendly supporter and mentor to nearby seniors, as well as students and members of youth groups and civic organizations. This has not happened except to the extent that the Eden Prairie FamiLink office has identified resources. We agree with the original recommendation. Status of 2005 Recommendation: The Eden Prairie Familink Resource Center has information available on services for seniors. The information is free and available by telephone and in booklet form. Some infbrination is available on the Eden Prairie Professionals in Aging web site. Informal connections can be made through the Eden Prairie Volunteers web site. Volunteer helpers can also be contacted through the High School Student Learning SLIC office. 6. Senior citizens especially wish to have a place to go for names of persons who do chores who have been previously checked for criminal backgrounds and quality work product. These service providers could include students who wish to earn cash or volunteer credits as well as senior volunteers or persons for whom the service is their livelihood. This has not happened We agree with the original recommendation. Status of 2005 Recommendation: Please see previous response. Most senior home- care and chore service programs do run criminal checks on their employees who will be working in the client's home. The City. as a public entity, can not endorse one particular program. 15 LEGAL AND PUBLIC SAFETY RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. 1. * Maintain adequate and well-equipped emergency response teams and encourage ongoing training to deal properly with problems more common in the older population. This recommendation has been and continues to be implemented. We include this recommendation in the 2005 report not because of any failure to follow through in the past but because it is an ongoing process that can never be considered complete. Status of 2005 Recommendation: The Eden Prairie Fire and Police Departments require periodic training, with certification,to ensure employees are knowledgeable in the latest emergency response techniques and are experienced-in operating the most up to date equipment. 2. * Continue provision of locally presented seminars, short courses on legal issues and related topics by knowledgeable persons without a vested interest in signing up new clients. This recommendation has been carried out, though perhaps not as vigorously as it might have been. We recommend the Police Department schedule regular legal and safety seminars at the Senior Center and at the various senior residences and consider establishing a permanent position of "senior liaison"officer. Legal and safety publications, such as the state Attorney General's Guarding Your Privacy and Senior's Legal Rights should be available for pick up at senior residences and at the Senior Center and should always be included in the-welcome packages"given to new residents. Status of 2005 Recommendation: The Police Department has hired Officer I izabeth Stroner to provide legal and safety seminars. Beginning in 2007, a schedule of presentations will be available so that seniors will known when these events will occur. In the Fall of 2006 Officer Stroner will work with the Supervisor of the Senior Center to present a seminar on safety issues. 3. * The City, in association with local civic groups, should: organize a buddy emergency system to check on vulnerable seniors,particularly in weather emergencies; The City implemented a Community Response Team (CERT) in 2003. The CERT team covers the Community as a whole. It is not specific to seniors, but it does include them. We agree with the original recommendation. Status of 2005 Recommendation: CERT training continues for community residents. These volunteers are trained to provide information to neighbors and check on vulnerable residents in disaster situations. 16 4. Collaborate, using public safety personnel,to provide public information on how to protect against household hazards, abuse and scams; This is being done. Like many programs, improvements can always be made. The more programs that are implemented by the police department the more benefit to seniors in the community. Status of 2005 Recommendation: Please see response to Recommendation#2 in this section. 5. Identify a local sponsor for medical information canisters,File of Life or the latest technology for the refrigerators of older citizens whose medical emergencies may require some medical history and listing of medications. In the past, sponsors have been the Eden Prairie Crime Fund, a grant, or from the Police departments budget. To eliminate the time spent finding a sponsor every year, we recommend that sponsoring the File of Life program be regularly included in the Police Department's budget. Status of 2005 Recommendation: The Eden Prairie Crime Fund is the usual (under of this program so fundraising is not an issue for the Police Department. The current supply of about 1,000 informational packets was purchased for less than $2500.00. which was donated by the Crime Fund. 17 EMPLOYMENT AND LEISURE OPPORTUNTIES RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. 1. * The City must continue to guard against age discrimination in its own hiring and employee policies. Met—City has a demonstrated practice of non-discrimination. We recommend the City continue this practice and review existing policies and procedures on an ongoing basis. Status of 2005 Recommendation: The City has a stated policy of non-discrimination. Any resident can file charges with the Minnesota Department of I luman Rights if they feel they have been discriminated against because of race. color. creed, national origin, gender, sexual preference, marital status, disability, age, public assistance status, familial status or religion. The City's Human Rights and Diversity Commission sponsors information programs and events such as the International Festival to celebrate the diversity in our community and further better understanding within the community. 2. * To the extent possible,the City should help enforce the laws that provide protection against age discrimination and continue to support programs such as mediation that help citizens resolve their issues of perceived discrimination. There has been little opportunityfor the City to "support"programs such as mediation.- However, by supporting the work and recommendations of the Human Rights and Diversity Commission, the City has set an example and established an atmosphere that is not conducive to discrimination. These practices need to be continued. Status of 2005 Recommendation: Please see response to recommendation N 1 in this section. 3. * The City should continue to network with the school district's Community Education services to maintain a broad range of opportunities for residents. The City should consider cooperating with the Hopkins and Minnetonka Schools as well as Eden Prairie schools. There is evidence that good cooperation exists between the City and School Districts. When planning for the social and recreational needs of seniors in.Eden Prairie, the City should continue to develop partnerships with local senior residences,neighboring communities,the Eden Prairie school district and churches to allow for non-duplication of programs, and the efficient use of resources. Status of 2005 Recommendation: This is currently being done, but there will be an even greater emphasis with the increase in the senior population and increases in costs. This kind of cooperation can also serve as a tool of integration so that seniors living in a particular residence can be involved in the greater community. 4. Loss of purchasing power by persons no longer in the workplace causes significant problems. By restraining growth of government,the City can control the growth of its portion of taxes, 18 thereby reducing one of the inflationary effects on senior's budgets. Perhaps the deferred tax system can be expanded or there can be a system similar to the one in place with Hennepin County that allows seniors to work to pay off part of their City taxes. The tax burden on seniors continues to be an issue of concern. Many seniors, many of whom are on fixed incomes, feel significant pressure by continuing tax increases. The leadership of Eden Prairie must continue the difficult job of finding the appropriate balance between desired senior support functions and funds available. Status of 2005 Recommendation: The City tries to maintain a reasonable balance between meeting the needs of residents and the cost of providing services. 5. Using their regulatory powers,the City should work to make sure that the infrastructure and available technology stays up-to-date to make it possible for residents to continue to compete successfully from home-based businesses Sensitivity and reaction to technology advancement benefits the entire community. Status of 2005 Recommendation: The City would carefully consider any new, community wide technology that would benefit residents of Eden Prairie. 6. To enhance the role of the Senior Center as an information and referral center for seniors,the City should consider making sure the Senior Center has access to the Family Services Collaborative. Some progress has been made, more needs to be done. Since 1996 the Senior Center has been the hub for questions regarding senior issues. Therefore,we recommend the Senior Center,Housing and Human Services, Senior Outreach and FamiLink Resource Center staff develop an information and referral resource guide that is computer and brochure based for distribution to seniors. Status of 2005 Recommendation: Please see response to recommendation #2 in the Social Service and Supports Section. 7. To assure access for seniors,when developing a City web site the City should designate a senior page and coordinate with county and state levels so that residents can hyper-text to data bases of seniors, education opportunities, etc The Senior Center link was established in the City's web site providing excellent information. The Senior Center link is an excellent communications tool and should continue to be updated frequently to include all programs and services offered by the Senior Center. Status of 2005 Recommendation: The Senior Center staff will work to maintain and update the information on the web site. 8. When planning for future City web sites a person should be designated to make sure that p g tY p � senior needs are considered and to make sure the web site is accessible This recommendation was met. We recommend the Senior Center web site be updated by a designated staff person with the appropriate skills and competencies. 19 Status of'2005 Recommendation: The Senior Center staff will continue to provide this service. 9. Anticipating the time when the City's senior population has outgrown the current building, using some portion of the easily accessed portion of the City Center space now partly occupied by C.H.Robinson should be considered. Since 1996, the situation between the City and C.H. Robinson has changed dramatically. The need for space for senior programs, activities and rentals continues to grow. To meet the expectations of the growing population we recommend that the City recognize the value of the Senior Center and the diversity of its constituents and programs. We highly recommend that the City provide and maintain appropriate space to meet the current and future needs of community seniors. Status of 2005 Recommendation: The City,through the Parks and Recreation Department, is committed to maintaining the Senior Center for senior programs. However, as pointed out in the Senior Issues Task Force Report, retirement in the future will look different than that of past generations. Seniors will be more active and diverse in their activities. The City is committed to implementing the programs and services that will meet these changing lifestyles. The c �-- t, I renovated Community Center is an example of change that will create both more space and the kinds of space and programs that future seniors will appreciate. As our population becomes more diverse., the City is also committed to offering programs and services that meet the needs of new immigrants. �n example of this adaptability is swimming classes for Somali women who cannot swim with men and must be fully clothed. A class was conducted for them meeting these requirements. There will definitely be more collaborative programming to keep costs low and as a tool to integration of all seniors no matter what kind of senior housing they choose. 10. To facilitate better connections between able volunteers and needs in the community,there appears to be a need for a central clearing house. This job seems likely to fall to a government group, either to do the work or to supervise volunteers to do the work. See the recommendation for updating senior service program availability and establishing a chore corps service mentioned in Chapter IV: Social Services Eden Prairie Volunteers, a web site used to match volunteers with opportunities was created by the School District. Rather than pursuing the detail of the 1996 recommendations,we encourage the City to recognize the expertise and life skills of its senior population and provide a volunteer coordination structure so they can be utilized to the benefit of the City and the individual volunteers. Status of 2005 Recommendation: The City appreciates the expertise and life skills of Eden Prairie seniors. This population is evident in their volunteering efforts through local churches and service programs. The City utilizes senior volunteers on boards and commissions where their work is a positive force that adds to the quality of life in our community. Eden Prairie is served by Eden Prairie Volunteers, a web site for volunteers and volunteer opportunities.that is maintained by a.Volunteer Coordinator through the School District. 20 11. Informational seminars should be made available to Eden Prairie businesses to make them more proactive in creating win-win scenarios that will help them access and maintain a reliable senior workforce. Not Met The 2005 Task.Force believes this recommendation is not of high priority. Status of 2005 Recommendation: Staff representing the City on the Education Committee of the Chamber of Commerce will suggest a forum to educate local employers to the benefits of a senior workforce. 21 GOVERNMENT STRUCTURES RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. 1. * In order to keep these recommendations fresh and updated,the City should determine a process that will be used in the future. We encourage the City Council to provide custodianship of this report by setting a formal review period and reconvening a new task force every five years. In the meantime,the City may convene a panel of persons serving on City commissions to review the findings for the short term. This recommendation was mostly accepted, although the new review Task Force was convened after ten years rather than five. A panel was never convened to review the findings. Because of anticipated increases in the number of local seniors, the City is encouraged to develop a more structured planning and review process. Status of 2005 Recommendation: The City's Comprehensive Ten Year Plan will take into account changing demographics. A focus-group on affordable housing will be implemented to provide input into the Plan. Development projects in Eden Prairie are reviewed by community volunteers on the Planning Commission and presented to the public in hearings. 2. * Task Force members encourage the City to remain sensitive to the needs of seniors. Copies of this report should be presented to the Human Rights and Diversity Commission; Planning and Zoning Commission;Housing, Transportation and Human Services Council;Parks and Recreation Commission; Senior Advisory Board; and other groups and staff members as deemed appropriate by the Council. It is apparent that some staff at the City, having responsibility for issues addressed in the 1996 report did not receive the pertinent information. rFhe report of the 2005 Task Force should be communicated to the City Council and Mayor,to all Commissions and Boards, to the City Manager and to all appropriate City staff. There may be cases«here'1"ask.Force members might be logical presenters. Status of 2005 Recommendation: The City has distributed copies of the Senior Issues Task Force Report to the.Mayor, City Council, Department Heads and the Human.Rights and Diversity Commission.. Additional copies have been given to attendees at all presentations of the Task Force report, including church groups and senior residences. 3. * The City may want to consider discussing with the Senior Center Advisory Board the possibility of changing its organization to permit the appointment by the Council of up to four participants. Issues of particular concern to seniors could be directed by other City commissions and the Council for senior input,broadening the impact of the group beyond what now exists. This new Senior Advisory Board should have an opportunity to meet regularly with the City Manager or other high-ranking officer, and occasionally with the City Council at workshop. There was general consensus that this recommendation was not desirable. 22 Since the Senior Center Advisory Board does not speak for all seniors in Eden Prairie,they should not have City Board or Commission status. Rather,we believe the interests of the Senior Center are best served with the Senior Advisory Board continuing to be selected by the Senior Center Members. Status of 2005 Recommendation: The recommendation regarding selection of Senior Advisory Board members will continue to be decided by a vote of the senior membership. 4. The Senior Advisory Board should be given more status among the City's assortment of advisory boards and commissions;members should be invited to the City's annual volunteer recognition event. The Senior Center Advisory Board was not given more status among the City's Boards and Commissions. The City should obtain input from seniors in a manner and consistent with the recommended planning process. Representatives of the City Council and City Department Directors should continue to attend periodic Senior Center Advisory Board meetings. Members of the Senior Center Advisory Board deserve to be invited to the yearly recognition event. Status of 2005 Recommendation: The Senior Center Advisory Board was, and will continue to be., invited to the annual Boards and Commissions Dinner. 5. The City should develop an accounting system that more clearly delineates program function and attributes total costs including overhead and portions of staff time and capital costs. This will give decision-makers better tools to analyze the actual costs of specific services and determine utilization of services when making budget decisions. There seems to have been progress in this direction. Budgets and actual costs of senior programs should be made more identifiable and accessible on a regular basis to interested parties. Status of 2005 Recommendation: The City budget is public information and available to any resident of the City. Finance Department staff',vvill assist residents seeking specific budget information. 6. To act on the recommendations of this Task Force,the City should continue to partner with appropriate bodies, some of which would not necessarily be City commissions. The Ministerial Association, Professionals in Aging,the Eden Prairie Chamber of Commerce,the three school systems serving Eden Prairie residents,the Lions International are some external groups that come to mind. Progress has been made in this area. Partnering as previously recommended should continue and even be expanded. Partnerships between the Senior Center and principal area senior residences should be promoted for the purpose of avoiding duplication in programs and services being offered. Status of 2005 Recommendation: The Parks and Recreation Department and the Supervisor of the Senior Center continue to reach out to other programs in the area in order to work- collaboratively. 23 7. The City should reconsider the layers of supervision between the Senior Center staff and the City Manager,placing more responsibility and accountability at the building level. The organizational structures remain the same. In order to better serve the growing numbers of seniors in the COMMUnity,we recommend that the Senior Center Director should report directly to the Park and Recreation Director. Status of2 005 Recommendation: The current supervisory structure within Parks and Recreation provides the Department Director with.a tiered system that allows him to focus on the big picture while Managers work, with staff on the daily tasks and details of programming. -1 C 8. Senior issue items should be included in the ten year comprehensive guide plan updates of the City. The Task Force is not clear to what extent the previous Task Force issues were included in the 1995 Ten Year Comprehensive Plan. Senior issues should be included in any ten year comprehensive plan. In light of the recent passage of the Parks and Recreation referendum the City is urged to seek and utilize input from seniors regarding plans for the $13133 million dollars of improvements to C, the parks, trails and community center. Status of 2005 Recommendation: The City Parks and Recreation Department held two meetings at the Senior Center and one meeting in the City Council Chambers in order to get feedback from citizens on plans for renovating the Community Center. All three of these meetings were advertised. Unfortunately, there was a small turnout. The City is committed to input froin residents on these kinds of projects and will continue to hold forums for citizen input. This year the City held a"town meeting"to give residents another opportunity to voice support an(1or concerns with City policies and programs. This fall the City will conduct a community survey to give residents another opportunity for feedback 9. At some point, Eden Prairie will have to decide to what extent and if it can continue to subsidize recreation and other services, including those for seniors. The Task Force is not clear as to any discussions by the City on this matter. The City should continue funding Senior programs. Status of 2005 Recommendation: The City is committed to continuing funding for senior programs. 10. With the increased senior population,there will be increased potential use of City programs for seniors, creating a need for staff and challenges on how to develop revenues to offset the increased costs. Increased Senior Center staff might include clerical support appropriate to the level of seniors being served, part time services of program supervisors for day and extended hour duty, possibly coupled with driving, custodial or evening building supervision responsibilities. An additional vehicle that can accommodate the handicapped may be needed for transporting frail elderly and adaptive recreation program users. Perhaps donating such a vehicle can be a fund-raising goal for one of the City's civic organizations. Progress continues to be made. 24 Staffing., prograrnming and equipment should be appropriate to the level of social and physical needs of seniors in the community. The existing Senior Center facility stands in need of some repairs and upkeep,and equipment occasionally leaves something to be desired. As the senior population of Eden Prairie grows. money designated for Senior Center maintenance and equipment must be increased accordingly. Status of 2005 Recommendation: In the current budget year the Senior Center is identified for the following repairs: 1) changing light fixtures and ceiling tile 2) exterior caulking around windows and doors 3)removal of retaining walls near lower level. Each budget year the Facilities Department requests funds for repairs and replacement work for all City property. This Department and the City in general is committed to maintaining the Senior Center and other space utilized by seniors. It is expected that in the future senior programming will happen in a variety of spaces including the new Community Center and in other community space such as Summit Place or The Colony. 11. At some point,the City will find itself needing to consider a hot lunch program that is offered one or several times a week. It should likely be held in one of the accessible senior residences such as Elim Shores to avoid having to duplicate kitchen facilities. Although a hot lunch program is prepared and presented by Volunteers of America, volunteers are required and the City would have the responsibility of providing a volunteer coordinator. Interest in a hot lunch program has been investigated and insufficient interest was found The City, should partner with a member of the community to consider the feasibility of hot lunches in Eden Prairie. Status of 21005 Recommendation: The need for a hot lunch program in Eden Prairie (Congregate Dining) was explored by Volunteers of America some years ago and found that the number of seniors saying they would use such a program was very small and would not justify a dining site in Eden Prairie. As the senior population grows the idea of congregate dining can again be studied Volunteers of America, which is funded through the Metropolitan Council to provide service in the metro area, always conducts a survey before locating in a community,to ensure the numbers of people utilizing the program will be sufficient to justify the cost. 12. Eden Prairie is unique among our neighbors in its designation of a building solely intended for the use of seniors. Consideration should be given to opening the building to other groups, especially late afternoon and evenings. The term "Senior Center"seems to be a deterrent to some of the younger seniors and some consideration should be given to renaming the building. This usage goal has been met. There still remains disagreement about whether the name of the building should be changed We encourage the City to continue to optimize the use of the Senior Center, while maintaining its priority for senior programming. Status of 2005 Recommendation: The current Supervisor of the Senior Center has been very successful at renting out the Senior Center for other activities when scheduling for senior programs allows. This income has helped to increase the Senior Center budget. 25 Executive Summary 2005 Senior Issues Task Force Report The 2005 Senior Issues Task Force was created by the City Council specifically to review the 1996 report of the 1995 Senior Issues Task Force with the charge, "...include an analysis on the 1996 report's recommendations and how those recommendations have been realized...". With this goal in mind,the Task Force organized itself into six sub-groups that correlated with the sections in the 1996 report. Each group reviewed the report and investigated the listed recommendations in order to report on the status of each and to make new recommendations. In doing the research for this report it became clear that in the last ten years Eden Prairie has grown, from 46,000 in 1996 to 62,246 today, and has become more diverse. The senior population of 1,293 in 1990 grew to 3,590 in 2005 and is projected to grow to at least 5,516 by the year 2015. Many factors contribute to the rate of growth of our senior population,but we can be sure that the aging of the baby boom generation will impact Eden Prairie. The Housing Sub-Committee reports that since 1996 there has been a 14.6% increase in single family homes, a 48.9% increase in duplex/condo/townhomes and a 32% increase in apartments. Housing options for seniors have expanded to include housing with services, cooperatives and board and care facilities. Continued cooperation and incentives to developers will be important to the continued growth of housing options for the growing senior population. Social service support systems have also increased. The City is commended for its support of the Senior Outreach Program, Meals on Wheels and other services that help seniors maintain dignity and independence. However,two key issues that have not been adequately addressed are information and referral services and transportation. It is crucial that information and referral services be in place to enable seniors and their families to easily access the services they need. Good programs are of little help if people don't know about them.. Transportation also remains a very difficult and serious unresolved problem for some seniors. The City's leadership is absolutely necessary for a positive resolution to these two important issues. Eden Prairie's seniors are fortunate to live in a low crime city with excellent law enforcement. The Police Department has done a good job of communicating with seniors via seminars, academies and safety presentations. At the same time, seniors are a vulnerable segment of our population for certain crimes and as their numbers grow the need for education will increase. The Park and Recreation Department provides a facility, programming and staff leadership at the Senior Center which is a focal point for many seniors in Eden Prairie. The Center hosts some seniors regularly at scheduled activities,while others use it for information/resources, and still others like the trips or the special events. It is vital that the City continue to support this facility and programs commensurate with the growth in the senior population. The Task Force realizes that many seniors would like to give back to their community as volunteers, utilizing their knowledge, skills and lifetime experiences. A system for oversight of volunteer coordination could match senior volunteers with opportunities at the City to the advantage of both. These, and all the recommendations in the full report, have one theme in common: If Eden Prairie wants to be a strong,viable, diverse, and whole community it must plan and develop itself so that it is a desirable place to live for everyone. To that end,this report intends to share with our elected officials, City Manager, City staff and the entire community our thoughts on issues that define a flourishing environment for senior citizens. The following is a list of priority recommendations that were chosen by each sub-group of the Senior Task Force, as the most important for immediate consideration. PRIORITY RECOMMENDATIONS Demographics 1. Detailed demographics should be updated eve one or two ears,with appropriate P every y adjustments to projections. 2. Increase efforts to measure the new immigrant populations with special attention to non- English speaking senior populations. Housing 1. Continue to partner with private developers and government agencies to develop affordable senior-friendly housing options, similar to the City's 1995 Housing Initiatives and Goals. Hold developers of properties used by seniors to standards which take into account the unique health, physical and safety needs of seniors. 2. Offer incentives for development of mixed use residences within walking distance of senior-friendly retail shopping. Page 2 2005 Senior Issues Task Force Report—Executive Summary Social Services and Support Systems 1. Create a Transportation Commission to review the existing problems and recommendations in this report and pursue collaboration of public,private and volunteer systems to expand services to seniors. 2. Since so many requests for information come initially to the City and Senior Center receptionists,there needs to be better training for individuals in those positions so they know where to direct callers and internet inquiries. All City media, such as the EP News's Community Guide, City publications, City website, etc. should direct citizens to trained staff at the most common entry points: Senior Center, Senior Outreach and the Eden Prairie Familink Resource Center. 3. Maintain a safety net of programs to ensure that Eden Prairie seniors, and other residents, have resources/services to assist them in times of need. Legal and Safety Issues l. Continue to maintain trained and well-equipped emergency response teams and consider establishing a permanent position of"Senior Liaison"police officer who would coordinate legal and safety seminars for seniors and information programs such as scam identification and prevention, household hazards and the File of Life program, on a more regular schedule. Employment and Leisure Opportunities 1. The City should continue to provide and maintain appropriate space to meet the current and future needs of senior programs and services and a system of volunteer coordination to facilitate matching volunteers/opportunities; coordinate efforts with Eden Prairie Volunteers, a web site developed and maintained by School District 272. 2. Establish partnerships between the Senior Center and principal senior residences for purposes of enriching programs and services, avoiding unnecessary duplication and continuing efforts to make all seniors feel included in community activities. Government Structures l. Communicate the 2005 Senior Issues Task Force Report to the City Council,Mayor, and Commissions and to appropriate supervisory/management City staff. 2. The timing of the Senior Issues 2005 report coincides with the City's need to develop a Ten Year Comprehensive Plan. Task Force members think it is important that plans and actions on their recommendations be considered for inclusion in this document. Page 3 2005 Senior Issues Task Force Report—Executive Summary It became clear that most of what was reviewed and recommended by the Task Force, if acted upon,would make Eden Prairie a great place to live for anyone no matter their age. Quality of life can mean different things to different people. Yet it is clear that issues of safety, employment, social/recreational activities, a social safety net, and mobility/independence are issues for all segments of Eden Prairie's population. It is important that citizens be heard by their elected officials. We would like to thank the City Council, Mayor and City Manager for requesting a 2005 review and update of the 1996 report and strongly urge action on the recommendations. Page 4 2005 Senior Issues Task Force Report—Executive Summary ITEM NO: VLA. AGENDA CITY COUNCIL WORKSHOP &OPEN FORUM/OPEN PODIUM TUESDAY, SEPTEMBER 5,2006 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 Recorders Lorene McWaters (Workshop)and Deb Sweeny(Open Forum) Councilmember Butcher was absent. I. STORM WATER POND AND LAKE MANAGEMENT Environmental Coordinator Leslie Stovring presented a PowerPoint overview of lake, creek, and stormwater pond management. The presentation included an update on Use Attainability Analyses(UUAs) for: • Riley Creek,Anderson Lakes, Birch Island Lake,Bryant Lake, and Nine Mile Creek within the Nine Mile Creek Watershed • Round Lake, Lake Riley, Rice March Lake and Mitchell Lake within the Riley- Purgatory-Bluff Creek Watershed Stovring briefly explained the City's policy on stormwater pond management.Public Works Director Gene Dietz provided an update on drainage issues that arose as a result of the flood events on September 4 and October 4, 2005. Joe Bischoff of Wenck Associates presented a PowerPoint overview of NPDES Phase II Stormwater Permits as they related to Eden Prairie. The program requires development of a stormwater pollution prevention program that includes six minimum measures: public outreach and education; public participation; illicit discharge detection and elimination; construction site runoff control; post-construction site runoff control; and pollution prevention. II. OPEN FORUM JOHN MALLO—VETERANS MEMORIAL John Mallo of 14000 Forest Hills Road showed a DVD that will be used to request donations toward the Veterans' Memorial. DVDs will be given to potential donors and the video will also play after"Life on the Prairie." Mallo requested adding a link to the City website and encouraged Councilmembers to take the lead with donations and networking. III. OPEN PODIUM IV. ADJOURNMENT UNAPPROVED MINUTES ITEM NO: VLB. EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 5,2006 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal,Parks&Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Economic Development Director David Lindahl,Parks Staff Stu Fox, and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added an item on the summer concert series and an item on Lake Development to Reports of Councilmembers. MOTION: Youngmoved seconded b Butcher,to approve the agenda as published as Y pp g amended. Motion carried 5-0. VI. MINUTES MO TION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 15,2006 MOTION: Aho moved, seconded by Case,to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 15,2006 MOTION: Butcher moved, seconded by Aho,to approve the City Council minutes as published. Motion carried 5-0. CITY COUNCIL MINUTES September 5,2006 Page 2 VII. CONSENT CALENDAR A. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT FOR LOTS 1 THROUGH 8,BLOCK 1, LOTS 1 THROUGH 4,BLOCK 2; LOTS 1 THROUGH 3,BLOCK 3; LOTS 1 THROUGH 4,BLOCK 4; AND OUTLOT B, COUNTRY GLEN B. APPROVE AGREEMENT WITH HENNEPIN COUNTY FOR INTERSECTION IMPROVEMENTS AT CRESTWOOD TERRACE & PIONEER TRAIL,I.C. 06-5684 C. ADOPT RESOLUTION NO. 2006-105 APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR THE LONE OAK CENTER TRAFFIC SIGNAL,I.C. 06-5675 D. APPROVE BID FROM ODESSA II FOR CONSTRUCTION OF EDENBROOK NATURE TRAIL AND BOARDWALK PROJECT E. AUTHORIZE SUBMISSION OF PERMIT APPLICATION FOR 2006-2007 WINTER SEASON USE OF THE LRT TRAIL F. AWARD BID FOR CARMEL PARK TENNIS COURT RESURFACING TO DERMCO-LAVINE CONSTRUCTION G. DUNN BROS. SUBLEASE/SMITH DOUGLAS MORE PROPERTY— 8107 EDEN PRAIRIE ROAD Young pulled item G for discussion questioning the renegotiation of the lease, as he thought its terms were conditional to the original agreement. Lindahl said the intent was to keep the same lease conditions, but Dunn Bros might want to negotiate the terms. Young asked if Dunn Bros had informed the City of such intent, and Lindahl said no. MOTION: Case moved, seconded by Young,to approve Items A-G on the Consent Calendar. Motion carried 5-0. VHI. PUBLIC HEARINGS/MEETINGS A. JOINT HRA& CITY COUNCIL PUBLIC HEARING ON ESTABLISHMENT OF TIF REDEVLOPMENT DISTRICT—SUPERIOR OFFICE CENTER PROJECT(FORMER PHYSICAL ELECTRONICS) (Resolution No.2006-106) Neal explained the purpose of establishing a Redevelopment District is to help defray costs associated with the redevelopment of the former Physical Electronics site in the Golden Triangle Area. If the TIF Plan were approved, a total of $728,204 in pay-as-you-go TIF would be provided to United Properties over a CITY COUNCIL MINUTES September 5,2006 Page 3 fifteen-year term. The TIF Plan calls for a fifteen-year Pay-As-You-Go Redevelopment District with up to 80%of the increment provided or no more than$728,204 to offset qualified costs(demolition)and the balance(about $400,000)to be pooled by the City to help pay for future transportation improvements in the Golden Triangle. Rosow said changes to the agreement had clarified the City's expectations should the property be sold. Developers in the market have used management transfers to avoid triggering a real estate sale. In this agreement, such a transfer would trigger repayment of TIF. The only allowable transfer would be to an affiliate, as defined as an entity at least 80%owned by the developer. Selling to employees would also be restricted under the terms of the agreement unless the developer were to get City consent. The developer asked for language indicating consent for sale would not be "unreasonably withheld"but the City did not grant this request as it creates legal difficulties. Whenever TIF is used,the expectation is that TIF assistance is needed for the project to go forward. Butcher asked Rosow to explain the pay-as-you-go aspect for the education of residents. Rosow explained properties generate additional taxes once developed, and TIF helps this development occur in cases where it would not be feasible"but for"TIF(the"but for"test). On a pay-as-you go plan,the City pays up to 80%of the TIF. If the project should depreciate,the City only pays the 80%,reducing risk should the property valuation change. The funds are drawn from the property in question, not the general tax rolls. Butcher noted the Eden Prairie Center mall development was an example of successful use of TIF. MOTION: Case moved, seconded by Young,to close the City Council Public Hearing and adopt Resolution No. 2006-106 relating to Redevelopment Project Area No. 6 and Tax Increment Financing(Redevelopment)District No.20; and approving a Project Plan and Tax Increment Financing Plan therefore. Motion carried 5-0. B. SUPERIOR OFFICE CENTER by United Properties.Request for: Guide Plan Change from Industrial to Office on 10.36 acres, Planned Unit Development Concept Review on 10.36 acres,Planned Unit District Review with waivers on 10.36 acres, Zoning District Change from 1-2 to Office on 10.36 acres, Site Plan Review on 10.36 acres and Preliminary Plat of 10.36 acres into one lot. Location: 6509 Flying Cloud Drive. (Resolution No.2006-107 for Guide Plan Change; Resolution No.2006-108 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution No.2006-109 for Preliminary Plat) Neal noted this is the property for which TIF was just approved. The Planning Commission voted 5-2 to recommend approval of the project at the July 24, 2006 meeting with a condition that the plans use more rainwater gardens-infiltration basins. The Commissioners voting against the project indicated the architecture CITY COUNCIL MINUTES September 5,2006 Page 4 should be more detailed and that industrial should be retained as a land use to help balance traffic. Jeremiah said the developer had agreed to incorporate rainwater gardens, which are on the revised plans. The developer also refined the architecture to add dimension, including windows, columns, and brick trim around the windows. Aho asked about traffic impacts versus industrial use. Jeremiah said City traffic engineers found there would actually be reduced traffic versus the original industrial use because the building is smaller, so no detailed traffic study was done. MOTION: Butcher moved, seconded by Aho,to close the Public Hearing; adopt Resolution No. 2006-107 for Guide Plan Change from Industrial to Office on 10.36 acres; adopt Resolution No. 2006-108 for Planned Unit Development Concept Review on 10.36 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from 1-2 to Office on 10.36 acres; adopt Resolution No. 2006-109 for Preliminary Plat on 10.36 acres into one lot; direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions; and approve and Authorize Issuance of a Grading Permit for Superior Office, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated September 5, as approved by the City Council. Motion carried 5-0. Case inquired how this development would effect ongoing evaluation of the City's storm water runoff—would the City receive allowances in the evaluation model for capturing water in NURP ponds and rainwater gardens, or would the City be penalized for having more impervious surface? Dietz said the project would result in a net gain. The model is being examined for accuracy, as the impacts on storm water runoff are not always intuitive. For example, in the case of phosphorus, a cornfield may have more impact on water quality than a development. C. MITCHELL CROSSING by Henry Lazniarz. Request for: Planned Unit Development Concept Review on 3.098 acres, Planned Unit Development District Review with waivers on 3.098 acres,Zoning District Amendment within the Community Commercial Zoning District on 3.098 acres, Site Plan Review on 3.098 acres and Preliminary Plat of 3.098 acres into one lot and one outlot.Location: Highway 5 and Mitchell Road. (Resolution No.2006-110 for PUD Concept Review,Ordinance for PUD District Review and Zoning District Amendment, Resolution No. 2006-111 for Preliminary Plat) Neal said the proposed plan includes two buildings. Building one is four stories with 7,000 square feet of retail on the first floor and 27 units above.Building 2 is four stories and 32 units. The project requires waivers for floor area ratio from .40 to .58, front yard parking setback along Mitchell Road from 35 feet to 10 feet, front yard structure setback from 35 feet to 17.5 feet along Cochran Road, and building height from 40 feet to 56 feet. Twenty-seven of the proposed units will be affordable units CITY COUNCIL MINUTES September 5,2006 Page 5 The planning Commission voted 7-0 to recommend approval of the project at the August 14, 2006 meeting. Tyra-Lukens asked about the proposed sign on top of the building. Jeremiah said the sign required a variance and was not approved. Case asked if the affordable units were subsidized. Jeremiah said they are one-bedroom units and qualify as affordable without any subsidy or incentive. The City will still get credit for them as affordable units. Tyra-Lukens asked the price range of the other units and Jeremiah said $250,000 to $300,000. MOTION: Case moved, seconded by Young,to close the Public Hearing; adopt Resolution No. 2006-110 for Planned Unit Development Concept Review on 3.098 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Community Commercial Zoning District on 3.098 acres; adopt Resolution No. 2006-111 for Preliminary Plat on 3.098 acres into 1 lot and 1 outlot; direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and Approve and Authorize Issuance of a Grading Permit for Mitchell Crossing, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated September 5, 2006, as approved by the City Council. Motion carried 5-0. D. McDONALDS RESTAURANT by Wilkus Architects. Request for: Planned Unit Development Concept Review on 1.07 acres,Planned Unit Development District Review with waivers on 1.07 acres,Zoning District Amendment in the C- Regional Service zoning district on-1.07 acres, Site Plan Review on 1.07 acres. Location: 598 Prairie Center Drive. (Resolution No.2006-112 for PUD Concept Review,Ordinance for PUD District Review) Neal noted McDonalds wants to change its exterior and build new signs. Some waivers were granted for signs. The Planning Commission voted 7-0 to recommend approval of the project at the August 14, 2006 meeting. Tyra-Lukens said the project carries the theme established by the bus station and the mall and should fit in well. She asked for clarification on the sign waivers. Jeremiah explained that while one sign is larger than allowed,the total sign area is much less than the limit. Butcher asked if the "arch" counts as a sign. Jeremiah said signs compromise the area around the letters. MOTION: Aho moved, seconded by Butcher,to close the Public Hearing; adopt Resolution No. 2006-112 for Planned Unit Development Concept Review on 1.07 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning Amendment in the Commercial Regional Service Zoning District on 1.07 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES September 5,2006 Page 6 IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case,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." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS A. 16850 DUCK LAKE TRAIL APPEAL Neal said this item was continued from the last meeting. Staff recommended a correction of a tall grass violation,which the property owner appealed. In response, Staff met with Council members on the site and has prepared a recommendation. Fox noted the tall grass ordinance is enforced on a complaint basis, and there have been several complaints about this property and several visits by Staff. The area was viewed as a native plant landscaping area under City ordinance,which requires a 20-foot buffer from the right-of-way. A July 24t' notice indicated which areas to mow and included a directive to remove noxious weeds. Tyra-Lukens noted the property owner was not present though he was aware of the hearing. Rosow said the Council could choose to uphold Staff, reverse their decision, or adjourn the hearing until a later date if the hearing is determined to be more complicated than time allows. Tyra-Lukens said her impression was of an attempt to create an attractive prairie landscape that had gotten out of control. Neighbors drove by during her visits and commented both in favor and against the planting. Butcher said safety is an issue as the plantings obscure sightlines for bikers and walkers. There are nice flowers in the plantings but also weeds. Case favored upholding the ruling but advocated evolving the tall ass ordinance over p g g g �' time as new community consensus emerges as to what is acceptable. If this basic native prairie concept were used without the thistles,without the lilac bush that obscures sightlines, and with some kind of border, it might have been acceptable to the community. He suggested having City Staff work with the property owners to create something more acceptable next summer, and having the Conservation Commission look at the tall grass ordinance. Neal said Staff had noted Council concerns about the lilac bush and would take action as a separate matter. Young asked for clarification of the property owner's statement this was an award-winning garden. Butcher said the award was for last year and included the back yard. Case suggested empowering Staff to mow but suggested they might still be able to negotiate with the property owner with Council's support behind them. Because this is a corner lot, a great deal of the area is affected by the ordinance. Neal requested a short negotiation period, as negotiations with the property owner have already been extensive. CITY COUNCIL MINUTES September 5,2006 Page 7 MOTION: Case moved, seconded by Butcher,to deny the appeal and uphold Staff s decision to mow the tall grass as 16850 Duck Lake Trail and to remove noxious weeds, subject to further negotiation with the property owner not to exceed 30 days. Motion carried 5-0. XII. REPORTS OF ADVISORY BOARDS& COMMISSIONS A. MEETING SCHEDULE FOR FLYING CLOUD AIRPORT ADVISORY COMMISSION Neal explained the Commission was established with a quarterly meeting schedule. However,the Commission finds that too much time is needed to review items because of the gap between meetings. The Commission Chair and Staff liaison to the Commission request Council change the schedule to bimonthly (every two months).Neal supported the request. MOTION: Butcher moved, seconded by Aho,to establish a bi-monthly [every two months] meeting schedule for the Flying Cloud Airport Advisory Commission beginning in November 2006. Motion carried 5-0. XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Summer Parks Concert Series Tyra-Lukens commended the City's two summer parks concert series. Over 4,500 people attended concerts at Staring Lake (including 3,000 for the Eden Prairie Players presentation of Oliver!). About 492 people attended the eight concerts of the Purgatory Creek eight-concert series, which is a significant increase from the initial launch of the series last year. 2. Lakeside Development Tyra-Lukens asked Staff to explain the status of the Lakeside Development project in Chanhassen,which abuts Bearpath. Citizens are confused about the City's power to act and how the City will monitor any encroachment. Neal said he had been in contact with the Chanhassen city manager and been told there was no final action on the proposal. Lambert said Parks Staff would be walking the proposed trail alignment and establishing clear property stakes every 50 to 100 yards to discourage encroachment and make violations easy to spot. The trail alignment should only require the cutting of two small pine trees and some trimming. CITY COUNCIL MINUTES September 5,2006 Page 8 Staff will inspect during trail construction and stake the center line of the trail. Tyra-Lukens asked if Eden Prairie would be notified of any action on the proposal by Chanhassen. Neal said their City Manager would update him. Case noted the project actually has been approved contingent that all earth removal and grading be done within Chanhassen city boundaries. B. REPORT OF CITY MANAGER 1. Certification of Proposed Tax Levy(Resolution No.2006-113) Neal noted statute requires the City to certify the maximum tax levy and set a date for a Truth-in-Taxation hearing on a specific annual timetable. This requirement remains even when the City is using a biennial budgeting process. As noted in the June 2V'Council Workshop,the approved 2007 budget contains a 6.2%increase in the general fund and a 7.6%increase in the tax levy. The tax impact on a median home ($362,000)would be a 3.29%increase. Today's action sets a maximum tax levy,which can still be adjusted downward at the Truth in Taxation hearing. Kotchevar noted some minor changes. The general fund budget would increase 5.7%. The debt levy would increase 14.5%due to investments in the new fire station,new fire trucks and transportation. The rest of the budget is about the same. There was a very small change in the tax impact since the June 20''meeting after the city assessor's update. The median home would see an increase of 3.29%, or$34. MOTION: Young moved, seconded by Case,to adopt Resolution No. 2006-113 that certifies the proposed 2007 property tax levy to be $31,086,333; sets the"Truth-in-Taxation"public hearing for Monday, December 4, 2006 and, if necessary,to reconvene the public hearing on Tuesday, December 11, 2006; accepts the proposed 2006 budget of $39,061,316; and consents and approves the HRA tax levy of$200,000. Motion carried 5-0. Council agreed to reschedule the Tuesday, December 5 Council meeting to Monday, December 4 so that both meetings could be held the same evening. 2. Establishment of the City Manager's Business Advisory Committee Neal said he was proposing to implement an idea for a City Manager's Business Advisory Committee, first presented at his June performance review. The concept is to incorporate the expertise of Eden Prairie's business sector. Neal said he had not been able to find successful models CITY COUNCIL MINUTES September 5,2006 Page 9 for such a committee in other cities,but had examined a similar business advisory team convened by Eden Prairie Schools Superintendent Melissa Krull. Young said he recalled the discussion but had been hoping for more detail on how Krull's team was structured,the issues discussed and whether the team's recommendations were implemented to help judge the success of the effort. Tyra-Lukens asked if Neal could provide a job description of Krull's team and further details. Neal said Krull did not have formal job descriptions for the group. It has been in place for about a year and met about three times. Topics have included policies for student internships as well as input on the school's new investment policy and the advisability of drawing down the balance. Krull considered the group's advice valuable in determining what to recommend to the school board. Young said more information is still needed about the steps and specifics. The Council appears to be out of the loop under this model and it is hard to determine how formal the group would be. Neal said he would have a more formal group than Krull had and noted Krull also planned to add more structure next year. . Aho said his original vision was for a budget task force that would operate for a limited time frame and report to the Council. The Council should have a role in selecting members. Neal said he would welcome Council assistance in recruiting and suggesting potential members of the committee. Butcher favored establishing the group—the City has had similar groups before, and it is a good use of"community capital." The business community is quite willing to share its expertise. Butcher said she trusted Neal to make the appointments. Case said there could be several roles for such a group. Krull's group seems to give her personal feedback and educates community members. An advisory committee that served a formal role as a check and balance in the budgeting process,however,would be usurping Council's job to scrutinize the City budget and operations. Case supported having Neal develop the group and charge it to examine a few select issues. The effort could be formalized if it is useful. Young said he was less concerned with committee selection than with Council's lack of involvement in directing the committee's work. Neal said he wished he could find a successful city-based model to replicate. Some cities have had budget task forces that have ended up functioning as proxy City Councils and created dissent with the main Council.Butcher said the main concern seemed to be having a stronger Council role,which CITY COUNCIL MINUTES September 5,2006 Page 10 could be included in the proposal. Neal noted he works for the Council and would not ignore Council's advice on what issues to study. Tyra-Lukens said Council should approve the committee and get started rather than over-engineering it. She supported an advisory committee rather than a task force, with a big pool of members who could be called upon for different tasks. Butcher said using this expertise would build goodwill and make connections. MOTION: Butcher moved,seconded by Aho,to approve the establishment of the City Manager's Business Advisory Committee. Young expressed concern Council has no role. Neal said the committee would be charged to assist him with examining the operations of the City, which is his responsibility. He would seek Council's advice on recruitment and scope of work and share work products with the Council. Tyra-Lukens said Council should not select committee members to avoid becoming mired in a political process that would be detrimental to the Council. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Birch Island Park Plan Lambert noted Birch Island is one of Eden Prairie's oldest parks,and one of the least developed. Council recently approved a trail plan providing safe pedestrian and bike access to the park,which was one perennial concern of neighbors. After neighborhood meetings and public hearings, there is clear neighborhood consensus that the vehicle entry also needs to be relocated for safety, and that most of the park should be kept natural. The current plan calls for relocating the entrance farther south,which will require 12-14 feet of fill, paving the lot, and adding a small playground with sun shelter. Doing the project at the same time as Round Lake Park will permit fill from Round Lake to be used for the entrance ramp, saving costs for both projects. Resident Grayson Tuck of 6317 Creekview Lane opposed development in the park, citing its natural beauty. Lambert said this is minimal development. The playground will be very small, like those in the miniparks,with a 10 by 20-foot shelter and a paved drive and lot. Lambert said the City tries to serve all residences with a playground within Yz mile, but that is not true for this neighborhood at present. Young families will appreciate the playground. There could be some additional impacts—a NURP pond is planned to the south, and there are only 17 acres in the park CITY COUNCIL MINUTES September 5,2006 Page 11 that are not floodplain. However,the development will not touch any archaeological sites and will leave most of the park unchanged. Butcher asked if the Parks Commission had reviewed the plan. Lambert said they approved the plan 7-0. Several residents attended the hearing,mostly to discuss safe access. Case said he agreed with Tuck on keeping the area natural and simple but noted all residents have a right to benefit from parks. MOTION: Case moved, seconded by Butcher,to approve the revised concept plan for Birch Island Park dated August 7, 2006. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:47 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V 1 (- 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. New Liquor License Licensee name: LFT Club Operations Company, Inc. DBA: Life Time Fitness Address: 755 Prairie Center Drive Amendment to Liquor License 2AM Closing Permit Licensee name: LFT Club Operations Company, Inc. DBA: Life Time Fitness Address: 755 Prairie Center Drive Temporary Liquor Organization: Rotary Club of Eden Prairie Event: Wine Tasting Date: October 7, 2006 Place: Life Time Fitness Athletic Center - 1 - CITY COUNCIL AGENDA DATE: September 19 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Kluge Residence Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to R1-22 on 1.98 acres; and • Approve the Development Agreement for Kluge Residence; and • Approve and Authorize Issuance of a Grading Permit for Kluge Residence, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated June 16, 2006, as approved by the City Council. Synopsis This is final approval for one lot in order to build a single family home on 1.98 acres. The 120-Day Review Period Expires on September 27, 2006 Attachments 1. Ordinance for Zoning District Change 2. Summary Ordinance 3. Development Agreement KLUGE RESIDENCE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.22-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-22 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-22 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 September 19, 2006, entered into between Richard K. and Kelsey J.Kluge, 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 15th day of August, 2006, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 19th day of September, 2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on KLUGE RESIDENCE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.22-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of land located at7260 Willow Creek Road, from Rural to R1-22 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 KLUGE RESIDENCE THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of September 19, 2006, by Richard K. and Kelsy J. Kluge, 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 Zoning District Change from Rural to R1-22 Zoning District on 1.98 acres, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City Ordinance No. for Zoning District Change from Rural to R1-22 on 1.98 acres, 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 16, 2006, reviewed and approved by the City Council on August 15, 2006, (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 STORMWATER POLLUTION PREVENTION 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 Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 6. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 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. 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. 8. TREE LOSS - TREE REPLACEMENT: There are 242 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 40 diameter inches. Tree replacement required is 9 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 9 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. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By By Richard K. Kluge Nancy Tyra-Lukens Its Mayor By By Kelsy J.Kluge Scott H.Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 19th day of September, 2006, 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 , 2006, by Richard K. and Kelsy J. Kluge,husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—KLUGE RESIDENCE Legal Description: That part of the Southwest Quarter of the Northwest Quarter of Section 12, Township 1.16, Range 22, described as follows: Beginning at a point in the Westerly line of the right of way of U.S. Trunk Highway No. 169, distance 412.88 feet Southerly measured along the Westerly right of line of said highway from its intersection with the North line of the Southwest Quarter of the Northwest Quarter of said Section 12;thence Northeasterly along the Westerly line of said right of way of U.S. Trunk Highway No. 169 a distance of 352.03 feet;thence Southwesterly deflecting to the left at an angle of 107 degrees 22 minutes to the left from the last described course, a distance of 58.8 feet;thence Southwesterly on a tangential curve to the left with a radius of 370.2 feet, a distance of 195.3 feet;thence Southwesterly on a line tangent to last described curve a distance of 90.7 feet;thence Southwesterly on a tangential curve to the right with a radius of 439 feet, a distance of 52 feet to an intersection with a line drawn parallel with and 90.18 feet East of,measured at a right angle to the West line of the Southwest Quarter of the Northwest Quarter of said Section 12;thence South parallel with said West line 142.5 feet to a point bearing South 79 degrees 55 minutes East from a point in the West line of said Southwest Quarter of the Northwest Quarter distant 364.4 feet South of the Northwest corner of said tract; thence South 79 degrees 55 minutes East 285.5 feet to the point of beginning, according the United States Government Survey thereof and situate in Hennepin County,Minnesota. (All bearing in the foregoing description are based on the West line of said Quarter Sec.) Being registered land as is evidenced by Certificate of Title No. 1169738. Torrens Property Known as 7260 Willow Creek Road, Eden Prairie, Minnesota. EXHIBIT B Site Plan dated 06/12/06 by Advance Surveying and Engineering Company EXHIBIT C DEVELOPMENT AGREEMENT —KLUGE ADDITION L 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. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or 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. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. IV. 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 Communication Ordinance (80-33) of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,Minneapolis, Minnesota 55411. XII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIII Prior to building permit issuance, 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. XIV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XV. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVI. No failure of the Cityto comply with an term condition covenant or agreement herein P Y Y g shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading"Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top of the post. X VIII. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XIX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer 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. XX. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. CITY COUNCIL AGENDA DATE: 09/19/06 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Southwest Metro Transit Bus Janet Jeremiah Garage Addition Scott Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment within the I-2 Zoning District on 10.1 acres; and • Adopt the Resolution for site Plan Review on 10.1 acres; and • Approve the Development Agreement for Southwest Metro Transit Bus Garage Addition; and • Approve and Authorize Issuance of a Grading Permit for Southwest Metro Transit Bus Garage Addition, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated August 7, 2006, as approved by the City Council. Synopsis This is for a 14,500 square foot addition to the Southwest Metro Transit bus garage. The 120-Day Review Period Expires on October 1, 2006. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.23-2006-PUD-15-2006 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-2 Zoning District 23-2006-PUD-15-2006 (hereinafter "PUD-15-2006-I-2). Section 3. The City Council hereby makes the following findings: A. PUD-15-2006-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-15-2006-I-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-15-2006-I-2 are justified by the design of the development described therein. D. PUD-15-2006-I-2 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 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of September 19, 2006, entered into between Southwest Metro Transit Commission, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-15-2006- I-2,_and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the I-2 District and shall be included hereafter in the Planned Unit Development 15-2006-I-2,and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15t'day of August, 2006, 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 19t'day of September, 2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Ordinance - Southwest Metro Transit Bus Garage Addition Legal Description: Lot 1,Block 1,Reuter Addition,Hennepin County,MN. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.23-2006-PUD-15-2006 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 14405 62nd Street West within the I-2 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen 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.) SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION BY SOUTHWEST METRO TRANIST COMMISSION WHEREAS, Southwest Metro Transit Commission,has applied for Site Plan approval of Southwest Metro Transit Bus Garage Addition to construct a 14,500 square foot addition to the Southwest Metro Transit bus garage,by an Ordinance approved by the City Council on September 19, 2006; and WHEREAS,the Planning Commission reviewed said application at a public hearing at its June 12, 2006 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its September 19, 2006 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Southwest Metro Transit Bus Garage based on the Development Agreement between Southwest Metro Transit Commission and the City of Eden Prairie, reviewed and approved by the City Council on September 19, 2006. ADOPTED by the City Council of the City of Eden Prairie this 19t'day of September, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT Southwest Metro Transit Bus Garage Addition THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of September 19, 2006, by Southwest Metro Transit Commission, a joint powers entity formed by the Cities of Chanhassen, Chaska and Eden Prairie, hereinafter referred to as 'Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 10.1 acres, Planned Unit Development District Review with waivers and Zoning District Amendment within the I-2 Zoning District on 10.1 acres,and Site Plan Review on 10.1 acres,legally described on Exhibit A(the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the 1-2 Zoning District on 10.1 acres,and Resolution No. for Site Plan Review,Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated August 7,2006,reviewed and approved by the City Council on August 15, 2006, (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 Property 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. EXTERIOR MATERIALS: Prior to the issuance of the first building permit for any portion of the Property, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING DRAINAGE AND STORMWATER POLLUTION PREVENTION 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 Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 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. 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. Within six calendar months from the issuance of any occupancy for the Property,but no later than September 30,2007,Developer shall complete implementation of the approved plan in accordance with the terms and conditions of Exhibit C. 9. LANDSCAPE PLAN: Prior to the issuance of the first building permit for any portion of the Property,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 91 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Within six calendar months from the issuance of any occupancy for the Property,but no later than September 30, 2007, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation of the approved plan in accordance with the terms and conditions of Exhibit C,attached hereto,prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the I-2 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. Impervious surface of 42.2%in a shoreland area. Code maximum is 30%. B. Extensive vegetative clearing within a shore impact zone. Selective vegetative clearing is permitted. 12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 13. TREE LOSS-TREE REPLACEMENT: There are 1,707 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 518 diameter inches. Tree replacement required is 207 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 207 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. Within six calendar months from the issuance of any occupancy for the Property,but no later than September 30, 2007, Developer shall complete implementation of the approved tree replacement plan in accordance with the terms and conditions of Exhibit C. 14. UTILITY EASEMENTS: Prior to the relocation of the public water main within the Property, Developer shall convey to the City a 20 foot wide public drainage and utility easement centered on the relocated water main as indicated on the Plans. 15. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of water main within the Property,Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for public water main.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 in conformance to approved plans and specifications and provide record drawings. 16. VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENT: Prior to issuance of the first building permit, the existing drainage and utility easement over the portion of water main that is to be relocated must be vacated. 17. WETLAND PLAN: Prior to the issuance of the first building permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report")in accordance with the Wetland Plan and City Code requirements prior to release of the final plat for any portion of the Property. If the Buffer Report identifies any unacceptable vegetation or other conditions,the wetland buffer strip shall be graded,treated,reseeded and/or replanted(thereon known as"Landscaping", or "Landscaped") by the Developer within 90 days of submission of the Buffer Report. If Landscaping of the wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager,stating that the wetland buffer strip vegetation complies with all City requirements within 30 days of completion ofthe Landscaping of the wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to the issuance of the first building permit for any portion of the Property, Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report(Annual Buffer Report)that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Prior to the issuance of the first building permit for the Property,Developer shall submit a Conservation Easement attached as Exhibit D,for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. D. Wetland Buffer Strip Monuments: Prior to the issuance of the first building permit for any portion of the Property Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch (4"x 4") that states "Wetland Buffer: No Mowing Allowed". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Prior to the issuance of the first building permit for any portion of the Property, Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond,cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the "Security") equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Southwest Metro Transit Commission, a joint powers entity formed by the Cities of Chanhassen, Chaska and Eden Prairie By By Nancy Tyra-Lukens Its 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 92006, 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 ,2006,by ,the ,of Southwest Metro Transit Commission, a joint powers entity formed by the Cities of Chanhassen, Chaska and Eden Prairie. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT— SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION Legal Description Lot 1, Block 1, Reuter Addition, Hennepin County, MN EXHIBIT B DEVELOPMENT AGREEMENT— SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION PLANS LIST OF MATERIALS 1. Cover dated 08-11-06 by LSA Design 2. Code Diagram& Summary dated 08-11-06 by LSA Design 3. Boundary, Location, Topographic and Utility Survey dated 04-25-06 by Sunde Land Surveying LLC 4. Civil Abbreviations,Legends,and USGS Quad Map dated 08-11-06 by LSA Design 5. Erosion Control&Demolition Plan dated 08-11-06 by LSA Design 6. Site Layout& Surfacing Plan dated 08-11-06 by LSA Design 7. Site Grading Plan dated 08-11-06 by LSA Design 8. Site Utility Plan dated 08-11-06 by LSA Design 9. Storm Water Pollution Prevention Plan dated 08-11-06 by LSA Design 10. Sections&Details dated 08-11-06 by LSA Design 11. Floor Plan, Reflected Ceiling Plan&Roof Plan dated 08-11-06 by LSA Design 12. Exterior Elevations dated 08-11-06 by LSA Design 13. Tree Replacement and Landscape Plan dated 08-16-06 by LSA Design EXHIBIT C DEVELOPMENT AGREEMENT— SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. This item does not apply. 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. 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. I I5B.01,et. seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,ofthe City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any,as determined by electrical power provider),engineering review,and street signs.This item does not apply. 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 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. 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 ofthis Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration ofthe Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security,the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXL 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— SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this_day of , 2006 by and between Southwest Metro Transit Commission, a joint powers entity formed by the Cities of Chanhassen, Chaska and Eden Prairie,hereinafter referred to as"Grantor,"and the CITY OF EDEN PRAIRIE,a Minnesota municipal corporation,hereinafter referred to as "City'; WHEREAS Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the "Easement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building,road, sign,billboard,utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement,and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may,no more than once per calendar ,remove sediment caused Y� p by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used,employed,deposited, stored,disposed of,placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to,those defined in or pursuant to 42 U.S.C.§9601,et.seq.,or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use,employ,deposit,store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties,their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement.Area. 7. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor,their successors and assigns of the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H.Neal Its City Manager STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, 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 ,2006, by ,the Executive Director of Southwest Metro Transit Commission,a joint powers entity formed by the Cities of Chanhassen, Chaska and Eden Prairie. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A "THE PROPERTY" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT B "EASEMENT AREA" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT C "EASEMENT AREA" DIAGRAM CITY COUNCIL AGENDA DATE: September 19, 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILD. Community Woodland 2nd Addition Development/Planning Janet Jeremiah Regina Herron Requested Action Move to: • Approve the Development Agreement for Woodland 2na Addition. Synopsis This is final approval for one lot in order to build a single family home on .64 acres. The 120-Day Review Period Expires on September 20, 2006 Attachments 1. Development Agreement DEVELOPMENT AGREEMENT WOODLAND 2ND ADDITION THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of September 19, 2006, by Thomas S. Robertson, an individual, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Preliminary Plat of.64 acres into one lot, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City Resolution No. for Preliminary Plat, Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated July 18, 2006, reviewed and approved by the City Council on August 1, 2006, (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. CONNECTION FEES: Prior to building permit issuance for any portion of the Property, Developer shall pay a Connection Fee for watermain pursuant to City Code Section 3.07 in an amount equal to the then current rate not to exceed$9,000.00. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION 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 Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and S WPPP. B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 8. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property, a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls,type, height, and type of details. D. Location of sewer,water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walk out levels that meet natural grade. 9. 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 D, shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 0.64 acres in the amount of$3,814.40. 10. TREE LOSS - TREE REPLACEMENT: There are 326 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 24 diameter inches. Tree replacement required is 2 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 2 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. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By By Thomas S.Robertson Nancy Tyra-Lukens Its Mayor By_ Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 19th day of September, 2006, 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 , 2006, by Thomas S.Robertson an individual. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT —WOODLAND 2N' ADDITION Legal Description Before Final Plat OUTLOT A, Woodland Addition,Hennepin County,Minnesota, subject to easements of record. Legal Description After Final Plat Lot 1, Block 1, Woodland 2nd Addition EXHIBIT B Preliminary Plat by HTPO. EXHIBIT C DEVELOPMENT AGREEMENT-WOODLAND 2ND ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. IV. 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 Communication Ordinance (80-33) of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,Minneapolis,Minnesota 55411. XII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIII Prior to building permit issuance, 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. XIV. Prior to building permit issuance, provide two copies of an approved survey or site plan (V = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XV. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVI. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading"Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top of the post. XVIII. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XIX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the"Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer 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. XX. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT—WOODLAND 2ND ADDITION AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 2006, between the City of Eden Prairie, a municipal corporation, (the "City") and Thomas S. and Lucy C. Robertson, husband and wife(the "Owner"). A. The Owner holds legal and equitable title to property described Lot 1, Block 1, Woodland 2°d Addition, 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. Furthermore, City Code Section 3.07 allows the levying of a "Connection Fee" for connecting to a lateral sanitary sewer and watermain and upon application by the owner waiving his/her right to notice, hearing and appeal. In this instance, the sanitary sewer portion is being waived as the only service extension service required is the watermain (which is hereafter referred to as the"Connection Fee".) D. 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: I. The Owner consents to the levying of assessments against the Property in the amount of$3,814.40 for the Improvements. 2. The Owner consents to the levying of assessments for the connection fee against the Property in an amount equal to the then current rate at the time of building permit issuance, not to exceed$9,000.00. 3. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 4. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 5. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 6. This agreement shall be effective immediately. 7. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 and 2 hereof such a writing is not required and the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. OWNER CITY OF EDEN PRAHUE By: NOT TO BE SIGNED By: NOT TO BE SIGNED Thomas S.Robertson Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED By: NOT TO BE SIGNED Lucy C.Robertson Scott H.Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2006,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 , 2006,by Thomas S. and Lucy C.Robertson,husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.E. Jim Richardson Adopt Resolution Declaring Costs to be Public Works/Engineering Assessed and Ordering Preparation of Special Assessment Roll and Setting Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed and ordering preparation of special assessment hearing rolls and setting hearing date. Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments • Resolution • Exhibit A-2006 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2006 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property,are established as shown on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection.. 3. A hearing shall be held on the 17th day of October, 2006 in the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. She shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 19,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk EXHIBIT A 2006 SPECIAL ASSESSMENTS September 19,2006 PROJECTS Total Cost City Funds Amt to be Assessed Supplementals Trunk Sewer and Water $110,011.81 $0 $110,011.81 I.C.98-5474 Trunk Utilities-Crestwood Terrace $520.00 $0 $520.00 I.C. 98-5474 Lateral Utilities—Crestwood Terrace $9,832.00 $0 $9,832.00 I.C. 52-123 Trunk Storm Sewer $597.98 $0 $597.98 I.C. 52-123 Lateral Strom Sewer $3,331.99 $0 $3,331.99 Connection Fees $117,449.68 $0 $117,449.68 MCES Metro SAC/WAC $8,520.00 $0 $8,520.00 Tall Grass Cutting&Tree Removal $8,000.00 $0 $8,000.00 TOTALI $258,263.46 $0 $258,263.46 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILF. Public Works/Engineering Approve Encroachment Agreements Mary Krause with Magellan Pipeline Company, L.P. Requested Action Move to: Approve Encroachment Agreement with Magellan Pipeline Company Synopsis The Hilltop Road Street Improvement requires an Agreement with Magellan Pipeline Company to construct a storm sewer crossing an existing pipeline owned by Magellan on property between Hilltop Road and Riley Creek. Attachments • Encroachment Agreement (Drafted by&when Sled return to:Magellan Pipeline Company,L.P.,P.O.Box 22186,MD 27-2(S.Guthrie),Tulsa,Oklahoma 74121-2186, 918/574-7350.) ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made and entered into by and between Magellan Pipeline Company, L.P., a Delaware limited partnership, whose address is P.O. Box 22186, Tulsa, Oklahoma, 74121-2186, (hereinafter called "Magellan"), and City of Eden Prairie, a municipal corporation,whose mailing address is 8080 Mitchell Road,Eden Prairie,MN 55344, its successors, assigns and grantees(hereinafter called"City"). WITNESSETH: WHEREAS, City represents and warrants that City owns the right to construct a storm sewer line on all the certain land(hereinafter"Subject Land"), described on attached Exhibit "A" and made a part hereof; and WHEREAS, Magellan is the owner of certain pipelines, pipeline facilities and appurtenances (hereinafter referred to as the "Magellan Facilities") and easement rights therefor, (hereinafter referred to as the "Easement", whether or not rights were granted in one or more documents or acquired by operation of law). For purposes of this Agreement only, "Magellan's Easement Tract" shall be considered to be any area within Fifty (50) feet of any Magellan Facilities, unless a different right of way tract width is specifically described in the Easement, in which case such specified width shall define Magellan's Easement Tract. The land referenced in the Easement includes a portion of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE'/4) of Section 20, Township 116 North, Range 22 West, Hennepin County, Minnesota, pursuant to those certain instruments recorded in the records of said county and state and described as follows: Right of Way Agreement as to a pipe line or pipe lines dated May 7, 1956, from Joseph A. Shidla, et. al., in favor of Great Lakes Pipe Line Company (Magellan's predecessor in title), its successors and assigns, and filed for record in Book 2088 at Page 319 of the Hennepin County Deed Records; and 1 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 WHEREAS, for the purposes of this Agreement an "Encroachment" is defined as any use of the land within Magellan's Easement Tract by someone other than Magellan which could interfere with Magellan's Easement rights or could create safety concerns related to Magellan's Facilities as more fully described in Magellan's General Encroachment Requirements as set forth in attached Exhibit "B" and incorporated herein by reference. Magellan does not permit or authorize any Encroachments unless specifically approved in a written agreement identifying all "Approved Encroachments"; and WHEREAS, City desires to obtain Magellan's consent for one or more Encroachments on Magellan's Easement Tract; NOW, THEREFORE, in consideration of the covenants and agreements herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Magellan, subject to the following terms and provisions, hereby consents to the Encroachments listed below as "Approved Encroachments" described and limited pursuant to the following specified plan drawings, which were furnished by City to Magellan ("Plan Drawings") and attached hereto as Exhibit"C": Drawing titled RECONSTRUCTION OF HILLTOP ROAD EDEN PRAIRIE, MINNESOTA — EASEMENT STORM SEWER — File No. AEDENP0601, dated 6/06/06, Sheet 5 of 14, prepared by Short Elliott Hendrickson and certified by Aaron T. Ditzler on 6/22/06 TERMS AND PROVISIONS 1. Approved Encroachments. The Approved Encroachments, as further identified, described and limited in the Plan Drawings as set forth in Exhibit "C" are limited to the following: One 27-inch diameter RCP storm sewer line crossing Magellan's Easement Tract and crossing approximately 10 feet beneath Magellan's No. 6 — 12-inch diameter high pressure petroleum products pipeline at Magellan's approximate pipeline station number 996+84 and at City's approximate sewer line station number 6+18. 2. No Other Encroachments. Except for the Approved Encroachments as defined in the Agreement, City shall not create, erect, place or construct any other Encroachment on, above or below the surface of the ground on Magellan's Easement Tract, or change the 2 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 grade or elevation of the ground surface within Magellan's Easement Tract or at any time plant or allow any trees thereon or cause or permit any of these to be done by others, without the express prior written permission of Magellan. 3. Magellan On-Site Representative. Exclusive of Saturday, Sunday, and legal holidays, City shall notify Magellan a minimum of 48 hours in advance of any Encroachment activities on Magellan's Easement Tract so that Magellan may arrange to have a representative present. At Magellan's option and at City's sole cost and expense, Magellan's representative may be on site during all Encroachment activities over or within ten feet (10) of the Magellan Facilities to confirm that no damage occurs to the Magellan Facilities. The presence of Magellan's representative or any verbal instructions given by such representative shall not relieve City of any liability under the Easement or this Agreement, and will not change the terms of the Easement or this Agreement,which may only be changed by written agreement by authorized representatives of City and Magellan. If pipeline, coating, cathodic protection and/or any other repair of Magellan Facilities is required by Magellan or if the safety of the Magellan Facilities is jeopardized, in Magellan's sole judgment, City shall stop all construction activities on Magellan's Easement Tract until said repairs are completed or until any unsafe construction practices are resolved to the satisfaction of Magellan's on-site representative. Written notification of such construction activity shall be made to MAGELLAN PIPELINE COMPANY, Howard White at 2451 W County Road C, St. Paul, MN 55113, Office:(651) 633-9669, Cell: (612) 759-9452, Fax: (651) 633-8217, or such other representative of Magellan,which Magellan may from time to time designate. 4. Protection of Magellan Facilities. City shall protect the Magellan Facilities if excavating and backfilling become necessary within Magellan's Easement Tract. If excavating within 2 feet of any Magellan pipeline or when otherwise deemed necessary by Magellan's on-site representative, City shall perform any necessary digging or excavation operations by hand digging. City shall reimburse Magellan for all costs of having a representative of Magellan on-site during construction activities related to the Approved Encroachments. 5. Breach. If either City or Magellan breaches this Agreement and the non-breaching party commences litigation to enforce any provisions of this Agreement, the reasonable cost of attorneys' fees and expenses will be payable to the non-breaching party by the breaching party upon demand, for all claims upon which the non-breaching parry prevails. 6. Insurance. City shall procure or cause its contractors and subcontractors to procure and maintain in force throughout the entire term of this Agreement insurance coverage described below with insurance companies acceptable to Magellan for work performed related to the construction of the Approved Encroachments. All costs and deductible amounts will be for the sole account of the City or its contractors and subcontractors. Prior to commencing any activities related to the construction of the Approved Encroachments, the City must deliver to Magellan certificate(s) of insurance. Non-renewal or cancellation of policies must be effective only after Magellan receives written notice from the insurance company thirty (30) 3 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 days in advance of such non-renewal or cancellation. The limits set forth below are minimum limits and will not be construed to limit the City's liability: (a) Workers' Compensation insurance complying with the laws of the State or States having jurisdiction over each employee and Employer's Liability insurance with limits of $1,000,000. (b) Commercial or Comprehensive General Liability insurance on an occurrence form with a combined single limit of $5,000,000 each occurrence and project specific annual aggregates of $5,000,000. Coverage must include premises/operations, independent contractors, blanket contractual liability, and products/completed operations coverage, broad form property damage, personal injury, and sudden and accidental pollution; such coverage must be maintained for two (2) years following completion of work activities related to the construction of the Approved Encroachments. Magellan, its affiliated companies, and its and their respective directors, officers, partners, members, shareholders, employees, agents and contractors shall be included as additional insureds. (c) In each of the above policies, the City or its contractors and subcontractors agree to waive and will require its insurers to waive any rights of subrogation or recovery either may have against Magellan and its affiliated companies. (d) Regardless of the insurance requirements above,the insolvency, bankruptcy, or failure of any such insurance company providing insurance for the City or its contractors and subcontractors, or the failure of any such insurance company to pay claims that occur, such requirements, insolvency, bankruptcy or failure will not be held to waive any of the provisions hereof. (e) In the event of a loss or claim arising out of or in connection with the construction of the Approved Encroachments, the City agrees, upon request of Magellan, to submit a certified copy of its insurance policies for inspection by Magellan. (f) The City shall require all of its contractors and subcontractors for work related to the construction of the Approved Encroachments to provide adequate insurance coverage, all to be endorsed with the Waiver of Subrogation wording referenced in Section (c) above; any deficiency in the coverage, policy limits, or endorsements of said contractors and subcontractors, shall be the sole responsibility of the City. 7. Indemnification. City will indemnify, save, and hold harmless Magellan, its affiliated companies, directors, officers, partners, employees, agents and contractors from any and all environmental and non-environmental liabilities, losses, costs, damages, expenses, fees (including reasonable attorneys' fees), fines, penalties, claims, demands, causes of action, proceedings (including administrative proceedings),judgments, decrees and orders resulting from City's breach of this Agreement or caused by or as a result of the construction, use, 4 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 maintenance, existence or removal of the Approved Encroachments and Other Encroachments located on the Magellan Easement Tract. The presence of Magellan's representative or any instructions given by such representative will not relieve City of any liability under this Agreement, except to the extent that such liability results from Magellan's or its representative's gross negligence or willful misconduct. 8. Damage or Loss. City covenants that: (a) If at any time, in the sole opinion of Magellan, it becomes necessary for Magellan, to cross, occupy, utilize, move or remove all or portions of the Approved Encroachments placed on Magellan's Easement Tract or constructed pursuant to this Agreement, for any purpose, including but not limited to surveying, constructing new facilities, maintaining, inspecting, operating, protecting, repairing, replacing, removing or changing the size of a pipeline(s) and appurtenances on Magellan's Easement Tract and such activities by Magellan result in damage to or destruction of the Approved Encroachments, then repair, replacement or restoration of such Approved Encroachments shall be at the sole cost and responsibility of City. (b) If at any time, any encroachments belonging to or permitted by City which are not authorized by this or another written agreement ("Other Encroachments") are found to be on Magellan's Easement Tract, Magellan may at any time request City to remove such Other Encroachments, and if City refuses or fails to do so within a reasonable time, Magellan's may remove them from Magellan's Easement Tract to a location off of Magellan's Easement Tract at City's expense, unless they are allowed to remain by a written agreement between Magellan and City. Should such removal activities by Magellan result in damage to or destruction of the Other Encroachments, then repair, replacement or restoration of such Other Encroachments shall be at the sole cost and responsibility of City, and such Other Encroachments may not be repaired, replaced or rebuilt on Magellan's Easement Tract without a written agreement between Magellan and City. (c) If during the exercise of the rights granted by the Easement or by this Agreement, the Approved Encroachments and Other Encroachments, if any, are damaged, destroyed or suffer loss of value, City agrees to release Magellan, its affiliates, and its and their respective directors, officers, members, partners, shareholders, employees, agents and contractors from and against any and all liabilities, and damages or losses which may arise as a result of the damage to or loss of use of the Approved Encroachments and Other Encroachments, if any, caused by Magellan, its employees, agents and contractors. 9. Magellan Rights. Magellan and City agree that the existence of the Approved Encroachments or this Agreement does not constitute a waiver of Magellan's rights under 5 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 the Easement. Magellan hereby reserves and City hereby grants and confirms all of Magellan's rights,title and estate as set forth in the Easement. 10. The terms and conditions of this Agreement will constitute covenants running with the land and be binding upon and inure to the benefit of the parties hereto, their successors, assigns and grantees. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. This Agreement shall become effective upon its complete execution by the parties hereto. 11. Special Support of Magellan Pipelines During Construction Activities. For any open- trench digging by City which will expose the Magellan Facilities (pipelines), City shall use certain precautions to ensure the safety of the Magellan Facilities. In order to minimize additional longitudinal stress on Magellan's pipelines due to elastic bending of such pipelines during project construction, when the native supporting soil under a pipeline will be removed for a length greater than or equal to the respective pipeline's safe maximum allowable unsupported span length(which will be calculated by Magellan), City shall supply appropriate mechanical support to Magellan's pipelines with a sling and side boom or other method, which method must be approved by Magellan's authorized representative for each such situation. Furthermore, in such event, Magellan, in accordance with its policy to protect the Magellan Faciltites, shall be granted reasonable opportunity to conduct non-destructive evaluations and/or weld on reinforcing sleeves on all girth welds that will be fully exposed when the native supporting soil under the pipeline will be removed for a length greater than or equal to the respective pipeline's safe maximum allowable unsupported span length. The reasonable costs of such weld inspections and/or adding on reinforcing sleeves shall be reimbursed to Magellan by City upon presentation of an invoice to City by Magellan. Based on the pipeline specifications and maximum operating pressures for the Magellan Rosemount to Willmar No. 6 — 12-inch diameter pipeline at the subject location, the safe maximum unsupported span length for the line is 94 feet. IN WITNESS WHEREOF,the parties have set their hands on the dates expressed below. Magellan Pipeline Company,L.P. By Its General Partner,Magellan Pipeline GP,LLC By Its Undersigned,Authorized Signatory: Date: ,2006 Name: 6 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 City of Eden Prairie By Nancy Tyra-Lukens Title: Mayor Date: ,2006 By Scott H.Neal Title: City Manager Date: ,2006 7 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 STATE OF OKLAHOMA ) SS COUNTY OF TULSA ) Before me,the undersigned, a Notary Public in and for the county and state aforesaid, on this day of , 2006 personally appeared , to me personally known to be the authorized signatory of MAGELLAN PIPELINE GP, LLC, a Delaware limited liability company, who being duly sworn did acknowledge to me that he executed the foregoing instrument on behalf of said limited liability company as its free and voluntary act and deed, for the uses, purposes and consideration therein set forth. Notary Public My commission expires: STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) Before me,the undersigned, a Notary Public in and for the County aforesaid,on this day of ,2006, personally appeared Nancy Tyra-Lukens to me known personally to be the Mayor of the CITY OF EDEN PRAIRIE,a Minnesota municipal incorporated city, who being duly sworn did acknowledge to me that she executed the foregoing instrument on behalf of said City of Eden Prairie as the free and voluntary act and deed of said Municipal Corporation, for the uses, purposes and consideration therein set forth. Witness my hand and official seal. Notary Public My Commission Expires: 8 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) Before me the undersigned, a Notary Public in and for the County aforesaid on this da , g �' tY Y of ,2006, personally appeared Scott H.Neal to me known personally to be the City Manager of the CITY OF EDEN PRAIRIE,a Minnesota municipal incorporated city, who being duly sworn did acknowledge to me that he executed the foregoing instrument on behalf of said City of Eden Prairie as the free and voluntary act and deed of said Municipal Corporation, for the uses, purposes and consideration therein set forth. Witness my hand and official seal. Notary Public My Commission Expires: 9 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 EXHIBIT "A" SUBJECT LAND Outlot B, Riley Creek Ridge, Hennepin County, Minnesota, according to the recorded plat thereof. (P.I.D. No. 20-116-22-43-0068) 10 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 EXHIBIT "B" GENERAL ENCROACHMENT REQUIREMENTS 11 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 EXHIBIT "C" PLAN DRAWINGS 12 Encroachment Agreement EA-F Xing—3-28-05—Tract 7332 Hennepin County,MN- Agent DM -Project 06-035 EXHIBIT `B" TO ENCROACHMENT AGREEMENT, 1 of 4 MAGELLAN PIPELINE Magellan's Easement Tract.For .MAGELLAN RIGHT OF WAY following: resulting cover(vertical distance other activities of the Owner on the RA I •Location and depth of all Magellan from the surface of the land to the to COMPANY,L.P. ep g P Magellan Easement Tract,the pipelines and facilities of Magellan's pipeline)is not Beazer Magellan field representative shall 1.Personal Property and Fixtures •The width of Magellan's Easement than eight feet(8'). General Encroachment determine whether Magellan's To Be Kent Off of Magellan's Tract Requirements continuous presence or periodic Easement Trail.In order to keep A standard warning statement 8.Eroaon Control Materials. monitoring of encroachment Magellan rights of way clear for conspicuously displayed containing Emsioncontml materials may be A.GENERAL-These requirements activities will be required and shall operations,maintenance,inspection the following language: allowed on Magellan's Easement define the minimum standards of inform the Owner.A Magellan and emergency access,personal Tract for temporary periods of practice for encroachments by a representative will be made available property and fixtures shall not be WARNING construction and restoration. landowner(including any developer, upon 48 bours notice(exclusive of placed,stored or maintained on HIGH-PRESSURE PIPELINE(S) business entity,utility company or weekends and holidays)to determine Magellan's Easement Tract.Personal Excavation and/or Construction 9.Proof of Title to Property. individual workingfor,or on behalf the location and approximate depth property and fixtures include,but are Prohibited Without compliance with Magellan may require Owner to of an Magellan pipelines.No not limited to storage sheds State One-CaRAND Without Written vide f of current owners of of,or with permission of landowner) Y 8 p Pe ag pro prop ownership (herein referred to collectively as excavation shall be commenced automobiles,trailers,mobile homes, Permission From MAGELLAN the land where the proposed "Owner')to pipeline corridors and without prior written approval from above-ground swimming pools, PIPELINE COMPANY,LP. encroachment is to be located.Such rights of way ("Magellan's Magellan and verification by business equipment,product proof may be in the form of a Title Easement Tract")owned or operated Magellan of the location and inventory,scrap metal,boulders, 4.Written Encroachment Cormnitment,Title Policy,or a copy by Magellan Pipeline Company,L.P. approximate depth of its pipelines. large rocks,debris,junk and piles of Agreement Reauired.A written, of a recorded Warranty Deed. ("Magellan").Upon written request materials. fully executed Encroachment by Owner to Magellan,a copy of 3.Mmellm's Facilities Agreement must be in place between 10.Subdivision Plat Magellan these minimum requirements shall be Magellan's facilities include,but are 2.Encroachments Subject to Being Magellan and Owner before Owner requires a copy of the Subdivision Provided to any developer,business not limited to,Easement,rights of Cleared from Magellan's Easement commences work on any Plat,if applicable.If the plat has been entity,utility company or individual way,pipelines,meter and valve sites, TracL Subject to the terms of its encroachment. recorded,Magellan requires a copy working on behalf of Owner or with aboveground piping manifolds and Easement(including right of way indicating the book and the page of the permission of Owner within cathodic protection systems. agreement[s]and other written 5.Costs.Unless otherwise agreed in the recording. Magellan's Easement Tract.Specific agreements),Magellan may keep writing,all costs to Magellan that circumstances may require additional 4.Land Use-Change-Notification, Magellan's Easement Tract clear of result from any encroachment should 11.Location and Approximate precautions or more stringent The landowner and tenant,if any, items that may hinder the exercise of be paid by Owner.Such costs shall Depth of Pipelines.A Magellan methods in order to protect the must notify Magellan at any and Magellan's rights to construct, include,but not be limited to: representative is normally available integrity of Magellan's pipelines and every time when the land use will be operate,inspect,maintain,repair and modification,replacement,lowering, with 48 hours notice(exclusive of facilities.Magellan's Easement Tract changed for land on or adjacent to access its pipelines and other and protection of pipelines,including weekends and holidays)to determine for purposes of these General Magellan's Easement Tract. facilities.Clearing of the Magellan's engineering evaluation and design, the location and approximate depth Encroachment Requirements shall be Examples of such land use changes Easement Tract shall include,but not field labor and real estate research of the pipeline(s).Determining actual considered to be any area within fifty are: be limited to the following:removal and document preparation and depths of pipelines may require pot- (50)feet of any Magellan pipeline or Change from pasture to cultivation oft—,brush,crops,other handling, holing or hand-digging by,and at the other Magellanowned or operated Change in depth of tilling(e.g. vegetation and non-permitted expense of Owner in the presence of facility unless a different right of way plowing deeper or deep-breaking the encroachments located on or 6.Pipeline Integrity Inspection. an authorized Magellan width is specified by one or more land) overhanging all or par of any Prior to the installation of any representative.No excavation on recorded right of way or easement -Change in that terraces will be cut Magellan's Easement Tract.Trees or structure,parking lot,roadway or Magellan's Easement Tract shall take documents(herein collectively called or recut other vegetation overhanging other facility which might interfere place without approval by Magellan. "Easement",whether one or more), Change from agricultural use to Magellan's Easement Tract may be with or hinder Magellan's inspection in which case such specified width residential,commercial or industrial side-trimmed. of any pipeline or facility,Magellan 12.Vertical Separation Between shall define Magellan's Easement use. will perform an integrity review of its Magellan Pipeline or Facility and Tract. •Change from residential to C.ENCROACHMENT PLANNING pipeline and any other assets which an Encroaching Obiect or commercial or from commercial to may be affected by the proposed Structure,Vertical separation is I.Encroachment Definition.An industrial. 1.Plan Review Required by structure,parking lot,roadway or defined in this document as the "encroachment"is any use of the Magellan.For any encroachment, other encroaching facility in order to vertical distance between the land within Magellan's Easement 5,Governmental Regulations and Magellan nest be provided project determine that Magellan's assets outermost part of a Magellan Tract which could interfere with Industry Guidelines Owner most plans to review and approve,prior to comply with integrity requirements pipeline,facility or appurtenance(for Magellan's Easement rights or which comply with all applicable laws and the encroachment occurring,for and to allow Magellan to make any example,the outside of the pipe[for could create safety concerns for regulations,as well as Magellan's purposes of damage prevention. needed changes prior to construction uncased pipe]or the outside of the Magellan pipelines and/or facilities policies as expressed herein.Owner of any encroachments. pipe casing[for cased pipe])and the located on Magellan's Easement is also hereby referred to the 2.Submission of Complete Plans outermost part of the encroaching Tract.Encroachments include,but Common Ground Alliance Best Owner most submit complete plans 7.Soil On Magellan's Easement object(for example,the outside of are not limited to:structures,fixtures, Practices which can be found on the to Magellan for review.Incomplete Trad--Remoyine and Adding.No the encroaching pipeline or the personal property,landscaping, web site: plans could delay Magellan's soil shall be removed from or added outside of its conduit). foreign utilities,foreign pipelines, www.comnongroundalliance.com engineering impact study and to Magellan's Easement Tract roadways,railroads,waterway (See"Program Information"/'Best insufficient information could result without written authorization from 13.Construction Eauipmeat crossings,water impoundments, Practices")and which is available in increased costs.Plans must Magellan.Any soil added must be Information.Owner shall provide to walls,heavy equipment and heavy from Common Ground Alliance in include: clean(without contaminants,trash or Magellan information as to the type, loads on Magellan's Easement Tract, booklet form for easy reference.Best •A plan view of the project with the debris)fill dirt and must be limited in size,and weight of construction and also any excavation,digging, Practices addresses the most common pipeline(s)location included. - amount so that the equipment that will be used ova or drilling,tunneling and addition, issues for damage prevention fin an •An illustration in profile of the in the vicinity of the pipeline(s). removal or disturbance of soil or encroaching party,including,among existing surface elevations,the subsoil within Magellan's Easement others:Planning and Design;One- proposed surface elevations and the D.ENCROACHMENT DESIGN Tract Call Center;Locating and Marking; elevation of the Magellan pipeline(s). REQUIREMENTS& Excavation;and Mapping. •A comprehensive miliy/structure STANDARDS 2.Magellan Representative In the even of a conflict between /grading plan depicting the Reunited On-Site.Magellan laws and regulations,Magellan's relationship to the pipefine(s). 1.Risk of Loss and DanmmL pipeline systems operate at high policies and the Common Ground •A proper legal description of the Owner shall bear the risk of loss, pressures,and for safety reasons, Alliance Best Practices,the following project location. damage and/or destruction to any Magellan requires its company priority shall govern encroachments Complete landscaping plans. structure.fence,landscaping or representatives to be on-site while on Magellan's Easement Tract:lit-- Complete plans for backfilling and improvement placed within the Owner is excavating or performing laws and regulations;2nd-- compaction of backfill material. boundaries of Magellan's Easement other activities which could endanger Magellan policies;and 3rd-- Tract and shall hold Magellan the Magellan pipelines or other Common Ground Alliance Best 3.Plans Must Show Magellan's harmless facilities on Practices. Easement Tract.Pipelines and Facilities All construction plans (prints)showing lands where all or any part of Magellan's Easement Tract,any Magellan pipeline or facility is located must contain the Page 1 of 17 Page 2 of 17 Page 3 of 17 Page 4 of 17 Page 5 of 17 General Encroachment Requirements—(L.P.—3/28/05) EXHIBIT `B" TO ENCROACHMENT AGREEMENT, 2 of 4 for damages,destruction of Magellan's Easement Tract. in the following manner. encasement of high-voltage •Elevation of+0 feet and-15 structures and for any consequential b.General Landscaping 1)The tape must be placed directly electrical lines in red concrete. feet damages which may arise out of Requirements.The following are the over(parallel to)and at least 15 h.Utility Polls and Guy Anchors. •Alignment of+/-20 feet as Magellan or its designees exercising general roles for landscaping on inches above the foreign line for Utility poles and guy anchors long as it does not come to Magellan's Easement rights or which Magellan's Easement Tract: the entire distance that it shall not be placed on Magellan's within 10 feet of Magellan's may arise out of accessing 1)Written ApprovaL Landscaping occupies Magellan's Easement Easement Tract without a written pipeline Magellan's Easement Tract,pipelines proposed to be done on Magellan's Tract.Additionally,the tape agreement.With a written •Initial penetration of ground or facilities. Easement Tract must be approved must be placed directly over agreement,poles and anchors surface at exact location shown by Magellan in a written (parallel to)and at least 15 may be placed no closer than 20 in the plan and profile 2.Buildings.Structures and encroachment agreement.Among inches above each Magellan feet to any Magellan pipeline. drawings Fences. other terms,the encroachment pipeline that is crossed for a Poles shall not be allowed to run •Final penetration of the a. Buildings and Structures.No agreement will release Magellan minimum distance which is the parallel to a Magellan pipeline ground surface within+/-10 buildings,houses,barns,garages, from any liability for damages to greater of within the Magellan Easement feet of the alignment and patios,playhouses,sheds,septic the landscaping from the exercise (a)a minimum distance of 20 Tract. within+30 feet and-0 feet of systems or drain fields, of Magellan's Easement rights. feet on each side of the I. Directional Drilling/Boring. the length shown in the plan swimming pools(above-ground 2)Trees Not Permitted.Trees Magellan pipeline,or 1) Prior to commencing any and profile drawings or below-ground),reinforced are not permitted on Magellan's (b)across the entire width of horizontal directional drilling, •Curves shall be drilled at a concrete slabs or other similar Easement Tract. Magellan's Easement Tract Owner shall submit plans radius equal to or greater than structures will be permitted on 3)Shrubs.Shrubs exceeding 3 2)The placement of warning tape showing procedure and that specified in the plan and the Magellan's Easement Tract. feet in height and/or obstructing on each side of Magellan material descriptions for profile drawings.The drilled b.Septic System not permitted. the view of any Magellan pipeline pipeline(s)will not be required Magellan's approvaL The radius will be calculated over No septic-system,including any maker posts are not permitted on for utility cables that are plans and description shall any 3 joints(range 2 type drill lateral lines will be permitted on Magellan's Easement Tract. installed using the directional include,but not be limited to pipe)segment using the Magellan's Easement Tract. 4)Irrigation Systems,Field drill or jacking method. the following: following formula: c.Retaining Walls.Retaining walls Drain Lines,and Sidewalks. d.Crossings By Metal Pipelines or Profile and plan showing Rdrilled=(Ldrilled/Aavg)x are not permitted on Magellan's Irrigation systems,field drain lines Conduits.Metallic pipe crossing location of entry and exit 180/r Easement Tract. and sidewalks that are to cross a Magellan pipeline(s)may require points Where:Rdrilled=drilled radius d.Fences No fence shall be Magellan pipeline most cross such Magellan to perform a cathodic Work space required to over Ldrilled constructed or maintained on pipeline at an angle as close to 90 protection interference survey.If perform the work Ldrilled=length drilled;no Magellan's Easement Tract degrees as possible,but in no event interference with Magellan's Mud containment and less that 75 feet and no greater without a written agreement. at an angle less than 45 degrees cathodic protection system is disposal sites than 100 feet e.Requirements for Fences.If and must comply with other detected and remediation is 2) Owner shall positively locate Aavg=total change in angle fencing on Magellan's Easement applicable provisions of this necessary,Owner agrees to and stake the location of over Ldrilled Tract is authorized by a written document. cooperate with Magellan and to Magellan's existing pipelines At the completion of the pilot- agreement with Magellan,the c.No Water Bodies on Magellan's make necessary adjustments in and other underground hole drilling,Owner shall provide fencing must comply with the Easement Tract.Retention of water, Owner's interfering metallic pipe or facilities,including exposing to Magellan a tabulation of following: including but not limited to, other remediation to correct such any facilities located within horizontal and vertical coordinates, 1) Not Parallel to Pipeline No Livestock ponds,lakes,retention interference problem insure that the 10 feet of the designed drilled referenced to the drilled entry fence shall be allowed to be ponds,or wetlands may not be Magellan cathodic protection path.Prior to commencing point,which accurately describe constructed parallel closer constructed or formed on Magellan's system is operating properly. drilling operations,Owner the location of the pilot hole. than 10 feet to any Magellan Easement Tract. e.Low-Voltage Crossing shall modify drilling practices 5)Drilling Fluids. pipeline,within the d.Surface Grade and Elevation Requirements.Low voltage and down-hole assemblies to -The composition of drilling fluids boundaries of Magellan's Changes Surface grade or elevation electrical,fiber optic,local service prevent damage to proposed for use shall comply with Easement Tract. changes must be reviewed and communication,long distance Magellan's existing pipelines all applicable laws and regulations. 2) Fence Posts Location.No approved in writing by Magellan. carrier telephone,and low-voltage and other facilities.Owner •Owner is responsible for fence posts will be allowed to (12—24 volt)utility cable should shall be responsible for losses obtaining,transporting and storing be within five(5)feet of any 4.Foreign Pipeline&Utility cross Magellan pipeline(s)with a and repairs occasioned by any water required for drilling Magellan pipeline or facility. Crossings minimum of 24-inches of vertical damage all Magellan fluids. 3) Gates Required Magellan a.Minimum Angle for separation.Such cables shall be pipelines and other facilities •Disposal of drilling fluids and may requite any fence Pipeline/Utility Crossing.Any encased in a rigid non-metallic resulting from drilling or [frill cuttings shall be Owner's constructed within the foreign pipeline or utility that is conduit when crossing Magellan boring operations. responsibility and shall be boundaries of Magellan's proposed to cross a Magellan pipeline(s). 3) At all times,Owner shall conducted in compliance with Easement Tract to have gates pipeline must cross the Magellan f.High-Voltage Crossing provide and maintain applicable laws and regulations. of such size and suitability as pipeline at an angle as close to 90 Requirements.High-voltage instrumentation to document Drilling fluid shall not be disposed is necessary or convenient for degrees as possible,but in no event at electrical cable (alternating and accurately locate the pilot of by placing fluids on or under Magellan to access its an angle less than 45 degrees. current with voltage of 110 volts hole and the drill bit,to the surface of Magellan's pipelines and/or facilities for b.Vertical Separation and higher)must cross Magellan measure drill-string axial and Easement Tract. its operations,including Requirements for Crossing.Foreign pipeline(s)with a minimum vertical torsional loads,and to •Owner shall employ best efforts inspections,at each point pipeline(s),utilities(except high- separation as foUows: measure drilling fluid to maintain full annular circulation where the fence crosses a voltage lines—see below)or flow •24-inches for 0 to 600 volts; discharge raze and pressure. of drilling fluids.Drilling fluid Magellan pipeline or facility lines should cross Magellan •30-inches for 601 to 22,000 volts; At Magellan's request,Owner returns at locations other than boundary.Magellan shall be pipeline(s)with at least 24 inches of •36-inches for 22,001 to 40,000 shall promptly provide entry and exit points shall be allowed to put a Magellan vertical separation.Special written volts; Magellan with reasonable minimized.If annular circulation lock on such gates,which will authorization must be given in the •42-inches for 40,001 volts and access to information and is lost,Owner shall take steps to allow access to Magellan's event vertical separation is less than above. readings provided by these restore circulation.If inadvertent Easement Tract and/or that specified in these General In the event a high-voltage electrical - instruments,including copies surface returns of drilling fluids facilities through such gates. Encroachment Requirements.The cable crosses over a Magellan of any written documentation. occur,they shall be immediately 4) Angle of Fence Crossing.It preferred method for a foreign pipeline,the cable shall be encased 4) Pilot Hole. contained with band-placed is preferred that fence pipeline or utility to cross a Magellan in red concrete across the full The pilot hole shall be barriers(e.g.,hay bales,sand bags, crossings be as close to 90 pipeline is to cross below the width of Magellan's Easement drilled along the path silt fences,etc.)and collected degrees as possible. Magellan pipeline. Tract,unless a variance is granted shown in the plan and using pumps as practical.If the c.Warning Tape Required. by Magellan,as set forth below. profile drawings.No pilot amount of surface term is not 3. Landscaping.Elevation When any foreign pipeline or g.Written Authorization for hole shall be made that great enough to allow practical Changes and Water. utility line is proposed to cross Variance.Owner most have written will result in any of the collection,the affected area will be a Magellan pipeline,Owner authorization from Magellan for any encroaching utility being diluted with fresh water and the a.Landscaping Definition. must place 6"wide McMaster- variance from the vertical installed in violation of fluid will be allowed to dry and Landscaping shall include, Car No.8288T12 or equal separation requirements listed above laws and regulations or of dissipate naturally.If but not be limited to,trees, within Magellan's Easement and/or for any variance from the Magellan's requirements shrubs,underground Tract requirement for described herein. irrigation or sprinkler However,safety for any systems,sidewalks or otter adjacent utilities and/or paths,retaining walls,terraces structures is of utmost or other land grade changes, importance.Therefore, within the listing of separation distances or tolerances herein does not relieve Owner from responsibility for safe operations or for damage to adjacent utilities and structures. • If tolerances are not specified in the plan and profile drawings,the pilot hole shall have the following tolerances: Page 6 of 17 Page 7 of 17 Page 8 of 17 Page 9 of 17 Page 10 of 17 General Encroachment Requirements—(L.P.—3/28/05) EXHIBIT `B" TO ENCROACHMENT AGREEMENT, 3 of 4 the amount of surface term exceeds that minimum compacted cover over the carrier pipe,as •Owner shall place Six-inch wide plastic degrees. which can be contained with hand-placed measured from the base of the rail to the top of the warning tape,McMaster-Carr No.8288T12 or 2)Vertical Separation Requirements for barriers,small collection sumps(less than 5 pipe,as follows(see Figures I and 3): equal,over each pipeline for the width of the Waterway Crossing.Pipelines to be crossed cubic yards)may be used unless permits or temporary road or equipment crossing,plus an must have a minimum vertical separation of other regulations prohibit the use of collection Minimum additional 20 feet past each outside edge of such five(5)feet,as measured from the bottom of sumps.If the amount of surface return Location of Comrraded Cover temporary road or equipment crossing the waterway to the outermost pan of a exceeds that which can be contained and Piveline Over Too of L Owner Required to Prated Magellan Magellan pipeline,facility or appurtenance collected using barriers or small sumps,or if Pipeline Pipelines.Magellan may require Owner to put in the return of drilling fluids occurs in the body Under track structure place additional cover and/or stabilization 3)Adding Weight to Pipeline for Negative of water proper,drilling operations will be proper(Below 6.0 feet (timbers,steel plate,crashed rock,concrete slab, Buoyancy.Owner shall bear the cost of suspended until surface return volumes can be bottom of rail) etc.)at any approved equipment crossing in order Magellan adding sufficient weight or controlled. Under all other to protect Magellan pipelines,taking into account mechanical devices to any Magellan pipeline 6)As-Built Drawing.Owner shall provide to surfaces within the 3.0 feet possible effects of weather,pipeline depth,and crossed by a waterway in order to create Magellan an as-built plan and profile drawing right of way or from type of vehicles proposed to cross the pipelines. negative buoyancy for such pipeline. of the drilled crossing showing the location of the bottom of ditches Magellan will analyze each proposed crossing the new crossing as well as the location of based on information provided by Owner to 8.Blastine. Magellan's pipeline. g.Roadway and Driveway Crossings. determine any additional depth or protection that Roadways and driveways,shall be installed with may be required for safe pipeline operation. a.Magellan Written Approval 5.Roadway.Driveway.Railroad and Eaukoment a minimum compacted cover over the carrier L Heavy Equipment-Definition and Required—Plan To Be Submitted. Crossings. pipe,as measured from the top of the roadway Requirements Heavy equipment shall be defined Magellan must approve any proposed surface to the top of the pipe,as follows(see as vehicles having a gross weight in excess of blasting operations that could affect its a.Pipeline Integrity Inspection. A pipeline Figures 2 and 4): 80,000 pounds.Heavy equipment shall be pipelines or facilities.Should blasting be integrity review shall he performed by Magellan prohibited from working directly on top of the necessary,a comprehensive plan must be as described in provision`t4'under"C. Location of Piceline Minimum active pipeline.For vehicles having a gross submitted to Magellan for review and Encroachment planning"(above). weight of 80,000 pounds or less,the pipeline most written approval. b.Load Bearing and Stress Limit Comnacted Cover have a minimum of 4 feet of cover.Magellan b.Safety Considerations—Damage Requirements.Prior to any road,driveway,rail Over Tor oC most analyze the additional longitudinal stress Prevention Plan.For safety and bed or equipment crossing construction, Pice6ne due to external loads if the vehicles have a gross preservation of Magellan assets,all Magellan's engineer most determine whether the weight in excess of 80,000 pounds in order to blasting shall be in accordance with proposed compacted cover meets load-bearing surface Under roadway 4.0 feet determine required pipeline depth for safe federal,state,and local governing proper requirements and provides adequate protection to poperation, agencies and the Magellan's`Damage (Below surface of limit stress on Magellan's pipeline or other Prevention Plan for Blasting Near UnUnderder apavemell ll other facilities and most advise Owner of any 6.Paridne Luts and Other Pavement Company Facilities".A copy of said plat additional requirements necessary to provide will be made available upon request. adequate protection. surfaces within the 3.0 feet a.Parking Lot and Pavement Requirements. e right of way or from No Crossing Over Pipeline Bend.Paved All parking lots and other pavement installed on E.EXCAVATION NEAR MAGELLAN surfaces or rail beds shall not be allowed to crassthe bottom of ditches Magellan's Easement Tract shall consist of a PIPELINES. a pipeline bend(point of inflection). flexible surface such as asphalt.No reinforced d.Minimum Angle of Crossing.Crossings Jr.Crossing Pipelines Transporting Highly concrete will be allowed. 1.STATE"ONE-CALL"REOUIRED.No id Li Vola tile Liquids.For Magellan pipelines should be as close to 90 degrees to Magellan b.Pipeline Depth Under Parking Lot The excavation or activity listed N"A.GENERAL transporting highly volatile liquids,minimum pipeline(s)as possible,but not less than 30 depth of Magellan's pipelines under a parking lot -/.Encroachment Definition'above shaft be fo r or a crossing at a drainage ditch must be 4.0 degrees. most meet or exceed compacted cover performed by Owner in the vicinity of e.Pipeline Casing Issues.Magellan prefers that feet' requirements listed in the previous"Roadway, Magellan's facilities or within Magellan's i Depth R l D Additio nal onaep Required.Depth cased roadway and railroad crossings no longer i. Driveway,Railroad,and Equipment Crossings" Easement Tract until proper telephone be installed.If the tamer pipe under roadways greater than the minimum depths stated above may section above notification has been made to the appropriate and railroads requires adjustment or relocation, be required for a pipeline due to the combined "One Call"system and a Magellan then instead of using casing,the carrier pipe will stress of internal pipeline pressure and external q,Waterwav Crossbngs. representative is on-site to monitm excavation consist of extra strength material or heavier wall loading pressure.Magellan will analyze each activities.All of the states in which Magellan thickness to accommodate the additional proposed crossing based on information provided a.Pipeline Depth Requirements.If Owner conducts pipeline operations have"One Call" longitudinal stress due to external loads.If a road by Owner to determine any additional depth that 8 proposes to cross a Magellan pipeline with a laws,which require 48-72-hours notification or railroad crossing currently uses casing and the my be required for the pipeline for safe operation. waterway(river,stream,creek,irrigation canal,or prior to any excavation related activities. road or railroad is being widened and no other j•Temporary Roads and Equipment Crossings drainage ditch),such crossing most result in After making a One-Call,the state One-Call adjustment or relocation of the carrier pipe is Any t re ns:such road or crossing most meet the following Magellan's pipelines meeting in exceeding the agency will notify Magellan to mark me requited,then Magellan may elect to extend the require minimum depth below the bottom of the accurately,in a reasonable and timely casing pipe on the existing crossing(s)to Must be located at a site approved by a waterway for compliance with then current manner,the location of the Magellan's field Magellan fie representative. accommodate additional road surface.if casing is pipeline construction standards and federal,state, pipeline facilities in the vicinity of the used,it most not end under the roadway surface •Most provide adequate protection for and local regulations. proposed encroachment. or track structure,but most extend across the Magellan's pipeline and other facilities,as b.Requirements for Waterway Crossings: entire length of the roadway by the appropriate Magellan roadway or railroad right of 1)Minimum Angle or Crossing.Crossings 2.ONE-CALL NOTIFICATION.The µ,ay engineer,so that the compacted cover meets should be as close to 90 degrees to Magellan following list is providedfor convenience,but f.Railroad Crossing Requirements.Railroads load-bearing requirements and provides pipeline(s)as possible,but not less than 45 is not warranted by Magellan to be complete shall be installed with a adequate protection to limit stress on the or accurate(telephone numbers were copied pipeline or other facilities. from each state's web site on 1/92004). Owner is required to acquire and call the appropriate One-Cal number(s)for its location of activity. Page 11 of 17 Page 12 of 17 Page 13 of 17 Page 14 of 17 General Encroachment Requirements—(L.P.—3/28/05) EXHIBIT `B" TO ENCROACHMENT AGREEMENT, 4 of 4 Current"ONE-CALL"numbers and information can shall cease using the mechanical means when it reaches a point within two feet of be found on each slate's ONE-CALL'website: the Magellan pipeline(see next provision). Arkansas-www.arkonecall.com/ -800 482-8998 Colorado-www.uacc2.org/ -800 922-1987 7.Exposing Pi l!!by hand.Excavating within 2 feet of any Magellan Rlinois-www.illinois Icall.com/ -800 892-0123 pipeline shall be done by hand-digging until the pipeline is exposed and its Iowa-www.iowaonecall.com/ -800 292-8989 location is accurately known.Then,Owner must position the excavation Kansas-www.kansasonecall.com/ -800 344-7233 equipment so that from the point of operations the equipment will not reach Minnesota-www.gopherstateonecall.org/- within 2 feet of any Magellan pipeline. -800 252-1166 Missouri-www.molcall.com/ -800344-7483 Minimum depth Nebraska-www.ne-diggers.com/ -800 331-5666 RAILROAD AND HIGHWAY CROSSINGS below bottom of rail North Dakota--mclonecall.com/ -800 795-0555 Railroad l Oklahoma-www.callokie.co.1 -800 522-6543 Minimum depth \ Drainage ditch Minimum depth Minimum depth South Dakota-www.sdonecall.coMindex.asp /- below itch 800 781 7474 below ground / below bottom of rail Texas-www.texasonecall.com/ -800 245-4545 Minimum depth Railroad Drainage ditch Wisconsin-www.diggershotline.com/-800 242-8511 below ditch .a. Vent Alternatively,the National One-Call number-(888) naac \\\ Minimum depth below ground Lhcased carrier pipe 258-0808-may be used to register a proposed _- --- --- ------ excavation and to subsequently notify underground \ _ - UVCASED RAILROAD CR7S9NG utility operators with assets in the vicinity. `End seal Casing Carrier pipe RGURE 3 3.Excavation Plan Aunroval.Owner shall submit to Magellan for its approval plans for any proposed CASED RAILROAD CROSSING excavation on the Magellan Easement Tract.No FIGURE (.; ��y Drainage Ditch excavation on Magellan's Easement Tract shall be Minimum depth L commenced until Owner has secured Magellan's written below ditch approval of the plans.The excavation work shall be in compliance with all applicable laws and regulations. Minimum depth Drainage ditch \ Owner is also referred to the Common Ground Alliance below ditch G hlghway C n Best Practices(referenced in this document). — lhcamd Carrier Mi imum depth below item er Rpe y/daee Of Pavement 4.Magellan Representative On-Site for Excavation Carrierppe UNCASED HIGHWAY CROSSING A Magellan representative must be on-site when an ____ _ _ --- ---- FIGURE 4 excavation is occurring on Magellan's Easement Tract (see provision"2" der"A. enrol"beginning on Find seal pipe Casing Minimum depth below under page I) surface of pavement CAS HGHWAYCROSSNG 5.Removal of Side-Cuttirz Teeth from Enuipmen_t_ RGURE 2 Sidetotting teeth shall be removed from buckets of excavating equipment. 6.Parallel Excavating Recluired.When,in preparation for crossing any Magellan pipeline with any other pipeline or with electric line,communication line, roadway or any other structure or facility,Owner needs to locate a Magellan pipeline by use of mechanical means.Owner must perform such locating activity by excavating parallel to the Magellan pipeline with such mechanical means,but Page 15 of 17 Page 16 of 17 Page 17 of 17 General Encroachment Requirements— (L.P.—3/28/05 ) WARNING smi'lb,T G HIGH PRESSURE PIPELINE(S)! r EDGE OF POND EXCAVATION CONSTRUCTION PROHIBITED WITHOUT 6p LF UTILITY COW APL IAN IANLE WITH STATE ONE-CALL. EASEMENT 375 CY ILVI AND WITHOUT WRITTEN PERMISSION FROM MAGELLAN PIPELINE 'EMBANKMENT (SEE SILT FENCE MAGELLAN PIPELINE COMPANY SHEET 4 FOR FTLTER OG. TYPE RESTORE WITH SE�D EMBANKMENT STRAW BIORO(.L MIXTURE.250 I BENCH REOUIREXENTS) EROSION CONTROL BLANKET ., + CATEGORY 4 - - - I I METROPOLITAN AIRPORT COMMISSION I PROPERTY � i • m I ' \ CONSTRUCTION LIMITS METROPO.I TAN AIRPORT COMMISSION ! PROPERTY �"� 6 CY RIPRAP CI,'.I11 1 METROPOLITAN 0 t W/GEOTE%TILE-F' ABRIC \\ T ' '.' AIRPORT.COMMISSION J% � SALV OE 24 CY RIPRAP C L I11 0 PROPERTY , / J --:_.: 1 / �`�AND REINSTALL W/.GEOTEXTILEFABRIC I I PROPERTY ATE PROPERTY PRIVATEPRIVATE FEN TYPE IV ..: ;• PRIVATE � I • +j PROPERTY I j .erle IS •-yl 830 830 - -- - - - -MAGELLAN PIPELII+E CROSSING. - I 820 820 -"-'' - --------- EXISTING�P)T�7F ILE4 1P. ( i 810 t - - ` O _ I0 810 -- --- ----- - - --- 800 r- I- 800 r r -------- ----- i oRy sE I 0 _ oos - - ..azlsx _. e � � OESION 54 is,0I41 790 Qgslc Is:Dlq TG eyfi po_.. 790 -" 3.2 - INv col.To s - ——— .1 z.7s::: .. T�eoe,so .. .. .... .I NY eb(.ep x - - eo6 90 INv lel.St 5 - __ .. , ..- _ I 5 780 /// ; INv t31 2e S INV T94_K2 N .. -- INV T31 SS N T' I f 780 ' ------I .,__ ___ ___ __ __.. _ _ _.__ ____ ___ _ ___ ____ .. _ 7 7 O 30'FEe tt III 0 36 40 f ' 77 O :oEsl d T.Is.oul .. : .. LTC:TBS.00 4 160 NP 74.S1C3 y 760 £ .:_. --f --' -----.ixW.�usox_ -i ----.._. _ ------ --- --f..--. :--T---- ---- -----i ---,.-- - - .:_:. ..�-_ -'- :---i -- - ---- $ 750 750 r 1+ 4+0 + 7+OD +0 9+0 E DCSIGNERz d,9NDE1 ELVOiI x[rMKN30N 2006.INY USf W REVS!W IN4 ,N M-ER WIECT EWL Wd+Np 1n101wY FILE ND. nAxioRAKlwc Axo rxE cWREsva.Wlxo cawrzR.Ixo OMY LlaxsEo PRacssowc ExovcEa UNOCR RECONSTRUCTION OF 5 CMECKCD BYE OCSIONNRNETIxp FIEFS YITNWI tx[[KPRE35.IT1EN CWSExi 3 S111C 01 SaN2TOlA. EASEMENT AEOENP0601 APPRovEo eY• ar1s2x.Is rllwlenm. ttx MmE xol eE asPDnlmE FW n3aNm oRnc WNE.surz Soo HILLTOP ROAD xW12E0 US[DI REVS!D'1NFSf wiFR1Al5.a +" - MWa,WMAw 63lKS-P,W STORM SEWER DATE r xD. er oATE REvlsloxs awas N[SDTIM TxER[nON• .--'�'§F" ";;FR "" 'i003 ISEH n�eoo�'N-«°5°+F''`°"-°0-"°' EDEN PRAIRIE,MINNESOTA 6/06/pe 14 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #05-5649 ITEM NO.: VII.G. Eugene A. Dietz Award Contract to Engineering& Public Works/Engineering Construction Innovations for the Reconstruction of Lift Station No. 2 Requested Action Move to: Award Contract to Engineering&Construction Innovations for the reconstruction of Lift Station No. 2, in the amount of$168,500. Synopsis The attached bid tabulation shows that five contractors submitted bids for two alternates. The preferred alternate was to reconstruct Lift Station No. 2 in a new location, while the alternate would be to salvage the concrete portion of the station and reconstruct the remaining piping systems and controls. Since the price nearly doubles for the preferred alternate, staff recommends that the alternate bid to reconstruct the facility be awarded as noted. Background Information Lift Station No. 2 was constructed in 1979 near the intersection of Valley View Road and the Super Valu main entrance. The station has now reached the end of its functional life. The Capital Improvements budget included the cost of reconstructing the Lift Station in 2005. However, the present location is very congested with multiple underground utility installations and required extra time to negotiate easements with Super Valu. Staff opened bids on a total replacement project for the Lift Station on April 20, 2006. However, the low bid was $325,510, with an Engineer's estimate of $153,000. Staff rejected the bids and asked our consultant to redesign the project. Minor modifications were made in the design of the Lift Station. However, an alternate was included in the bid documents that allowed for reconstruction in the current location. There was a slight savings in the relocated plan ($309,840) but reconstruction in the present location saves approximately $140,000. Although there are some operational advantages to a relocated station, there are none that can overcome the cost savings with staying in the present location. Staff recommends award of the contract for the alternate to reconstruct the Station in its present location. Attachments • Letter from HTPO, Inc. • Bid tabulation i 1 p Engi firing urn ying L cape Archi Lure 0 / e—'September 13,2006 Mr.Gene Dietz City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Super Valu Lift Station I.C.05-5649 Dear Mr.Dietz: Bids were received and opened on Tuesday September 12,2006 at 10:00 am in the City Council chambers at the Eden Prairie City Center for the above referenced project. The bid tabulation is enclosed for review. The project was proposed with a base bid for the relocation of the lift station and an alternate bid to reconstruct the existing station in the same location. The low base bid was $309,840.00 and the low alternate bid was $168,500. These bids were 1.8% and 12.1% above the engineers estimate respectively, and the low bidder was a different contractor for each. Due to the difference in price between the base bid and the alternate bid, City Staff prefers to go with the alternate plan to reconstruct the lift station in place. We therefore recommend that the City Council award the project to the low bidder,Engineering & Construction Innovations, Inc. for the alternate bid amount of $168,500. This contractor has successfully performed work of this size and nature in the past and has been given a good recommendation. Please feel free to contact me if you should have any questions. Sincerely, HANSEN THORP PELLINE OLSON, INC. 7510 Market Place Drive Charles J.Howley,P.E. Eden Prairie,MN 55344 Project Engineer 952-829-0700 952-829-7806 fax enclosures HANSEN • " PELLINEN OLSON, Bid Tabulation Reconstruction of Lift Station No.2 City of Eden Prairie I.C. No 05-5649 BASE BID Engineering& Construction Three Rivers Engineers Estimate Barbarossa&Sons,Inc. Gridor Construction Ja Brothers Construction ITEM UNIT UNIT UNIT UNIT UNIT UNIT No. ITEM UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL Furnish and install new duplex lift station pumps,piping,cabling, 1 wiring and appurtenances for wet 1 Lump Sum$38,230.00 $38,230.00 $75,600.00 $75,600.00 $47,000.00 $47,000.00 $54,700.00 $54,700.00 $54,575.00 $54,575.00 $45,000.00 $45,000.00 well(including forcemain piping to Valve manhole Furnish and install new concrete wet 2 well 1 Lump Sum$32 000.00 $32,000.00 $56,960.00 $56,960.00 $60,400.00 $60,400.00 $50,000.00 $50,000.00 $27,420.00 $27,420.00 $121,000.00$121,000.00 3 Furnish and install new valve manhole 1 Lump Sum$14,000.00 $14,000.00 $13,200.00 $13,200.00 $11,700.00 $11,700.00 $28,100.00 $28,100.00 $14,825.00 $14,825.00 $45,000.00 $45,000.00 Furnish and intall new valve 4 manhole piping,valves and appurtenances(including connection 1 Lump Sum$27,680.00 $27,680.00 $14,300.00 $14,300.00 $16,900.00 $16,900.00 $19,500.00 $19,500.00 $27,900.00 $27,900.00 $22,000.00 $22,000.00 to existing forcenuvn Common excavation for wetwell and 5 valve manhole(includes pavement 1 Lump Sum$53,750.00 $53,750.00 $46,000.00 $46,000.00 $69,000.00 $69,000.00 $62,900.00 $62,900.00 $99,900.00 $99,900.00 $25,000.00 $25,000.00 removal Remove and salvage existing lift 6 station pumps,piping,control panel 1 Lump Sum$13,000.00 $13,000.00 $11,500.00 $11,500.00 $9,000.00 $9,000.00 $1,200.00 ' $1,200.00 $3500.00 $3,500.00 $000.00 $5,000.00 and appurtenances 7 Convert existing wetwell to junction 1 manhole Lump S $4,000.00 $4,000.00 $3,680A0 $3,680.00 $4,300.00 $4,300.00 $6,400.00 $6A00.00 $7,720.00 $7,720.00 1$15,000.00 $15,000.00 8 10"DIP sanitary sewer with 18"steel 1 Lump Sum$76,800,00 $76,800.00 $42,000.00 $42,000.00 $75,160.00 $75,160.00 $108,400.00 $108,400.0 $153,890.0 $153,890.00 $104,000.casing'acked in 00$104,000.00 i Install new electrical control panel 9 (furnishd by the City),wiring and 1 Lump Sum$15,000.00 $15,000.00 $14,000.00 $14,000.00 $11,000.00 $11,000.00 $10,800.00 $10,$W.00 $30,800.00 $30,800.00 $12,000.00 $12,000.00 a ces 10 Pavement and miscellaneous restoration 1 Lump Sum$12,425.00 $12,425.00 $15,000.00 $15,000.00 $13,350.00 $13,350.00 $1,800.00 $1,800.00 $10,850.00 $10,850.00 $21,000.00 $21,000.00 11 Landscaping and turf establishment 1 Lump Sum$9,574.00 $9,574.00 $9,600.00 $9,600.00 $19,000.00 $19,000.00 $10,100.00 $10,100.00 $15,000.00 $15,000.00 $26,000.00 $26,000.00 12 Erosion control system 1 LumpSum$Z880,00 0.00 500.00 $ZW.00 $ZOOO.00 $2,000.00 00.00 szmoo $1,800.00 $1,800.00 $5,000.00 $5,000.00 13 Tgmporary bypass 1 LumpSum 000.00 $5,000.00 $5,5W.00 $5,5W.00 $Z000.00 000.00 $16,700.00 $16,700.00 $15,000.00 $15,000.00 $30,WO.W $30,000.00 TOTAL$304,339.00 $309,840.00 $340,810.00 P73A00-0q $463,180.00 $476,000.00 HTPO 05-041 9/13/2006 Bid Tabulation Reconstruction of Lift Station No.2 City of Eden Prairie I.C. No 05-5649 ALTERNATE BID Engineering& Construction Three Rivers Engineers Estimate Innovation Inc Jay Brothers Barbarossa&Sons Gridor Construction Construction ITEM UNIT TOTAL UNIT TOTAL UNIT UNITUNIT TOTAL UNIT TOTAL UNITTOTAL No. ITEM an UNIT PRICE PRICE PRICE PRICE PRICE PRICE Furnish and install new duplex' I lift station pumps,piping, 1 Lump Sum $38,230.00 $38,230.00 $51,500.00 $51,500.00 $65,642-00 $65,642.00 $%,500.00 $96,500.00 $57,000.00 $57,000.00 $45,000.00 $45,000.00 cabling,wiring and amurtenancesinside existing 2 Furnish and install new valve 1 Lump Sum $14,000.00 $14,000.00 $25,000.00 $25,000.00 $14,825.00 $14,825.00 $20,200.00 $20,200.00 $23,300.00 $23,300.00 $40,000.00 $40,000.00 manhole Furnish and install new valve 3 manhole piping,valves and 1 Lump Sum $13,080.00 $13,080.00 $20,000.00 $20, appurtenances(including 000.00 $31,500.00 $31,500.00 $28,200.00 $28,2W.00 $20,300.00 $20,300.00 $41,000.00 $41,000.00 connection to existing Common excavation for valve 4 manhole(includes pavement 1 Lump Sum $5,000.00 $5,000.00 $15,400.00 $15,400.00 $11,500.00 $11,5W.00 $4,200.00 $4,200.00 $35,8W.00 $35,800.00 $27,000.00 $27,000.00 removal Remove and salvage existing lift 5 station pumps,control panel 1 Lump Sum $15,000.00 $15,000.00 $6,000.00 $6,000.00 $3,500.00 $3,500.00 $11,500.00 $11,500.00 $1,200.00 $1,200.00 $12,000,00 $12,000.00 and appurtenances Install new electrical control 6 panel(furnished by the City), 1 Lump Sum $12,000.00 $12,000.00 $11,000.00 $11,000.00 $26,400.00 $26,400.00 $17,500.00 $17,500.00 $11,300.00 $11,300.00 $12,000.00 $12,000.00 wiring and appurtenances 7 Pavements and miscellaneous 1 Lump Sum $6,200.00 $6,200.00 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $6,600.00 $6,600.00 $1,600.00 k$64,000.00 $21,000.00 $21,000.00 restoration 8 and turf establishmentRRetaining W-U 1 Lump Sum $5,214.00 $5,214.00 $21,000.00 $21,000.00 $6,500.00 $6,500.00 $8,900.00 $8,900.00 $23,100.00 $17,000.00 $17,000.00 9 Erosion control stem 1 Lum Sum 1655.00 1655.00 .00 00.00 500.00 500.00 .00 1 00.00 $ 900.00 $5,000.00 000.00 10 Temporaryass 1 Lum Sum 000.00 $40 000.00 800.00 1 800.00 5 000.00 15 000.00 10 000.00 0 000.00 000.00 000.00 0 000.00 TOTAL$150 79.00 $168,500.00 $179 867.00 $205,100. $250 000.00 HTPO 05-041 9/13/2006 CITY COUNCIL AGENDA DATE: SECTION: Consent September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VILH. Community Development: Resolution Calling for Public Hearing to Janet Jeremiah/David Lindahl consider establishing a Tax Increment Financing(TIF)Redevelopment District for Solomon's Town Center Phase I Project Requested Action: Move to: ■ Adopt Resolution calling for a public hearing November 14, 2006,to consider establishing a new Tax Increment Financing Redevelopment District. Synopsis: The purpose of establishing a Redevelopment District is to help defray costs associated with the redevelopment of the several existing buildings located on TH212 and Eden Road across from the Eden Prairie Center for a new 136,000 square foot office and commercial mixed-use project. A resolution calling for a public hearing to consider establishing a new TIF district must be passed by the Council before an actual hearing is held. Background: The Solomon Group, an Eden Prairie development company, is attempting to assemble and redevelop three properties totaling 4.19 acres located at: 11995 Flying Cloud Dr. - NTI School 8140 Flying Cloud Dr. - David Hanson Office Building 8110 Eden Rd. - Peter Fisher Office Building Their plan is to redevelop the properties into a 136,000 square foot mixed-use office and retail center that includes a significant amount of structured parking. The project includes a 4-story Class A office building, 1 story of retail and a 1/z story mezzanine/atrium with two restaurant anchors. The project is being designed to fit into the City's town center master plan with vertical integration and a structured parking ramp that can be expanded later if and when the Wal-Mart site redevelops. The redevelop and structured parking costs are expected to be high, so Solomon is requesting$4.4 million in TIF and has also applied for a 2 million grant through the Metro Council Livable Communities Demonstration Grant program. Inspections of the existing buildings were completed by LHB Architects and Engineers were found to be structurally substandard and therefore qualify as a Redevelopment District. Details of the TIF plan will be presented to the City Council and HRA at the hearing on November 14, 2006. Attachments: Resolution CITY OF EDEN PRAIRIE, HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 AND THE PROPOSED ESTABLISHMENT OF THE TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT THEREIN, THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR BE IT RESOLVED by the City Council (the "Council") for the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Public Hearin. This Council shall meet on November 14, 2006, at approximately 7:00 P.M., to hold a public hearing on the proposed modification to the Redevelopment Plan for Redevelopment Project Area No. 5, the proposed establishment of the Town Center Phase One Tax Increment Financing District, therein, (a redevelopment district) and the proposed adoption of a Tax Increment Financing Plan therefor; all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing Filing of Redevelopment Plan, and TIF Plan. City staff is authorized and directed to work with Ehlers &Associates, Inc., to prepare a modification to the Redevelopment Plan for Redevelopment Project Area No. 5, a Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District, and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 272. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to November 14, 2006, and to place a copy of the modification to the Redevelopment Plan and TIF Plan, on file in the City Clerk's office at City Hall and to make such copy available for inspection by the public. ADOPTED by the Eden Prairie City Council on the 19th day of September, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILI. Stuart A. Fox, Manager, Conservation Area Bridge Bids Parks and Natural Resources Requested Action Move to: Approve the bid from Custom Manufacturing in the amount of$59,632 for the manufacture and delivery of eight nature trail bridges for the Lower Purgatory Creek and Riley Creek Conservation Area projects. Synopsis In 2005,the City of Eden Prairie retained Brauer and Associates, LTD to develop master plans for the Edenbrook, Riley and Lower Purgatory Creek Conservation Areas. The plans were adopted by the City Council in December of 2005. Money has been budgeted for Phase I portions of each of these conservation area plans with construction taking place in the fall of 2006. Staff has utilized Brauer and Associates to prepare plans and specifications for six bridges for the Lower Purgatory Creek trail as well as two bridges for the Riley Creek Woods trail projects. Bid packages were prepared and four bids were received for the natural trail bridges.The bids were as follows: Company Bridge Material &Delivery Bridge Installation Custom Manufacturing $59,632 $39,600 Enviromental Associates, Inc. $68,640 $29,600 Sunram Construction $120,000 $320,000 Jay Brothers $172,000 $212,000 Plans and specifications were for the construction of eight bridges estimated to be thirty-five feet long, by thirty-six inches wide. The bridge construction was specified to match an existing bridge style with I-beam construction and wood decking. In addition,the specifications called for an at- grade footing plate that would be capable of supporting the I-beam structure of the bridge. Six of the bridges are earmarked for the Lower Purgatory Creek trail that is being construction currently, and two of the bridges are for the Riley Creek Woods trail construction that will be starting later this month. The consultants estimate for eight bridges was$60,000.The cost for the installation of the bridges was not known at the time of estimation;however, staff recommended it be added to the plans and specifications as a second bid item. The plans and specifications give the City the latitude to accept either the price of the bridge manufacturing and delivering or accept the manufacturing and installation combination from Conservation Area Bridge Bids September 19, 2006 Page 2 each of the bidders. Custom Manufacturing was the bridge type specified in the bid specifications and therefore the staff is recommending that we purchase the bridges from Custom Manufacturing. However,the installation of these will be done in-house by Park Maintenance staff or ICWC construction crews. Background The bridges that are going to be installed will complete Phase I of both the Lower Purgatory Creek and Riley Creek Woods trail projects for this year. The bridges that will be installed are very similar to the one that the City has recently installed at the Riley Creek crossing next to Miller Spring. The bridge sits on a metal pan at-grade and is assembled in place without the need for heavy equipment or major disruption of the area. The $59,632 is within the budget amount set aside for Phase I completion of the Lower Purgatory Creek and Riley Creek Woods trail segments. These bridge crossings are designed for foot traffic only and are not large enough to accommodate any machinery or motorized vehicles. There will be handrails on both sides of the bridge that will meet all applicable safety codes. The bridges will be located as to not obstruct the channel at flood level,thereby eliminating any potential damming of debris. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILJ. OCM/Facilities Contract for City Center electronic Marc Thielman information signs Requested Action Move to award contract to Aim Electronics ($24,772.00) for replacement of two electronic information signs at the entrance to the City Center. Synopsis The original information sign boards are 13 years old and have been repaired numerous times. Currently the two signs are only able to display the time and temperature. Staff has replaced more than a thousand bulbs over the past five years to keep the board lit. The power panels, which are failing, are expensive to replace and outdated. The new signs will be the same configuration as the Purgatory Creek signs and will be controlled through the same computer, which will result in cost savings. Staff budgeted $44,000 to replace the City Center electronic information signs in 2006. Two quotes were received from local companies, and staff recommends awarding the contract to Aim Electronics. Attachments Quotes from Aim Electronics and Sign Source _ ALm� Automated Industrial Maintenance 30- ELECTRON/CS 1ne. 8140 Flying Cloud Drive Phone: 952-941-9830 Eden Prairie,MN 55344 Fax: 952-941-7139 ATTACHMENT 1 CITY OF EDEN PRAIRIE PRICE QUOTATION August 17,2006 DAKTRONICS OUTDOOR ELECTRONIC VARIABLE MESSAGE SIGNS Description Qty Unit Price Base Alternate 1. Model AF-3400-32x144-20A (Amber)-SF(LED)four line, single-faced message sign including Venus 1500 software, temperature sensor&internal controller 2 $ 9,980 $ 19,960 (Size: 32"H x 10'W x 8"D) 2. Model AF-3400-32x 112-34A (Amber)-SF(LED)four line, single-faced message sign including Venus 1500 software, temperature sensor&internal controller 2 $ 16,450 $32,900 (Size: 49"H x 13'W x 8"D) 3. Client Control Computer;ie: IBM PC or equivalent using Microsoft Windows NT 4.0; also UPS unit Provided by City of Eden Prairie* 4. Installation including mounting hardware** 1,750 1,950 5. Final checkout&eight(8) hours training 900 900 6. Shipping/Handling 650 975 7. 6.5%Minnesota Sales Tax 1.512 2,387 $Z4.772 39 112 Bloomer,WI Madison,WI Perham,MN 715-568-1288 608-827-5155 218-346-4194 Fax:715-568-1287 Fax:608-833-8433 Cell:ST7-613-7627 Estimate Estimate Page 2 f, P' ' Estimate M 4602 Estimate#:46'0�2 Pmp—Fm CMN Eftn Pr" P_—F—.C.,d 44-204k-W 7 TatMe F— R%*d44 AFWO-32044.20-A-2V AdjkeweB R E PWi,- wo—c"Ms— WW Wqa.Sign MW PWIMMI W 8 Prwd MA-4 M)M.14 JT— CITY COUNCIL AGENDA DATE: September 19, 2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Community Development/Planning prairie Estates 2nd Addition Janet Jeremiah Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.33 acres; and • Approve I st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 2.33 acres; and • Adopt the Resolution for Preliminary Plat on 2.33 acres into four lots and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is a four lot single family development. Background Information The existing house will remain on its own lot.A PUD waiver is required for a front yard setback of 14 feet for this house. The waiver may have merit since the property owner plans on remaining at this site for the new future and the house will ultimately be removed upon a future subdivision of the lot. The 120-Day Review Period Expires on November 9,2006. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project at its August 28, 2006 meeting based upon the recommendations of the Staff Report,which included modifying the grading plan not to exceed 3:1 slopes, and to incorporate infiltration basins.The plans have been revised accordingly. Attachments 1. Resolution—PUD Concept 2. Resolution-Preliminary Plat 3. Staff Report 4. Location Map 5. Land Use&Zoning Maps 6. Planning Commission Minutes PRAIRIE ESTATES 2'ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRAIRIE ESTATES 2ND ADDITION FOR PRAIRIE ESTATES OF EDEN PRAIRIE,LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD)Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 28, 2006, on Prairie Estates 2nd Addition by Prairie Estates of Eden Prairie, LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council;and WHEREAS,the City Council did consider the request on September 19, 2006. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Prairie Estates 2nd Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 11, 2006. 3. That the PUD Concept meets the recommendations of the Planning Commission August 28, 2006. ADOPTED by the City Council of the City of Eden Prairie this 19'h day of September, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD CONCEPT - PRAIRIE ESTATES 2ND ADDITION Legal Description: That part of the Northeast Quarter of the Northwest Quarter, Section 5, Township 116,Range 22, described as follows: Commencing at the intersection of the north line of said Northeast Quarter of the Northwest Quarter and the northerly extension of the west line of Country Road, as dedicated in the plat of Country Glen; thence on an assumed bearing of South 0 degrees 26 minutes 47 seconds East, along said northerly extension,a distance of 34.13 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302;thence continue South 0 degrees 26 minutes 47 seconds East,along said northerly extension and said west line, a distance of 789.84 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302;thence North 89 degrees 25 minutes 39 seconds West,along the north line of Claycross Way,as dedicated in said plat,a distance of 203.11 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302;thence continue North 89 degrees 25 minutes 39 seconds West,a distance of 97.10 feet to the hereinafter described Point A;thence North 0 degrees 35 minutes 02 seconds West,along a line which if extended north would intersect the north line of said Northeast Quarter of the Northwest Quarter at a point distant 282.46 feet East from the northwest corner of said Northeast Quarter of the Northwest Quarter,a distance of 321.47 feet to the point of beginning;thence continue North 0 degrees 35 minutes 02 seconds West, a distance of 187.54 feet to the south line of the North 300 feet of said Northeast Quarter of the Northwest Quarter;thence South 87 degrees 45 minutes 22 seconds West,along said south line, a distance of 110.70 feet to the east line of the west 171.00 feet of said Northeasterly Quarter of the Northwest Quarter; thence North 0 degrees 43 minutes 02 seconds West along said east line a distance of 300.11 feet to the north line of said Northeast Quarter of the Northwest Quarter;thence South 87 degrees 45 minutes 22 seconds West along said north line a distance of 171.06 feet to the northwest corner of said Northeast Quarter of the Northwest Quarter; thence South 0 degrees 43 minutes 02 seconds East along the west line of said Northeast Quarter of the Northwest Quarter a distance of 463.30;thence South 87 degrees 17 minutes 29 seconds East,a distance of 281.73 feet to the point of beginning. Point A is described as follows:Commencing at a point on the west line of said Northeast Quarter of the Northwest Quarter distance 789.2 feet north from the southwest corner of said Northeast Quarter of the Northwest Quarter;thence East,parallel with the south line of said Northeast Quarter of the Northwest Quarter, a distance of 280.55 feet to said Point A. PRAIRIE ESTATES 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE ESTATES 2ND ADDITION FOR PRAIRIE ESTATES OF EDEN PRAIRIE,LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Prairie Estates 2nd Addition for Prairie Estates of Eden Prairie,LLC stamp dated September 11, 2006, and consisting of 2.33 acres into four lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 19th day of September, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: August 25, 2006 SUBJECT: Prairie Estates 2nd Addition APPLICANT: Prairie Estates of Eden Prairie, LLC OWNER: Eugene Laboda LOCATION: 17117 62nd Street West REQUEST: 1. Planned Unit Development Concept Review on 2.33 acres 2. Planned Unit Development District Review with waivers on 2.33 acres 3. Zoning District Change from Rural to R1-13.5 on 2.33 acres 4. Preliminary Plat of 2.33 acres into 4 lots and road right-of-way Staff Report—Prairie Estates 2°d Addition August 25,2006 Page 2 BACKGROUND The Comprehensive Guide Plan shows this site and adjacent properties as Low Density Residential for up to 2.5 units per acre. Surrounding zoning is R1-13.5 to the east, Rural to the south, and R1-9.5 to the west. Prairie Estates Addition to the east is currently under construction. PRELIMINARY PLAT The proposal is to rezone the property from Rural to R1-13.5 and subdivide into 4 single-family lots. The density of the project is 1.7 units per acre. The existing house will remain on its own lot,which also shows how a future subdivision of the lot will remain consistent with the R1-13.5 zoning district. All lots meet or exceed 13,500 square feet as required in the R1-13.5 zoning district. The lots meet the dimensional and frontage requirements and setbacks of the R1-13.5 zoning district. A Planned Unit Development waiver will be required for front yard setback of 14 feet for the existing house. The waiver may have merit since the property owner plans on remaining at this site for the near future and the house will ultimately be removed upon a future subdivision of the lot. GRADING AND TREE LOSS The grading plan shows some areas with slopes at a 2:1 ratio. All grading should not exceed a 3:1 ratio and need to be revised. There are 165 diameter inches of significant trees on the property. No tree loss is anticipated with the proposed development. UTILITIES AND DRAINAGE Sewer and water currently serves the existing house and is available to serve all proposed lots. The majority of storm water is shown to be directed to the existing wetland within the Prairie Estates Addition located to the east. All drainage swales should be design to promote infiltration of storm water. WETLANDS There are no wetlands located on the property. ACCESS The existing house will use its current access to 62°d Street West and Duck Lake Road. Lots 1 and 2 will take access to Duck Lake Road,with Lot 4 taking access to 62nd Street West. Staff Report—Prairie Estates 2°d Addition August 25,2006 Page 3 STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development n w n 2 res. p Concept Review o .33 ac • Planned Unit Development District Review with waivers on 2.33 acres. • Zoning District Change from Rural to R1-13.5 on 2.33 acres. • Preliminary Plat of 2.33 acres into 4 lots, and road right-of-way. This is based on plans stamp dated August 10,2006,the Staff Report dated August 25, 2006 and the following conditions: 1. Prior to City Council review,the proponent shall revise the grading plan to show all slopes not exceeding a ratio of 3:1. Also, that all drainage swales should be design to promote infiltration of storm water. 2. Prior to release of the final plat,the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 4. Prior to building permit issuance for the property,the proponent shall pay the Cash Park Fee. 4. A Planned Unit Development waiver is granted for front yard setback of 14 feet for Lot 1, Block 1,Prairie Estates 2°d Addition. City code maximum is 30 feet. Area Location Map - Prairie Estates 2nd Addition Address: Duck Lake Road and 62nd Street West Crosstown(Co. Duck Lake Rd. SITE, I Country Rd. /.. I{ 1 Claycross Way i Whispering Oaks Dr. —� i_ Chatham Way I I I r----- 1 Daniel La. v � �� .� ! � 1 � No Scale,- � 1 Zoning N1ap Prairie Estates 2nd Addition Duck Lake Road and 62nd Street West f� I SITE Country Road -'` Duck Lake Road Claycrass Way Chatham Way J Whispering OaksDrive _ P £'" l Daniel Lane . 1 r � i�-- e , Shoreland t4anagement Classifications CKD Natural Environment Waters [�-Q] Recreational Development Waters I�#2urat on.Family-10 acre min. i+ghway Commercial General Development Waters(Creeks Only) Rt-44 One Family-44,040 sf m n Regional Service Commercial ED 100 Year Floodplain RI-22 :,One Family-22,000 si m,n_ Regional Commercial Kghrray#31 Viest of Cavnty Road 94 is proposed-not consincted atUats 1*°ne. U dated throtighO.dlnance nB-2005 - RI-13,5 One Family-13,500 sf min. Industrial Park-2 Acre Mlln, Ordnanca:433-2001(BF1 AdJ&on)approved,:but.riot shone on ih s map adltlen R1-9.5 One Facn`.ly-9,500 sf'm3n. d. Iadustr;ni Park- 5Acre 1.11n. Date:May 6,2005 j 1 1141-6.5. Multi-Family-6.7U,RA.max. . General Industrial-SAcre[Sin.. - RIA-2.5 Qdu1il-Family-17.4 U.PA.max. Public Vi 6 Office kmater �Neighborhood Commercial - -'Righf•a'1�.ay Community Commercial Chanhassen City limits Land use Map Prairie Estates 2nd Addition Duck Lake Road and 62nd Street West r } SITE — Country Road `>. Duck Lake Road '` i Claycross Way fl _ Chatham Way ' Whispering Oaks Drive ? Daniel Lane .. _ .. .i Duck Lake Trail h 4 _... Levi Density Residential0-2.5 UnitsfAcre €eighbor€iood Commercial {� Low DensityfPUbiic Open Space Community Commercial Medium Density residential 2.5-10 UnitstAcre Regional Commercial Medium Density Residenliai,'OYice ParklOpen Space „ Q= High Density Residential 10-40 UnlsiAcre PPqublictOuasi-public Offioa &e�irrcogAmzt lab n Sawice Line(MUSA) Principal Arterial �� —AM.inorA.rterial DA.EAppm,ed03AP-cs Offcetlndustiial l l�SpES deter ilk ERav 0014TO5 OtriceM.blictOpeiSpace Right-O€-Way —$MinorArtanal Industrial -_^®-°Major Collector --— Minor Collactor APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 28,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad, John Kirk, Vicki Koenig, Jerry Pitzrick,Frank Powell,Peter Rocheford, Fred Seymour, Ray Stoelting,Jon Stoltz STAFF MEMBERS: Stu Fox,Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Julie Krull,Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kirk. II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Seymour,to approve the agenda. Motion carried 8-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON AUGUST 14,2006 MOTION by Stoltz, seconded by Powell,to approve the minutes. Motion carried 5-0. Koenig,Rocheford and Seymour abstained. IV. PUBLIC MEETING V. INFORMATIONAL MEETING Request for: Informational meeting to present a concept plan for a proposed multiple family use of property currently guided for low density residential. The plan includes 17 condominium units in a two-story building. Location is the northwest corner of Baker Road and St. Andrew Drive. Henry Lazniarz, of 1117 Marquette Avenue,presented the proposal. He gave some history on the project stating that the previous developer did not create the environment Planning Commission Minutes August 28,2006 Page 2 he felt was conducive to the area. He felt the best use for the property would be for a 17 unit condominium. He showed an illustration of what the building would look like by utilizing the overhead projector. He pointed out that they will not be brining in fill to the area,which could potentially be disruptive to the wetland that is located to the east of the property. He stated that at the end of Vervoot Lane,there is no traffic in the area and that it is full of trees, and they want to leave it as such. Mr. Lazniarz felt that this site has been left alone for too many years and that this condominium complex would be the best fit for the area. Stoelting asked Franzen to review the staff report. Franzen stated that this is an informational meeting,which would consist of a presentation by the project proponent, public questions and Commission discussion. He pointed out that question three on page four of the staff report is the most important question the Commission needs to address. Stoelting asked Franzen to address the alternatives to this proposal. Franzen stated that the alternatives are as follows: 1. The development as proposed. 2. Single family development. 3. Senior detached town homes. 4. Twin homes. 5. Modified condominiums. Stoelting opened the meeting up for public input. Jess Rimeter, of 7270 Vervoot Lane, said he and his neighbors share the same concerns for this property. He stated that he believes the size of the lot versus the building size is not an accurate portrayal. He is also concerned with water run-off and traffic and parking issues. He said he felt that the parking lot is not an adequate size for the building and pointed out that there are only four outdoor parking spaces. He also questioned the vacancy of this unit and if there would be a market for these buildings. Mr. Rimeter said that he would like the zoning kept as is and would rather see town homes or single family homes in the area. Ron Harris, of 7262 Vervoot Lane, said that they had built their home in 1988 and are currently the only original homeowners in the area, and have no intention of moving. He stated that this area was originally designed for single family homes and that is what he would like to see in the area. Patricia Harris,wife of Ron Harris of 7262 Vervoot Lane, said that being a Senior Financial Analysist, she is concerned with the vacancy of the proposed project. She said another concern of hers is that the project proponent said that putting up the condominiums would eliminate noise on Baker Road. She pointed out that they can still hear noise on Baker Road and that it is not a concern. She said that there would be more noise and traffic in the area once this project is completed. Planning Commission Minutes August 28, 2006 Page 3 Margaret Perry, of 13715 St. Andrew Drive,which is the area where the driveway would come out, said that she has concerns over parking in the area and that there are only four outdoor spaces for the complex. Gloria Husby, of 13748 Fenwood Circle, said that her deck would be overlooking the roof of the condominium building and she would much rather look out over single family homes. Jim Russell, 7206 Divinity Lane, and stated he has three concerns. The first issue is that he feels this project will increase traffic on Baker Road,which is already heavy. Secondly,he stated that he is an engineer and looking at this project,he feel that there is not much fill in this area and is concerned with water run-off. The third concern is that he feels that by labeling this as elderly housing it could potentially turn into low income housing. Lance Jacobson, of 13796 Canvas Lane, representing the Forest Hills Development, stated that he is concerned with water run-off in the area. He also said that regarding traffic, this would be an issue on Baker Road. He also felt that the school buses would stop in the area and would add more traffic;which would not be good. He also felt that there was plenty of senior housing in Eden Prairie and that this project was not necessary. Eric Peterson, of 13719 St.Andrew Road, stated that he recently moved into the area in the last six months and is concerned with the high density unit in the area. Joan Carroll, of 13764 Fenwick Circle, stated that if they are going to build this condominium, the most important aspect of this project would be to have a good association to keep the property up. Mel Hunker, of 13716 Fenwick Circle, said that he is president of his association and that they are also concerned with landscaping in the area and also the tree loss associated with the project. Stoelting summarized the issues as follows: 1. Wetland concern—where is the water drainage going to run into. 2. Traffic concerns. 3. Senior housing—how will it work. What will the quality be,how good will the association be, and how will they keep it as senior housing. 4. Landscaping. 5. Parking—underground and visitor. Mr. Lazniarz addressed some of these issues. He utilized the overhead projector to show the surfaces of the buildings and added that this is an upper end product that is being used. As for landscaping, he said that they are leaving the hill like it is,which would minimize grading. He said as far as trees,they would be willing to plant more evergreen trees in the area. He pointed out that condominium building would actually only take up the space of two single-family homes. He said that they would be willing to add Planning Commission Minutes August 28, 2006 Page 4 whatever landscaping they need to the property. Mr. Lazniarz said that as far as parking, there are thirty two parking spaces within the building, in the underground parking area; which would be close to two spaces per unit. He said as far as vacancy,they feel that there is a need for senior condominiums in the area. He also felt that the senior residents tend not to drive in early morning or during rush hour times. Mr. Lazniarz said that they will not be renting any of these units. Stoelting asked Mr. Lazniarz about the price range of the condominiums. Mr. Lazniarz said that they would range in the high$200,000's to the mid $300,000's. Shirley Hunker, 13176 Fenwick Circle, asked what age limit would be associated with this development. Mr.Lazniarz said that senior housing is mid fifties on up. Stoelting asked Staff to address the remaining issues. Gray said that in regards to storm water run-off,the southeast corner of the site is a fairly large area for water run-off. He stated that this proposed site is a very small area for drainage. He also said that there would not be much difference in regards to drainage if this was a four lot single family development versus the condominiums. Gray also felt that this project would not have a major impact on traffic in the area. He felt that there was ample parking space underneath the building but not enough outside parking spots. Koenig asked Franzen about a Covenance on a Deed. Franzen said that the City cannot require this,they can only dictate zoning issues. Duckstad asked Franzen if Eden Prairie has a need for senior housing at this time. Franzen stated that there will be a need for senior housing in the future and that a Senior Housing Focus Group will be developing in the near future to address the needs of seniors. Pitzrick stated that he is concerned with the parking issues and also questioned the storm water run-off and how it will be kept out of the garage. Gray stated that they will look at ponding to alleviate storm water drainage. He also stated that the grading plan needs to be established to verify proper drainage for the development.. Stoelting asked the Commissioners to address the five questions on page four of the staff report. Stoltz responded by stating that it is coming down to single family homes versus a condominium complex. He feels the condominium building itself is a good looking building, architecturally, but that it does not fit the need of the land. He feels that the condominium does not finish off the neighborhood. Powell stated that he agreed with Stoltz in that the condominium is a nice building but it does not fit into the area. He stated that an alternative would be to look at a less dense condominium building. Planning Commission Minutes August 28, 2006 Page 5 Seymour also agreed that a lower density condominium unit would be better suited for the area. He stated that it would reduce traffic and that possibly the parking issue could be resolved. He stated that if he had to make a choice he would have to lean towards single family homes. Koenig stated that she leans more towards single family homes but is unsure if four could fit into the area. She also stated that if condominiums do go up in this area she would like the issue addressed of putting up rain gardens in the back of the steep hills. Duckstad stated that he agrees with the Commission members and is also concerned with drainage. He would like to see a better plan established. Pitzrick stated that he also agrees with the other Commission members preferring duplexes with out a basement as a first choice or a single family house as a second choice. Rocheford stated that he feels that the condominium complex would be a good fit for the area. He feels that there is ample parking for the unit and that people buying these units know that there is not a lot of visitor parking,hence there would most likely not be a lot of traffic flow into the area. Stoelting stated that in looking at the comments made by the Commission members, six members favor single family homes,two members favor lower density condominium units, and one member favors the current project as proposed. Stoelting stated that single family units would be a better fit for the area and asked the project proponent to come back with a plan for this and also a landscaping plan. VI. PUBLIC HEARINGS A. VARIANCE#2006-09 by Paul Thomas Vogstrom. Request: To permit a shoreland setback variance from 150 feet to 100 feet at the northeast corner of the proposed structure. The applicant is asking for a continuance to the September 11, 2006 meeting,to allow the developer to discuss the proposed variance with the neighbors. MOTION by Powell, seconded by Duckstad,to recommend a continuance to the September 11, 2006,meeting. Motion passed 8-0. B. VARIANCE#2006-11 by Lecy Homes. Request: To permit a front yard setback of 40 feet. Steve Scholla, of 18170 Bearpath Trail, introduced Rob Harding,the developer of Bearpath,who will be presenting the proposal. Harding stated that when they initially laid out the designs for Bearpath they were to initially comply with a 30 ft. setback. He pointed out that they are requesting the proposed 40 foot setback Planning Commission Minutes August 28,2006 Page 6 to protect the home from the golf course. He also pointed out that the setback would also utilize more of the backyard area. Mr.Harding illustrated this proposal utilizing the overhead projector. He pointed out that south of the site is the 10t'fairway and stated that they need the proposed setback to protect the home from golf balls. Stoelting asked Franzen to review the staff report. Franzen stated that there have been a lot of variance requests granted for this area and that Staff recommends approval of this protect. Stoelting opened the meeting up for public input. There was no input. MOTION by Powell, seconded by Koenig,to close the public hearing. Motion carried 8-0. MOTION by Powell, seconded by Duckstad,to approve the variance based on plans stamped dated July 21, 2006, and the staff report dated August 25,2006. Motion carried 8-0. C. PRAIRIE ESTATES 2"'D ADDITION by Prairie Estates of Eden Prairie, LLC. Request for: Planned Unit Development Concept Review on 2.33 acres; Planned Unit Development District Review with waivers on 2.33 acres;Zoning District Change from Rural to R1-13.5 on 2.33 acres;Preliminary Plat of 2.33 acres into four lots and road right-of-way. Thomas Parker, of Prairie Estates, presented the proposal. He started out by thanking Staff and Commission Members for the approval of his previous project known as Prairie Estates. He introduced Charlie Howley,the civil engineer on the project,who illustrated the project utilizing the overhead projector. He illustrated where the house would remain on the project and also illustrated the grading plan. He pointed out that there would be no impact to significant trees on the property. He stated that sewer and water currently serves the existing house and is available to serve all of the proposed lots. Mr.Howley said that they will not be changing the storm water drainage. Stoelting asked Franzen to review the staff report. Franzen stated that Staff recommendation is for approval based on page 3 of the staff report. Stoelting opened the meeting up for public input. There was no input. Pitzrick asked about moving the dirt that is located on the property. Mr.Howley stated that it is from the first phase of the project and would have to remain on the project for four months. Pitzrick asked if it would impact the wetland. Mr. Howley stated that is would not be impacting the area. Planning Commission Minutes August 28, 2006 Page 7 Koenig addressed the issue of drainage and said that there should be infiltration before any drainage reaches the wetland. Mr. Howley stated that the water is not running into a NURP pond but rather flowing naturally. Gray stated that with this small of a project, it is not practical to include a NURP pond. He stated that the swales should do the work of a rain water garden. MOTION by Stoltz, seconded by Koenig,to close the public hearing. Motion carried 8-0. MOTION by Stoltz, seconded by Koenig, to approve the Planned Unit Development Concept Review on 2.33 acres;Planned Unit Development District Review with waivers on 2.33 acres;Zoning District Change from Rural to Rl- 13.5 on 2.33 acres; and Preliminary Plat of 2.33 acres into four lots and road right-of-way based on plans stamped dated August 10, 2006, and the staff report dated August 25, 2006. Motion carried 8-0. VII. 2008 COMPREHENSIVE GUIDE PLAN UPDATE DISCUSSION MCA and Golden Triangle Reports Monique Mackenzie and Greg Ingraham presented the update. Key points of direction or discussion for MCA: 1. Use of"trip budget"tool to direct location and intensity of new development. With this tool you can allocate density in areas. 2. Commitment to a compact,walkable Town Center. Key points of direction or discussion for the Golden Triangle: 1. Should plan for land use and not location. 2. Manage conversion of industrial property to office use. Plan summaries for both documents: 1. Describe land use pattern, density, character and public investments. 2. Current status of plans would be advisory. 3. It should be an official guiding role. Common theme in both reports: 1. Role of LRT. 2. Mixed land uses expected in both locations. 3. Higher density is expected in the area. MCA and GTA Distinctions 1. Intensification Pattern. 2. Land use alternatives. 3. Public safety concerns. Planning Commission Minutes August 28, 2006 Page 8 MCA Planning Principles 1. Walkable area in Town Center. 2. Improved way-finding. 3. Transportation improvements. Golden Triangle Area study objectives: 1. Reduce peak period traffic. 2. Improve property tax. 3. Increase transit use. 4. Explore opportunities for commercial development. Plan summary for Golden Triangle Area: l. Diversify land use to reduce traffic. 2. Create transit oriented center at lesser intensity than MCA. 3. Guide market-based development to achieve goals. Golden Triangle would like direction for: 1. Specify desired future land use. 2. Use more detailed methods to control overall traffic. Powell asked how high the water tower was and if the high rise plan would be higher than this. Both project proponents confirmed that the high rise plan would not be higher than the water tower. Stoelting asked what is needed of Commission members. Monique Mackenzie stated that they are presenting the updates and looking for any discussion or direction on any issues brought forward tonight. Pitzrick questioned a potential use for a third option for circulation in the MCA to accommodate segways or other personal electric vehicles. Janet Jeremiah, from the City of Eden Prairie, elaborated in detail on the development. She pointed out that the City is not initiating development,but that the City would be using the private market as a catalyst. She also stated that the Commission should be looking at this as a comprehensive plan. Ms. Jeremiah pointed out that a lot of the development is dependant on the private market. She also pointed out that there is more revisioning that needs to be completed. Franzen stated that he sees vision as two-thirds of the way there. Greg Ingraham pointed out that the MCA plan is more specific but the Golden Triangle plan needs to be more flexible. VIII. PLANNERS' REPORT Franzen stated that there will be two items on the agenda for the September 11, 2006, meeting. Planning Commission Minutes August 28, 2006 Page 9 IX. MEMBERS REPORTS X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION by Koenig, seconded by Seymour, to adjourn the meeting. Motion carried 8-0. There being no further business,the meeting adjourned at 11:03 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 156293- 156704 Wire Transfers 2525 -2530 City of Eden Prairie Council Check Register 9/19/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2525 11,361 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2526 16,556 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2527 87,352 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2528 30,389 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2529 156,719 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2530 18,082 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 156293 67 BIFFS INC Waste Disposal Round Lake 156294 250 BYRON,SUSAN Insurance Risk Management 156295 232 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 156296 12,069 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 156297 70 DALE SORENSEN CO Cash Over/Short General Fund 156298 244 ECOLAB INC Contract Svcs-Pest Control Community Center Maintenance 156299 80 FEDEX Postage Den Road Building 156300 963 FIETEK,CHRIS Tuition Reimbursement/School Organizational Services 156301 100 FINANCE AND COMMERCE Dues&Subscriptions Economic Development 156303 1,531 GENUINE PARTS COMPANY Equipment Repair&Maint Police 156304 36,060 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 156305 60 HCMC-EMS EDUCATION Tuition Reimbursement/School Police 156306 6 HECKER,MARGARET Program Fee Classes/Programs/Events 156307 126 HUTCHINS,BRUCE Office Supplies Inspections-Administration 156308 668 INNOVATIVE LANDSCAPE SUPPLY IN Grounds Maintenance Utility Operations-General 156309 1,076 JUDLIN,JILL Insurance Risk Management 156310 116 KASBOHM,ANTHONY AR Utility Water Enterprise Fund 156311 274 KORTUM,MICHAEL Mileage&Parking Tree Disease 156312 3,770 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 156313 20,603 MIRACLE RECREATION EQUIPMENT C Improvements to Land Parks Referendum 156314 351 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 156315 185 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 156316 1,019 NEAL,SCOTT Dues&Subscriptions City Manager 156317 2,453 NILSSEN,BETH Instructor Service Ice Arena 156318 57 PETTY CASH-EPCC Mileage&Parking Community Center Admin 156319 24 SHAW,WALTER&DONNA Program Fee Classes/Programs/Events 156320 119 SOSNIECKI,BEN Mileage&Parking Tree Disease 156321 300 STEARNS COUNTY SHERIFF'S DEPAR Deposits Escrow 156322 1,528 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 156323 1,346 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 156324 156 BIGGAR,JERRAD Training Supplies Police 156325 1,940 BLOOMINGTON,CITY OF Kennel Services Animal Control 156326 15,336 BLUE LINE GEAR Operating Supplies Police 156327 15 BREDAHL PLUMBING Cash Over/Short General Fund 156328 377 BRINK,PATRICK Operating Supplies Communication Services 156329 68 CARLSON,DAN Travel Expense Police 156330 87 CINGULAR WIRELESS Pager&Cell Phone Police 156331 186 ECOLAB INC Other Contracted Services Utility Operations-General 156332 1,666 ERS INVESTMENTS LLC Deposits Escrow 156333 59 GINA MARIAS INC Operating Supplies Police 156334 3,490 HENNEPIN COUNTY TREASURER Board of Prisoner Police 156335 85 IAFCI MINNESOTA Tuition Reimbursement/School Police 156336 636 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 156337 30 MMRF#3107 Tuition Reimbursement/School Police 156338 410 MRPA Conference Expense Parks Administration 156339 50 MSANI Tuition Reimbursement/School Police 156340 150 ORANGE COUNTY SHERIFF'S OFFICE Tuition Reimbursement/School Police 156341 51 PAM OIL INC Equipment Parts Fleet Services 156342 336 QWEST Telephone Sewer Liftstation 156343 40 REBER ROBERT Program Fee Health and Fitness 156344 392 SHEGGEBY,MICHAEL Supplies-General Bldg Community Center Maintenance 156345 1,627 SRF CONSULTING GROUP INC Other Contracted Services Planning 156346 18 STATE OF MINNESOTA Operating Supplies Fleet Services 156347 63 STRONER,ELIZABETH Clothing&Uniforms Police 156348 1,050 U S BANK Paying Agent HRA 2002A LEASE REVENUE BONDS 156349 4,967 UNITED STATES CONFERENCE OF MA Dues&Subscriptions City Council 156350 179 US POSTMASTER-HOPKINS Postage Eden Prairie Players 156351 73 VERIZON WIRELESS Pager&Cell Phone Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 156352 669 WALMART COMMUNITY Operating Supplies Playgrounds 156353 45 YIPA Tuition Reimbursement/School Police 156354 125 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 156355 199 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 156356 6,928 BELLBOY CORPORATION Transportation Den Road Liquor Store 156357 5,848 DAY DISTRIBUTING Beer Den Road Liquor Store 156358 96 DTM DISTRIBUTING INC Misc Taxable Prairie View Liquor Store 156359 1,624 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 156360 300 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 156361 1,434 GRAND PERE WINES INC Wine Imported Den Road Liquor Store 156362 1,967 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 156363 13,539 GRIGGS COOPER&CO Liquor Den Road Liquor Store 156365 30,292 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 156366 445 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 156367 9,876 MARK VII Misc Taxable Prairie View Liquor Store 156368 586 MIDWEST COCA COLA BOTTLING COM Beer Prairie View Liquor Store 156369 14 MORAN USA,LLC Misc Taxable Den Road Liquor Store 156370 645 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 156371 4,805 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 156372 14,112 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 156373 439 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 156374 16,284 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 156375 312 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 156376 514 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie View Liquor Store 156377 13,811 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 156378 11,939 THORPE DISTRIBUTING Beer Prairie View Liquor Store 156379 207 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 156380 2,383 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 156381 547 WINE SOURCE INTERNATIONAL Liquor Den Road Liquor Store 156382 215 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 156383 2,717 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 156384 165 AMERICAN PAYROLL INSTITUTE INC Dues&Subscriptions Finance 156385 399 API FUND FOR PAYROLL EDUCATION Conference Expense Finance 156388 10,163 BIFFS INC Waste Disposal Park Maintenance 156389 200 BOLD,PAULINE Instructor Service Outdoor Center 156390 90 CAMPOS,LORI Instructor Service Outdoor Center 156391 660 COMFORT SUITES Travel Expense Water Distribution 156392 91 COMMISSIONER OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 156393 980 FIETEK,CHRIS Tuition Reimbursement/School Organizational Services 156394 31 KRAEMERS HARDWARE INC Supplies-General Bldg Park Shelters 156395 99 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 156396 700 OPERATING ENG LOCAL 49 TRNG PR Conference Expense Engineering 156397 534 OTTERNESS,RON Instructor Service Outdoor Center 156398 24 RICHFIELD,CITY OF Operating Supplies Fleet Services 156399 64 ROBINSON,TIFFANY Mileage&Parking Finance 156400 2,312 SPRINT Software and Hardware Information Technology 156401 950 UNCOMMON GATHERINGS Operating Supplies Arts Initiative 156402 198 US POSTMASTER-HOPKINS Postage Outdoor Center 156403 60 VERIZON WIRELESS Pager&Cell Phone Information Technology 156404 73,532 XCEL ENERGY Electric Sewer Liftstation 156405 9 AMERICAN EXPRESS PUBLISHING Dues&Subscriptions Prairie View Liquor Store 156406 942 ANCHOR PAPER COMPANY Office Supplies General 156407 200 ARMA INTERNATIONAL INC. Dues&Subscriptions City Manager 156408 50 BOLD,PAULINE Other Contracted Services Sunbonnet Days 156409 182 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 156410 29 CENTERPOINT ENERGY Gas Miller Park 156411 45 COMMISSIONER OF TRANSPORATION Operating Supplies Engineering 156412 85 D'AMICO AND SONS Miscellaneous City Council 156413 255 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 156414 27 EDEN PRAIRIE NEWS Dues&Subscriptions Senior Center Administration 156415 40 EL ADAWE,HISHAM Program Fee Tennis 156416 55,298 ELK RIVER FORD Autos Water Distribution 156417 400 FAHEY,LARRY Other Contracted Services Sunbonnet Days 156418 340 GASCH,ROBERT Other Contracted Services Sunbonnet Days 156420 1,261 GENUINE PARTS COMPANY Equipment Parts Fleet Services 156421 40 JENKINS,LINDA Lessons&Classes Fitness Classes 156422 143 MAGUIRE,CAROLINE Operating Supplies International Festival 156423 325 MAGUIRE,CHARLIE Other Contracted Services Sunbonnet Days Check# Amount Vendor/Explanation Account Description Business Unit 156424 991 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 156426 500 PERT NEAR SANDSTONE Other Contracted Services Sunbonnet Days 156427 2,667 QWEST Pager&Cell Phone Sewer Utility-General 156428 3,669 RICHFIELD,CITY OF Autos Water Distribution 156429 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery 156430 6,308 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 156431 450 STAR Conference Expense Ice Arena Maintenance 156432 37 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 156433 35 STATE OF MINNESOTA Operating Supplies Fleet Services 156434 537 STEINER,SHARON Special Event Fees Red Hat 156435 161 TIMMER,RUTH ANN Memberships Community Center Admin 156436 395 UNIVERSITY OF MINNESOTA Conference Expense City Manager 156437 395 UNIVERSITY OF MINNESOTA Conference Expense City Manager 156438 395 UNIVERSITY OF MINNESOTA Conference Expense City Manager 156439 1,553 US POSTMASTER-HOPKINS Postage Water Accounting 156440 600 VOGEL'S EXOTIC ANIMALS SHOWS Other Contracted Services Sunbonnet Days 156441 160 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 156442 232 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 156443 252 AW WA CUSTOMER SERVICE Dues&Subscriptions Utility Operations-General 156444 3,855 CENTURYTEL Telephone Telephone 156445 158 COSTCO Miscellaneous Communication Services 156446 27 EDEN PRAIRIE NEWS Dues&Subscriptions Den Road Liquor Store 156447 100 FAGNANT,SUSAN Instructor Service Outdoor Center 156448 23 FEDEX KINKO'S OFFICE AND PRINT Printing Sewer Utility-General 156449 500 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 156450 410 FSH COMMUNICATIONS LLC Telephone Miller Park 156451 457 GE CAPITAL Other Rentals General 156452 113 GRAINGER Supplies-General Bldg Community Center Maintenance 156453 373 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 156454 43 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals 156455 30 IMATION IMAX THEATRE Special Event Fees Trips 156456 116 JUDLIN,JILL Insurance Risk Management 156457 1,395 KING,RUBY A Other Contracted Services City Manager 156458 111 KRESS,CARLA Mileage&Parking Senior Center Administration 156459 23,950 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council 156460 20 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council 156461 100 MAGC Conference Expense Communication Services 156462 222 MENARDS Small Tools Water System Maintenance 156463 15 MINNESOTA MUNICIPAL BEVERAGE A Conference Expense Prairie Village Liquor Store 156464 185 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 156465 3,250 MOODY'S INVESTORS SERVICE Bond Issue Costs CIP-Bonds 156466 440 OFFICE DEPOT CREDIT PLAN Office Supplies General 156467 963 PERSONNEL DECISIONS INTL Other Contracted Services City Manager 156468 252 PITNEY BOWES Office Supplies General 156469 30 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 156470 6 QWEST Telephone Prairie Village Liquor Store 156471 23 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 156472 1,598 STRATEGIC INSIGHTS INC Software Information Technology 156473 45 TIME WARNER CABLE Dues&Subscriptions City Council 156474 405 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 156475 134 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 156476 6,675 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 156477 8,495 DAY DISTRIBUTING Beer Prairie View Liquor Store 156478 2,872 EAGLE WINE COMPANY Wine Imported Prairie Village Liquor Store 156479 64 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 156480 601 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 156481 400 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 156482 110 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 156483 16,902 GRIGGS COOPER&CO Wine Domestic Prairie Village Liquor Store 156484 1,318 HOHENSTEINS INC Beer Den Road Liquor Store 156485 20,563 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 156486 107 M.AMUNDSON LLP Beer Den Road Liquor Store 156487 16,730 MARK VII Beer Prairie View Liquor Store 156488 265 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 156489 4,976 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 156490 7,138 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie View Liquor Store 156491 100 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 156493 17,283 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 156494 316 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 156495 14,944 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 156496 18,392 THORPE DISTRIBUTING Beer Den Road Liquor Store 156497 50 TRI COUNTY BEVERAGE&SUPPLY Operating Supplies Den Road Liquor Store 156498 974 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 156499 5,001 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 156500 56 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 156501 1,920 ARCH WIRELESS Pager&Cell Phone Wireless Communication 156502 137 AWWA CUSTOMER SERVICE Dues&Subscriptions Utility Operations-General 156503 358 BUNCH,DENISE H Other Contracted Services Fitness Classes 156504 217 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Council 156505 152 GERTZ,JOHN Operating Supplies Sunbonnet Days 156506 80 GOVERNMENT TRAINING SERVICE Conference Expense Finance 156507 47 KRAUSERT,ANGELICA Program Fee Fall Skill Development 156508 297 LORENZ,JOYCE Conference Expense Communication Services 156509 50 MASSAHOS,ASHLEY Other Contracted Services Liquor Compliance 156510 6 MENARDS Operating Supplies Park Maintenance 156511 125 MINNESOTA RECREATION&PARK AS Conference Expense Tree Disease 156512 66 NEWPAPER LLC Miscellaneous Communication Services 156513 84 ORCHARD,JOAN Lessons&Classes Ice Arena 156514 232 PETTY CASH-CARLA KRESS Operating Supplies Classes/Programs/Events 156515 325 TCALMC Licenses&Taxes Water Treatment Plant 156516 180 TIME WARNER CABLE Dues&Subscriptions City Council 156517 5,000 WELSH CONSTRUCTION LLC Deposits Perpetual Care Cemetary 156518 50 WOLFF,TIMOTHY Other Contracted Services Liquor Compliance 156519 3,502 4 WHEEL DRIVE CENTER,THE Machinery&Equipment Fire 156520 914 4IMPRINT Awards City Manager 156521 29 A RIFKIN CO Operating Supplies Elections 156522 806 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire 156523 2,762 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 156524 52 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 156525 128 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Den Bldg.-CAM 156526 555 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 156527 73 AFFILIATED EMERGENCY VETERINAR Other Contracted Services Animal Control 156528 606 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 156529 377 ALTERNATIVE BUSINESS FURNITURE Building Capital Impr./Maint.Fund 156530 28 AMERICAN MESSAGING Pager&Cell Phone Water System Maintenance 156531 1,392 AMERICAN SPECIALTY DOOR SYSTEM Equipment Repair&Maint Water Treatment Plant 156532 4,341 AMERICAN WATER WORKS ASSOCIATI Dues&Subscriptions Utility Operations-General 156533 219 ANCHOR PRINTING COMPANY Printing Fire 156534 176 ANDERSON,BRYAN E Other Contracted Services Softball 156535 200 ANIMAL PRODUCTIONS Other Contracted Services Outdoor Center 156536 34 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 156537 225 AUDIOVISUAL INC Video&Photo Supplies Communication Services 156538 215 AUTOMATED ENTRANCE PRODUCTS IN Building Repair&Maim. Den Road Liquor Store 156539 9,193 BARBER CONSTRUCTION Improvement Contracts Capital Impr./Maint.Fund 156540 50 BARNES,BELINDA A. Other Contracted Services Softball 156541 1,152 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 156542 54 BERRY COFFEE COMPANY Operating Supplies Elections 156543 228 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 156544 231 BOYER TRUCKS Equipment Parts Fleet Services 156545 28,089 BRENT ANDERSON CONSULTING Merchandise for Resale Water Metering 156546 201 BRO-TEX INC Equipment Parts Fleet Services 156547 1,353 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 156548 2,046 BUCK,NATHAN Other Contracted Services Softball 156549 7,666 BURTON EQUIPMENT INC Building Fire 156550 82 CAMPBELL KNUTSON,P.A. Legal WAFTA 156551 3,178 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 156552 1,606 CENTURY FENCE Contracted Striping Traffic Signs 156553 330 CHRISTIANSEN,MIKE Other Contracted Services Softball 156554 490 CIT Conference Expense Information Technology 156555 3,053 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Utility Operations-General 156556 216,005 CM CONSTRUCTION COMPANY INC. Building Fire Station#4 156557 721 COLOR PRINTING Operating Supplies Animal Control 156558 2,902 CORPORATE EXPRESS Office Supplies Fire 156559 63 COURTNEY TRUCK SERVICE Equipment Repair&Maint Fleet Services 156560 23 CRETEX CONCRETE PRODUCTS NORTH Repair&Maint.Supplies Storm Drainage 156561 27,000 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 156562 70 D GORING&ASSOCIATES INC Other Contracted Services Park Maintenance 156563 320 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 156564 1,406 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM 156565 41,871 DELANO ERICKSON ARCHITECTS Design&Engineering Park Acquisition&Development 156566 326 DELEGARD TOOL CO Equipment Parts Fleet Services 156567 220 DESAULNIERS,DAN Other Contracted Services Softball 156568 397 DIRECT SAFETY CO Safety Supplies Utility Operations-General 156569 23,515 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr-Tenant Direct Costs 156570 1,995 DNR Awards Softball 156571 25,890 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 156572 15 EDEN PRAIRIE APPLIANCE Safety Supplies Fleet Services 156573 6,366 EGAN OIL COMPANY Lubricants&Additives Fleet Services 156574 345 ELECTRIC MOTOR REPAIR INC Contract Svcs-HVAC City Hall-CAM 156575 50 ELVIN SAFETY SUPPLY INC Repair&Maint.Supplies Fire 156576 1,212 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage 156577 250 ESPRESSO MIDWEST INC Equipment Repair&Maint Fleet Services 156578 52 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Services 156579 404 FALCK,TIMOTHY R Other Contracted Services Broomball 156580 84 FELHABER,LARSON,FENLON&VOG Other Contracted Services Organizational Services 156581 70 FERRELLGAS Equipment Repair&Maint Fleet Services 156582 33,981 FINLEY BROS INC Seal Coating Park Maintenance 156583 893 FIRENET SYSTEMS INC Repair&Maint.Supplies Water Treatment Plant 156584 436 FISHER SCIENTIFIC Laboratory Chemicals Water Treatment Plant 156585 963 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services 156586 100 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 156587 766 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 156588 311 GRAINGER Small Tools Water System Maintenance 156589 251 GS DIRECT Operating Supplies Engineering 156590 675 GUARDIAN FIRE AND SAFETY Safety Supplies Fire 156591 51 GUNNAR ELECTRIC CO INC Repair&Maint.Supplies Park Maintenance 156592 3,500 HANSEN THORP PELLINEN OLSON Other Contracted Services Trails Referendum 156593 44,660 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 156594 16,102 HAWKINS INC Treatment Chemicals Water Treatment Plant 156595 168 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 156596 132 HENRY,PAUL Other Contracted Services Softball 156597 21 HILL,BRENDA L Other Contracted Services Softball 156598 367 HILLTOP TRAILER SALES INC Building Rental Prairie View Park 156599 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 156600 212 HOBART CORPORATION Contract Svcs-Garden Romm Garden Room Repairs 156601 88 HOLMES,TOM Other Contracted Services Softball 156602 10,416 HONEYWELL INDUSTRY SOLUTIONS Maintenance Contracts Water Treatment Plant 156603 3,621 HYDRO METERING TECHNOLOGY INC Repair&Maint.Supplies Water Metering 156604 128 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 156605 202 ICI DULUX PAINT CTRS Operating Supplies Utility Operations-General 156606 385 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 156607 1,296 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 156608 18 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 156609 345 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Utility Operations-General 156610 1,054 INFRATECH Equipment Parts Storm Drainage 156611 359 J P COOKE CO,THE Operating Supplies Animal Control 156612 975 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 156613 2,189 K&H OUTDOORS,INC Other Contracted Services Pleasant Hill Cemetary 156614 8,120 KEEPERS Clothing&Uniforms Fire 156615 72 KRAEMERS HARDWARE INC Small Tools Water Metering 156616 557 LAB SAFETY SUPPLY INC Safety Supplies Sewer Utility-General 156617 4,590 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#2 156618 2,607 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 156619 1,383 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Services 156620 142,983 LEAGUE MN CITIES INS TRUST Insurance Risk Management 156621 462 LIONS TAP Operating Supplies Fire 156622 16 LOES OIL COMPANY Equipment Repair&Maint Fleet Services 156623 1,939 LOVEGREEN INDUSTRIAL SERVICES Other Contracted Services Utility Improvement Fund 156624 2,100 MARTIN-MCALLISTER Legal Fire 156625 3,258 MASTER SPRINKLER SYSTEMS Improvement Contracts Park Acquisition&Development 156626 20,000 MELROSE NORTH PYROTECHNICS INC Other Contracted Services July 4th Celebration 156628 1,078 MENARDS Small Tools Water Metering 156629 15,156 METRO FIRE Small Tools Fire 156630 787 METROPOLITAN FORD Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 156631 854 MID-NORTHERN ELECTRIC Repair&Maint.Supplies Park Maintenance 156632 52,511 MIDWEST ASPHALT CORPORATION Improvements to Land Parks Referendum 156633 2,000 MIDWEST DESIGN CO Other Contracted Services Communication Services 156634 2,780 MIDWEST PLAYSCAPES Landscape Materials/Supp Park Maintenance 156635 2,988 MINNESOTA ATHLETIC Clothing&Uniforms Fire 156636 428 MINNESOTA CONWAY Equipment Testing/Cert. Fire 156637 490 MINNESOTA GLOVE INC Safety Supplies Fleet Services 156638 80 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 156639 65 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 156640 995 MTI DISTRIBUTING INC Equipment Parts Fleet Services 156641 289 MUNICIPAL EMERGENCY SERVICES Small Tools Fire 156642 649 NATIONAL WATERWORKS/HUGHES SUP Repair&Maint.Supplies Water Treatment Plant 156643 242 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 156644 619 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Water Distribution 156645 136 OLSEN COMPANIES Operating Supplies Park Maintenance 156646 334 OSI BATTERIES INC Equipment Parts Fleet Services 156647 529 PAM OIL INC Equipment Parts Fleet Services 156648 3,077 PARK NICOLLET CLINIC Other Contracted Services Risk Management 156649 268,994 PEARSON BROTHERS INC Seal Coating Street Maintenance 156650 1,338 PEPSI COLA COMPANY Merchandise for Resale Concessions 156651 33 POWERPLAN OIB Equipment Parts Fleet Services 156652 319 PRAIRIE LAWN AND GARDEN _ Operating Supplies Park Maintenance 156653 2,750 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 156654 7,495 QUALITY FLOW SYSTEMS INC Repair&Maint.Supplies Sewer Liftstation 156655 800 RAY,LEE Other Contracted Services Softball 156656 278 REED BUSINESS INFORMATION Advertising Utility Improvement Fund 156657 484 REID,DEVIN M Other Contracted Services Softball 156658 763 RELIAKOR SERVICES Other Contracted Services Park Maintenance 156659 10,830 RENEWAL BY ANDERSEN Other Contracted Services Rehab 156660 58 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 156661 101 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 156662 42 SCHMIDT,KURT Other Contracted Services Softball 156663 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 156664 5,148 SHORT ELLIOTT HENDRICKSON INC Building Fire Station#4 156665 37,687 SIGNSOURCE Awards City Manager 156666 1,108 SNAP-ON TOOLS Small Tools Sewer Liftstation 156667 2,210 SOUTHWEST PAVING,INC Other Contracted Services Rehab 156668 741 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources 156669 280 SPIRIT APPAREL&STUFF Operating Supplies Fitness Classes 156670 1,826 SPORTS WORLD USA INC Recreation Supplies Softball 156671 102 SPS COMPANIES Supplies-Plumbing Public Works/Parks 156672 1,127 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund 156673 5,966 STREICHERS Operating Supplies Police 156674 35 SUBURBAN CHEVROLET Equipment Parts Fleet Services 156675 714 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 156676 200 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 156677 264 TABER INC CATERING Training Supplies Organizational Services 156678 496 TESSMAN SEED CO Chemicals Park Maintenance 156679 1,150 THE TREE&STUMP CO Improvement Contracts Park Acquisition&Development 156680 80,904 THREE RIVERS CONSTRUCTION Improvement Contracts Improvement Projects 1996 156681 2,157 TIMBERWALL LANDSCAPING INC Landscape Materials/Supp Street Maintenance 156682 1,361 TIME INC Awards City Manager 156683 619 TKE CORP Maintenance Contracts Water Treatment Plant 156684 464 TOWN AND COUNTRY DODGE Equipment Repair&Maint Fleet Services 156685 1,757 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 156686 250 TRUGREEN CHEMLAWN MTKA Other Contracted Services Park Maintenance 156687 966 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 156688 1,171 UNITED RENTALS Improvements to Land Parks Referendum 156689 17,565 VALLEY RICH CO INC Other Contracted Services Water System Maintenance 156690 7,067 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General 156691 4,074 VESSCO INC Equipment Parts Water Treatment Plant 156692 16,922 VRV BUILDERS Other Contracted Services Rehab 156693 4,860 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 156694 1,786 WATSON CO INC,THE Merchandise for Resale Concessions 156695 184 WEMYSS,SCOTT Operating Supplies Fire 156696 3,843 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 156697 375 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 156698 713 WIGLEY AND ASSOCIATES Software Information Technology Check# Amount Vendor/Explanation Account Description Business Unit 156699 212,885 WM MUELLER AND SONS INC Asphalt Overlay Street Maintenance 156700 7 WOLF CAMERA Printing Utility Operations-General 156701 2,103 WORK CONNECTION,THE Other Contracted Services Park Maintenance 156702 41 YAHOO! Other Contracted Services Police 156703 5,942 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 156704 198 ZOELLNER,MARK Other Contracted Services Softball 2,501,002 Grand Total City of Eden Prairie Council Check Summary 9/19/2006 Division Amount General 27,690 100 City Manager 7,672 101 Legislative 29,464 102 Legal Counsel 35,910 110 City Clerk 248 111 Customer Service 4,390 112 Human Resources 756 113 Communication Services 3,174 114 Benefits&Training 2,165 115 Risk Management 147,501 116 Facilities 22,676 117 City Center 20,540 131 Finance 1,263 132 Social Services 6,250 133 Planning 1,427 135 Information Technology 6,929 136 Wireless Communication 1,920 137 Economic Development 100 150 Park Administration 520 151 Park Maintenance 67,591 153 Organized Athletics 8,812 154 Community Center 6,604 156 Youth Programs 750 157 Special Events 20,143 158 Adult Recreation 939 161 Oak Point Pool 1,296 162 Arts 3,316 163 Outdoor Center 4,198 180 Police 27,275 183 Emergency Preparedness 67 184 Fire 34,411 185 Animal Control 2,815 186 Inspections 126 200 "Engineering 1,369 201 Street Maintenance 492,049 202 Street Lighting 58,437 203 Fleet Services 66,980 204 Equipment Revolving 32,236 301 CDBG 29,997 303 Cemetary Operation 460 304 Senior Board 129 314 Liquor Compliance 100 315 Economic Development 948 316 WAFTA 82 317 Eden Prairie Players 179 418 HRA 2002A Lease Revenue Bonds 1,050 502 Park Development 19,230 503 Utility Improvement 4,219 506 Improvment Bonds 1996 80,904 509 CIP Fund 58,495 511 Construction Fund 2,992 515 Fire Station#4 221,154 519 Community Center Referendum 15,288 520 Parks Referendum 84,926 521 Trails Referendum 171 601 Prairie Village Liquor 80,579 602 Den Road Liquor 130,231 603 Prairie View Liquor 79,122 605 Den Road Building 733 701 Water Fund 201,826 702 Sewer Fund 13,290 703 Storm Drainage Fund 13,073 801 Perpetual Care Cemetary 5,000 803 Escrow Fund 4,193 807 Benefits Fund 302,620 Report Totals 2,501,002 CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott H.Neal, City Manager Prosecution Services Requested Action Move to: Appoint Gregerson,Rosow,Johnson&Nilan to serve as the City's official criminal prosecutor for a term of three years, beginning January 1, 2007, and ending January 31,2009. Synopsis See attached Memorandum 2006-16, dated September 12, 2006, for a detailed synopsis, background, and recommendation on this item. Attachments • Memorandum 2006-16 • Prosecuting Attorney Services Project—2006 Update • Letter of recommendation from Cornerstone • Letter of recommendation from Hennepin County Department of Corrections Office of the City Manager I Memorandum#2006-016 ` x DATE: September 12,2006 TO: Mayor and City Councilmembers 1 FROM: Scott H.Neal,City Manager RE: City Prosecutor Selection Process and Recommendation At your January 3,2006,meeting,the City Council had an extensive discussion about how it wanted City staff to analyze and present information concerning the appointment of a City Prosecutor. The Council concluded its discussion with a motion that was approved on a vote of 4-1 that read as follows: "Move to appoint Mr. Richard Rosow of the law firm of Gregerson,Rosow,Johnson and Nilan as the City Attorney for 2006;and to direct Staff to proceed with due diligence to issue an RFP to handle City prosecution on both a contract and in-house basis, and to report back to the Council as soon as practicable." This memorandum is the report requested in the aforementioned motion. In this memorandum I will explain the analysis staff used to review the estimated cost of two different models of operating a City Prosecutor's Office: Operating Model l: The City establishes a new staff-based City Prosecutor's Office and hires new City employees to staff the office. Operating Model 2: The City engages the services of a private attorney to provide the City with contract legal services for our criminal prosecution needs. Operating Model 1: Staff-Based Prosecutor City staff has previously evaluated and reported to the Council its findings concerning the feasibility and advisability of establishing a Staff-Based Prosecutor model in 2004 and again in 2005. In order to evaluate this model for this report,Assistant to the City Manager,Mr.Michael Barone updated the report again for 2006. A copy of the report is included as an attachment to this memorandum. CMM2006016—Selection of Prosecuting Attorney Page 2 The 2006 Report evaluates three modes of acquiring City Prosecution services:cities with staff- based City Legal Departments doing both criminal prosecution and civil legal services;an example of a city(Elk River)which out-sources its civil legal services needs to a private law firm, but has recently established a staff-based City Prosecutor's Office;and several examples of cities which out-source to private law firms both their criminal prosecution and civil legal services needs. The final section of the 2006 report estimates the costs of establishing a staff-based City Prosecutor's Office within the City of Eden Prairie's city government structure based on our City's operating practices and principles. The City Council's previous discussion on this matter,and its explicit direction to me on January 3,2006,was to evaluate an operating model for legal services in which the City continues to out- source its civil legal services needs with the current City Attorney,but establishes a staff-based City Prosecutor's Office.This is the model employed by the City of Elk River. The 2006 Report cost estimates for establishing a staff-based City Prosecutor's Office are based on our staff s analysis and discussions with officials from Elk River. In Elk River,the City uses 2.60 FTE's to staff its City Prosecutor's Office. Our cost estimate for establishing the same office in Eden Prairie city government is 2.50 FTE. Elk River's annual 2006 budget for its City Prosecutor's Office is$242,450. Their annual budget is comprised of$184,050 in personnel costs and$58,400 of reoccurring annual operating costs. Annual reoccurring operating costs represent 24%of the City Prosecutor's Office 2006 annual budget in Elk River. In Eden Prairie,we are estimating that our annual 2007 budget for a City Prosecutor's Office would be$220,625. We believe this total would be comprised of$191,525 in personnel costs and $29,100 in annual reoccurring operating costs. Annual reoccurring operating costs represent 13%of total estimated operating costs in the Eden Prairie estimate. The report also estimates that the City would incur$22,500 in non-reoccurring capital costs to set up an office environment for the City Prosecutor's Office in Eden Prairie. This estimate is based on our actual incurred costs of setting up offices here in City Center. The estimate of the start-up capital costs has not been calculated into the cost comparison between Elk River's actual 2006 budget and Eden Prairie's estimated 2007 budget. I believe the cost estimate for establishing a City Prosecutor's Office here in Eden Prairie is a reliable estimate. Its proposed staffing levels are based not only on the actual experience in Elk River,but also on staff discussions with Minnetonka,Bloomington and Coon Rapids. Its personnel costs are based on the best available projections of where the respective prosecution staff members would be placed in the City's official City Employee Pay Plan. Its estimated non- reoccurring annual operating costs are based on internal estimates and are 11%lower than those actually incurred in Elk River. The City's estimate of the 2007 annual operating costs of establishing a staff-based City Prosecutor's Office is $220,625. The estimate of our projected operating costs is$21,825 less than the actual 2006 costs incurred by a similar sized operation in Elk River. During the staff s CMM2006016—Selection of Prosecuting Attorney Page 3 research in t o our current rosecutor, c to this subject,we had the opportunity to analyze the costs f o , 7 PP h' Y P as well as those of two other private law firms who submitted proposals in response to City s Request for Proposal(RFP). The comparison of those projected annual 2007 costs is as follows: Rondoni&Schneider Proposal $120,000 Campbell,Knutson Proposal $195,500 City Staff-Based Proposal $220,625 Gregerson,Rosow Proposal $240,000 Elk River Staff-based $242,450 I will provide more context to the three private law firm RFP responses in the next section of this report. I share them in this section of the report to provide a basis of comparison for the Council that demonstrates that our cost estimate of establishing the proposed Staff-Based City Prosecutor's Office is both reasonable and reliable based on comparisons to a City with actual cost experience and with three cost proposals to provide a similar service level from private law firms. Operating Model 2: Out-Sourced Prosecutor The City currently fulfills its criminal prosecution legal services needs through an agreement with the private law firm of Gregerson, Rosow,Johnson&Nilan (GRJN). The City entered into a new cost containment agreement with GRJN in 2006 that fixed our normal monthly cost at $20,000. We pay hourly fees for time spent in jury trials and actual costs for out-of-pocket expenses. The City's projected criminal prosecution costs for 2006 are$251,000. To evaluate this model staff decided to carry out a formal Request for Proposals RFP Process in order to get reliable market-based costs. The RFP process was organized and managed very capably by Police Department Projects Coordinator Sonja Ritchie Roy. The City received seven proposals in response to our RFP. I reviewed the seven proposals and advanced three of them to the interview phase based on the overall quality of their proposal and relevance of their experience to our setting. The three firms advanced to the interview phase were: 1. Gregerson,Rosow,Johnson&Nilan 2. Campbell,Knutson 3. Rondoni&Schneider The interviews were conducted by two teams. The first team consisted of Councilmembers Brad Aho and Sherry Butcher, Finance Manager Sue Kotchevar,Building Official Kevin Schmieg,and me. The members of the second team,which consisted of representatives from the Police Department,were Chief Dan Carlson,Sgt.Bill Wyffels,Detective Dean Corder,Officer Linda Williams,and Records Supervisor Sandy Mitchell. CMM2006016—Selection of Prosecuting Attorney Page 4 The representatives of the law firms were interviewed by both interview teams. The interviewers asked questions to assess the firms'legal philosophy,workload distribution,methods for measuring success,work with victim advocacy groups, etc. At the conclusion of each interview, each interview team member rated each law firm on eight factors on a scale of 1-5 (5 is best). I processed the ratings at the conclusion of the interview day. The findings are summarized as follows: 1. In the first team,the Gregerson Rosow firm was rated highest with an average base rating among the five team members of 36.4. Campbell Knutson was next at 35.2. Rondoni& Schnieder's average score was 31.6. 2. In the second team,Gregerson Rosow also obtained the highest rating at 37.6. Campbell Knutson was rated second at 30.6. Rondoni&Schneider ranked third at 29.6. 3. The gap (1.2 points) in rating points from the first ranked to the second ranked firm in the first team's ratings was not significant. The gap (7.0 points)between the first and second ranked firms in the second team,however,was significant. I interpret this finding as a demonstration of a strop reference for the Gregerson Rosow firm among the Police strong g g Department interview team. 4. Of the ten people who participated on the two interview teams,eight of them ranked Gregerson Rosow as their top rated firm. The other two interviewers ranked them as their second rated firm. While we did not design this process to turn on the ratings used by the interview teams,we should also not ignore this information. Clearly,the collective preference of the ten people who read the proposals and interviewed the three finalist law firms was that the law firm of Gregerson, Rosow,Johnson&Nilan was the preferred choice to provide the City with criminal prosecution services on an out-sourced basis. City Manager's Recommendation The appointment of the City Attorney in a Plan B Minnesota city requires the city Manager to recommend a candidate to the Council for appointment. The Council has the discretion and authority to approve or reject the City Manager's recommendation. In forming a recommendation for the Council on this matter I have considered four important factors: 1. Cost 2. Resources 3. Interview Team Input 4. Experience &Performance CMM2006016—Selection of Prosecuting Attorney Page 5 Cost- Staff has analyzed the estimated 2007 costs of five different operating scenarios for the City to obtain the criminal prosecution services it needs. Those five operating scenarios fall under the two different operating models: Staff-Based Prosecutor or Out-Sourced Prosecutor. The summary of the cost proposals is as follows: Out-Sourced Prosecutor Model Staff-Based Prosecutor Model Rondoni&Schneider Proposal $120,000 City Staff-Based Proposal $220,625 Campbell,Knutson Proposal $195,500 Elk River Staff-Based $242,450 P Gregerson,Rosow Proposal $240,000 Costs vary substantially within the firms interviewed in the Out-Sourced Prosecutor Model process. Costs are comparable for the two Staff-Based Prosecution Model examples. Resources-The City Council adopted a preliminary tax levy on September 5,2006,that is based on a General Fund budget of$33,960,021. This proposed 2007 General Fund budget includes a line item of$249,850 for out-sourced criminal prosecution legal services. This is evidence that the City has sufficient resources in its proposed 2007 budget to choose any of the five proposals from a cost perspective. Interview Team Input- The interview team members were not provided with the cost proposals from the three firms being interviewed. Their ratings and rankings are based only on the quality of the proposals and performance in the interviews. I have reviewed the ratings,rankings and interviewer notes. There is no question in my mind that both interview teams expressed a clear preference for the Gregerson Rosow firm. Experience&Performance- The seven law firms that submitted responses to the City's RFP were all qualified to provide the City with the criminal prosecution legal services it needs. The three finalist firms who were asked to interview were,in my judgment,the firms that had the best potential"fit"for our organizational needs. Rondoni is a small firm with a limited client base. Campbell Knutson is a large firm with a large list of municipal clients. Gregerson Rosow is somewhere in between these two. All three are capable of supplying our needs. We have many years of positive first hand experience with Gregerson Rosow. In May 2004 the City conducted a survey of Police Department staff to assess their satisfaction with the services provided b Gregerson Rosow. participated in the p y g The officers and civilian personnel who p survey gave Gregerson Rosow remarkably high ratings for customer service,law enforcement training,case preparation,and court room performance. I have also attached two unsolicited letters of support for the Gregerson Rosow firm from Cornerstone and the Hennepin County Department of Community Corrections. I cannot ignore our past experience with Gregerson Rosow in coming to my recommendation on this matter. CMM2006016—Selection of Prosecuting Attorney Page 6 Recommendation-My recommendation to the City Council is to appoint the Gregerson Rosow firm to serve as the City's official criminal prosecutor. My recommendation to select Gregerson Rosow for a new term as our criminal prosecutor for a term of three years beginning January 1, 2007,and ending December 31,2009,is based on the following factors: 1. Our past experience with Gregerson Rosow as our criminal prosecutor is very good. Past experience is the best predictor of future performance. 2. Gregerson Rosow's proposed cost structure for 2007 is within our budgeted resources. 3. The cost estimate of establishing an in-house Staff-Based City Prosecutor's Office shows that this option does not provide significant cost savings compared to outsourcing. 4. The costs of the City's current Out-Sourced City Prosecutor are comparable to the costs incurred in other comparable cities in the Twin Cities metro area for their out-sourced prosecutors. 5. The impact of the possible cost savings available to our taxpayers is negligible. I asked Sue Kotchevar to calculate the taxpayer impact of choosing the lowest cost service provider-the Rondoni firm's proposal to provide service to us for$120,000. If the Council selected this option-which is the maximum cost savings option-the tax savings in 2007 for the median residential taxpayer($362,200)would be$4.00 for the year. For the median apartment building owner($5,000,000),the 2007 savings would be $74 for the year. And for the median Commercial/Industrial property owner ($2,000,000)the 2007 tax savings would be$30 for the year. In my judgment,the tax savings created by choosing the lowest cost service provider do not justify its selection on that basis alone. 6. The two interview teams both expressed a strong preference for the Gregerson Rosow firm. 7. The Police Department sworn and civilian staff members express a high level of support for the City's current relationship with the Gregerson Rosow firm. They have a strong preference to retain Gregerson Rosow as the City's criminal prosecutor. I am convinced this recommendation represents a good value for the City. I ask for the Council's confirmation of my recommendation at the September 19,2006, Council meeting. Prosecuting Attorney Services Project — 2006 Update City of Eden Prairie Michael Barone,Assistant to the City Manager September 12, 2006 Project Update & Overview An update to the two previous Prosecuting Attorney surveys was requested in August 2006 by the City Manager. Previous surveys on this topic were done in May 2004 and November 2005. All the Municipal Legislative Commission(MLC) cities were included in the survey. Cities were asked for information in regards to their total legal services, and the amount specifically budgeted for criminal prosecution attorney services. Also,there are three cities surveyed that have"in-house"or staff-based legal services that have been a part of previous surveys;the City of Minnetonka, the City of Bloomington, and the City of Coon Rapids. The City of Eden Prairie contracts with the firm of Gregerson, Rosow,Johnson&Nilan, Ltd., for both its civil and prosecution legal services. Cities with Staff-based Legal Services Three cities have"in-house"or staff-based legal departments as part of their City organization structure, and they are Minnetonka,Bloomington, and Coon Rapids. Two of the three cities, Minnetonka and Bloomington, are members of the MLC. City of Bloomington The City of Bloomington(population 84,347) is staffed with 12.00 FTE's in their Legal department. The staff is led by the City Attorney,who is the department head for the Legal department. They have four Associate City Attorneys (ACA's)that handle criminal prosecution, and three Associate City Attorneys(ACA's)that work with the City Attorney to provide `civil' based legal advice. The staff also includes two Legal Secretaries and two Office Assistants. The City Attorney and all seven Assistant City Attorney's are"exempt"in job status; and the two Legal Secretaries and the two Office Assistants are all"non-exempt"in their job status. Even though they share the same title of Associate City Attorney at the City of Bloomington,these are distinct jobs with distinct salary ranges between the Civil-based and Prosecution-based Attorney positions. -1- Bloomington Positions Salary Range 2006 Salary Yrs in position City Attorney(1.0 FTE) $105,000 - $132,000 $121,713 32�rs ACA-Civil(3.0 FTEs) $69,115 - $94,794 (1) $95,006 32 yrs (2) $91,571 15 yrs (3) $76,441 6 yrs ACA-Prosecution(4.0 FTEs) $51,058 - $70,208 (1) $64,928 6 yrs (2) $62,250 6 yrs (3) $60,647 4 yrs (4) $60,647 2 yrs Legal Secretaries (2.0 FTEs) $42,436 - $57,886 (1) $51,802 27 yrs (2) $50,505 16 yrs Office Assistant(2.0 FTEs) $36,697- $45,067 (1) $41,671 5 yrs (2) $40,457 7 months City of Minnetonka The City of Minnetonka(population 51,657) is staffed with 6.00 FTE's in their Legal department. A slight restructuring at the beginning of 2005 increased the legal department in size from 5.30 FTE's to the current 6.00 FTE's. The staff is led by a City Attorney, who is the department head for the Legal department. They have two other attorneys, one is an Associate City Attorney,who has some supervisory authority, and the other is an Assistant City Attorney,who does not have any supervisory authority. The Associate City Attorney supervises the Assistant City Attorney and the Legal Administrative Coordinator(akin to a Paralegal). Also on staff is an Administrative Assistant-Legal, and a Legal Secretary. Both the Associate City Attorney and the Assistant City Attorney do Prosecution as their main duty. The City Attorney, as well as the other two Attorney's, are"exempt" in job status, and the Legal Administrative Coordinator,Administrative Assistant-Legal, and the Legal Secretary are"non-exempt"in their job status. Minnetonka employs two prosecutors because they `contract-out' some prosecution services to two small neighboring communities, Minnetrista and St. Bonifacius. To offset the cost of employing these attorneys in 2006,Minnetonka will receive$62,911 in fees combined from Minnetrista($44,645)and St.Bonifacius($18,266) for doing so. Minnetonka Positions Salary Range 2006 Salary Yrs in position City Attorney(1.0 FTE) $100,626 - $111,806 $111,806 22 yrs Assoc. City Att'y(1.0 FTE) $82,804 - $92,005 $89,704 14 yrs Assist. City Att'y(1.0 FTE) $72,162 - $80,179 $76,170 6 months Legal Adm. Coord. (1.0 FTE)$47,089 - $52,322 $52,322 26 yrs Legal Assistant(1.0 FTE) $41,843 - $46,492 $44,158 10 yrs Legal Sec'y(1.0 FTE) $36,617 - $40,685 $37,634 5 months 2 City of Coon Rapids The City of Coon Rapids(population 63,480) is staffed with 6.00 FTE's in their Legal department. The staff is led by a City Attorney,who is the department head for the Legal department. They have two Assistant City Attorneys, a Legal Secretary, a Legal Assistant, and an Administrative Secretary III position. The City Attorney and the two Assistant City Attorney's are"exempt" in job status, and the Legal Secretary,the Legal Assistant, and the Administrative Secretary III are"non-exempt"in their job status. Coon Rapids Positions Salary Range 2006 Salary Yrs in position City Attorney(1.0 FTE) $86,902 - $108,638 $94,494 2 yrs max of$115,149 possible with 6% merit pay Assist. City Att'y (2.0 FTEs) $73,653 - $92,082 (1) $87,090 22 yrs (2) $82,368 2 yrs max of$97,606 with possible 6%merit pay Legal Ass't(1.0 FTE) $41,850 - $52,333 $49,504 5 yrs max of$55,473 with possible 6%merit pay Adm. Sec'y III (1.0 FTE) $39,499 - $49,358 $56,264** 20 yrs max of$52,319 with possible 6%merit pay Legal Sec'y(1.0 FTE) $36,504 - $45,635 $40,830 3 yrs max of$48,373 with possible 6%merit pay **Note on salary for Adm. Sec's When Coon Rapids re-evaluated their compensation plan a few years ago, this incumbent, due to longevity in the position,was "grandfathered" in at this salary rate. This anomaly will end when the incumbent quits or retires. Partial In-House/Contracted Legal Services —Elk River Elk River is located 35 miles northwest of Minneapolis, and is the county seat of Sherburne County with a population of 21,548 (League of Minnesota Cities estimate). Elk River is located in the southwest corner of Sherburne County near the borders of both Wright County and Anoka County. In 2003, the City of Elk River changed from contracted Prosecuting Attorney services to an"in-house"or staff-based format for these services. Prior to 2003,Elk River had their prosecution services done by the Sherburne County Attorney's office, and money generated by ticket and fines revenue were used to pay for the County Attorney's office to do prosecution, about$155,000 - $160,000 per year. Currently on staff in Elk River are the following: City Prosecutor 1.00 FTE Legal Secretary 1.00 FTE Administrative Assistant 0.50 FTE Intern 0.10 FTE 2.60 FTE -3- Elk River began with just 2.0 FTE's total back in 2003, with just the City Prosecutor and the Legal Secretary positions as full-time, with no part-time positions. They added the 0.5 FTE for the part-time Administrative Assistant in 2006, along with the 0.1 FTE Intern position. The intern position had been used in prior years, but they didn't put it in the budget until 2006. The total budget for the Prosecuting/Legal department at Elk River for 2006 is $242,450. Of that total, $184,050 (75.9%of the total budget) is budgeted for all personnel services, which includes regular pay for full-time employees, part-time and overtime pay, employee pensions and employee benefits. The Elk River City Prosecutor is paid approximately$82,000 in 2006. With the total budget for 2006 at$242,450, and the money generated by ticket and fines revenue for 2006 expected to be near$170,000, about$72,000- $73,000 is needed from the City budget to cover the remaining costs to operate the Prosecution area in 2006. Contracted Prosecuting Attorney Services in Other Cities Information on other local municipalities for 2005 budgeted amounts for all legal services and prosecution services. Population information is from the 2005 estimates as reported P P P b the y Metropolitan Council on April 1, 2005. Amount Budgeted in 2006 for: City(2005 population) All Legal Services Prosecution Services Apple Valley(48,988) $413,300 ...... $256,045 (62.0%of total) Burnsville(61,262) $410,000 ...... $260,000 (63.4%of total) Eagan(66,709) $400,700 ...... $214,000 (53.4%of total) Eden Prairie(60,955) $400,000 ...... $255,000 (63.8%of total) Edina(47,448) $430,000 ...... $270,000 (62.8%of total) Maplewood(36,279) $303,420 ...... $117,900 (38.9%of total) Maple Grove(58,420) $300,000 ...... $195,000 (65.0%of total) Plymouth(70,455) $400,400 ...... $257,500 (64.3%of total) Shoreview(25,964) $94,500 ...... $50,000 (52.9%of total) Woodbury(54,091) $255,700 $184,700 (72.2%of total) Total= $3,408,020 Total=$2,060,145 (60.4%of total) Average=$340,802 Average=$206,015 Estimated Costs for `In-house' Prosecution services in Eden Prairie Information was presented by the City Manager to the City Council as item XIII.B.I in the January 3, 2006 City Council packet, under the Report of the City Manager, as background information in the Synopsis section. Information on salary and benefits was done by Sonja Ritchie-Roy of the Police department, Tammy Wilson in the Finance division, and Christine Ruzek in the Human Resources division in late December 2005. They projected costs for 2006 wages and benefit with preliminary data, especially for the cost of benefits, since the benefit year for Eden Prairie runs from June 1 through May 31 -4- for any given year. The total cost estimated in January 2006 was $201,711 for wages and benefits for the 2.50 FTE's. After conversations with all three people just mentioned,plus a discussion with Karen Kurt,Human Resources Manager, I have updated the costs for the 2.50 FTEs (1.50 FTEs for Prosecuting Attorney services and 1.00 FTE for a Legal Secretary). Without determining job descriptions in advance, and looking at salary and benefit information from the other cities,this is our best estimate for staffing these positions internally. PROPOSED Eden Prairie Positions Salary Range 2006 Target Salary Assoc. City Att'y(1.0 FTE) $62,774 - $87,880 (Perf. Range 5) $75,338 Ass't City Att'y(0.5 FTE) $59,238 - $82,950(Perf Range 4) $71,094 Legal Sec'y(1.0 FTE) $36,691 - $46,446 (Step Range 4) $41,829 Position Associate Assistant Legal City Attorney City Attorney Secretary Total _ (1.00 FTE) (0.50 FTE) (1.00 FTE) Cost Wages $75,338 $35,547 $41,829 Benefits Health $6,779 $6,779 Dental $833 $833 Life $41 $41 Disability $219 $103 $122 PERA $4,520 $2,133 $2,510 SS/Medicare $6,856 $3,235 $3,806 Total Benefits Costs $19,249 $5,471 $14,091 Total Wages and Benefits $94,587 $41,018 $55,920 $191,525 Non-Reoccurring Capital Costs Annually Reoccurring Operating Costs (Office set-up) Office supplies $4,000 Office set-up $9,500. Postage $6,000 ...... Computers $7,500. Dues, Memberships $2,500 ...... Office Equipment $2,500. Travel&Training $3,000 ...... Recruitment $3,000. Books, Manuals, etc $2,400 ...... Total = ...... $22,500 IT support $1,200 ...... ...... ...... Contract services $10,000 ...... ...... Total= $29,100 Combining the total wages&benefits (based on 2006 figures), and including the annually reoccurring operating costs, yields a total cost for operating a Legal division of 2.5 FTE's employees at$220,625 in 2007. -5- Population of Municipal Legislative Cities 2000 04-2005 Pop'] %Pop'l Ci1y Census MC ■ change change Apple Valley 45,527 48,988 3,461 7.60% Bloomington 85,172 84,347 -825 -0.96% Burnsville 60,220 61,262 1,042 1.73% Eagan 63,557 66,709 3,152 4.96% Eden Prairie 54,901 60,955 6,054 11.03% Edina 47,425 47,448 23 0.05% Maple Grove 50,365 58,420 8,055 15.99% Maplewood 34,947 36,279 1,332 3.81% Minnetonka 51301 51657 356 0.69% Plymouth 65,894 70,455 4,561 6.92% Shoreview 25,924 25,964 40 0.15% Woodbury 46,463 54,091 7,628 16.42% Totals 631,696 666,575 34,879 5.52% KEY: ■ 2005 population information is from the Metropolitan Council,and are estimates of population as of April 1,2005. -6- July 11,2006 STONE 1000 East Both Street Sonya Ritchie Roy Bloomington,MN 55420 Project Coordinator Business 952.884.0376 Eden Prairie Police Department Fax 952.884.2135 8080 Mitchell Road www.cornerstonemn.org Eden Prairie,MN 55344 Dear Ms.Roy, It has come to our attention that Eden Prairie will soon be selecting a City Attorney. We hope you will allow us to submit this unsolicited letter of recommendation in favor of Jennifer Inz. Cornerstone has worked in concert with Jennifer for over 14 years in the prosecution of domestic assaults in your city. Our agency has the utmost respect for Jennifer and her work as an attorney. We have found her to be dependable,ethical,professional,and above all,committed to•seeing that those who commit crimes are prosecuted to the fullest extent. Cornerstone is the domestic violence prevention and intervention agency serving residents of the South Metropolitan area of Hennepin County. Our programming includes legal advocacy and supportive services for adults and youth.Our client demographics are varied. We serve all ages, races,ethnicities,religions,sexual orientations,and genders. We also work with clients of varied physical and mental abilities. Many of our clients ultimately interface with Jennifer.Some are more than frustrated to be in Court. She willingly communicates with clients and treats them with dignity,assuring that they are given the opportunity to vent if they wish. Regardless of the level of the crime,Jennifer approaches each and every case with gravity. She has taken the time to learn about the issues involved in working with domestic violence. She understands the nuances of these cases and she takes the time to make thoughtful charging and prosecuting decisions. Jennifer is principled and has very clear boundaries with the defense attorneys which we greatly appreciate. It is also our observation that Jennifer works well with the Eden Prairie Police Department. We have always been impressed with the working relationship that seems to exist between the two. In closing,we would like to emphasize one last time how highly we view Jennifer. Our staff are with her in the Courtroom every week and see her in action. She understands the issues,she takes the time to talk to those involved,she speaks to citizens with respect,and she makes informed decisions. If we were Eden Prairie officials,Jennifer is exactly who we would choose to represent our city. Thank you— Sincerely, Susan Neis Amy Kondziolka Executive Director Community Program Manager IV a z Hennepin County Department of Community Corrections Adult Field Services 612-348-4770, Phone 1315 Penn Avenue North 612-348-4909, Fax Minneapolis, MN 55411 www.co.hennepin.mn.us August 15, 2006 Sonya Ritchie Roy Project Coordinator Eden Prairie Police Department 8080 Mitchell road Eden Prairie, MN 55344 RE: Jennifer Inz Dear Ms. Roy: I am writing in support of Jennifer Inz and the contracted prosecutorial services she provides for the City of Eden Prairie. I have known Ms. Inz for a number of years, and worked closely with her on many of the aspects of the Coordinated Community Response to Domestic Violence in the Fourth Judicial District. I served with her on the Executive Committee of the Family Violence Coordinating Council, and most recently the Criminal Committee of the Council, as well as numerous ad hoc projects and committees with respect to suburban case processing issues and domestic violence practice. Her participation in these venues has been very valuable, and her contribution has been significant. She is a competent, thoughtful and conscientious prosecutor with the"insider" skills to get her work done in the most efficient manner possible. These skills also give her the foundation to try innovative measures and assist others. She has superb knowledge of the various functions in our complex criminal justice system, and is known and respected by all. She is a leader in addressing,systems issues with respect to suburban.prosecution of cases, and is involved with the Suburban Prosecutors Association. She is a problem solver, does not hide from the tough issues, and is willing to collaborate with other members of the criminal justice response as necessary. Her pride in Eden Prairie is evident in her comments and work, which she refers to as "my city". Thank you. Sincere y, Nancy Halverson Corrections Unit Supervisor 612-348-2901 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Robert A. Lambert, Director Parks and Recreation Policy for Community Use of Parks and Recreation Rental Facilities Requested Action Move to: Approve the policy titled"Guidelines for Community Use of Park and Recreation Rental Facilities" Synopsis The City has developed policies over the years for the use of City facilities. As these facilities and trail have expanded,use from groups outside the City of Eden Prairie has increased. The policy proposed is based on the philosophy that: 1. These facilities are subsidized by the citizens of Eden Prairie and therefore should be reserved for use by those individuals and businesses that pay taxes in Eden Prairie. 2. Taxpayer subsidized Park and Recreation facilities were not constructed for the purpose of fundraising for individuals or businesses. Fundraising can only be used on these public facilities for Eden Prairie-based,non-profit, public service organizations. Background These policies and guidelines have been developed over the last twenty-five years and are consistent with the philosophical basis of the `Guidelines for Priority Use of Public Facilities' that was developed for use of outdoor athletic facilities. At the September 11 meeting,the Parks, Recreation and Natural Resources Commission recommended this revised policy. The results of the changed policy would eliminate all walks, runs and other fundraisers by any organization that is not based in Eden Prairie. It also gives a two week priority for reservations of park shelters and trails for walks and runs at the beginning of the year to Group 2(Eden Prairie based non-profit groups)over Group 3,Eden Prairie individuals and businesses. The Eden Prairie arks stem has a reputation for providing a wide variety of well maintained P Y p p g recreation facilities.Many private groups and organizations from outside the City of Eden Prairie take advantage of this park system at no cost because they rely on the `first come, first served' policy for use of public parks. This policy does not cover those uses.The Parks,Recreation and Natural Resources Commission will be making a recommendation on that issue in the near future. Attachments Guidelines for Community Use of Park and Recreation Rental Facilities Approved by Eden Prairie City Council on POLICY GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES City facilities are operated by the City of Eden Prairie under the following policies and guidelines adopted by the Eden Prairie City Council on . The Council recognizes the value of these facilities being available to serve Eden Prairie residents, civic and religious groups, and businesses. PURPOSE AND INTENT The intent of this policy is to promote regular and active use of the facilities. It outlines scheduling procedures, rental classification, charges, and sets rules and regulations for use of the facilities. Charges and/or user fees are based on staffing, set-up, and maintenance costs, as well as market rates for similar facilities. The City of Eden Prairie does not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability in the admission or access to programs, services, activities, or employment. I. Rental Classifications Group 1: Any activity related to the operations of Eden Prairie's City government including, but not limited to, City Council, board and commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state representatives. Group 2: Public agencies, School District 272, civic organizations, PROP, SW Metro Transit, non-profit professional groups with City representation, Eden Prairie based groups (user group that has its headquarters in the City of Eden Prairie, or has at least 75%of its membership roster residing in Eden Prairie)which contribute to the well being and betterment of the community, and those businesses currently working with City projects. Group 3: Eden Prairie residents, Eden Prairie businesses, and persons who work at an Eden Prairie business. (Documented proof may be requested) Group 4: Non-resident individuals, groups, commercial, non-profit, and business organizations. (Limited to rentals at Eden Prairie Community Center) Policy—Community Use of Parks &Recreation Rental Facilities Page 2 of 13 IL Rental Facilities Park Pavilions & Buildings - Round Lake Park Pavilion, Homeward Hills Park Barn*, Round Lake Park Building*, Staring Lake Park Building*, Miller Park Building*, Crestwood Park Building*, Nesbitt-Preserve Park Building*, Riley Lake Pavilion, Riley-Jacques Barn, and Purgatory Creek Recreation Area. Warming Houses - Park buildings* located throughout the City and used for ice skating and sledding activities from December 15 through March 1, include the warming houses at Forest Hills, Prairie View, and Edenvale parks. * Denotes facilities utilized as warming houses. Amphitheatre -located at Staring Lake Park Outdoor Center- located at Staring Lake Park Community Center - ice arenas, racquetball courts, swimming pool, and meeting rooms Senior Center-community room and meeting rooms Outdoor Athletic Facilities - volleyball courts, basketball courts, softball/baseball fields, soccer/football/lacrosse fields, tennis courts. These park amenities are available on a first-come, first-serve basis, unless they are being used for a City program or have been reserved. Outdoor athletic facilities are available for rent along with a park pavilion/building rental, for a fee. See the separate document "Guidelines for Priority Use of Public Facilities" for rental details. Trail System - for walks and/or runs. Rental of a park building or pavilion is required to hold a walk and/or run. Walks and/or runs beyond the park property will require approval from other departments. Walks and/or runs do not have exclusive use of trails or streets, unless required for safety purposes. In cases of exclusive use, signage and/or additional staff/volunteers may be required, in the discretion of the Parks and Recreation Director. III. Hours of Operation City park hours are 6 a.m. to 10 p.m., daily. Rental use beyond these hours requires the approval of the Parks and Recreation Director. The Community Center is open from 6 a.m.to 10 p.m., daily. The Senior Center business hours are from 8:30 a.m. to 4 p.m., Monday through Friday. The Senior Center is reserved for Senior and City program use during this time. The Senior Center may be available for rent, for other uses, on weekday evenings and weekends. Policy—Community Use of Parks &Recreation Rental Facilities Page 3 of 13 Warming houses are available for rent during non-public ice skating/sledding hours only. IV. General Information Rental of a facility does not allow for exclusive access of other park amenities (ballfields,tennis courts, playground,public bathrooms, etc.). Group 1 meetings, events, and activities have priority. Rental scheduling for Groups 2, 3, and 4 will be on a first-come, first-serve basis;with special reservation guidelines pertaining to walks and/or runs. Group 4 may rent at the Community Center only. No person who has not attained the age of 21 years shall be allowed to rent a facility. A minimum notice of 3 business days is required for rental of a facility. Senior Center reservations require advance notice of 7 days. User groups are not allowed to reserve City facilities on a continuing basis (i.e. daily, weekly, monthly) without the approval of the Director of Parks and Recreation. The City reserves the right to restrict the number of dates an individual or group may reserve. This is to ensure the availability of facilities to all user groups. If deemed necessary, the City reserves the right to substitute a meeting room or facility other than that stated or requested, in order to minimize conflicts of compatibility, space, and scheduling. Rental hours shall be calculated from the time the renter enters the space until the time of departure. User groups must adhere to the hours requested and approved on the facility use contract. At some locations, a half-day rental fee versus a full-day rental fee shall be determined by City staff, and not by the number of hours renting a facility. A half- day rental fee will be applied if it is reasonable, in the Parks and Recreation Director's discretion, to assume the facility will be available for rental by another renter for the remainder of the day. Groups renting facilities shall comply with the Equal Opportunity Statutes, and not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability. Policy—Community Use of Parks& Recreation Rental Facilities Page 4 of 13 V. Scheduling 1. Pavilions, Buildings, and Amphitheatre Groups or individuals desiring to use a park pavilion/building shall make arrangements through the Park Facility Scheduler no earlier than the first business day of the calendar year in which they they wish to use the facility. 2. Warming House Some park facilities are used as warming houses from December 15 through March 1. They are not available for rental use during public ice skating/sledding hours. Groups or individuals desiring to use a Warming House shall make arrangements through the Youth and Family Recreation Coordinator. 3. Riley-Jacques Barn Groups or individuals desiring to use the Riley-Jacques Barn shall make arrangements through the Park Facility Scheduler. The Riley-Jacques Barn is available for rental use from the first day of May through the end of October. It may be scheduled for rental on the first business day according to the following time table: Reservations Accepted Months Available First Business Day of March May-August First Business Day of June September-October 4. Outdoor Center Groups or individuals desiring to use the Outdoor Center shall make arrangements through the Park Facility Scheduler. The Outdoor Center may be scheduled for rental according to the following time table: Reservations Accepted Months Available First Business Day of December January-March First Business Day of February April -May First Business Day of March June -August First Business Day of August September-December Policy—Community Use of Parks & Recreation Rental Facilities Page 5 of 13 5. Communi1y Center Groups or individuals desiring to use the Community Center shall make arrangements through the Community Center staff. 6. Senior Center Groups or individuals desiring to use the Senior Center shall make arrangements through the Senior Center staff. Senior Center reservations require a one week advance notice. The Senior Center may be scheduled on the first business day according to the following time table. Reservations Accepted Months Available December 1 January-March February 1 April -May March 1 June-August August 1 September-December 7. Outdoor Athletic Facilities Groups or individuals desiring to use an outdoor athletic facility shall make arrangements through the Athletic Facility Scheduler. See the separate document "Guidelines for Priority Use of Public Facilities" for rental details. 8. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 3 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 2, and 3 will be limited to two per month, per park area. If the event uses multiple sites or a major portion of any roadway, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Parks and Recreation Department prior to publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. Policy—Community Use of Parks&Recreation Rental Facilities Page 6 of 13 VI. Rental Fee The rental fee is required for all chargeable rentals and must be paid within two weeks of the reservation call and before the rental date. Reservations are confirmed only when full payment is made. VII. Damage Deposit A $200 damage deposit, in addition to the rental fee, shall be made by Group 3 and Group 4. The deposit check is required at the same time the rental fee check is submitted. This deposit check shall be returned within one (1)week after the rental date if no deductions are necessary. No damage deposit is required for approved reoccurring rentals. Failure to comply with this Policy may result in loss of damage deposit. VIII. Special User Fee In some instances, a special user fee may be required. This fee will be applied to cover unusual anticipated expenses, such as excessive clean-up, unusual set-up, excess electricity, and/or damages associated with the user's program, event, general use or decorations. The special user fee must be paid at the time the rental fee payment is made and will be held until it is determined by the City if any or all of the fee was required. Any remaining balance will be returned to the renter. There may be a special user fee for large events requiring a special event checklist or rentals requiring additional portable toilets or additional police or security measures. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special user fee is applied to groups with specialized equipment or activities such as dunk tanks, inflatables,moon walks, etc. User groups will be required to pay a special user fee when they provide amplified sound. User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user group's sound system. The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. User groups must receive prior approval from the Director of Parks and Recreation for additional electrical use, additional lighting, etc. An additional fee may be associated with these requested facility use items. Policy—Community Use of Parks&Recreation Rental Facilities Page 7 of 13 IX. Special Event Checklist Any event or activity that may require the assistance of more than one City department or may extend beyond the park boundaries is required to complete a Special Event Checklist with the Licensing Clerk at the Eden Prairie Police Department. Special event authorization will only be approved if proper accommodations can be made (i.e. additional parking, transportation to the site, additional toilets, additional police officers or security measures). A special user fee may apply. Renter may be required to apply for permits through the Eden Prairie Police Department. X. Cancellation Policy The City reserves the right to cancel any reservation. In case of cancellation by the City, reservation fees will be returned accordingly. The rental fee is refundable if cancellation notice is received no less than 10 days prior to the date of the scheduled event. Community Center room rental cancellations require advance notice of one business day. XI. Liability and Damage All rental groups using facilities will be required to sign a waiver of liability on the contract form. A Certificate of Insurance is required to cover the use of specialized equipment, walks/runs, or special events open to the public. The City will not assume liability for loss or damage to property belonging to an organization or group. Any organization, group, or individual reserving space shall be fully responsible for any damage to that space or equipment and any unlawful acts associated with the user's program or event. Any damages to facilities or equipment must be reported immediately. Costs associated with the damage will be deducted from the damage deposit; additional charges may apply. The City reserves the right to cancel future reservations. Policy—Community Use of Parks&Recreation Rental Facilities Page 8 of 13 X11. Regulations Violations of this Policy may result in forfeiture of a users damage deposit and Y g p denial of future use of City facilities; however, that does not exempt violators from possible prosecution under applicable City ordinances, State, or Federal laws. City facilities and parks are smoke free. Use of tobacco products is prohibited as stated in City Ordinance 9.42. The City reserves the right to terminate a rental contract for City code violations. Meetings and activities must be confined to the area(s) reserved. Other meetings and activities may take place at the same time in other rooms. Groups are reminded to have respect for each other's space. Disorderly conduct shall be grounds for immediate termination of the activity/event without refund. This will be determined by City staff or a police officer. 1. Supervision Youth using facilities must be under competent adult (minimum age of 21 years old) leadership and supervision. The renter shall assume full responsibility for the group's conduct and/or the conduct of any member or guest of the group, and for any damage to the facilities, buildings, or equipment. Children must be kept confined to the reserved area of the user group. The City will not assume liability for unsupervised children. The City will be reimbursed by user/renter/group for any costs incurred due to damages or additional cleaning. Youth groups shall be chaperoned on a ratio of one adult (minimum age of 21 years old) for each ten (10) or fewer youth under the age of 18. The number of youth attending and the names of the chaperones may be requested by the staff. If the general public is invited, City staff shall in h n determine the number of chaperones needed. If deemed necessary due to the type of function or activity,the City reserves the right to assign an attendant and/or police officer for a user group. The cost of such will be paid by the user group. A building attendant is required to be on site at all times for community use of the Senior Center. The building attendant will assist with set up and take down as required, and perform general clean up as needed. A building attendant is required to be on site for warming house rentals. At all park pavilionibuilding locations, a building aide will meet the renter at the specified rental beginning time and will come back at the specified Policy—Community Use of Parks&Recreation Rental Facilities Page 9 of 13 ending rental time. The renter is responsible for the rental facility during this rental time, and shall be on-site during this rental time. Enclosed buildings will be unlocked at the beginning rental time and locked at the ending rental time.The renter shall not leave the building unattended during the rental time. 2. Cleaning Rented space and common areas must be left in the same or better state of cleanliness as when renter arrived. Building Aide/Park Attendant shall determine the appropriate level of cleanliness. If additional staff time, beyond that necessary for normal cleaning is required to clean the facility, an additional charge for personnel and cleaning supplies will be deducted from the damage deposit. User groups are responsible for the basic clean up and bagging of trash. All chairs or tables used must be taken down and put away. 3. Parking Parking is available in designated parking areas. Groups that underestimate their number of guests may not have adequate parking. No parking on grass. No driving on trails or plaza. 4. Admission Fee User groups are not allowed to charge an admission fee without the consent of the City Council. See Section XV, of this Policy. 5. Specialized Equipment or Activities Cooking devices suitable for pig roasts are allowed but must remain in the parking lot or designated area. Dunk tanks, moon walks, etc. are allowed at designated areas. A Certificate of Insurance is required.A special user fee is required. Hayrides or sleigh rides are not permitted by rental groups 2, 3, and 4. 6. Animals Rental groups 2, 3, and 4 are not permitted to have non-domesticated animals, including,but not limited to horses, on City property. Policy—Community Use of Parks& Recreation Rental Facilities Page 10 of 13 7. Fireworks/Open Fires Rental groups 2, 3, and 4 are not permitted to have fire works. Rental groups 2, 3, 4 are not permitted to have fires, fire in fire pits, or any open flame. XIII. Food Service Food and beverages are permitted at all locations. Catering services are permitted at all locations. Outdoor grills are available at some park locations, charcoal is not provided. Charcoal grills or gas grills may be brought into the park and used in a safe manner. All charcoal must be removed from the park; safe charcoal disposal sites are not available at the parks. Propane tanks or cylinders shall not be disposed of on Park/City property. Food or beverages may not be sold without permission from City staff. The Hennepin County Health Department will require a food service permit. No food may be left behind at the facility. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. Where available, kitchens may not be used for commercial use (fundraising). Dishes may be used at the Senior Center,but must be washed and put away. XIV. Alcoholic Beverages Alcoholic beverages are permitted at City facilities, EXCEPT at Eden Prairie Community Center, City property adjacent to a school, Flying Cloud Fields, and Round Lake fields north of Valley View Road. Alcoholic beverages may be given by a host to the host's guests at a social event, provided that the host may not sell or engage in a sale of such beverages to the guests without proper liquor licensing. No glass containers permitted. Prior notice to, and approval of, the Parks and Recreation Director are required of any group/or user intending to have a keg, or kegs, of beer on site. Policy—Community Use of Parks & Recreation Rental Facilities Page 11 of 13 Alcoholic beverages may be dispensed to persons attending a convention, banquet, conference, meeting or social affair, by the holder of a retail, on-sale intoxicating liquor license issued by the City of Eden Prairie or an adjacent municipality who has been engaged to dispense intoxicating liquor, at an event held by a person or organization. Alcoholic beverages may be dispensed by an organization which holds an intoxicating on-sale license for the on-sale intoxicating liquor to members and bona fide guests. XV. Fundraising Groups 1, 2, and 3 may conduct fundraising activities at City facilities. Fundraising activities include, but are not limited to: selling articles on-site, advanced ticket sales, walks and/or runs or any other means of collecting monies for a particular purpose or group. The City will allow City facilities to be used for limited fundraising activities to support Eden Prairie based organizations with pre-approval by the Director of Parks and Recreation. At the discretion of the City, any group conducting a fundraiser will be charged a pre-determined fee by the City to cover costs of set-up, maintenance, cleaning and security of the areas utilized for the event. 1. Charitable Gambling Activities Renters conducting activities involving licensed charitable gambling (not a licensed gaming company) must provide proof of compliance with State gaming requirements and receive City Council approval. Requests must come before the City Council through the Parks and Recreation Department at least 45 days prior to the event date. 2. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 3 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 2, and 3 will be limited to two per month, per park area. If the event uses multiple sites or a major portion of any roadway, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Parks and Recreation Department prior to Policy—Community Use of Parks &Recreation Rental Facilities Page 12 of 13 publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. Rental of the park building or pavilion is required to hold a walk and/or run. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special event checklist will need to be completed with the licensing clerk at the Eden Prairie Police Department. XVI. Decorations Failure to comply with decoration policy may result in loss of damage deposit. A decoration plan and installation methods must be pre-approved by City staff. The City reserves the right to remove all decorations which do not meet a pre- approved plan. All decorating time must be included in the rental hours. No double-sided tape or Scotch tape shall be used in decorating. Use poster putty, removable blue painters tape or removable poster tape only on flat painted walls or tables.No tape shall be used on the ceiling. No nails shall be used in decorating. No staples or tacks on flat painted walls or tables shall be used in decorating. No lit candles or open flame shall be used in decorating. No banners, streamers, balloons or signs may be attached to any facility structure or landscaping without prior approval by City staff. Any pre-approved attachments must be removed by the group using the facility immediately after the reservation period. No rice, confetti, or birdseed shall be used in activities or decorating. XVII. Tents and other Props Tents or other structures with stakes, tarps, or any part or portion thereof attached to the facility are prohibited. Free-standing canopy tents are permitted and may be secured with sandbags or weights. Policy—Community Use of Parks& Recreation Rental Facilities Page 13 of 13 Any tables, chairs, dance floor, staging, free standing canopy tents or other props brought in from other sources will not be stored in City facilities, and shall be brought in only during rental hours; and must be removed from the facility at the end of the rental time. XVIII.Amplified Sound Sound Technician The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. The City's Sound Technician shall have complete supervisory control over the operation of the facility. Arrangements for Equipment set up and take down must by made with this person. Access to the stage is for loading and unloading purposes only. The Sound Technician will determine what vehicles will have access to the stage for loading and unloading of equipment, etc. User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user groups sound system. User groups using a sound amplification system will be required to have the sound monitored. The noise level will be monitored and controlled by the City staff equipped with a decibel level meter. The noise level will not be allowed above 70 decibels 100 feet from the source. Failure to comply with this restriction will result in loss of damage deposit and may result in suspension of electrical power. GAParks and Recreation\Recreation\Shelter Reservations\POLICY-Community Use of P&R Rental Facilities.doc CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Robert A. Lambert, Director Proposed Name Change for the Purgatory Parks and Recreation Creek Recreation Area Requested Action Move to: Change the name of the Purgatory Creek Recreation Area to Memorial Park. Synopsis At the August 7 meeting,representatives of the Veterans Memorial Committee recommended the City Council consider changing the name of the Purgatory Creek Recreation Area to Memorial Park. Their rationale was that the park already contains the Jean Harris Memorial Bridge and would be the location for the Veterans Memorial whenever funds are raised for that project. The Parks,Recreation and Natural Resources Commission approved this recommendation at their September 11 meeting. Background The name"Purgatory Creek Recreation Area"was first developed in 1981 when the City initiated a design competition for developing approximately 200 acres of property south of what is now Technology Drive and west of Prairie Center Drive.At that time,much of the Purgatory Creek Conservation Area was being farmed because of the drainage system that included two major irrigation ditches and the fact that the majority of the land was tiled to those ditches. The design competition,which was ultimately won by Saunders—Thalden Associates,Inc. and Theodore Wirth Associates, Inc. (a joint venture)described the property as the Purgatory Creek Recreation Area and included developing an 18-hole par-three golf course on the west side of the wetland complex and trail system throughout the middle of the wetland complex as well as around the perimeter of the complex, and a entry plaza with a water sculpture, fountain, amphitheater, concert stage and boat rental in a boat basin. Clearly the original concept for this site was more of a"recreation area"than the final plan that was ultimately approve by the adjacent property owners,the Watershed District,the DNR,the Corps of Engineers, and the City of Eden Prairie. As the new wetland protection laws were enacted in the early 1990's, it became clear that the majority of this wetland complex was not"developable" according to the master plan, and a series of revisions were made to the master plan to ultimately obtain the necessary approvals. The final plan called for a hard surface trail around the perimeter of the complex with one or two boardwalks leading to nature blinds within the complex, and an entry plaza with a water fountain within the water quality treatment pond north of the dike. Proposed Name Change for the Purgatory Creek Recreation Area September 19 2006 Page 2 City staff does not have any rationale for keeping the name"Purgatory Creek Recreation Area"and believe that changing the name to"Memorial Park"does have some rationale considering the latest approval of the Veterans Memorial site plan; and the fact that it is often confused with Purgatory Park in Minnetonka. There will be some costs associated with changing the name. The most expensive part of that change will be changing the lettering on the two sign boards at the intersection of Prairie Center Drive and Technology Drive. Staff would anticipate that the cost for changing that lettering could be several thousand dollars. Staff has delayed the printing of the new park sign for that park pending the decision of the Commission and Council on the name change. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director September 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.3. Robert A. Lambert,Director Request for Fenced Playground Parks and Recreation Requested Action Move to: Approve the petition request for fencing the playground at Riley Lake Park in 2007. Synopsis The attached petition has approximately 100 signatures from parents that request the City to have one fenced playground in Eden Prairie to accommodate families with children who may have special needs as well as parents that have several children or daycare programs that bring groups of children to a playground. Parents would like one playground where they know they can bring their children and perhaps relax and visit with other parents without having to closely monitor kids that may be "runners". Although City staff would not recommend this as a standard, staff does agree that providing one large playground within the community that would accommodate these needs, is a reasonable request and does support the petition. The Parks,Recreation and Natural Resources Commission supported this recommendation at their September 11 meeting. Background Staff believe that Riley Lake Park would be the most appropriate playground for this request as it is a community park with a relatively large playground and is easily fenced without disrupting other facilities. Staff would recommend a black vinyl-clad chain link fence around the perimeter of the playground with two pedestrian gates and one larger gate that would accommodate maintenance equipment. The estimated cost for this fencing project is approximately $5,000. Attachment Petition requesting fenced playground Deb Sweeney (~ 15 85 0 Village Woods Dr. Eden Prairie, MN 55347 (952) 975-0996 debsweenev 1000vahoo.corn August 3,2006 Dear Mr. Lambert: Thanks for taking the time to explain the petition process to me today. Attached is a petition with 100 signatures in support of having a fenced playground as part of the Eden Prairie Parks systcm. The idea for the petition began when the Eden Prairie Special Kids parent support group,of which I am a member,%vas looking for a place to have a summer fdrnily picnic. We quickly realized there was no park in Eden Prairie that met our safety needs for a fenced playground. For instance,one member of the group has a child with Down's Syndrome v ho always makes a beeline for the nearest body of water,and several of the kids with autism also don't recognize boundaries. Several parents commented they have a hard time bringing their children to a playground at all because the lack of fencing makes it too risky and too stressful. While there is one fully fenced and gated playground in Eden Prairie(CKC)where parents of special needs children gather, its hours are limited during the school year,and Y programs often use it during the summer. It would really help special needs families enjoy the playground equipment if ne had one non-school playground with a full fence and a gate. Since raising this issue,we have also found significant interest in a fenced playground from families with typical children. Many parents spoke of having years when they did not feel sa fc bringing their kids to the park because they had a preschool"runner,"or because they had too ' many children to watch. Having young five kids as I do,I completely understand this stress as I need to continually scan the playground perimeter. Several parents who signed the petition mentioned Miller Park in particular as problematic because it is so large and kids tend to scatter_ and said it would be great if it were fitlly fenced(it's fenced along the lakeshore already). This petition doesn't advocate for Miller Park specifically but I thought it might be useful to share that feedback. While I don't think every playground needs to be fenced, I do think having one fenced playground would be a very welcome addition to the Eden Prairie parks system. Please feel free to contact me or petition co-chair Brenda Tonjes, 952-949-9730, if you have any questions. A fenced playground would be greatly appreciated by special needs families and typical families alike. Thanks for your consideration of this proposal. Sincerely, Deb Sweeney "We the undersigned residents of Eden Prairie,support the idea of including a fully fenced and gated playground(not attached to a school)as part of the Eden Prairie parks system. Our families would appreciate the added safety and security a fenced playground would provide." M�� Val-, #W� 9� 79 La Ycf �� EP,n�ro 000a a 'a9y 83G5- °t3'7-0310 PETITION TO THE PARKS AND RECREATION COMMISSION FOR A FENCED PLAYGROUND IN EDEN PRAIRIE NOV. 2005 We, the undersigned residents of Eden Prairie, support the idea of including a fully fenced and gated playground (not attached to a school) as part of the Eden Prairie parks system. Our families would appreciate the added safety and security a fenced playground option would provide. 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NAME STREET ADDRESS PHONE COMMENTS G+-ex r Y-Onn-ev-5 eL4aA wee s a ri U r 0 FZP, hee h- AA l r Q%ur,� /2e 0 S M ��l ��c�a9� L.v x4�,ag luy e 04k LAO,) oI I tr� l U D ck�� -v i� C D7�r`�1 �A a"S�)O ` PETITION TO THE PARKS AND RECREATION COMMISSION FOR A FENCED PLAYGROUND IN EDEN PRAIRIE NOV. 2005 We, the undersigned residents of Eden Prairie, support th� idea of including a fully fenced and gated playground (not attached to a school)'as part of the Aden Prairie parks system. Our families would appreciate the added safety and security a fenced playground option would provide. _ NAME STREET ADDRESS PHONE COMMENTS t hd f-, -7.1 fl 1 rv'v4 e Ilrcif 97#-9kg1 ��.. _a fw 1 1 SZ3o -700�' r� g-75,�0-r-,510 . 7 PETITION TO THE PARKS AND RECREATION COMMISSION FOR A FENCED PLAYGROUND IN EDEN PRAIRIE NOV. 2005 We, the undersigned residents of Eden Prairie, support the idea of including a fully fenced and gated playground (not attached to a school) as part of the Eden_ Prairie parks system. Our families would appreciate the added safety and security a fenced playground optigt-v ould provide. NAME STREET ADDRESS PHCWE COMMENTS I.,Sa t- -; pie- k%rnber( L�j Sato Qe. ;"inn Co W2 SL�nr t-t,' t�. Cti r • G� t, ll�aw;g �� G CrOWQt1 D✓ 82�`�-804{� Pko-eb Lt(v\&rac* S 3rj2 �o.+n` busevt- `� Co2 3�,x �✓ �'j�-C p `t GL L c9A-A- ckt S k n s Svv6tt , 1 X7S Ge-,,ra.ra DC. Z PETITION TO THE PARKS AND RECREATION COMMISSION FOR A FENCED PLAYGROUND IN EDEN PRAIRIE NOV. 2005 We, the undersigned residents of Eden Prairie, support the ide)a of including a fully fenced and gated playground (not attached to a school) as part of the Eden Prairie parks system. Our families would appreciate the added safety and security a fenced playground option would provide. NAME STREET ADDRESS PHONE COMMENTS q,5-a - '7c�l ceC 14rl 5S3�j(0 9a G -0 36 �� 73y--5I9.5 PETITION TO THE PARKS AND RECREATION COMMISSION FOR A FENCED PLAYGROUND IN EDEN PRAIRIE NOV. 2005 We, the undersigned residents of Eden Prairie, support the idea of including a fully fenced and gated playground (not attached to a school) as part of the Eden Prairie parks system. Our families would appreciate the added safety and security a fenced playground option would provide. NAME STREET ADDRESS PHONE COMMENTS Vurv, V:)S2q uu. 1L evvi-e J�Y. 942-SP-40S Mlte,- Pik.- wow 6--p-Laq-4 All (�M &IL�duv Or 9.3y-�;ZL- AA �Q(W Car Isar 1 075 W fe eouf� 130435 Ca j i n,.Q GreQ,L pdj 9 37- PETITION TO THE PARKS AND RECREATION COMMISSION FOR A FENCED PLAYGROUND IN EDEN PRAIRIE NOV. 2005 We, the undersigned residents of Eden Prairie, support the idea of including a fully fenced and gated playground (not attached to a school) as part of the Eden Prairie parks system. Our families would appreciate the added safety and security a fenced playground option would provide. NAME STREET ADDRESS PHONE COMMENTS �(a c 11a Cif I a rs C.P�t,e a� a r c�•l•- 10- � 5�q -`�0 3 9f�(i 9sagp- S 15�30 � wa gs -9y7�o a� Y\0 Mr- . ,�. a 3 -Ll wal (� 9 F?-- 531 -00 .7.7 PETITION TO THE PARKS AND RECREATION COMMISSION FOR A FENCED PLAYGROUND IN EDEN PRAIRIE NOV. 2005 We, the undersigned residents of Eden Prairie, support the idea of including a fully fenced and gated playground (not attached to a school) as part of the Eden Prairie parks system. Our families would appreciate the added safety and security a fenced playground option would provide. NAME STREET ADDRESS // PHONE COMMENTS �e /7 f YeYY ( /-/. 17� 073/ /Lj 7 Kf GS �Q (tV C PETITION TO THE PARKS AND RECREATION COMMISSION FOR A FENCED PLAYGROUND IN EDEN PRAIRIE NOV. 2005 We, the undersigned residents of Eden Prairie, support the idea of including a fully fenced and gated playground (not attached to a school) as part of the Eden Prairie parks system. Our families would appreciate the added safety and security a fenced playground option would provide. NAME STREET ADDRESS PHONE COMMENTS wA\0,2 U 'ram\C-K Nor �SZ)�1- 1"1Z 30 a:�e �� ►tall 9,52- -9 7y quu'L UP I ��. ��G�h►�, �-�C r10e�' gvRl 6Yic'v •vc� 95z ��; 553�1 y IQrO & w,K 1 S� i0zcdz S,CA�lt UJ dote Pr l e SS�xI 3G1 01L PETITION TO THE PARKS AND RECREATION COMMISSION FOR A FENCED PLAYGROUND IN EDEN PRAIRIE NOV. 2005 We, the undersigned residents of Eden Prairie, support the idea of including a fully fenced and gated playground (not attached to a school) as part of the Eden Prairie parks system. Our families would appreciate the added safety and security a fenced playground option would provide. NAME STREET ADDRESS PHONE COMMENTS 16�--� e(d, pe;ve✓ S`c -9 -77 L:T""' 1 y101 q6 q yq-qj Cr Ui qA bZ . 0o o1 4.4. - g2.1 Mai �allqc ��i? 4 Z kM�A CSAJIMM- 292A W0-- 617Y-a, y � ' c PETITION TO THE PARKS AND RECREATION COMMISSION FOR A FENCED PLAYGROUND IN EDEN PRAIRIE NOV. 2005 We, the undersigned residents of Eden Prairie, support the idea of including a fully fenced and gated playground (not attached to a school) as part of the Eden Prairie parks system. Our families would appreciate the added safety and security a fenced playground option would provide. NAME STREET ADDRESS PHONE COMMENTS `L