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HomeMy WebLinkAboutCity Council - 12/19/2006 (4) AGENDA CITY COUNCIL & CHAMBER OF COMMERCE BOARD WORKSHOP & OPEN FORUM/OPEN PODIUM MONDAY,DECEMBER 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. JOINT MEETING OF THE CITY COUNCIL AND CHAMBER OF COMMERCE Council Chamber III. OPEN FORUM A. APPRECIATION OF YEARS OF SERVICE FOR MAYOR TYRA- LUKENS AND COUNCILMEMBER CASE 1. Jeff Strate 2. Nancy Litwin, General Growth Properties IV. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING MONDAY,DECEMBER 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 1�. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. TOWN HALL MEETING HELD TUESDAY,NOVEM13ER 28,2006 B. COUNCIL WORKSHOP HELD MONDAY,DECEMBER 4,2006 C. TRUTH-IN-TAXATION HEARING HELD MONDAY,DECEMBER 4,2006 D. CITY COUNCIL MEETING HELD MONDAY,DECEMBER 4,2006 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. TWIN CITY CO-OP FEDERAL CREDIT UNION by Twin City Co-op Federal Credit Union. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service District on 1.48 acres, Resolution for Site Plan Review on 1.48 acres.Location: 8577 Columbine Road. (Ordinance for PUD District Review with waivers and Zoning District Amendment,Resolution for Site Plan Review) C. LOCK UP STORAGE FACILITY by BRB Development. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to Commercial Regional Service on 2.11 acres, Resolution for Site Plan Review on 2.11 acres. Location: 12995 Valley View Road. (Ordinance for PUD District Review with waivers and Zoning District Change, Resolution for Site Plan Review) CITY COUNCIL AGENDA December 19, 2006 Page 2 D. APPROVE SECOND READING OF AN ORDINANCE ESTABLISHING A FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE E. ADOPT RESOLUTION APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 4TH ADDITION F. ADOPT RESOLUTION APPROVING FINAL PLAT OF HORIZON PLACE 2ND ADDITION G. APPROVE CHANGE ORDER NO. 1 FOR RECONSTRUCTION OF LIFT STATION NO. 2 (SUPERVALU) H. APPROVE SUBMITTAL OF DRAFT DISCRETIONARY ENVIRONMENTAL ASSESSMENT WORKSHEET FOR OAK CREEK AT HENNEPIN VILLAGE TO THE ENVIRONMENTAL QUALITY BOARD AND OTHER INTERESTED PARTIES FOR PUBLIC REVIEW L AWARD CONTRACT FOR MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS FOR 2007,I.C.07-5689 J. ADOPT RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT FOR THE MITCELL ROAD/LONE OAK ROAD TRAFFIC SIGNAL,I.C. 06-5675 K. APPROVE CONSULTING SERVICES AGREEMENT WITH VIRCHOW KRAUSE & CO. TO PERFORM AN IT SERVICES ASSESSMENT OF THE CITY'S LOGIS SERVICES,I.C. 06-5675 L. APPROVE AGREEMENT TO PROVIDE WEB SITE SERVICES FOR THE CITY OF EAGAN M. AUTHORIZE EXPENDITURE OF$7,450 FROM THE 2007 CAPITAL IMPROVEMENT PROGRAM FOR SIGNS IN THE RICHARD T. ANDERSON CONSERVATION AREA N. ADOPT RESOLUTION TO PETITION RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR MITCHELL LAKE WATER QUALITY IMPROVEMENT PROJECT,I.C. 06-5679 O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING FOR TECHNOLOGY DRIVE STREETSCAPE, I.C. 07-5691 P. APPROVE HARDWARE MAINTENANCE AGREEMENT WITH HONEYWELL FOR MAINTENANCE OF INSTRUMENTATION SYSTEMS FOR THE WATER UTILITY CITY COUNCIL AGENDA December 19, 2006 Page 3 Q. DECLARE OBSOLETE COMPUTER EOUIPMENT SURPLUS R. APPROVE AMENDED JOINT AND COOPERATIVE AGREEMENT WITH SOUTHWEST SUBURBAN CABLE COMMISSION S. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND CHILDREN'S WORLD,A LOCAL CHILD CARE PROVIDER T. APPROVE FIRST AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT FOR THE EAGLE RIDGE AT HENNEPIN VILLAGE 6�H ADDITION VIII. PUBLIC HEARINGS/MEETINGS A. TAX INCREMENT FINANCING (TIF)PROPOSAL FOR WINDSOR PLAZA/TOWN CENTER PHASE I (Resolution) B. PUBLIC HEARING FOR LAYOUT APPROVAL AND MUNICIPAL CONSENT FOR I-494/TH 169 AND TH 169/VALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS,I.C. 01-5549 (Resolution) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4 SECTION 4.07 RELATING TO RESTRICTIONS AND REGULATIONS FOR LIQUOR LICENSEES XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS& COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. 2007 Property Tax Lew,2007 General Fund Budget,and 2007 HRA Tax Lew (Resolution) C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Baseball Association Request for Round Lake Baseball Field Stadium CITY COUNCIL AGENDA December 19,2006 Page 4 2. Round Lake Water Quality Report&Round Lake Beach 2007 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TOWN MEETING TUESDAY,NOVEMBER 28,2006 7:00 PM, SUMMIT PLACE 8085 Flying Cloud Drive 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, Community Development Director Janet Jeremiah,City Attorney Ric Rosow, Police Chief Dan Carlson,Fire Chief George Esbensen, and Council Recorder Deb Sweeney I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:15. She explained the purpose is to p opportunity provide citizens another o i to address the Council and senior Staff in an informal ty relaxed atmosphere. II. RESIDENT INPUT A. Audrey Hartranft,of 8505 Flying Cloud Drive,asked if there had been changes to the stop light at the Summit Place exit to T.H.212. Dietz said the light had recently been adjusted as part of a project with the DOT, which controls signals on the highway. All signals on the stretch from Anderson Lakes Parkway to I- 494 are now interconnected to create a progression that allows traffic drive the speed limit to pass through all the lights in succession during rush hour. Side streets may in consequence need to wait longer during those times. A resident praised the progression and said it works well. B. Gary Gran,of 8505 Flying Cloud Drive,raised concerns that the crosswalk at the corner of Summit Place does not allow enough time to cross. Drivers in the right hand turn lane also do not stop and visibility to see pedestrians is poor. Perhaps a diamond or signage could be added to alert drivers. The intersection of T.H. 212 and Prairie Center Drive has similar problems. It is a challenge to walk to the mall. Another resident noted there is no sidewalk from Summit Place to the mall and it is hard to cross the street. Tyra-Lukens agreed walking to the mall should be easy. Jeremiah explained one of the first recommendations for the 25-year MCA plan is to address traffic, signal timing, and sidewalk connections. As areas are redeveloped (for example,NTI, Bobby& Steve's), developers will add sidewalks. Grau said sidewalk TOWN MEETING MINUTES November 28,2006 Page 2 maintenance in winter is also an issue. Lambert said residents often ask for walks to be cleared faster and to be clear of ice. The city plows about 80 miles of its 100 miles of 8-foot asphalt trails,which can usually be done promptly since the trails accommodate truck plows. The city only has one vehicle that can plow the 5-foot sidewalks, however, and the vehicle is expensive. The city only attempts to plow 35 miles of sidewalk. Grau said it would be worth spending more. Dietz said he would look into signage to warn motorists of pedestrians crossing. For the walk sign issue,the blinking red hand still stops traffic and typically will go on during crossing. It is an indicator not to begin crossing. C. Barbara Kaerwer of 12800 Gerard Drive expressed concern about the dialogue in the community around taxes being too high. Eden Prairie's founders made commitments to open space and good quality housing and planning even when the community really couldn't afford it. There is a choice between cutting taxes and enjoying what we know as Eden Prairie. D. Basil Wissner of 8293 Mitchell Road commended all City staff and departments for their warm reception to concerns raised by residents and their willingness to work together to solve problems. E. Reed Schulke of 8481 Hiawatha Avenue spoke as co-chair of the advisory board for the Eden Prairie Players. He shared current ideas of the group, including making events food donations(with coupons off the next event for the participants), as well as getting the theater involved with people who have developmental disabilities. The group continues to seek ways to be more self- sufficient and welcomes ideas. Tyra-Lukens said perhaps there could be a connection between the Players and EP Reads. F. Nancy Arieta of 10785 Valley View Road #207 praised council and staff. She inquired about culvert work on Valley View Road,the status of the former Best Buy buildings, and for any news on Walmart relocating. Dietz said the Valley View project is to determine the depth of the sanitary sewer in preparation for a road-widening project which will likely go forward in the next two to three years. Jeremiah said the Best Buy property was bought by Liberty Properties,which is currently installing a new LEED-certified building elsewhere in the Golden Triangle. Plans have not been presented for the Best Buy site but the development will be primarily office. Walmart would like a more visible site with room for expansion, and the City would like the Wal-Mart site redeveloped as a walkable town area, but Wal-Mart has not found an alternative site at present. G. Gary Gran,of 8505 Flying Cloud Drive,asked about a wireless network. Neal said the Council had discussed this issue about two years ago when Chaska, Minneapolis and St. Louis Park had looked into providing broadband Internet service. The Council concluded broadband access was available throughout Eden Prairie at a market rate. A wireless network has not been studied but Neal said he would like to. TOWN MEETING MINUTES November 28,2006 Page 3 H. A resident asked about a farmers market in Eden Prairie. Tyra-Lukens said a farmers market was almost organized this year, but there was considerable opposition from commercial providers and local farmers. A resident noted some markets, like the St. Paul market,require growers to be local vs.resellers. A model like that might lessen opposition. I. A resident asked how the opening of the new Hwy 212 would affect overall traffic and truck traffic on Flying Cloud Drive. Dietz said there would be a dip when the road opens and most of the truck traffic will be diverted. The volume will then creep upward again over several years but the truck traffic will remain low. J. A resident asked if any homeless shelters are available in Eden Prairie. Carlson said if someone were homeless, police could take him or her to a shelter or hospital for the night. Police also refer individuals to PROP for temporary housing. K. A resident asked for timing on the Pioneer Trail expansion. Dietz said bids would be taken in 2007 to widen the section from Hwy 169 to 3 blocks west of County Road 4. The rest of the project is five years out. L. Barbara Kaerwer of 12800 Gerard Drive said overnight parking is needed at the Southwest Metro Transit station to accommodate parking a car and bussing to the airport. Tyra-Lukens said one of the proposed LRT routes would allow a direct train to the airport,which would be even more attractive. Several residents praised the Council, police, fire department, and parks and planning staff for their responsiveness, intelligent planning, vision, and efforts to find cost savings. III. ADJOURNMENT Tyra-Lukens adjourned the meeting at 8:10 p.m. ITEM NO.: VI.B. AGENDA CITY COUNCIL WORKSHOP & OPEN FORUMIOPEN PODIUM MONDAY,DECEMBER 4,2006 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. FACILITIES PLANNING AND IMPROVEMENT PROJECTS City Manager Scott Neal and Facilities Manager Paul Sticha presented a PowerPoint on: • Organizational changes to the City's facilities management • Overview of facilities managed by the City • Facilities division responsibilities • Facilities assessments and budgeting • Recent facilities projects Council Chamber III. OPEN FORUM Laura Bluml said she and her neighbors no longer see deer in their area. She said she believes this is a result of the City's deer management program. Bluml said she has requested information on the program, but so far has not received it. Mayor Tyra-Lukens asked City Manager Scott Neal to forward the requested information to Ms. Bluml. Mayor Tyra-Lukens said no deer management program will be conducted this year because staff was not able to conduct an aerial survey due to lack of snow last year. IV. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT ITEM NO.: VI.C. UNAPPROVED MINUTES TRUTH-IN-TAXATION HEARING EDEN PRAIRIE CITY COUNCIL MONDAY,DECEMBER 4,2006 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 Sweeney I. CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:02 p.m. II. PUBLIC HEARING A. OVERVIEW OF 2007 PROPOSED BUDGET AND TAX LEVY Tyra-Lukens said the hearing is one of many ways for residents to comment on the budget and levy. This is the second year of a two-year budget cycle. Council will vote on the budget December 19"', 2006. Kotchever presented data on the City budget, which finances police, fire, parks and recreations, streets, lights, and City buildings and vehicles to support 65,000 residents. Changes for 2007 include the new Fire Station #4, the transition to a regional radio system, the reopening of Round Lake swim beach, the Comprehensive Plan update, a new ladder truck, and new ball fields. The total budget increase is 7.6%,which translates into a 3.6%City tax increase for a median value residence. Key drivers for the increase include employee benefits, utilities, and fuel costs. The total property tax paid by homeowners also includes a county levy (34% of total), school levy (33% of the total) and 8% of the total in other levies, in addition to the City levy which accounts for 25%of the total. B. PUBLIC COMMENT AND DISCUSSION Nancy Arieta, 10785 Valley View Road, said property taxes for the senior co-op need to be adjusted for fairness. It is a limited equity co-op set by covenants, and so property taxes eliminate almost all of residents' equity. Tyra-Lukens acknowledged the problem and noted senior housing is regulated by the state. The next Council could advocate at the legislature for change. CITY COUNCIL AGENDA December 5,2000 Page 2 Tom Briant, 15560 Boulder Pointe Road, spoke on behalf of the Eden Prairie Taxpayers Association. Briant stated City spending has doubled since 1994 and could double again by 2015. Some is due to growth in population but that is now slowing as the City is almost fully developed. The EPTA made several recommendations for reductions in salaries, legal services, travel, heritage preservation, and immigrant liaison services, which Council did not adopt. The budget should be changed and residents should be more involved in the process. Tyra-Lukens noted Briant's figures were not inflation-adjusted. Tax increases were slightly below the rate of growth in population plus inflation. In the same period that Eden Prairie's taxes increased 94%, taxes in several comparable cities rose by 300%. Reductions were considered in the areas highlighted but were ultimately approved as valued services. Laura Bluml, 10540 W Riverview Drive, called for taking a middle road in regard for spending and asked for department heads to be alert for waste. II. CLOSE OR CONTINUE PUBLIC HEARING MOTION: Butcher moved, seconded by Aho, to close the public hearing. Motion carried 5-0. IV. ADJOURNMENT MOTION: Butcher moved, seconded by Case,to adjourn the Truth-in-Taxation Hearing and reopen the City Council meeting. Motion carried 5-0. The Truth-in-Taxation Hearing adjourned at 7:32 p.m. ITEM NO.: VI.D. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING MONDAY,DECEMBER 4,2006 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, Finance Director Sue Kotchever, and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:32 p.m., at the conclusion of the Truth in Taxation Hearing. IL PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PRESENTATION OF CERT CERTIFICATES Scott Taylor of the Eden Prairie Fire Department explained CERT is a national program promoted by FEMA to improve community response to emergencies. CERT volunteers are trained in disaster response, fire suppression,medical care, disaster psychology,team organization, and light search and rescue. Staff introduced the 18 new CERT members,bringing the total to 85. The goal is to have 100 volunteers and the next class will be held in the spring. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Butcher,to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,NOVEMBER 14,2006 MOTION: Case moved, seconded by Young,to approve the Council Workshop minutes as published. Motion carried 5-0. CITY COUNCIL MINUTES December 4,2006 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 14,2006 MOTION: Aho moved, seconded by Young,to approve the City Council minutes as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE LICENSE AGREEMENT WITH T-MOBILE FOR ANTENNA ATOP CIVIL DEFENSE SIREN C. APPROVE CHANGE ORDER FOR RED ROCK SEDIMENT REMOVAL PROJECT,I.C. 05-5655 D. APPROVE CHANGE ORDER NO. 1 FOR HILLTOP RD. IMPROVEMENT PROJECT,I.C. 05-5642 E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR SINGLETREE LANE IMPROVEMENTS, I.C. 07-5690 F. ADOPT RESOLUTION NO.2006-138 SUPPORTING THE PRELIMINARY RECOMMENDATIONS OF THE SOUTHWEST TRANSITWAY ALTERNATIVE ANALYSIS STUDY,I.C. 05-5643 G. APPROVE NAMING RIGHTS AGREEMENT BETWEEN EMERSON PROCESS MANAGEMENT AND THE CITY OF EDEN PRAIRIE AND ACCEPT DONATION TOWARD THE COMMUNITY CENTER ADDITION H. APPROVE SELECTED VENDORS FOR FURNITURE,FIXTURES AND EQUIPMENT FOR THE NEW FIRE STATION I. AWARD GENERAL CONSTRUCTION CONTRACT FOR DEN ROAD LIQUOR STORE REMODELING TO GREYSTONE CONSTRUCTION COMPANY J. ADOPT RESOLUTION NO. 2006-139 REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES FOR 2007 K. APPROVE AGREEMENT WITH LINCOLN PARC APARTMENTS,LLC Tyra-Lukens applauded the donation from Emerson Process Management toward the new hockey rink and the volunteers who are coordinating the fundraising effort. CITY COUNCIL MINUTES December 4,2006 Page 3 MOTION: Young moved, seconded by Case,to approve Items A-K on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. BECKER REZONING by Lee and Carri Becker. Request for: Zoning District Change from Rural to R1-13.5 on 0.83 acres. Location: 9795 Bluff Road. (Ordinance for Zoning District Change) Neal said this is a rezoning of a single-family lot from Rural to RI-13.5 located at 9795 Bluff Road. The owner recently requested a 2,678-sq. ft.basement finish and building addition to the home. The addition does not meet the side yard setbacks for the Rural Zoning District,which are 50 and 100 feet. The proposed building addition would meet the side yard setback requirements of the R1-13.5 Zoning District,which are 15 and 30 feet. The proposed R1-13.5 Zoning District is consistent with adjacent zoning.The Planning Commission voted 6-0 to recommend approval of the project at the November 13, 2006 meeting. Tyra-Lukens asked if the yard could be subdivided and if so, how that would affect the side yard setbacks. Jeremiah said it could not be subdivided with the current structure there and it would be unlikely the property could be accessed from the back side. MOTION: Aho moved, seconded by Butcher,to close the Public Hearing and approve I st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 0.83 acres. Motion carried 5-0. B. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 1,BLOCK 1,MEADOWCRAFT,Vacation 06-05 (Resolution No.2006-140) Neal said the Property Owner has requested the vacation of part of the Drainage and Utility easement in order to have the boundaries follow an amended conservation easement boundary to allow a larger front lawn area for a single- family home. The Drainage and Utility Easement was originally dedicated in conjunction with the platting of the subdivision and a Conservation Easement was recorded over the same area. Subsequent home construction has resulted in a very small allowable landscaping area in the front of the home. The Conservation Easement has been amended to allow greater landscaping and the new drainage easement boundaries follow those of the amended Conservation Easement. The vacation will not result in conflicts with installed utilities. Staff views the request positively. MOTION: Butcher 1 se the Public Hearin and moved, seconded by Case,to close g adopt Resolution No. 2006-140 vacating part of the Drainage and Utility Easement over Lot 1, Block 1, Meadowcroft. Motion carried 5-0. CITY COUNCIL MINUTES December 4,2006 Page 4 C. AMENDING CHAPTER 3 COMPREHENSIVE GUIDE PLAN TO ADD GOLF COURSES AS LAND USE (Resolution No. 2006-141 for Guide Plan Change) Neal said the proposed changes are the result of a study authorized by the City Council on March 21, 2006. The purpose of the study was to identify and cure inconsistencies between the City's Comprehensive Guide Plan and the City's Zoning Code for Bearpath, Olympic Hills, Glen Lake, and Bent Creek golf courses. The proposed changes will allow only golf-course related activity on all of the golf courses. Golf course related activity would be golf holes,practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses,cart paths and irrigation facilities. Permanent or temporary residential use or transient hotel use would not be permitted. The Met Council must take action on the guide plan change before the City can adopt the ordinance. The City Council should hold the public hearing on the guide plan amendment and take action on the resolution for the guide plan change tonight. The public hearing on the proposed amendment to City Code Chapter 11 will be continued to the January 16, 2007, City Council meeting. Attorney Bruce Malkerson, representing Sam Hertzog, said language in the resolution naming four specific golf courses should be stricken.He referenced his memo in the Council packet as well as his comments before the Planning Commission. He asserted tonight's action in no way re-guides his client's property and that further comments could be saved for the continued hearing on January 16'h. Case asked for clarification on the action. Jeremiah said she had confirmed with the City Attorney the language should be stricken. Rosow noted the resolution would amend the text of the guide plan to include a golf course designation, but it is not necessary to list the specific properties affected in the definition of the district. The listing of the properties was a relict of the original plan to act on the guide plan change and rezoning of the four courses at tonight's meeting. There is no intention to enact the guide plan change and rezoning of the properties tonight and no reason to leave in that language. Resident Steve Chelesnik, of 7269 Howard Lane,thanked the Staff and Planning Commission for their review and recommendations. He asked Council to remember the community's interest, expectations and promises made and said he would speak more at the continuation January 16t'. MOTION: Young moved, seconded by Butcher,to close the Public Hearing and adopt Resolution No. 2006-141 for amending the Comprehensive Guide Plan to create a new land use category called"Golf Course." Motion carried 5-0. D. AMENDING CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES Neal said the Met Council needs to approve the Comprehensive Guide Plan text change to add golf course as a land use before the City can take action on the proposed amendments to Chapter 11 of the City Code relative to golf courses. CITY COUNCIL MINUTES December 4,2006 Page 5 MOTION: Case moved, seconded by Butcher,to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. E. BENT CREEK GOLF COURSE GUIDE PLAN CHANGE& REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres,Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. Neal said the Met Council needs to approve the Comprehensive Guide Plan text change to add golf course as a land use before the City can take action to change the use and zoning of any golf course. The staff recommends continuing public hearings E-H to the January 16,2007 Council meeting. MOTION: Butcher moved, seconded by Case,to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. F. OLYMPIC HILLS GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.71 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres,Zoning District Change_from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres,Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course MOTION: Aho moved, seconded by Case,to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. G. BEARPATH GOLF COURSE GUIDE PLAN CHANGE&REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres, Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bear path Golf Course MOTION: Butcher moved, seconded by Case,to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. H. GLEN LAKE GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres,Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course Case asked if the County had a higher zoning authority than the City for this golf course.Neal said no but he would check. MOTION: Case moved, seconded by Aho,to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. CITY COUNCIL MINUTES December 4,2006 Page 6 I. FIRST READING OF AN ORDINANCE AMENDING FEE SCHEDULE FOR THE CITY'S COSTS IN ADMINISTERING OFFICIAL CONTROLS Neal said this ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Sub. 4. This action is required yearly to set fees. MOTION: Aho moved, seconded by Young,to close the Public Hearing and approve 1st Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Young,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 A. BECKER REZONING by Lee and Carry Becker. Location: 9795 Bluff Road. (2°d Reading of Ordinance 28-2006 for Zoning District Change) Neal said this is a rezoning of a single-family lot from Rural to RI-13.5 located at 9795 Bluff Road. No Development Agreement is necessary. The Council is requested to take action on the second reading ordinance. The action requires a 4 out of 5 vote for approval. MOTION: Case moved, seconded by Young,to approve 2nd Reading of Ordinance No. 28-2006 for Zoning District Change from Rural to RI-13.5 on .83 acres. Motion carried 5-0. XI. PETITIONS.REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR CITY COUNCIL MINUTES December 4,2006 Page 7 1. Round Lake Park Athletic Field Lighting Neal said residents within 1,000 feet of the Round Lake Park boundary were notified of the City proposal to light softball field#6. The City received no input from residents. If approved this project would begin in the spring of 2007 and be completed by fall 2007.The estimated cost for lighting this softball field is$80,000.Revenue generated from the adult softball teams for these types of improvements will pay off that amount in three years. The Parks and Recreation Commission approves the proposal. MOTION: Young moved, seconded by Case, to recommend approval of lighting softball field #6 as a part of the Round Lake Park renovation project in 2007. 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: Butcher moved, seconded by Case, to adjourn the meeting. The meeting adjourned at 8:12 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Christy Weigel, Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. 2007 Renewal Licenses Courtyard Management Corporation On-Sale Liquor DBA: Courtyard By Marriott Kabuki, Inc Don Pablo's Operating Corp. DBA: Kabuki Restaurant DBA: Don Pablo's Grille Mexicana On-Sale and Sunday Liquor TA, Inc DBA: Great Mandarin Apple American Ltd Ptsp of MN DBA: Applebee's Neighborhood Grill&Bar Purple Star, Inc DBA: Green Mill of Eden Prairie Bearpath Golf&Country Club,Ltd Ptsp of MN Shady Oak Hospitality, Ltd Ptsp DBA: Bearpath Golf&Country Club DBA: Hilton Garden Inn Minneapolis/Eden Prairie Bent Creek Golf Club,Inc DBA: Bent Creek Golf Club Eden Prairie Jakes, Inc DBA: Jake's City Grille Biaggi's Ristorante Italiano, LLC DBA: Biaggi's Ristorante Italiano LTF Club Operations Company, Inc DBA: Life Time Fitness Leiserv, Inc DBA: Brunswick Zone—Eden Prairie Wadsworth Old Chicago, Inc DBA: Old Chicago BUCA Restaurants 2, Inc DBA: BUCA di BEPPO Olympic Hills Corporation DBA: Olympic Hills Golf Club Campiello,LLC DBA: Campiello Outback/Midwest 11,LTD DBA: Outback Steakhouse Annies Restaurants II, LLC DBA: Canyon Grille Redstone American Grill, Inc DBA: Redstone American Grill Champps Operating Corporation DBA: Champps Americana - 1 - Clerk's License List Page 2 RT Minneapolis Franchise, LLC The Noodle Shop Co., --Colorado, Inc DBA: Ruby Tuesday DBA: Noodles &Company TGI Friday's of Minnesota, Inc. JSK Holdings LLC DBA: T.G.I. Friday's DBA: Pastrami Jack's Timber Lodge Steakhouse, Inc Pei Wei Asian Diner, Inc DBA: Timber Lodge Steakhouse DBA: Pei Wei Asian Diner Wildfire Eden Prairie, LLC Civitali Restaurant Corporation DBA: Wildfire DBA: Punch Neapolitan Pizza Gemelli, LLC DBA: Woody's Shady Oak Grille On-Sale Club Eden Prairie Lions Club, Inc On-Sale Wine with Strong Beer DBA: Eden Prairie Lions Club Chipotle Mexican Grill of Colorado, LLC DBA: Chipotle 3.2 Beer On-Sale D'Amico& Sons,LLC DBA: D'Amico& Sons Davanni's, Inc DBA: Davanni's Pizza&Hot Hoagies Detello's, Inc DBA: Detello's Pizza&Pasta Lions Tap, Inc DBA: Lions Tap EP Vietnamese Restaurant Inc DBA: EP Vietnamese Restaurant CSM RI Eden Prairie, L.L.C. DBA: Residence Inn by Marriott Minneapolis Fuddruckers, Inc Southwest DBA: Fuddruckers India Palace New, Inc DBA: India Palace 3.2 Beer Off-Sale Kabobi,LLC Jerry's Enterprises, Inc DBA: Kabobi DBA: Cub Foods Eden Prairie NYT Enterprises, Inc. Jerry's Enterprises, Inc DBA: Little Sushi on the Prairie DBA: Jerry's Foods Eden Prairie New Beijing, Inc DBA: New Beijing Chinese Restaurant Lions Tap, Inc DBA: Lions Tap Clerk's License List Page 3 Eden Prairie Jakes, Inc PDQ Food Stores, Inc DBA: Jake's City Grille DBA: PDQ Store#215 Kath Fuel Oil Service Co. RBF Corp. of Wisconsin DBA: GAS/PLUS 17 DBA: Rainbow Foods Purple Star, Inc Speedway SuperAmerica, LLC DBA: Green Mill of Eden Prairie DBA: SuperAmerica#4441 HOLIDAY STATIONSTORES, INC Speedway SuperAmerica,LLC DBA: Holiday Stationstore#343 DBA: SuperAmerica#4159 Jerry's Enterprises, Inc Speedway SuperAmerica,LLC DBA: Jerry's Foods Eden Prairie DBA: SuperAmerica#4269 Norseman Oil Co. DBA: Mark's Hwy 5 BP Cigarette& Tobacco Products The W. Gordon Smith Co. DBA: Mobil AD Eagle Mobil, Inc DBA: AD Eagle Mobil, Inc Twin Cities Stores, Inc DBA: Oasis Market#527 KO-B, INC DBA: Aztec BP Wadsworth Old Chicago, Inc DBA: Old Chicago Bearpath Golf&Country Club, Ltd Ptsp of MN Olympic Hills Corporation DBA: Bearpath Golf&Country Club DBA: Olympic Hills Golf Club Colonial Auto Inc PDQ Food Stores, Inc DBA: BP Amoco DBA: PDQ Store#215 Champps Operating Corporation RBF Corp. of Wisconsin DBA: Champps Americana DBA: Rainbow Foods Costco Wholesale Corporation Randy's Bobby& Steve's Auto World DBA: Costco Wholesale#783 DBA: Randy's Bobby& Steve's Auto World Jerry's Enterprises, Inc Redstone American Grill, Inc DBA: Cub Foods Eden Prairie DBA: Redstone American Grill Babe VI LLC I Hiawatha Marketing, Inc DBA: Smokers Haven DBA: Eden Prairie Grocery Snyder's Drug Stores, Inc Clerk's License List Page 4 DBA: Snyder's Drug Store#5087 Snyder's Drug Stores DBA: Snyder's Drug Store#5054 B&K Eden Prairie, Inc DBA: Super Gas U.S.A. Speedway SuperAmerica, LLC DBA: SuperAmerica#4441 Speedway SuperAmerica, LLC DBA: SuperAmerica#4159 Speedway SuperAmerica,LLC DBA: SuperAmerica#4269 Walgreen Co. DBA: Walgreens#06280 Walgreen Co. DBA: Walgreens#05080 Wal-Mart Stores, Inc DBA: Wal-Mart Store#1855 Private Kennel Becky Beiersdorf—3 dogs Evelyn Bone—4 cats Talitha Davey—5 dogs Kimberly Donahue—4 cats Peggy Hagen—4 dogs Michael Juntunen—3 dogs Lynette Vernoia—3 dogs Deborah Winter—3 cats Commercial Kennel Hound Dog Pet Hotel Kingdale Kennels, Inc CITY COUNCIL AGENDA DATE: December 19, 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Development/Planning Twin City Co-ops Federal Janet Jeremiah Regina Herron Credit Union Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional service Zoning District on 4.22 acres; and • Adopt the Resolution for Site Plan Review on 1.48 acres; and • Approve the Development Agreement for Twin City Co-ops Federal Credit Union;and • Approve and Authorize Issuance of a Grading Permit for Twin City Co-ops Federal Credit Union, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated November 14, 2006, as approved by the City Council; and • Approve the Development Agreement Supplement for Horizon Place. Synopsis This proposal amends the Horizon Place PUD consisting of an 18,000 square foot Office Max building currently under construction and an 11,000 square foot retail building. The proposed plan shows a 5,840 square foot Twin City Co-ops Federal Credit Union in place of the 11,000 square foot retail building. A Development Agreement Supplement has been prepared for Horizon Place covering cross access and maintenance,zero lot line waiver, a landscape island, and proof of parking. The 120-Day Review Period Expires on January 17, 2007. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement for Twin City Co-ops Federal Credit Union 5. Development Agreement Supplement for Horizon Place TWIN CITY CO-OPS FEDERAL CREDIT UNION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.30-2006-PUD-20-2006 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 Commercial Regional Service Zoning District 30-2006-PUD-20-2006 (hereinafter 'PUD-20- 2006-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-20-2006-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-20-2006-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-20-2006-C-REG-SER are justified by the design of the development described therein. D. PUD-20-2006-C-REG-SER 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 December 19, 2006, entered into between Twin City Co- ops Federal Credit Union, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-20-2006-C-REG-SER, 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 Commercial Regional Service District and shall be included hereafter in the Planned Unit Development 20-2006-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14t'day of November, 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 December, 2006. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on ,2006. EXHIBIT A PUD Legal Description — Lot 1, Block 1,Horizon Place according to the recorded plat of Hennepin County,Minnesota TWIN CITY CO-OPS FEDERAL CREDIT UNION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.30-2006-PUD-20-2006 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 8577 Columbine Road within the Commercial Regional Service 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 , 2006. (A full copy of the text of this Ordinance is available from City Clerk.) TWIN CITY CO-OPS FEDERAL CREDIT UNION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR TWIN CITY CO-OPS FEDERAL CREDIT UNION BY TWIN CITY CO-OPS FEDERAL CREDIT UNION WHEREAS, Twin City Co-ops Federal Credit, has applied for Site Plan approval of Twin City Co-ops Federal Credit Union to construct a 5,840 square foot bank/credit union with drive-thru, by an Ordinance approved by the City Council on November 14, 2006; and WHEREAS,the Planning Commission reviewed said application at a public hearing at its September 11, 2006 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its November 14, 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 Twin City Co-ops Federal Credit Union based on the Development Agreement between Twin City Co-ops Federal Credit Union and the City of Eden Prairie, reviewed and approved by the City Council on December 19, 2006. ADOPTED by the City Council of the City of Eden Prairie this 19d'day of December, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A.Porta, City Clerk DEVELOPMENT AGREEMENT TWIN CITY CO-OPS FEDERAL CREDIT UNION THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of December 19, 2006,by Twin City Co-ops Federal Credit Union,a Minnesota Corporation,hereinafter referred to as 'Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for,Planned Unit Development Concept Review on 4.22 acres, Planned Unit Development District Review with waivers, Zoning District Amendment within the Commercial Regional Service District on 4.22 acres, Site Plan Review on 1.48 acres, and Preliminary Plat of 4.22 acres into 2 lots, legally described on Exhibit A(the "Property"); NOW,THEREFORE,in consideration ofthe City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning Amendment within the Commercial Regional Service District,Resolution No. for Site Plan Review,and Resolution No. for Preliminary Plat,Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated November 14, 2006, reviewed and approved by the City Council on November 14, 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. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the final plat for any portion of the Property or in the event there is no final plat,prior to the issuance of the first building permit for any portion of the property.Developer shall provide a Cross Access Easement and Maintenance Agreement(the"Easement Agreement")over the private driveway located within the Property that provides cross access to both the Property and Lot. 1,Block 1 Horizon Place 2nd Addition,adjacent to the Property. The form ofthe Agreement must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access and maintenance over the private driveway and those portion of the storm sewers which serve both Property and Lot 1, Block 1 Horizon Place 2❑d Addition. All of these facilities shall be privately owned and maintained by the Developer. After approval by the City, Developer shall file the Easement Agreement with the Hennepin County Recorder/Registrar of Title as appropriate prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer, or its successors and/or assigns. Prior to the release of the final plat for any portion of the Property or in the event there is no final plat, prior issuance of the first building permit for any portion of the Property, Developer shall submit to the City Engineer proof that the Cross Access Easement,Private Utility and Maintenance Agreement have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer, its successors and/or assigns.. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. GRADING, DRAINAGE, AND 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 information,including wetland boundaries,wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities,such as water quality ponding areas,stormwater detention areas, and stormwater infiltration systems; and any 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 Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. 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 INFILTRATION SYSTEM CONSTRUCTION: Stormwater Infiltration Systems (such as Rainwater Gardens, Vegetated Swales or Infiltration Trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction,erosion,vegetation loss and channelization of flow are not occurring, and thereafter by the Owner of the Property.A Planting Plan for the Stormwater Infiltration Systems must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Infiltration Systems for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm water Manual"dated November 2005,the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing g prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Infiltration Systems shall be kept free of debris,litter,invasive plants and sediment which shall be removed by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Infiltration Systems. This shall include debris and litter removal,removal of noxious and invasive plants,removal of dead and diseased plants, re-mulching of void areas, replanting or reseeding areas where dead or diseased plants were removed and hand removal of sediment build-up. C. 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. 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation ofthe approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. p rtY• 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 76 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Supplements to this Agreement executed by and between the City of Eden Prairie and Par-Vest, Inc, a Minnesota corporation is attached as Exhibit D and is incorporated herein by reference and made a part of this Agreement. 12. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number). A. Side yard setback to parking of 0 feet within the parking area. Code requires 10 feet. 14. 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 agrees that the materials to be used shall be compatible with those used on adjacent lands within the Horizon Place and Fountain Place PUD's. 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. 15. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code,Section 11.70,Subdivision 5a. 16. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 17. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 18. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building, include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Twin City Co-Ops Federal Credit Union By By Jim Chamberlain Nancy Tyra-Lukens Its Vice President Its Mayor By Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 19th day of December,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 , of , a Minnesota , on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—TWIN CITY CO-OPS FEDERAL CREDIT UNION Legal Description Before Final Plat That part of Lot 1, Block 1, HORIZON PLACE, according to the recorded plat thereof, Hennepin County, Minnesota, lying northeasterly, northerly and northeasterly of the following described line: Commencing at a northeasterly corner of said Lot 1, said corner being common to the southeasterly right of way of Columbine Road;thence South 48 degrees 12 minutes 43 seconds West, assumed bearing along the northerly line of said Lot 1, a distance of 192.00 feet;thence South 54 degrees 51 minutes 59 seconds West, a distance of 72.74 feet to the actual point of beginning of the line to be described;thence South 41 degrees 40 minutes 46 seconds East, a distance of 50.00 feet;thence North 54 degrees 51 minutes 58 seconds East, a distance of 41.41 feet;thence South 55 degrees 04 minutes 50 seconds East, a distance of 195.94 feet to the southerly line of said Lot 1 and there terminating. Legal Description After Final Plat Lot 2, Block 1 Horizon Place 2nd Addition EXHIBIT B DEVELOPMENT AGREEMENT—TWIN CITY CO-OPS FEDERAL CREDIT UNION PLANS LIST OF MATERIALS 1. Sheet TS, Title Sheet,Vicinity Map Survey dated 11/6/06 by HTG Architects 2. Preliminary Plat/Existing Conditions dated 8/4/06 by Westwood Professional Services 3. Sheet CI,Grading,Drainage and Erosion Control Plan dated 11/6/06 by Anderson Engineering of Minnesota,LLC 4. Sheet C2, Utility Plan dated 11/6/06 by Anderson Engineering of Minnesota, LLC 5. Sheet PEI, Site Plan-Photometric dated 8/4/06 by HTG Architects 6. Sheet L1.0, Landscape Plan dated 11/6/06 by Ernst Associates 7. Sheet A1, Site Plan dated 11/6/06 by HTG Architects 8. Sheet A2, Floor Plan dated 11/6/06 by HTG Architects 9. Sheet A3, Exterior Elevations dated 11/6/06 by HTG Architects EXHIBIT C DEVELOPMENT AGREEMENT—TWIN CITY CO-OPS FEDERAL CREDIT UNION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. V. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VI. Developer represents that it has marketable fee title to the Property,except: Par-Vest, Inc, a Minnesota corporation 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. IX. Developer shall submit detailed water main, fire protection,and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted.by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast f the Development Agreement. Notice shall be o e development contemplated b this Develo me P P Y p �' sent to Comcast Cable, 9705 Data Park,Minnetonka,Minnesota 55343. 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 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. (NOT APPLICABLE) 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 ifthe 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) g tY q 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 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—TWIN CITY CO-OPS FEDERAL CREDIT UNION OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PAR-VEST,INC,A MINNESOTA CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of December 19, 2006,by and between Par-Vest, Inc; a,Minnesota corporation, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District, Resolution No. for Site Plan Review,and Resolution No. for Preliminary Plat,as more fully described in that certain Development Agreement entered into as of December 19,2006,by and between Twin City Co-Ops Federal Credit Union, a Domestic Corporation, and City ("Development Agreement"), Owner agrees with City as follows: I. If Twin City Co-Ops Federal Credit Union, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement,Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner,their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Par-Vest, Inc. 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 Par-Vest,Inc.,a Minnesota Corporation,on behalf of the Notary Public EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat That part of Lot 1,Block 1,HORIZON PLACE, according to the recorded plat thereof, Hennepin County, Minnesota, lying northeasterly, northerly and northeasterly of the following described line: Commencing at a northeasterly corner of said Lot 1, said corner being common to the southeasterly right of way of Columbine Road;thence South 48 degrees 12 minutes 43 seconds West, assumed bearing along the northerly line of said Lot 1, a distance of 192.00 feet;thence South 54 degrees 51 minutes 59 seconds West, a distance of 72.74 feet to the actual point of beginning of the line to be described;thence South 41 degrees 40 minutes 46 seconds East, a distance of 50.00 feet;thence North 54 degrees 51 minutes 58 seconds East, a distance of 41.41 feet;thence South 55 degrees 04 minutes 50 seconds East, a distance of 195.94 feet to the southerly line of said Lot 1 and there terminating. Legal Description After Final Plat Lot 2, Block 1 Horizon Place 2nd Addition HORIZON PLACE SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO AGREEMENT,made and entered into as of December 19, 2006, by PAR-VEST INC., A MINNESOTA CORPORATION, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 4.22 acres, Planned Unit Development District Review with waivers on 4.22 acres, Zoning District Amendment within the Commercial Regional Service District on 1.48 acres, Site Plan Review on 1.48 acres,and Preliminary Plat of 4.22 acres into 2 lots,all situated in Hennepin County, State of Minnesota,more fully described in Exhibit A,attached hereto and made a part hereof,and; WHEREAS,the parties desire to amend the Development Agreement between Par-Vest,Inc, a Minnesota corporation and Jeffery J.Weyers and Marisela M.Weyers,husband and wife,Robert J. Weyers and Tracy L.Weyers,husband and wife,and Paul A.Mister and Brenda K.Mister,husband and wife, as tenants in common and the City of Eden Prairie for Horizon Place, dated March 21, 2006,(hereinafter the"Development Agreement)for that portion ofthe Property legally described in Exhibit A,attached hereto and made a part hereof,and depicted as the"Amended Area"in the Plans, and made a part hereof; NOW THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning Amendment within the Commercial Regional Service District on 1.48 acres, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat,Developer agrees to construct,develop and maintain the Property as follows: 1. "Developer shall develop the Amended Area of the Property in conformance with the materials revised and dated November 14,2006,reviewed and approved by the City Council on November 14, 2006, and attached hereto as the Plans, subject to such changes and modifications as provided herein. 2. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release ofthe final plat for any portion of the Property or in the event there is no final plat,prior to the issuance of the first building permit for any portion of the Property, Developer shall provide a Cross Access Easement,Private Utility and Maintenance Agreement over the private driveway located within the Property that provides cross access to Lot 2,Block 1 Horizon Place 2nd Addition,adjacent to the Property. The form ofthe Agreement must be approved in writing by the City Engineer.This Agreement shall address joint vehicle access and maintenance over the private driveway and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. After approval by the City, Developer shall file the Cross Access Easement, Private Utility and Maintenance Agreement with the Hennepin County Recorder/Registrar of Title as appropriate 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 release of the final plat for any portion of the Property or in the event there is no final plat,prior issuance of the first building permit for any portion of the Property, Developer shall submit to the City Engineer proof that the Cross Access Easement, Private Utility and Maintenance Agreement have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office 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. 3. LANDSCAPE PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the amended area. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans as depicted on Exhibit B. 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. 5. PROOF OF PARKING SPACES: Developer and City acknowledge that the 14 proof of parking spaces proposed for the Property, depicted in the Plans, and that said spaces are not required to be constructed at this time. At such time as the City Manager, in his or her sole discretion,determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use,the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number,location and timetable for construction of the additional proof- of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 6. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service_District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD(list PUD numberZ A. Side yard setback to parking of 0 feet within the parking area. Code requires 10 feet. 7. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of "Developer" under the Development Agreement, except as inconsistent with or amended by this Supplement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Par-Vest, Inc. By By Its Nancy Tyra-Lukens Its Mayor By Scott H.Neal Its City Manager STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 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 Par-Vest,Inc.,a Minnesota Corporation,on behalf of the Notary Public EXHIBIT A SUPPLEMENT TO DEVELOPMENT AGREEMENT--HORIZON PLACE Legal Description Before Final Plat That part of Lot 1, Block 1, HORIZON PLACE, according to the recorded plat thereof, Hennepin County, Minnesota, lying southwesterly, southerly and southwesterly of the following described line: Commencing at a northeasterly corner of said Lot 1, said corner being common to the southeasterly right of way of Columbine Road;thence South 48 degrees 12 minutes 43 seconds West, assumed bearing along the northerly line of said Lot 1, a distance of 192.00 feet;thence South 54 degrees 51 minutes 59 seconds West, a distance of 72.74 feet to the actual point of beginning of the line to be described;thence South 41 degrees 40 minutes 46 seconds East, a distance of 50.00 feet;thence North 54 degrees 51 minutes 58 seconds East, a distance of 41.41 feet;thence South 55 degrees 04 minutes 50 seconds East, a distance of 195.94 feet to the southerly line of said Lot 1 and there terminating. Legal Description After Final Plat Lot 1, Block I Horizon Place 2na Addition EXHIBIT B SUPPLEMENT TO DEVELOPMENT AGREEMENT—HORIZON PLACE PLANS 1. Sheet L1.0, Landscape Plan dated 11/6/06 by Ernst Associates CITY COUNCIL AGENDA DATE: December 19, 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.C. Community Development/Planning The Lock Up Janet Jeremiah Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to Commercial Regional Service on 2.11 acres; and • Adopt the Resolution for Site Plan Review on 2.11 acres; and • Approve the Development Agreement for The Lock Up; and • Approve and Authorize Issuance of a Grading Permit for The Lock Up, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated November 14 2006 as approved b the City Council. P p p Y h'p Synopsis The proposed plan shows a 71,187 square foot self-storage building. The 120-Day Review Period Expires on January 24, 2007. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan 4. Development Agreement THE LOCKUP CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 31-2006-PUD-21-2006 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: 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 RuralDistrict 3 Zoning District and be laced in the Commercial Regional Service Zoning Dist 1- g p g g 2006-PUD-21-2006 (hereinafter"PUD-21-2006-C-REG-SEW"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of December 19, 2006, entered into between Lock-Up Evergreen Development Series LLC,Eden Prairie Development Series, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-21-2006-C-REG-SER, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-21-2006-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-21-2006-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-21-2006-C-REG—SER are justified by the design of the development described therein. D. PUD-21-2006-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development PUD-21-2006-C-REG- SER and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14 day of November, 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 December, 2006. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on ,2006. EXHIBIT A Legal Description: Lot 1,Block 1, Minnesota Tree Third Addition, according to the recorded plat thereof,Hennepin County,Minnesota. THE LOCK UP CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.31-2006-PUD-21-2006 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 at 12995 Valley View Road, from the Rural Zoning District to the Regional Commercial Service Zoning District on 2.11 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on A full co of the text of this Ordinance i available from City Clerk. ( copy d aces ty ) THE LOCK UP CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR THE LOCK UP BY LOCK UP EVERGREEN DEVELOPMENT SERIES,LLC,EDEN PRAIRIE DEVELOPMENT SERIES WHEREAS, Lock Up Evergreen Development Series,LLC, Eden Prairie Development Series, has applied for Site Plan approval of The Lock Up to construct a three story self-storage building, by an Ordinance approved by the City Council on December 19, 2006; and WHEREAS,the Planning Commission reviewed said application at a public hearing at its October 9, 2006 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its November 14,2006 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to The Lock Up based on the Development Agreement between Lock Up Evergreen Development Series,LLC, Eden Prairie Development Series and the City of Eden Prairie,reviewed and approved by the City Council on December 19, 2006. ADOPTED by the City Council of the City of Eden Prairie this 19t" day of December, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT THE LOCK-UP THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of December 19, 2006, by Lock Up-Evergreen Development Series, LLC, Eden Prairie Development Series, 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 2.11 acres,Planned Unit Development District Review with waivers on 2.11 acres,and Zoning District Change from Rural to Commercial Regional Service Zoning District on 2.11 acres,Site Plan Review on 2.11 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 Change from Rural to Commercial Regional Service on 2.11 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 November 14, 2006, reviewed and approved by the City Council on November 14, 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. ACCESS AGREEMENT: Prior to building permit issuance for the Property, Developer shall provide an Access Easement,over the private driveway located within the Property for the benefit of Lot 2, Block 1, Minnesota Tree P Addition, adjacent to the Property. This Agreement shall address joint vehicle access and maintenance over the private driveway. These facilities shall be privately owned and maintained by the Developer or Owner. After approval by the City,Developer shall file the Access Easement with the Hennepin County Recorder/Registrar of Title as prior to building permit issuance for the Property 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 or with the consent of the holder(s)of such prior interests. Prior to building permit issuance Developer shall submit to the City Engineer proof that the Access Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. GRADING, DRAINAGE, AND 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 information including g g g p � g wetland boundaries,wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities,such as water quality ponding areas,stormwater detention areas, and stormwater infiltration systems; and any 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 Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. P Y 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 INFILTRATION SYSTEM CONSTRUCTION: Stormwater Infiltration Systems (such as Rainwater Gardens, Vegetated Swales or Infiltration Trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction,erosion,vegetation loss and channelization of now are not occurring, and thereafter by the Owner of the Property.A Planting Plan for the Stormwater Infiltration Systems must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Infiltration Systems for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm water Manual"dated November 2005,the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Infiltration Systems shall be kept free of debris,litter,invasive plants and sediment which shall be removed by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Infiltration Systems. This shall include debris and litter removal,removal of noxious and invasive plants,removal of n replantingor reseeding areas dead and diseased plants, re-mulching of void areas, g where dead or diseased plants were removed and hand removal of sediment build-up. C. 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. 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with p p P pp g the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 227 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. The Minneapolis Foundation and Walter S. Carpenter, Trustees of the Walter and Elsa Carpenter Charitable Remainder Unitrust, Created under Agreement dated December 22, 1994, of their successors in trust. 12. PROOF OF PARKING SPACES: Developer and City acknowledge that the 27 proof of parking spaces proposed for the Property,depicted in the Plans,and that said spaces are not required to be constructed at this time. At such time as the City Manager,in his or her sole discretion,determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number,location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD(list PUD number): A. A floor area ratio of 0.78. City code permits up to a 0.40 floor area ratio in the Commercial Regional Service zoning district. B. Required parking from 427 spaces to 9 spaces plus 27 proof of parking spaces. City code requires 6 per 1000 gross square feet of building area. Developer shall provide additional screening within the setback in or to minimize the impact of this waiver. The plans for the additional screening shall be submitted to and approved in writing by the City Planner prior to issuance of any building permit for the Property. 14. 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. 15. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code,Section 11.70,Subdivision 5a. 16. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 17. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 18. WETLAND PLAN: Prior to 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 issuance of the first building permit 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 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 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 prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or with the holders consent, 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 issuance ofthe 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. 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 and 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 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 By By Its 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 December,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 December, 2006, by the , of , a Minnesota on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—THE LOCK-UP Legal Description Lot 1,Block 1, Minnesota Tree Third Addition, Hennepin County, Minnesota Abstract Property EXHIBIT B DEVELOPMENT AGREEMENT—THE LOCK-UP PLANS 1. Sheet GO-0, Title Sheet, Drawing Index, Building Code Data,Abbreviations& Symbols Legend dated 9/27/06 by Sullivan Goulette Architects 2. Sheet GO-1, ALTA/ACSM Land Title Survey dated 5/19/06 by James R. Hill 3. Sheet AO-1,Aerial Context Plan dated 09/27/06 by Sullivan Goulette Architects 4. Sheet AO-2, Site Plan dated 9/27/06 by Sullivan Goulette Architects 5. Sheet C-1, Grading Plan dated 9/22/06 by Sullivan Goulette Architects 6. Sheet C-2, Utility Plan dated 9/22/06 by Sullivan Goulette Architects 7. Sheet C-3, Details dated 9/19/06 by Sullivan Goulette Architects 8. Sheet C-4, Stormwater Pollution Prevention Plan dated 8/17/06 by Sullivan Goulette Architects 9. Sheet L-1, Landscape Plan dated 09/25/06 by Alan Whidby Landscapes 10. Sheet Al-1,Preliminary Floor Elevations dated 9/27/06 by Sullivan Goulette Architects 11. Sheet Al-2,Roof Plan dated 9/27/06 by Sullivan Goulette Architects 12. Sheet A2-1,North& West Elevations dated 9/27/06 by Sullivan Goulette Architects 13. Sheet A2-2, East& South Elevations dated 9/27/06 by Sullivan Goulette Architects 14. Sheet SL-I, Photometric Plan dated 9/26/06 by On Site Lighting& Surveying, LLC 15. Sheet C-5,Proof of Parking Plan dated 12/4/06 by Schoell Madson EXHIBIT C DEVELOPMENT AGREEMENT—THE LOCK-UP I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(I"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. V. Developer represents that it has marketable fee title to the Property, except: The Minneapolis Foundation and Walter S. Carpenter, Trustees of the Walter and Elsa Carpenter Charitable Remainder Unitrust, Created under Agreement dated December 22, 1994, of their successors in trust. 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. To the best of developers knowledge 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. VI. 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. VII. 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. VIII. 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. IX. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka,Minnesota 55343. X. 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. XI. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XII. 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. XIII. 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. XIV. 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. XV. 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. XVI. The Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles contemporaneously with the filing of the deed to the developer and prior to any mortgage. The first building permit shall not be released until proof of filing of the Development Agreement is submitted to the City. XVII. 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 ofthe 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. XVIII. 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. XIX. 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—THE LOCK-UP CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this_day of ,2006 by and between , a Minnesota Company, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more 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 ofthe 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 'Basement Area", attached hereto; NOW,THEREFORE,in consideration ofthe 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. p 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building,road, sign,billboard,utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement,and removal or placement of soil,shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may,no more than once per calendar year,remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used,employed,deposited,stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. To the best of the Grantors knowledge 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 a Minnesota on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A "THE PROPERTY" Legal Description EXHIBIT B "EASEMENT AREA" Legal Description EXHIBIT C "EASEMENT AREA" DIAGRAM OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN THE MINNEAPOLIS FOUNDATION AND WALTER S. CARPENTER,TRUSTEES OF THE WALTER AND ELSA CARPENTER CHARITABLE REMAINDER UNITRUST, CREATED UNDER AGREEMENT DATED DECEMBER 22, 1994, OF THEIR SUCCESSORS IN TRUST AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of December 19,2006,by and between The Minneapolis Foundation and Walter S. Carpenter, Trustees of the Walter and Elsa Carpenter Charitable Remainder Unitrust, Created under Agreement dated December 22, 1994, or their successors in trust, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt,Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to Commercial Regional Service, Resolution No. for Site Plan Review,as more fully described in that certain Development Agreement entered into as of December 19, 2006, by and between Lock Up-Evergreen Development Series, LLC and City ("Development Agreement"), Owner agrees with City as follows: l. If Lock Up-Evergreen Development Series,LLC, Eden Prairie Development Series, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of,Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to Commercial Regional Service, and Resolution No. for Site Plan Review, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner,their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE The Minneapolis Foundation and Walter S. Carpenter, Trustees of the Walter and Elsa Carpenter Charitable Remainder Unitrust By By Its 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 December,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 December, 2006, by , the of The Minneapolis Foundation and Walter S. Carpenter, Trustees of the Walter and Elsa Carpenter Charitable Remainder Unitrust. Notary Public CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.D. Office of the City Manager/ Second Reading of an Ordinance Finance, Sue Kotchevar Establishing a Fee Schedule For Administration of Official Controls Requested Action Move to: Approve 2nd Reading of the Ordinance Establishing a Fee Schedule for Administration of Official Controls and adopt the Resolution approving the summary ordinance. Synopsis The first reading of the Ordinance was approved at the December 4 City Council meeting. Attachment Proposed Ordinance Summary Ordinance Resolution approving Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 25 is amended by adding section "Fee Schedule for Administration of Official Controls." The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION WE% o -12 Building Permit-Valuation $1 to $500 $30.00 $501 to $2,000 $30.00 1st $500 plus $3.45 each add'1 $100 or fraction thereof,to & including $2,000 $2,001 to $25,000 $81.75 1st$2,000 plus $15.65 each add'1 $1,000 or fraction thereof,to& including $25,000 $25,001 to $50,000 $441.70 1st$25,000 plus $11.45 each add'l $1,000 or fraction thereof,to & including $50,000 $50,001 to $100,000 $727.95 1st$50,000 plus $8.00 each add'l $1,000 or fraction thereof,to& including $100,000 $100,001 to $500,000 $1,127.95 1 st $100,000 plus $6.40 each add'l $1,000 or fraction thereof,to& including $500,000 $500,001 to $1,000,000 $3,687.95 lst$500,000 plus $5.30 each add'1 $1,000 or fraction thereof, to& including $1,000,000 $1,000,001 & up $6,337.95 1" $1,000,000 plus $4.30 each add'1 $1,000 or fraction thereof SERVICE FEE DESCRIPTION Building Permit Other Ins ections &Fees Plan checking 65%of the building permit fee if valuation is greater than $10,000 Reins ection $50.00 Per hour Demolishing or Razing $25.00 Buildings Cash Park Fee Single Family Unit $6,000.00 All other residential $5,000.00 Per unit Office, Commercial, $11,000.00 Per acre Industrial y ` ...z r IN Al MUM Community Develo ment Deposit 0 to 40 Acres $3,500.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes and environmental assessment worksheets 41 to 80 acres $3,810.00 8 1+acres $4,345.00 Guide Plan Charge $590.00 Plus $5.00 per acre Planned Unit $650.00 Plus $5.00 per acre Development(P.U.D) Fee Planned Unit $650.00 Plus $5.00 per acre Development Amendment Platting Residential-0 to 10 units $425.00 Plus $5.00 per unit Residential-I I or more $530.00 Plus $5.00 per unit Commercial, Industrial, $425.00 Plus $25.00 per acre Office,Public-0 to 3 acres Commercial, Industrial, $545.00 Plus $25.00 per acre Office, Public-3.1 or more acres Site Plan Review Administrative $290.00 Site Plan Review(CityCouncil Multi-Family-0 to 10 $415.00 Plus $5.00 per unit units Multi-Family-11 or $520.00 Plus $5.00 per unit more units 2 SERVICE FEE DESCRIPTION Commercial, Industrial, $415.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial, Industrial, $535.00 Plus $25.00 per acre Office, Public-3.1 or more acres LZ—O—MN Commercial,Industrial, Office,Public 0-3 acres $425.00 Plus $25.00 per acre 3.1 or more acres $535.00 Plus $25.00 per acre Residential 0-10 units $425.00 Plus $5.00 per unit 11 or more units $535.00 Plus $5.00 per unit Shoreland Management Ordinance Permits Temporary structure in $65.00 public waters Change in structure in $65.00 public waters Multiple dock or dock $65.00 excess of 75' Zoning Amendment and Zoning Appeal Zoning amendment $220.00 Appeal to Board of Adjustments and Appeals Variances Residential $315.00 Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures and variances from all chapters of the City Code Variances Other $520.00 Includes variances associated with properties zoned office, industrial, commercial and residential Variances Building or $230.00 Fire Code Appeal kE Commercial Wireless Communications towers and/or antennas Administrative $255.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,000.00 Non-refundable Towers and/or antennas on City property Letter of Intent $1,000.00 Deposit for Additional funds may be required if the legal/consultant costs balance in the deposit account is inadequate to pay for all of the fees and costs incurred Variances required for See Development Fees tower and/or antennas 3 SERVICE FEE DESCRIPTION Site Plan Review See Development Fees required for tower and/or antennas Environmental $300.00 Plus $5.00 acre Assessment Worksheet E.A.W. Excavation & Grading—Grading Permit Fee 101 to 1,000 cubic yards $43.00 1st 100 cubic yards, plus $20.60 for each add'1 100 cubic yards or fraction thereof 1,001 to 10,000 cubic $229.00 1st 1,000 cubic yards, plus $17.50 for yards each add'1 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic $386.00 1st 10,000 cubic yards, plus $78.50 for yards each add'1 10,000 cubic yards or fraction thereof 100,001 or more $1,091.00 1st 100,000 cubic yards, plus $43.30 for each add'1 10,000 cubic yards or fraction thereof Additional plan review $35.00* Per hour/Minimum charge is one half fees hour required by changes, additions or revisions to approve plans Inspections outside $60.00* Per hour/Minimum charge is two hours normal business hours Reins ection fee $60.00 Each Inspection for which no $60.00* Per hour/Minimum charge is one half fee is specifically hour indicated Additional plan review $60.00* Per hour/Minimum charge is one half required for changes, hour additions, or revisions to approved plans *Or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include supervision, overhead,equipment, hourly wages and fringe benefits of the employees inv lv iinvolved. Excavation & Grading—Plan Checking Fee 101 to 1,000 cubic yards $43.00 1,001 to 10,000 cubic $59.00 yards 10,001 to 100,000 cubic $59.00 1st 10,000 cubic yards, plus $29.90 for yards each add'1 10,000 cubic yards or fraction thereof 100,001 to 200,000 $328.00 1st 100,000 cubic yards, plus$16.40 for cubic yards each add'1 10,000 cubic yards or fraction thereof 4 SERVICE FEE DESCRIPTION 200,001 cubic yards or $476.00 1"200,000 cubic yards,plus$8.20 for more each add'1 10,000 cubic yards or fraction thereof Additional plan review $35.00 Per hour/Minimum charge is one half fees hour,required by changes, additions or revisions to approve plans Public Right-of Way or Easement Vacation Application Fee $271.00 Per transaction/for vacating the City's interest in real property, including right- of-way and easement's(for consultation, review,notice mailing,publication of notice and recording) Signs Up to 30 sq ft in size $60.00 31 sq ft through 50 sq ft $80.00 in size 51 sq ft through 80 sq ft $100.00 in size 81 sq ft or over $125.00 Charge for returning $10.00 picked up signs ** The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee. Engineering—Land Development Services For consultants, utility and street plans and specifications, general and final inspections of improvements andspecial assessment division. Final Plan Review,Contract Administration,and Ins ection Review 5%multiplied by the Not applicable to projects built by city total construction cost through special assessment. Cost include public infrastructure improvements(excluding grading costs), subject to approval by City Engineer payable prior to start-up. Final Plat Residential $54.00 Per unit/Minimum $320.00 plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. Paid prior to release of plat. Commercial, Industrial, $130.00 Per acre/Minimum $320.00 Office and Public Administrative Land $69.00 Division 5 SERVICE FEE DESCRIPTION LGU Review Min.payment is $250. $75.00 An hour Plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. Payment is due after completion of site review activities, plan review and/or prior to release of plat LGU Deposit-Plan Review An LGU deposit $3,000.00 agreement is required for wetland alteration, wetland replacement, wetland restoration and/or wetland bank plan reviews LGU Deposit—Site Review An LGU deposit $1,000.00 agreement is required for site review and/or wetland delineation review Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective January 1, 2007. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of December, 2006, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of December,2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on 6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE -2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AND AMENDING ORDINANCE 19-2005 WHICH ESTABLISHES A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS,CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance amends Chapter 25 of the City Code by amending the fees established pursuant Ordinance 1 - Minnesota Statute a fee schedule to O e 9 2005 which established pursuant to p p for the City's costs in administering Official Controls. As also defined by Minnesota Statute, Official Controls may include zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Effective Date: This Ordinance shall take effect upon publication. Nancy Y T ra-Lukens,Mayor Attest: Kathleen Porta, City Clerk PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO._-2006 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2006 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 19t'day of December, 2006. NOW THEREFOR4E, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No._-2006 is lengthy and contains charts. B. The text of summary of Ordinance No. _-2006, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance_-2006 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on December 19, 2006. Nancy Tyra-Lukens,Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILE. Randy L. Slick Final Plat Approval of Eden Bluff Public Works/Engineering Highlands 0'Addition Requested Action Move to: Adopt the resolution approving the final plat of Eden Bluff Highlands 4d' Addition. Synopsis This proposal is for the plat located south of Charlson Road and east of Liatris Lane. The plat consists of 18.26 acres to be divided into two lots. This is a replat of Outlot A, Eden Bluff Highlands 2nd Addition. Background Information The preliminary plat was approved by the City Council on October 4, 2005. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on October 18, 2005. The resolution includes a variance to City Code 12.20 Subd. 2.A waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: • Receipt of street lighting fee in the amount of$2,993.76. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Revision to plat shall include boundary drainage and utility easements on Lots 1 &2. Attachments • Resolution • Plat drawing CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 06- A RESOLUTION APPROVING FINAL PLAT OF EDEN BLUFF HIGHLANDS 4TH ADDITION WHEREAS, the plat of Eden Bluff Highlands 4t' Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Eden Bluff Highlands 4 h Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on December 19, 2006. Nancy Trya-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk EDEN BLUFF HIGHLANDS 4 TH ADDITION TIR.T. DOc, NO. KNOW ALL NEN BY RRSE PRESENTS: Mat Eden Bluff Holdings LLG I Minnesota Ihnifed Ilobiffty company,fee o.x If the Wvl g*e 11"d property aituofed in the Cwnfy If Hennepin,State of Mn—to,to art: I hereby cxfily Mat I haw wrw,,d and platted the property described.IN,plot Is EDEN BLUFF HIGHLANDS sIH AODIROM, Mot this plot is I.1 rapr tlfi m If Me s X Mat oN dietvncee Im comedy,hewn.the plat In feet and hundredthe of a loaf:Mat ON monument,haw been correctly pl—n Me ground Ia shown I,mil be placed a,requNed by the lord gowmmenfN volt:fhaf the mWoo bwnd.y Ines om comcfly designated m the III Outlof A.EDEN BLUFF HIGHLANDS 2N0 ADDIRGJ,occoMh fo the recorded plot of Ha. plot d that them ore na wetl.d,o,defined n Mi6 a 1,Statutes.Section 505.02.Subd.I to be de,ignofed In q p pin County.Mnneavfa Id plat. HI.caused the some to be eurwyed Ind plotted Is EDEN BLUFF HIGLAN05 41H AMMI Ind dos,hereby dmafe Mork R.Sdq L.tl Svrwy. Ind deoh,.fe to the public for public vas f.ewr Me prainage and uWIty easement,a,Mown m the plot. Minnesota A,Lee No. my9 M eitneas Merool void Edm Blu/f Holdings LLC a Mnnsavfl limited liobgify componX has cwsetl these proemfs to $rA iE Qe M!N[SO rA Egpfry Oil HENNEM be signed by its propx agents this day of 20 the/egonq SLrwy.',Csrl"kofe was oc.-etedged bef.e me Mk_doy of - 201 by Mork R.Salo,L.d 5urwy.. 96TED: EBEN BLUFF HOLDINGS LLC By United PropxUea Inwatmmf LLC Nofxy Public, County Minnesota Ifs Dewlopmmf Agmf My GornmiJN.E.Piroe EO6W PRAOM ARNP&WM By By fib plat of EVEN BLUFF HIGHLANDS sM ADD17ION ea,ao rO.d and accsptstl by the City C-0 If Eden Pinkie,Minnesota, Fronk J.Dutke,Emwtiw Vice President WHlbm P.Kvtfx,Ncs President of o rogulx meetnq fhereaf held fhia_day oI TO_ if Ippllcable,the eriffm comment,end mdafi.e oI the Commi,ai.m of�sp.folion and the Cwnfy Highway&9,nw how been mceiwd by the SrA1E OF M WSMA OR,.the proscribed SO day penod has ofopeed with-t mceiyt of avch commmfa o,d recornmendati.x as provided CDUNry OF syEppy by Yk,—fo SLOW.., Section 505.03,Subdhieiw 2. the Dutke.E�acvn tiwa K.,Pmsidmf Ind w�Wei-P.Koffere Nee P lhhnf o!L4,;W P Pwtisa—It-1 LLC.Ifrwk J. Ory EpOyq,OF EVEW MANIC NkM=rA Mnnemf,limited Iiobilify,comp.,,development agent of Edm W.N Hotding,LLC.a Mih-solo limited liebkify _P.X.bMo/f of the camp.,. By By Mlyar City N.agx Notxy Public. Cwnfy min—to My Commission Espner rAN►AIEW SFRNf25 mrsm,Hennepin Cwnfy Minnesota I hereby cxthy Mat faxes Payable n .d pow,.are new e.m Paid lentl descnbod on IN,plot.Oatetl this doy of TO XI L.Ah—eo,NennepM County Audito, By D'aty SURWY DINSIG{Hennepin Cwnfy.Mnn—to Pprou.t to MINN.57A r.Sec.35M..565(1969)Ml,prof he,been Wmwd this doy of 2C . NMlom P.Brown,Hennepin Cwnty Surwyx By RMSIRM Or RRES,Hennepin Cwnfy.Minnewf, I hereby cxfily Mat the Wlhn plot of EDEN BLUFF HIGHLANDS sM AM PON was Red k IN.ofr-We day I, Z It I'cllck_.M. Michael N.Limniff,Rw4hor of Rtfe, By Dept ty WESTWOOD Prof.eknol S—fat.inc. Sheet f of 2 Meefs 8 E E 0 w Eti Ems.' 0 CA Jt 119, Zt s: z� Vrv� rvE o$ o� / / / R t• � 6 V Q Pi I kip / � w e v / CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.F. Randy L. Slick Final Plat Approval of Horizon Place 2nd Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Horizon Place 2nd Addition Synopsis This proposal is for the plat located west of TH212 and south of Fountain Place. The plat consists of 4.22 acres, which will be divided into two lots. This is a replat of Lot 1, Block 1, Horizon Place. Background Information The preliminary plat was approved by the City Council on November 14, 2006. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on December 19, 2006. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$531.72. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways certified by surveyor. • Developer shall provide a cross access easement, private utility and Maintenance Agreement over the private driveway.. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. Attachments • Resolution • Plat map & description CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.06- A RESOLUTION APPROVING FINAL PLAT OF HORIZON PLACE 2ND ADDITION WHEREAS, the plat of Horizon Place 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder,and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Horizon Place 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 19, 2006. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on December 19,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk HORIZON PLACE 2ND ADDITION I R.T. DOC. IVO. KNOW ALL MEN BY MESS PRESENTS Mot Pwwat.Mc..a MMns..to c —tim,Poe owner of the fallowing d—bsd property situated M the Cpnfy If I hereby certify that/hero eurwyed and p roper gtfed the property dsaw�bed m M/s plot as HORIZON PLACE 2ND AOp DON; HmmpM,State o{Minnsata,fo wit: fhot this pat arrest rpraxnfaflm of Me rvrrey, Mot.11 distances er orrxfly Mown m the dot M feel and Lot I,Block 1,Hwr[m Plan,H—VI,Cp ty,MMnepta. hmAedthe of I. Ioot:that oR monuments hors been eorrsctly posed M the ground as Mown:Mot the o,told. boundary are cerrocfly dsslgnate✓m the plot;and that there are no eetImo,as defined M Mlnneaoto Statutes, -Se&im 505.02.Subd.1 w pWie highways to be d signof.d m sold pot. Has cauxd the some to be surveyed and plotted as HORIZON PLACE 2ND ADO/DON and deer hereby dmate and dedlcafe to the p—fer public vx forever the drainage and utgify.m ment,as Mawn m the plot M wit—Hereof ald PwmL Inc,o MMneaofo corywvfion hoe caused these Preamta to be signed by it,President thin By_day o{ 20 Merle R.Sdq Land Surveyor Minnesota Ucense No.43933. SrA1E OF MPWIE50rA COIMry or"S"Wrom Pool Kllafer,Pnaklenf Me/going Surwyr'a Carfl6cate eas acknoHsdged before me this day a! 20 by Mork R.Salo,Lmd S-my .. SSIAIEY r-------- By C"r Me/wegoinq M.Humaf raa oNnoMed9ed be/me this doy of______ Notary Public.WI M/ngfm County Minnesota 10 by Paul Klisfer,ProMdent o1 Porwaf.Inc.,o MMneaofo coparatlm.m 6Md1 of the camwafian. My Carnmfasim Epkea By EVEN PRAEWE,LIIM WrA Notary Public. County,_ Mix plat of HORIZON PLACE 2ND ADDIDON eas pMmd and occopfed by the City Council of Edm Prair/e, Minn solo,of a mgvlor MY Commiss/m Expkes mating thereat held this____day of_-----------20__. If apllcape.the eritt.n comments and recommpdotim.of the Commisaimer of Trmpwtatlon and the County H;gheay Engineer h—been reofa d by the City w the preacnbsd M day P. has slpxd.lfhauf r Ipt of such cammmts and recommmdatAa s.a.proNd.d by MMneafa Stafu Ns,S.Ilam 505.03.Subdiviafm 2. OrY CWNCE OF EVEN PRAIRIE,KNNESOTA By By Mayor city Mmoger TAAPASER SERISL'ES DEPAR/EENE Hennepin Caunfy.MMn...to I hereby certi{y that foxs payable in and prior years how ban paid for land deambed m this plot.Dated this day of TO Al L.Alrersm,HmnspM County Auditor By Deputy SW WY DIWSIOM H—spin County.MMneaofo Puramf to MINN.SrAT Sac.3830..565(1969)this plot has been approved this day o/ 20. Wgltam P.Brown,HmnpM County Surwyvr By RMWAR OF 171LE5 HanspM County Minn.sofa I hereby—fi{y that Me effhk plot of HORIZON PLACE 2ND ADD/110N was Med M this offk.this_____----day of ___________—20_ of odock__.M. Mk:h.el H.C.—HX,,R.giahw of Of/sa By Dspufy Westwood ftfadonal%MIC mE. LShaf I of 2 Mat. S m � i \\ �.)>• � gym•p'� I C CT •�� ds�6 z - r Ldrs I /' C- CD� Q C r \ C ncj Ali ,�\ • \ i+i / 1 / —CA _C\\ 1 � V Lu E to cc i J AREAS FOR HORIZON PLACE 2"ADDITION LOT BLOCK SQUARE FEET 1 1 119420.55 2 1 64233.51 3 (j t I hereby certify that this list of areas represent the recorded plat at Hennepin County, Minnesota, and was prepared by me or under my direction and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 4th day of December,2006.�ti>j`Y Y`# «t !`'f LICENSED � I LAND Land Surveyoi VEYi7R Minnesota License No.' r q 43933 � Qr Mark R. Salo '' M►t��� �f1lPYYi�t\1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5649 ITEM NO.: VII.G. Eugene A. Dietz Approve Change Order No. 1 for Public Works Reconstruction of Lift Station No. 2 (SuperValu) Requested Action Move to: Approve Change Order No. 1 for the Reconstruction of Lift Station No. 2 project to Engineering and Construction Innovations,Inc., in the amount of$11,343.12. Synopsis This Change Order is for extra work associated with increasing the area of pavement removal and replacement and repainting of an electrical transformer at the request of SuperValu. The location of this work is at SuperValu's"front door"at the northwest corner of their main driveway and Valley View Road. SuperValu has provided easements for this project at no cost to the City. However,they have asked that old deteriorated pavement and the cosmetics of an existing electrical transformer be improved. This Change Order accommodates those requests. Background Information This project was awarded to Engineering and Constructions Innovations,Inc. on September 19, 2006, in the amount of$168,500. This Change Order amount will increase the contract to $179,843.12. The project is being funded through the Utility Enterprise Fund. Staff recommends approval of the Change Order. Attachments • Change Order No. 1 • Change Order Table CHANGE ORDER#1 Date: 11/21/06 To: City of Eden Prairie City Improvement Contract#: I.C. 05-5649 Project Name: Reconstruction of Lift Station No. 2(SuperValu) Contractor: Engineering&Construction Innovations,Inc. (ECI) Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: 1. Implementing SuperValu's requests of additional paving and transformer work. Adjustments to Contract Price: 1. See attached Table 1. $ 11,343.12 Summary of Contract Changes: Contract Amount prior to Change Order#1 $ 168,500.00 Net Increase resulting from Change Order#t6 $ 11,343.12 Revised Contract Amount including Change Order#1: $ 179,843.12 THE ABOVE CHANGES ARE APPROVED: HansenXTh7en O son, c. City of Eden Prairie By By Charl s J.Howle , P.E. Date Date THE ABOVE CHANGES ARE ACCEPTED: Engineering&Construction Innovations,Inc. By , .Date . 17—kjoc- 11/21/2006 13:58 FAX /ECI C�j 001 006 11./21/2006 10:52 FAX ECI 0 002/006 ECI Engineering & Construciion --Innovations inc. A W 1` November 21,2006 HTPO 7510 Market Place Drive Eden Prairie,MN 55344 RE: Ldcn Prairie Lift Station 2 Job Number:0613 Revised Change Order Pricing 412-4-4 Serial Letter#;`2 Mr. Howley: Per our phone conversation on November 21,2006 in regards to Engineering& Construction Innovations(ECI)correspondence to 14TPO dated November 10,2006,I have made price revisions as discussed_ The revised change order is as follows: Additional Bituminous Removal and&New Bituminous Paving............................. ...$12,278.90 • Additional Rock and Concrete Removal........ ...................$1,413.91 • Transformer Work.............. ..........$3,285.41 • Landscaping Deduct...... .................. Change Order Total: $ 11,343.12 Please find attached worksheets showing the calculated costs for the work items outlined above:I appreciate your prompt processing of this change order. Feel free to contact me if you have any questions on this matter. Sincerely �JEngineering&Construction Innovations Nap Scott Project Coordinator 78C Bargc Channel Road♦PG BOX 7095♦St.Paul,Minncsota 55107 TEL: 651-198-9111♦Fax: 651-299-91 I3 a VATTS: 877-654-1061 11/21/2006 13:58 FAX ECI 11 002/006 1.1/21/2006 10:52 FAX ECI Z 003/006 cI`,, Engineering & Construction I ',, (n nOYOtiO nS, Inc. ......._.... Eden Prairie Lltt Station 2 Bituminous Removal&New Bituminous Paving by: Nap Scott November 6,2006 LABOR Hourly Cost Est.Hours Total Engineering $ 100 00 5 Superintendent $ 64.20 Foreman $ 60.78 $ Laborer $ 57.62 11.00 5 668.58 Operator c 11.00 $ 633.82 .0 65.70 11.00 $ 722.70 Labor Total $ 2,025.10 EQUIPMENT Ownership Hours Operating Hours Total (hour) (hour) New Holland LT190 Skid Loader 30.00 11,00 5.00 11.00 $ 385.00 Small Tools$/Manhours 5 00 11.00 $ $ 55.00 Equipment Total 3 440.00 MATERIAL Unit Cost Quantity Unit Tax Total Disposal Fee 5 2.00 5 80.00 Cy o 7.0/o $ 171.20 $ 7.0% $ _ Material Total $ 171.20 SUBCONTRACT Unit Cost Quantity Unit Total Trucking ubOnlactorSubcontractor 68.00 $ 12.00 liour Paving Subcontractor $ 8t6.00 $ 7,225.00 1.00 LS S 7,225.00 Subcontract Total $ 8,041.00 Change Order Cost $ 10,677.30 Markup 15% $ 1,601.60 Change Order Total 12,278.90 11/21/2006 13:58 FAX ECI Q 003/006 1.1/21./2006 10:52 FAX ECI (a004/006 i ECI Engineering & Construction Innavafions, ink, Eden prairie Lift Station 2 Additional Rock/Concrete Removal by: Nap Scott October 26,2006 LABOR Hourly Cost Est.Hours Total Engineering S 100.00 S Superintendent S 64.20 Foreman S 60.78 $ Laborer S 57.62 5.00 $ 303.90 Operator S 65.70 5.00 S 288.10 5.00 S 328.50 Labor Total $ 920.50 EQUIPMENT Ownership Hours Operating Hours Total New Holland LT190 Skid Loader (hour) (hour) 30.00 2.00 5.00 4.00 $ 80.00 JackHammer 13.00 5,00 2.00 4.00 $ 73.00 Small Tools 5.00 15.00 1.00 6.00 $ 81.00 5.00 - $ _ Equipment Total $ 234.00 MATERIAL 3"Clear Crushed Granite Unit Cost Quantity Unit Tax Total $ 70.00 $ 1.00 Cy 7.0% $ 74.90 S _ 7.0% $ 7.0% S Material Total $ 74.90 SUBCONTRACT Unit Cost Quantity Unit Total subcontract Total $ _ Change Order Cost $ 1,229.40 Markup 15% $ 184.41 Change Order Total $ 1,413.81 11/21/2006 13:59 FAX ECI IM 004/006 1..1/21/2006 10:52 FAX FCI I�J005/006 E&itieerin .&Construction Innocvations: ECI Eden Prairie Lift Station 2 Transformer Work by: Nap Scott October 26,2006 LABOR Hourly Cost Est.Hours Total Engineering S 100.00 _ $ Superintendent Foreman $ 60.78 $ Laborer 8.00 S 486.24 $ 57.62 8.00 $ 460.96 Operator 5 65.70 2.00 S 131.40 Labor Total $ 1,078.60 EQUIPMENT Ownership Hours Operating Hours Total (hour) (hour) Small Tools $ 5.00 15.00 $ 75.00 Equipment Total $ 75.00 MATERIAL Retaining Walt Block Unit Cost Quantity Unit Tax Total $ 22,00 32.00 SF 7.0% $ 753.28 S - 7.0% 5 - 0.00 7.0% $ Material Total 5 753.28 SUSCONTRACT Unit Cost Quantity Unit Total Painting Subcontractor. S a0.00 1.00 LS 5 950.00 Subcontract Total $ 950.00 Change Order Cost $ 2,856.88 Markup 15% $ 428.53 Change Order Total $ 3,285.41 11/21/2006 13:59 FAX ECI 11 005/006 11./21/2006 ]0:52 FAX 1C1 9 006/006 Engineering & Construction ECI Innovations, in.. Eden Prairie Lift Station 2 Landscaping Deduct by: Nap Scott October 26,2006 LABOR Hourly Cost Est.Hours Total Engineering S 100.00 _ Superintendent S 64.20 $ Foreman $ 60.78 $ Laborer 3 57.62 Operator S 65.70 Labor Total S _ EQUI PMEN Ownership Hours Operating Hours Total (hour) (hour) Smatl Tools 5.00 15.00 _ S Equipment Total $ _ MATERIAL Unit Cost Quantity Unit Tax Total $ 22.00 16,00 SF 7.0% S 7.0% $ 0-00 7.0% $ _ Material Total $ _ SUBCONTRACT Unit Cost Quantity Unit Total Landscaping Change $ 3,816.00 1.00 LS $ 4'900.00 Subcontract Total $ d,9D0.00 Change Order Cost $ 4,900.00 Markup 15% S 735.00 Total Deduct Change Order Total $ 5,635.00 CITY COUNCIL AGENDA DATE: SECTION: December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC#06-5688 ITEM NO.: VILH. Leslie Stovring Approve submittal of Draft EAW for Public Works/Environmental Oak Creek at Hennepin Village to the Environmental Quality Board Requested Action Move to: Approve submittal of the draft discretionary Environmental Assessment Worksheet for Oak Creek at Hennepin Village to the Environmental Quality Board and other interested parties for the public review process. Synopsis Wenck Associates, Inc.was selected to complete a discretionary Environmental Assessment Worksheet(EAW)for the Hennepin Village roadway alternative analysis. The Draft EAW was prepared based on publicly available information and review of comments received from the public regarding this project. Staff is requesting that the Draft EAW be submitted to the Environmental Quality Board for publication in the EQB Monitor. Background Information The discretionary EAW is a screening tool that was used to evaluate the impacts associated with six(6) alternatives developed for the proposed Prospect Road creek crossing. Alternative 6 includes the Prospect Road alignment with two sub-alternatives, a culvert and a bridge crossing. Standard Minnesota EAW processes and templates were used for development of the draft document. The Draft document includes an evaluation of area resources by the Department of Natural Resources and the Office of the State Archeologist. The analysis included evaluation of the expected impacts of six road alignment alternatives relative to items such as sensitive historical and environmental features including burial mounds, bluffs, endangered or threatened species, Riley Creek and Miller Spring. Analysis of the Miller Spring indicated that the springshed(area where water for the spring originates from) is west and northwest of Miller Spring. Prospect Road(Alternate 6)would likely not impact the spring; however Alternates 1 through 5 would require more analysis to determine if construction could impact the springshed. The consultant recommends that infiltration of stormwater be maximized as much as possible to minimize impacts to the local surficial groundwater flow patterns. The Draft EAW will be submitted to the Environmental Quality Board for publication in January. After publication there is a 30-day public comment period. After the comment period is completed,the comments will be incorporated into the Draft EAW and submitted to the Planning Board for a public hearing. The final draft should be submitted to the City Council in March or April 2007. Attachments • Draft Environmental Assessment Worksheet Revised 2/05 ENVIRONMENTALAsSESSMENT WORKSHEET D R A F T for review Note to preparers:This form is available at httn://www.egb.state.mn.us. EAW Guidelines will be available in Spring 1999 at the web site.The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects.The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared.The project proposer must supply any reasonably accessible data for—but should not complete—the final worksheet. If a complete answer does not fit in the space allotted,attach additional sheets as necessary.The complete question as well as the answer must be included if the EAW is prepared electronically. Note to reviewers:Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor.Comments should address the accuracy and completeness of information,potential impacts that warrant further investigation and the need for an EIS. 1 '�%lect title Hennntn Village Roadway Alternatives74 Vk 2 Proposer. City of Eden Pratrie.Mi"esota 3 RGU G tv of Eden: 'ririeMin tta Contact person Mr gene Dietz,P.Ea _ CtaW person ,Mr Scott Neal Title Director of Public orks 3tle� Ctt�Mah er Address ,8080 Mitchell load d6ss 8fl$01ylitehell Road t�RC Cif,state,; 1P n Prairie 5344 pity,state> ' Aden Prtrie, y5 Phone. 949-8i b Phoned '249-8 , 52-r349 832t f¢ Fl Fax a• E rriall gdretzedenriue orb E�rnatl cc> iuncataonseciertp .ortY r € , 10 Reasfln for EAW preparation (ehec e} A� E1 Mandatory Citizen ' Proposer Scopin EAW Petition. Discretion""-X V614 it'eecr 1f EA W or EISis rnmridatotve EQB rule category subpart;nu and aaame moo... ,,. €... 5 Pro ecf location mount Heniieiin 'CityJ'Tswns"hip ..Eden Praie �+1W SW4 �Seetton To �nthip Range :� �..,,,: :_ .•„ w . Attachments to the EAW: Figure 1. County map showing the general location of the project; Figure 2. U.S.Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries; Figure 3. Aerial photo showing proposed roadway alternatives; Figure 4. Areas with Steep Slopes Figure 5. Minnesota Department of Natural Resources(DNR)Natural Heritage Database Review Letter. Figure 6. Minnesota State Archeologist's Office Letter. Appendix A. Traffic Study Hennepin Village Roadway Alternatives EAW December 2006 1 6 Deser it+an � a. Provide a project nn aiy`0 Sb kords or less to be fished i t the EQB Mr+ri trir .cs5 k The City of Eden Prairie is considering closing or rerouting the intersection of Eden Prairie Road and Flying Cloud Drive. Six roadway alternates are being considered to provide for traffic flow and adequate emergency access. One of the alternates is a new crossing of Riley Creek upstream of Miller Spring. R b. Give a co m fete description of the proposed rpject and related:new construdtion-Attach additio z P P P P l J sheets s necess .E hasize constructioration method and16tures that will'caus h k mantpulation,of the vrr�n�rr t�rmill pr6duce wastes119 equipment or�. industrial rocesses and si cant demolitions removal or,remodeling of existing structures.Indicate p Lhe r" nd luratic z eo s a?tc t�anti ties E e 2. The City of Eden Prairie is considering closing or rerouting the intersection of Eden Prairie Road and Flying Cloud Drive. To provide for access to Flying Cloud Drive,a continuous roadway system,and emergency access,the city proposes to construct an alternate route. For this analysis,it is assumed that Alternates 1,2,and 6 would include the closure of the intersection of Eden Prairie Road and Flying Cloud Drive. Figure 3 illustrates the following proposed roadway alternates: 1. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to Beverly Drive 2. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to a new street south of and paralleling Beverly Drive 3. Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Flying Cloud Drive 4. Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive 5. Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection 6. Connect Eden Prairie Road to Spring Road by extending Prospect Road west to Eden Prairie Road Construction would proceed using typical municipal roadway construction techniques,as either a public construction contract(Alternates 1 through 5)or by agreement with a developer(Alternate 6). Minimal roadway design for Alternates 1 though 5 has occurred,and design parameters such as roadway widths, cross section,alignment,grades,earthwork,and utility design have not been determined or determined only conceptually. A preliminary design by a developer has been proposed for Alternate 6. c, Exisla a the;protect p rpose;if the project wit amen ouT bye o�erxtrnental unit;explain the deed s for the Pro3ect anddettfy tt s beneficaanes d e � . The southbound Eden Prairie Road approach to its intersection with Flying Cloud Drive is steep and winds down the bluff to the Minnesota River. The roadway is curved and sloped,and is difficult to maintain in the winter. It has been the location of several accidents. There are numerous residential properties on Eden Prairie Road,Beverly Drive,and a developing area off of Sky Lane that rely on Eden Prairie Road for access to Flying Cloud Drive or as a secondary emergency access to the area. Closure of the intersection would require an alternate east-west connection to either Spring Road to the east or Dell Road to the west to provide that access. It may also be possible to reroute Eden Prairie Road on an alternate alignment down the bluff. A sound roadway system with multiple routes to development areas is critical for effective emergency response. The creation of long cul-de-sacs is undesirable. If Eden Prairie Road is closed,as it would be under Alternates 1,2,and 6,additional access to this area should be provided. In Alternates 1 and 2,the additional access is provided through the Turnbull Road extension. Under Alternate 6,the additional access is provided through the extension of Prospect Road to Eden Prairie Road. Alternate 6 also improves access to the existing residential area west of Spring Road at Prospect Road. Alternates 3,4,and 5 continue to utilize Eden Prairie Road for additional access. Hennepin Village Roadway Alternatives EAW December 2006 2 A continuous roadway network is also important for effective road maintenance operations,including snowplowing and emergency repairs. Alternates 1 and 2 provide a new connection to Dell Road,which helps connect the study area with the area to the west. Alternates 3,4,and 5 continue to use Eden Prairie Road as a connecting road through the study area. Alternate 6 creates a cul-de-sac on Eden Prairie Road while eliminating a dead end on Prospect Road. `\ d: .Are-•futare stagesf this ilcvelapmentinoludtn deelcaprnent on any outlots plan nr itkJy#t� happen? Yes x_No . If yes briefly describe#afore stages relattonslnp to pxesent protect tmelttte ncl plans fo envtranm #at ' revae � .. y The proposed project is a roadway project,not a development. e: Is Phis protect subsequent stage of"earlier PJ Ye , x Nos, U ffl If yeg,:bri fl describe f......elopment,tip a elW.", fid and past etivilonmet tat�evtew a Part of this study area was considered in the 2001 Charlson,Brown,&Standal Properties Alternative Urban Areawide Review(AUAR). This AUAR evaluated the impacts of a 318 acre multi-use development to the east of Alternates 3 through 6,including an extensive review of traffic impacts in the area and required roadway upgrades. The roadway improvements evaluated in this EAW were not comprehended in that AUAR. This EAW considers only the six roadway alternates detailed above and does not evaluate planned development in the study area. This EAW assumes the proposed Oak Creek at Hennepin Village and development and development west of Eden Prairie Road,north of Beverly Drive,off Sky Lane is in place. 7 Project magmtade data "Total project acreage y or Length Number of residential units: Unattic Aitiched ..` maximum iyriits per'buildin Conn aercial,industrial or4nstituticnal budding area,(gross floz�r space)'total square feet �0 F Indicafe areas aapecific s{in spare fee } Office Maaufa�fiuing; Other industrial Wa ouse Institutional 4 Lttit industrial Agricu7tata"1 : , ' p �) ©fltr co tn merctal s ecy ° Building height If over 2stories,cnrnp �fo heig of nearby 77 .z Alternate Roadway Length Impact Area* (feet) (acre) 1 —Extend and connect Turnbull to Beverly Drive 4,650 9.35 2—Extend and connect Turnbull to a new street south of 4,270 8.46 and paralleling Beverly Dr 3—Realign Eden Prairie Road to a new intersection on 1,900 6.74 Spring Road 400 feet north of Flying Cloud Drive 4-Realign Eden Prairie Road to a new intersection on 1,910 6.15 Spring Road 100 feet north of Flying Cloud Drive 5—Realign Eden Prairie Road to a new intersection on 1,630 6.03 Hying Cloud Drive 230 feet west of existing intersection 6—Extend Prospect Road west to Eden Prairie Road 1,385 2.16 *Impact area is the area within the estimated construction limits,including roadway bed and adjacent grading. Hennepin Village Roadway Alternatives EAW December 2006 3 Permits ai d approvals te+quired:List all known local,state dttd �cieral emuts, p rnvals than al My assistanee,fQr:tbe.project.li)tl�iiie modifications f aia entstiug emits,g ertlna eatal�ev it la and :, all direct and indirect,forms of,public ancal assistance mcludmg bond guarantees,Taac lnerement. Fi►ancatag ascl to Fratructure'. Unit of government T1pe of application Status MPCA National Pollutant Discharge To be obtained Elimination System(NPDES)— General Stormwater Construction Permit Riley-Purgatory-Bluff Creek Permit Review To be obtained Watershed District MnDNR Public Waters Work Permit To be obtained USACOE Section 404 Permit To be obtained Lan d uses s bt,current and recent past land"use,end deuelopmen of" e slt w d on adla nt lauds Discuss pr iject tt pattbtltty with a Jaeent and near,y land uses.Iticitcate whether any pot6nttal conflicts 3�axvolve env ronmentalittaatt rs Jden tfy any potential envrronmerttal•hazardsdne to past site uses,such as ., V . aal'contarxiinatic�tir abandoned stotage tams,of proximity to azardous'liquidrr ptpellnt s Current and recent land use in the alternative corridors is primarily low density single family residential and open space. The Alternate 2 corridor includes some agricultural,animal pasturage,and undeveloped land. The Alternate 6 corridor is a former golf course. No known environmental hazards are present in the corridors.This area is currently zoned for large-lot(one unit per 10 acres)single family development. The Comprehensive Plan envisions the area of Alternates One through Five as low-density residential(0-2.5 units per acre). The area of Alternate 6 is guided as medium density residential,2.5-10 units per acre. The areas immediately adjacent to Riley Creek are guided as Park and Open Space. The proposed use of land in these corridors for local road right of way is consistent with those land uses,as local roads are necessary to provide access to residential land use for transportation,maintenance,and emergency services. lil -;ever types.Estimate the acreae:uf the•site with each tif'the 101? ng covey types;toefore and after , development For purposes of estimating land cover post construction,the following assumptions were made: • Roadway width would be 30 feet. • Areas with existing turf grass would be restored with turf grass where possible. • Roadway side slopes in wooded or brush/grassland areas would be restored with native grassland vegetation. • It may be possible to reforest some of the side slope areas to mitigate tree loss in areas that would be converted from wooded to grassland,but no attempt was made to estimate how much could be accomplished. Alternate 1:Extend and connect Turnbull Road to Beverly Drive. Before After Before After Types 1-8 wetlands - Lawn/landscaping Lawn/landscaping 4.10 3.66 Wooded forest 3.42 - Impervious surfaces 1.83 3.20 Brush/grassland - 2.49 Other(describe) - - Cropland - TOTAL 935 9.35 Hennepin Village Roadway Alternatives EAW December 2006 4 Alternate 2:Extend and connect Turnbull Road to a new street south of and paralleling everly Drive. Before After Before After Types 1-8 wetlands - - Lawn/landscaping Lawn/landscaping 1.50 1.00 Wooded forest 6.47 - Impervious surfaces 0.49 2.94 Brush/grassland - 4.52 Other(describe) - - Cropland - TOTAL 8.46 8.46 Alternate 3:Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Flying Cloud Drive (acres). Before After Before After Types 1-8 wetlands - - Lawn/landscaping Lawn/landscaping 0.20 Wooded forest 5.89 1.10 Impervious surfaces 0.65 1.31 Brush/grassland - 4.33 Other(describe) - - Cropland TOTAL 6.74 6.74 Alternate 4:Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flyingg Cloud Drive. Before After Before After Types 1-8 wetlands - - Lawn/landscap ng 0.15 - Wooded forest 2.15 0.10 Impervious surfaces 0.60 1.32 Brush/grassland 1.23 2.83 Other(dry prairie) 2.02 1.90 Cropland - - TOTAL 6.15 6.15 Alternate 5:Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of exis ng intersection. Before After Before After Types 1-8 wetlands - - Lawn/landscaping - - Wooded forest 4.18 1.00 Impervious surfaces 1.12 Brush/grassland - 2.56 Other(dry prairie) 1.85 1.35 Cropland - - TOTAL 6.03 6.03 Alternative 6:Extend Pros ect Road west to Eden Prairie Road. Before After Before After Types 1-8 wetlands 0.06 0.06 Lawn/landscaping - Wooded forest - - Impervious surfaces - 0.95 Brush/grassland 2.10 1.15 Other(describe) - - Cropland - - TOTAL 2.16 2.16 ld � resources,Fes w tie a Ident fish and,wildlife resclurces and habitats nn o near the site describe how',they would be affected b then et:Describe ai( �sttres to be taken to,�mize or aotd imgacts Alternates I though 5 would require the removal of existing forest and woodlands and would replace them with impervious surface and grassland,reducing wooded habitat and replacing it with tall grass habitat. For each of the alternates,tree removals would be a small percent of the existing wooded habitat,so it is unlikely that these P g removals would have more than a temporary impact on overall habitat availability. Restoration following construction could include reforestation where possible,mitigating some of the tree loss. Alternates 3,4,and 5 would create a new cleared pathway through existing woodland or grassland,fragmenting habitat and creating a potential barrier for some types of wildlife migration. No mitigation measures are proposed. Riley Creek is home to various aquatic life typical of warm water streams(MCES,2005;DNR,2003). Alternate 6 is proposed as two alternates:a culvert crossing or a bridge crossing. A bridge crossing is Hennepin Village Roadway Alternatives EAW December 2006 5 ecologically preferable as it minimizes the potential to impede upstream migration by fish and macroinvertebrates and provides a path for other wildlife to move from one side of the road to the other without crossing traffic. However,just upstream of the proposed crossing is a DNR carp barrier. Any barrier to fish movement that might result from the proposed culvert option would be inconsequential as the carp barrier already effectively limits upstream migration. The estimated increase in runoff volume(see#17 below)is small relative to existing subwatershed volume,so it is unlike that any of the alternates would result in increased flow or flow velocities in Riley Creek that might affect the biota or impact the channel form. The estimated increase in pollutant loading(see#17 below)is small relative to existing loading,and would be further reduced through stormwater treatment. The fish community monitored by the DNR at locations upstream and downstream of the proposed Alternate 6 crossing is composed of common species that are pollution-tolerant or pollution-neutral. No pollution-intolerant species were identified at those locations. The macroinvertebrate community monitored at the Watershed Outlet Monitoring Program(WOMP)station at Flying Cloud Drive downstream is composed of mainly pollution- tolerant or pollution-neutral species. No pollution-intolerant species were identified at that location. While the fish and macroinvertebrate collections were not completed at the point where Alternate 6 would be expected to cross,it is likely those communities are similar in composition to the sampled locations. No water quality- related impacts are expected to the biotic community. The new crossing and a permanent NURP water quality pond south and west of the creek crossing may result in a redirection of local groundwater that presently discharges to Riley Creek. Road grading and nearby ponds might redirect local groundwater to those features prior to discharge into Riley Creek. The northern extent of springs tributary to Riley Creek is not fully delineated,however,it most likely follows the depth to bedrock contour 51-100 shown in the Hennepin County Geologic Atlas. The increase in runoff and the redirection of local groundwater to ponds may result in slightly higher temperatures discharging to Riley Creek. However, those impacts would be extremely localized,and input from springs immediately downstream would mitigate any minor thermal impacts that might occur. No temperature-intolerant species are known to be present in Riley Creek. Discussion with DNR Fisheries staff(Ellison,pers.comm.2006)and the most recent DNR fish survey(DNR,2003)indicate that Riley Creek is unlikely to support a cold-water community. b Are ariy state=l sfe endangered,threatened or special aiCern)species, rare plant communities or" soitstttve' cca og at resources suer ay a prairie habitat;c 1trmal waterbird nesting colones Tb regionally r4ii plant comm um,ties ow�m-near the site Yes 1�it� If yes,,descxtbe the resource and bow it w4ru O be affected by the pralect`'Inticate it a site surve 01 the resources has been.conducted and ascribe the results If thi I I+IR Naturaa Heritage and Nr ngame earcli 'program has been contacted give d correspondence reference nuper RI3B, t107tl339 esexibe N measures to mifiinuze or avoid adverse impacts Alternates 3,4,and 5 pass through an area that has been identified by the Minnesota County Biological Survey as a"Site of Biodiversity Significance." Sites of Biodiversity Significance are areas with varying levels of native biodiversity that may contain high-quality plant communities,rare plants,rare animals,and/or animal aggregations. Designation as such does not necessarily mean that all these features have been found in that location,but that the size and limited disturbance of such areas makes it more likely that such features exist or could be supported. The DNR Natural Heritage and Nongame Research program database records an occurrence of Rhombic-Petaled Evening Primrose,a Special Concern plant species,in the vicinity of Alternates 3,4,and 5. No site survey has been conducted in the vicinity of those alternates to evaluate for that or any other species,as this EAW was prepared outside of the growing season. The Alternates 3,4,and 5 area also contains dry sand-gravel prairie and pin-oak-bur oak native plant communities. The DNR recommends avoiding impacts to this ecologically significant area(see attached DNR letter). If Alternates 3,4,or 5 were to be pursued further,a more detailed,growing season site analysis must be conducted to determine whether Rhombic-Petaled Evening Primrose or other threatened or endangered species Hennepin Village Roadway Alternatives EAW December 2006 6 are present within the proposed construction limits. If found,the DNR must be consulted to develop a plan for avoiding impacts to these protected species. The DNR should also be consulted to develop a plan to minimize impacts to the ecologically sensitive native plant communities. A wetland delineation performed in the vicinity of Alternate 6 identified a community of Kitten-tails,a threatened species. A site survey performed by the delineator identified the limits of the community area, which is outside the expected construction limits for that alternate. If Alternate 6 is pursued,the DNR should be consulted to determine the preferred method of protecting the community from possible construction impacts. l2 1p'hystical< vactg,on water-resources. Will the project involve the physical or hydiWdec alteration dredgingIling�' treariiiversion,outfall staructure,'dilCing,and iaap(auxidzrient pf any sirface waters such lakeiid,wetland,"�trem or drainageditch? X Yesv Igo If yes"ideadfy water resource affected and gyve the, P tested,Waters Inventory iltiinbgr if the water resource,9 affected are,'di`tli 1'WI: Riley G"reek.Descnlie coati+es considered and proposed mitigation ' CStitS:.tQ, i13 ": 1paCS... u... „ One of the roadway alternates,the Prospect Road extension,would require a crossing of Riley Creek,and has two sub-alternates:a culvert crossing,and a bridge crossing. The culvert crossing option would require some temporary stream diversion during construction. The culvert would be sized to minimize increases to water surface elevations of Riley Creek and to minimize velocity impacts. Filling within the floodway and flood fringe is likely to be necessary to construct this option. Any floodplain fill would be mitigated with compensatory storage. A bridge crossing would be unlikely to impact water surface elevations or velocities. The riverine wetland of Riley Creek has been delineated. Alternate 6 has two sub-alternates:a culvert crossing and a bridge crossing. A culvert crossing would likely impact this wetland,and a mitigation plan developed and approved. A bridge crossing is more likely to avoid impacting this wetland. l3 Water ii Will t1i prc ect nyolve,installation or abandonment ofAny Wvater weds,connectioA A" Ganges any public a a.su or apprsapnation of iiy"ground tir surf water(n I ding dewy in Yes ,No. � If yes,as applicable,give Iocati©n and parse of any ew Wells,p'hhc SUM ly affected;changes to ,. made,and water gaaati tie to be used,die.source,duration,quantity and�ut rose�f any�pprppr�a.�s,and -unique well numbers and"lli Rl approprlatian permit numbers,if lcnewn deutify any e�ctittiig ant iie v wells, T w ,,on the site iiiap If them area e11s limn ion site,, lain nethc doltagy tc�deter �ne F �, .,e v ..... - Alternate 6,the Prospect Road extension,would require a crossing of Riley Creek,and has two sub-alternates:a culvert crossing,and a bridge crossing. Either option may require temporary dewatering to construct bridge footings or to install the new culvert. Temporary dewatering discharges would be pretreated in a temporary settling basin prior to discharge to Riley Creek. k Water-related land use manageimeait district. Doe's dart of the protect uivaliie a shoi and zoning district;a delineated 100-year flood plain,or a state it federally designated wild or scenic ricer, and use ;� , w If yes,identify the district and disks piolect cQmpatibihty vsiith district laud use',restrictions. Alternate 6 would cross a shoreland zoning district and Shore Impact Zone for Riley Creek,as well as cross the delineated 100-year floodplain for Riley Creek. Roadways maybe placed in the Shore Impact Zone provided the conditions of the city's zoning code are met. Section 11.50 Subd. 12(C)requires roads to be set back at least 50 feet from the Ordinary High Water Level. A crossing by definition must cross through the Shore Impact Zone and across the water body. The City Council must evaluate whether a crossing can be made consistent with the protective measures of the ordinance. Hennepin Village Roadway Alternatives EAW December 2006 7 Alternate 6 also crosses the 100-year(one percent chance)floodplain. The City's regulatory flood elevation is two feet above the 100-year frequency flood level. The bridge option of Alternate 6 should be designed such that the low chord elevation is at least two feet above that elevation. The road surface elevation of the culvert option should be at least two feet above the 100-year flood level. Floodplain fill may be required to construct either of these options. Floodplain fill is allowable if it is mitigated with compensatory storage and does not raise the flood stage of the regional flood event by more than 0.5 feet. Preliminary analysis of the culvert option performed by the developer of adjacent lands indicates that option would not raise the flood stage by more than 0.5 feet. 15. Water surface use.Will rile project ge the number or. of watercraft 0 any,water body ,, Yes x No k 1 f des,tnc rate the,current:ttd pt tested watercraft usage and discuss any note overcrowding or acts wth either uses,,,,,,. - N/A lb Erosion and seduentation Gry the acreage to be graded o-t t-tca-va i aawd the cubic yarc#s cif so�1 to l� moved D scrrbe any steep slopes or htghly erodtblie soak and tde them zits the site rxsap Describe'anys "crzisicsnand�mentat on control easures.to.be used zlui t g and- Ject nstructton Y Figure 4 indicates areas determined by Hennepin County to have slopes in excess of 18 percent. Alternates 3,4, 5,and 6 all cross areas of steep slopes. Erosion and sedimentation control measures during and after construction consistent with the city's steep slopes ordinance would be developed as part of the construction plans and specifications,but likely would include Best Management Practices(BMPs)such as temporary and permanent vegetated slopes;silt fence;biologs;erosion control fabric;bale checks;and temporary sediment basins. Alternate Grading Area Estimated Cubic Yards (acre) of Soil to be Moved 1—Extend and connect Turnbull to Beverly Drive 9.35 45,200 2—Extend and connect Turnbull to a new street south of 8.46 41,000 and paralleling Beverly Dr 3—Realign Eden Prairie Road to a new intersection on 6.74 65,200 Spring Road 400 feet north of Flying Cloud Drive 4-Realign Eden Prairie Road to a new intersection on 6.15 59,500 Spring Road 100 feet north of Flying Cloud Drive 5—Realign Eden Prairie Road to a new intersection on 6.03 58,300 Flying Cloud Drive 230 feet west of existing intersection 6—Extend Prospect Road west to Eden Prairie Road 2.16 15,600 l'� Water qua :sarfacze water ru�ot�� ��� wl 3 ` �UPP, ��a � a. Cvmpar tlte4i6n't and qualtt `,f�runoff- and after the lsrojc�3 ekiibe pernzar ent contr614AQ rtlanage&treat runoff Describe stornwater ollutson: revenbon lams: y P P y,. The estimated increase in stormwater runoff volume and phosphorus and sediment export from existing conditions is small relative to subwatershed volume and loading. Runoff from Alternate 6 is proposed to be detained and treated in a stormwater detention pond prior to discharge to Riley Creek,which would significantly reduce phosphorus and sediment export shown in the table below. Because this Alternate would Hennepin Village Roadway Alternatives EAW December 2006 8 discharge directly to Riley Creek,ice control should be limited to sand or a salt/sand mix to minimize chloride contributions to the creek. No specific Best Management Practices have yet been determined for Alternates 1 through 5,however,incorporation of small-scale practices such as rain gardens and swales could be incorporated into construction and provide infiltration and treatment for small events. According to the Minnesota State Stormwater Manual(MPCA,2006),these small events result in 60-70 percent of the annual pollutant loading. Percent Increase Percent Increase Alternate in Impervious Percent Increase in Phosphorus Area by Tributary in Runoff Volume Export Subwatershed 1 —Extend and connect Turnbull to Beverly 1.4% 0.058% 2.0% Drive 2—Extend and connect Turnbull to a new 0.3% 0.007% 0.3% street south of and paralleling Beverly Dr 3—Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of 0.1% 0.003% 0.1% Flying Cloud Drive 4-Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of 0.1% 0.003% 0.1% Flying Cloud Drive 5—Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet 0.1% 0.005% 0.1% west of existing intersection 6—Extend Prospect Road west to Eden Prairie 2 7% 0.308% 2.6% Road Jdentify'rimtes and receiving water:bodies r runoff—!fbbn site,rnplu&'n�a�or daivnstream water es as well as the hmm d1aterPM1,YW waters.Estima ;xr��ffiinthe.quality Qf cetvrn watears: �9 , .Et..r Alternates 1,2,and 6 drain to Riley Creek and then to the Minnesota River. Alternates 3,4,and 5 drain in part to Riley Creek and then the River,and in part directly to the Minnesota River. Incorporation of Best Management Practices into any of the six alternates would reduce the increased volume and pollutant loading such that impact on downstream water quality would be negligible. 1g Water quality,wastwairs` a t an a watewatrdu pD be bdees,composition, m t l err ireated'at the site None. z b `3 scribe vvas a treattment-methods or polhi�ion prevent efforts and eve a tes of com- afro treattn Identify receiving Waters,including3maj r to st am wat 'die ,and estimate the discharge impact 1,3 t o gzzality°cif receiving waters.If th&project in l+ swop bite sew. 'systems,'discussthe A. aurtabrlity of site conditions for such stems 1 �.. . None. Hennepin Village Roadway Alternatives EAW December 2006 9 c� If wastes will be discha ed tntti a ubi r ed treatmeent faciht ertt f+the f ltty escnbe an s pre,eatinent provisions-And dis6iss the facility s abil[ty-to.boodle the gilt itrte andtom Osition of w77 arms, ntifying any improu riients*ces , .: None. d If the project regilires disposal pflliquid animal m4uure5 describe disposal technique and l4c anal disc rapacity,to.handle he,vtiluine and co S)t}on of�nuie.:Identity'any impro ertients nec sary describe, any reuued setbanls for land disposal systems. None. ,14 Geologic hazards 2nd stiil onditns a Approximate depth(iu feet} ground water To locic � Describe,any of the following geotogio,site hazards'to groui d water and also identify ut on the site P sinkholes,shallow timestoiae forniahons or karst uooditlons l nscril e't sur to a d r ir�tntnuze t en tt anmental prv�'tnms iie�ci�i tt#these haza ccis W X,WO .. No sinkholes,shallow limestone formations,or karst conditions are known to be present in the study area. The Hennepin County Geologic Atlas indicates that the study area is sensitive to groundwater pollution due to the shallow depth of fractured bedrock aquifers in the area. The construction contractor would be required to obtain a National Pollutant Discharge Elimination System(NPDES)construction permit and prepare and implement a stormwater pollution prevention program that includes pollution prevention measures such as solid waste,hazardous waste,and spill management. Post construction stormwater runoff would be pretreated prior to discharge into surface waters. Infiltration areas would be designed to maximize treatment prior to infiltration into surficial groundwater. Alternate De th to Bedrock De th to Water Table 1 and 2 150-250 feet 10-20 feet 3 and 4 100-250 feet 10-20 feet 5 200-300 feet 10-20 feet 6 100-200 feet 0-20 feet Source: Hennepin County Geologic Atlas 20 Solid wastes,hazardous wastes,storage tanks .. a. Describe types,auuts and ecitnppsitions of soiid,or hazardous wastes,including stli animal mangy sludge'and ash,pr uceddaring construction and operatiom Identify methbd�location of',disposa for prt�ccts generatiit unicipai snhd,waste,indicate,if there is a source separ ionpian,clescribe'hovt± Itroject;will be modified for recycling.If hazardous waste is generated,indicate ithre is,tt.hazardott waste xu plan and routine hazardous waste reduction assessments Construction equipment may be sources of petroleum product,hydraulic fluid,or other leakage or spills during construction of any of the alternates. The construction contractor would be required to obtain a National Pollutant Discharge Elimination System(NPDES)construction permit and prepare and implement a stormwater pollution prevention program that includes pollution prevention measures such as solid waste,hazardous waste, and spill management. Debris and solid waste may be generated during construction,including materials such as asphalt and concrete debris,packaging,and incidental debris such as cans,bottles,and paper. Any materials removed by demolition,such as old pavement or utility structures,would be required to be removed offsite or recycled in place. The construction contractor would be required to use good site housekeeping practices during site operation to minimize debris being washed or blown off the site. Hennepin Village Roadway Alternatives EAW December 2006 10 b l escttlie'tl e foils nu th ` i ��gtvi t =�G (SAS} las tft otitis,if,knowta< ttscas oil granolartty and tial f rr,grquttdwat r ontamtt ti sn;f tea�v$stes or cttet icals spread or spilled onto tht sobs,Dtscttss '. aqy lttgati me sttres to- ontaminati6 Soils in the study area are all well drained sand and loam with moderate to good permeability with the exception of soils immediately adjacent to Riley Creek,which are fine sandy loam with poor permeability. Soils are generally of Hydrologic Soil Group(HSG)A or B,indicating a high to moderate rate of transmission of water or liquids spilled on site. To minimize potential groundwater contamination the construction contractor would be required to have an emergency spill response plan in place during construction. Alternate Soil Type Soil Characteristics 1 and 2 L70C2 Lester-Malardi complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded L47B Eden Prairie sandy loam,2-6%slopes Well to excessively drained sandy loam,HSG B L22C2 Lester loam,morainic,6-12%slopes, Well drained loam,HSG B eroded L70D2 Lester-Malardi complex,12-18%slopes, Well drained loam,HSG B eroded L213 Malardi-Hawick complex, 1-6%slopes Excessively drained sandy loam,HSG B L2C Malardi-Hawick complex,6-12%slopes Well to excessively drained sandy loam to loamy sand, HSG AtoB L60B An us-Moon com Tex,2-5%slo22s Well drained loam to loam fine sand,HSG B 3 L70C2 Lester-Malardi complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded L32F Hawick loamy sand, 18-40%slopes Excessively drained loamy sand,HSG A L32D Hawick loamy sand, 12-18%slo es Excessivelz drained loarny sand,HSG A 4 L70C2 Lester-Malardi complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded L4C Crowfork loamy sand,6-12%slopes Excessively drained loamy sand,HSG A L32F Hawick loamy sand, 18-40%slopes Excessively drained loamy sand,HSG A L41)Crowfork loamy sand, 12-18%slo es Excessively drained loamy sand,HSG A 5 L32F Hawick loamy sand, 18-40%slopes Excessively drained loamy sand,HSG A L22F Lester loam,morainic,25-35%slopes Well drained loam,HSG B L70C2 Lester-Malardi Complex,6-12%slopes, Well to excessively drained sandy loam,HSG B eroded 6 L2C Malardi-Hawick 6-12%slopes Excessively drained sandy loam,HSG B L21)Malardi-Hawick 12-18%slopes Well to excessively drained sandy loam,HSG B L32F Hawick loamy sand,18-40%slopes Excessively drained loamy sand,HSG A L32D Hawick loamy sand, 12-18%slopes Excessively drained loamy sand,HSG A L47C Eden Prairie sandy loam,6-12%slopes Somewhat excessively drained loamy sand,HSG B L28A Suckercreek fine sandy loam,0-2%slopes, Poorly drained fine sandy loam,HSG D occasionally flooded,h dric Source: Natural Resources Conservation Service,Hennepin County Soil Survey Geographic(SSURGO)data. HSG=Hydrologic Soil Group. b Identtfy ruts toxcrazaidtsus tiiirta to be nseil'or presertttt srt and tdentr measures-to be ujWto "tr vent Ber t from olatatrataaattng gruuud eater t1 a to t or itttzatclOM tnat rtals will It to a ` reulat waste dtscharg €rrr ettusscn,dtscuss alterttatiittnstdeed tct rtrtusttntze oriel sinate \ 3JIF, „wasttery is tfargt r nu6sston Y � 4 a*v k i ` f' a mow`" Construction equipment may be sources of petroleum product,hydraulic fluid,or other leakage or spills during construction of any of the alternates. The construction contractor would be required to obtain a National Pollutant Discharge Elimination System(NPDES)construction permit and prepare and implement a stormwater pollution prevention program that includes pollution prevention measures such as solid waste,hazardous waste, and spill management. Hennepin Village Roadway Alternatives EAW December 2006 11 c� ndcate riti mbar,lncatisn,size and use oaf any above nr beln mound tayto stare um prodtts rtr other triainvais;except water iDe nice any etnergene -response ct r fainn ettt pl i s �; None. 21 Traffic,Parkrug:space added Extsrng spaees oaf proet tuolves expanston} Estamatecl z totaI average darIy raf c generated., Estirii ed.itta tt aumpeal l traffic generated{rf knfiwn) and ume ooccurrence 1?t aide an est�mat #he �apact nn afic;cnrtgesintt"nn affected reads aril describe aiiy tri# Improvements n scary � raject s`wrrthtn the Twtn it es metropolitan area," discuss Its impact an the tregtrtual transportation system ` a The proposed project would not generate new traffic,but would reroute existing and future traffic. The attached Appendix A,Traffic Impact Study for Hennepin Village Roadway Alternatives, details the expected traffic impacts on study area streets. Weekday daily volumes were developed for the roadway network within the study area,and weekday a.m.and p.m.peak hour traffic volumes were developed for the Spring Road/Prospect Road intersection. The following scenarios were modeled: 2006 Existing,2008 No-Build,and 2008 Build. The 2008 No-Build scenario assumes that none of the six alternates would be built,but that the Oak Creek at Hennepin Village development and the development in the area west of Eden Prairie Road,north of Beverly Drive,off Sky Lane would be built. Appendix A provides detailed projected traffic counts at key intersections for each scenario. The traffic analysis concludes that: • All movements at the Spring Road/Prospect Road intersection operate at Level of Service B or better for all scenarios for all roadway alternates. Additional capacity exists to accommodate future residential development in the study area. • Daily volumes on the surrounding roadway system vary depending on the roadway alternative. All volumes are within ranges expected for these types of roadways. No operational or safety issues would be anticipated from these volumes. • All of the roadway alternatives provide additional emergency assess to the area through roadway extensions and removal of dead ends. • All of the roadway alternatives provide additional road maintenance access for snow plowing and emergency repairs through roadway extensions and removal of dead ends. 22. Vehicle-related air enlissi©ns.Estimate the effect.pf the grr jeet's trdU generatloti,nn air qualtiy,including Acarboii monoxide levels_,I)iscuss:the effect oftraffie impr4vy m�nts.or'tather at dgatipp, eas ties bri"air, quality impacts:Note If the project involves 500 or more parking spaces,consuit W Guadeluz s'about whether a detailed air qualify hfialysts is"needed The project will not generate new traffic,so no new emissions are expected. 2 5tatinnara De te M dhs tlans ayeln sslansp gI from statt�stlat es of air e l lour Inch boilers,exliaust stacks or fugttivt dust sources ode any hazardous air pollutants insult l W GuIines far a listing}aliil any greenhouse ga%ses Bch as carbon Llibxtde,methane,nitrous iixtde)and n he-depletitig"cbetn Gals(chlorcr-flub' z rocarbons, fluoro a pezfluoracarbons or sul iir. exafluoride).Ali describe any,proposed pollution prevenrian"teclliiiqu and ,,, proposed air pollution corn t:devices.Describe the impacts on,air:qualtty The project will not generate stationary source air emissions. Hennepin Village Roadway Alternatives EAW December 2006 12 2 c©dors,noise and tYust.Will tiie proSect, ierate actors,noise or dust during con'tx, n`or duritig operatian ' -, _No If, es;>descnbe sources,character stics,duration,quantities her intensity ancl'Uy pi ased measures tci ni' to adverse. Also ideilr locations tiiearbensitive sand eta to i acts �t y; l them Discuss potential inipacts.on'-hutitaii health or quality of life� ote fogiUve dustetierated by; " operations;mad be discussed at item 21 ad of here.) Temporary and transient odors,noise,and dust would likely be generated during construction. The construction contractor would be required to operate within the city's noise ordinance limiting hours of construction. The construction specifications would include standard provisions for watering to settle dust. Post construction, there would be additional transient noise generated by traffic as it is rerouted across the roadway network. 25 Near i resources:Are any of the fallrrwing resources tip clr in proximity to the site? Arehaeolagteall steii7cal:vr architeetural ri sources No .� am 4 . Pime or u�ique.faiinlauds ar ladvitin an agricultural preserves des No Design teti wilts,reereataon areas or trail 2 X 'Xes Nt .... scenic views and vistasr Xis No ' Other am "6 resotrces NP yes,"des ti a res �a identify any prtil related;impacts on the xsource,l�nbe any tiaures to.. ntriiize or avoid fiver e imppctts �e� Archaeological,Historical,or Architectural Resources The State Archeologist's Office notes that there are several recorded archeological sites and recorded burial areas in the study area,and that there is a good probability that unreported archeological properties might be present in the study area. The State Archeologist recommends that an archeological survey be completed for any area that is considered for construction impacts(see the attached letter from the Office of the State Archeologist). Alternates 1 and 3 cross known archeological sites. Alternates 2 and 4 pass adjacent to known archeological sites. Some of these sites are farmstead remnants,and some are burial mounds. If any of those alternates are pursued,further site evaluation including a Phase I(survey and investigation)and potentially a Phase II (excavation)archeological study must occur in consultation with the State Archeologist's Office,and a plan prepared to protect these resources. Parks,Recreation Areas,and Trails The Riley Creek corridor in the study area is designated in the Eden Prairie Guide Plan as passive Park and Open Space. The proposed Alternate 6 would provide public access to the creek corridor. Scenic Views and Vistas Alternates 1 and 2 would require the extension of Turnbull Road to the east,to connect with either Beverly Drive(Alternate 1)or a new road(Alternate 2). The.new public road would be constructed on the alignment of what is now a private unimproved road located on a ridgeline between the bluff to the Minnesota River to the south and an extensive area of wooded open space to the north through which Riley Creek flows. Some tree removals would be necessary to construct a wider roadway to city standard. The existing view from the open space looking south is a wooded hillside with an occasional car passing by on the private road. Under Alternates 1 and 2,the view would be a wooded hillside with a public road and associated traffic on top of the ridge. Alternates 3,4,and 5 would require tree removals and construction of new roadways on the bluff,changing the appearance of the bluff. Hennepin Village Roadway Alternatives EAW December 2006 13 Alternate 6 would create a new crossing of Riley Creek through a corridor that currently has limited human- made structures,changing the appearance of the creek corridor. The Alternate 6 corridor would pass through an area that was formerly used as a golf course. A former golf cart trail crosses the creek in the study area. There is also a DNR concrete fish barrier structure in the study area. Other Unique Resources Downstream of the Riley Creek crossing proposed as part of Alternate 6 is Frederick-Miller Spring. This unique and historic resource draws persons from well beyond Eden Prairie,some of whom visit daily to fill their water bottles. A number of smaller springs and seeps have been delineated along Riley Creek. Construction of Alternate 6 is not likely to impact flow in Miller Spring. The presence of delineated springs along the creek from the area north of the proposed Alternate 6 crossing to Spring Road is strong evidence the riparian area of the creek is in the groundwatershed of Riley Creek,not Miller Spring. Flow measurements in Riley Creek taken in late fall 2006 show an increasing flow from a point north of the proposed Alternate 6 crossing to Spring Road,further indicating that groundwater in the vicinity of the creek is being expressed into the creek,not into Miller Spring. While the groundwatershed of Miller Spring has not been delineated(Ekman, pers.comm.,2006;Obermeyer,pers.comm.,2006),the spring originates in the bluff area directly west across Spring Road from the current spring trough location. It is likely that the Miler Spring groundwatershed is west and northwest of the spring. It is unknown whether construction of Alternates 1 through 5 would impact Miller Spring. Construction of Alternate 6 may impact some of the smaller springs in the vicinity of the crossing and thus may impact baseflow in Riley Creek. Dewatering for construction and installation of a stormwater detention pond to treat road runoff may temporarily or permanently redirect local surficial groundwater being expressed in the small springs in the area. There is not enough information available on the hydrogeology of the area to predict the specific impacts to these springs or whether there would be any net loss of groundwater contributions to baseflow. To minimize localized groundwater impacts,infiltration should be considered where possible. However,this area is also highly sensitive to groundwater pollution,so any infiltration facilities should maximize treatment to minimize pollutant transport into the surficial groundwater. 26 �fsuat impacts Will tlae p ate adverse•visual impacts-,dunng construdtbun drupes %oSu6h as, Aare fro jotense'lights,lights visible xt wtwilderness areas and l ge v stole pltur f m €ng#cawers a a., exhaust st is:� ::Y _ 1 .. ,. r. If Yes,explain None identified. ro eet sub t to an ad red local �"� Ctimpa#ihlity with plans�ud land use reguiai`ivns.Is tp J l p„ compre, srvev land Ilse plan'ur tegtilatiou, tr other�cable'land use,watet,,,orxeesuurce • ; W A. management plan42, lo' mgional,state ci'federal agency � yes,describe slit;plan,discuss its campattbz with the ptiect a+d a how any, S►n ctS will bCTeS&1"ved.if no ex#�in XF As discussed in item#14 above,.apart of Alternate 6 falls within a Shore Impact Zone. Roadways may be placed in the Shore Impact Zone provided the conditions of the city's zoning code are met. Section 11.50 Subd. 12(C)requires roads to be set back at least 50 feet from the Ordinary High Water Level. A crossing by definition must cross through the Shore Impact Zone and across the water body. The City Council must evaluate whether a crossing can be made consistent with the protective measures of the ordinance. Hennepin Village Roadway Alternatives EAW December 2006 14 Alternates 3,4,5,and 6 partly fall within a Bluff Impact Zone and would be subject to the city's bluff and steep slope ordinance. Similar to the Shore Impact Zone ordinance,Section 11.50 Subd. 12(C)requires roads in Bluff Impact Zones to be set back at least 50 feet from the Ordinary High Water Level. However,roads are permitted to be constructed on steep slopes provided adequate erosion control measures are taken. The City Council must evaluate whether construction in the Bluff Impact Zone can be made consistent with the protective measures of the ordinance. The alternates are also subject to regulations of the Riley-Bluff-Purgatory Creek Watershed District,under which any of these alternates would be compatible providing water quantity and quality and floodplain regulations are met. 28 Yixapact onanfrastructure and public services Wiil uee expaiided utilities,roads,tither infrastructure 7 or public services be rectuircd to serve the project? ,X - ees Nn: If yes,describe the new or additional iiifza�tiucture ur services needed:(Note any infrastiii06-re Fiat is a ctinnectet!action with respect tit the pruecrmust be assessedinhe EAR see EAW Gni77" a wlt 44" Construction of new roadway would require construction of additional storm sewer and/or stormwater Best Management Practices(BMPs)such as detention ponding or bioinfiltration/filtration. 29, Cumtrlative t is Minnesota Ruieia�t4l{l I QEI,subs?,ttenx B rqures that the RCrl1 cainsider th cumulative pot ittial effects u��elat gar anticiliated future: r ects"Mein cie Pr ning the treed fur an en...... ental nnpact statement.Identify any pas[,• rresent ur reiisoi bly i le'future t rtiie s that inay interact with ie'project described n this EAW',rn,such a way stir ausg cumulativeiinpaets Describe `tli&nature©f the,cu nulative impacts and su iirntarixe any other available inffirina ion relevant,to dt terminin whether there is pi tential fur signs cant erivtruz►mental effects ue tta ciiIztimve impacts itr dtscusr ecxi h c'40igloire.'ttnp tc#under appropriate item(s)elseivl ere on xhis_fq"W_* Construction of Alternates 1 or 2 may increase the attractiveness of conversion of the current large lots west of Eden Prairie Road to more dense future development. While the City expects this conversion will take place anyway,that redevelopment may occur on a faster timeframe than expected. It is likely there will be traffic, stormwater runoff,and bluff impacts from that new development. Connecting Eden Prairie Road and Dell Road (Alternates 1 and 2)may also require future upgrades to Dell Road. „ Miter potential enviroinuental Jmpact&If the prcr y cause any-adverse enviro,p,ea l iii�tstiot addressed IAy items'.lti ,ideritify,and discuss the here,along with and proposed aiiiligatieii` a None identified. l Suuunary 'a of issues.Dv not crxttpiete rhrs crtri if is beingne fir l 75 st aarng>rnsicad, address eievuni i su s in r Sj*ing,Dpcai n drrcume..rtt, 7tich must accgnipdny the�W East airy identfedabvethat_ay bnimpacts and issues fh t s Discuss laiy altatives ur Jnitigative measures that,havice�een of may be Cutisideredtir ilieS inipaCt5 and issues,:iiieluding those that have been or may be ordered as ermit condition The following are issues raised above. Additional work on these issues would be required only if a particular Alternate is selected for further consideration. 1. Threatened and endangered species site survey for Alternates 3,4,and 5. If any are found,a plan to avoid impacts to any found species must be developed in consultation with the DNR. Hennepin Village Roadway Alternatives EAW December 2006 15 2. Consultation with the DNR to determine the preferred method of protecting a delineated threatened species found in the vicinity of,but outside the construction limits of,Alternate 6. 3. Development of a floodplain fill mitigation plan for Alternate 6 if required. 4. Development of a wetland mitigation plan for Alternate 6 if required. 5. Phase I and possibly Phase II archeological study and mitigation plan for Alternates 1 and 3. Consultation with the State Archeologist's Office and possibly a Phase I archeological study for Alternates 2 and 4. 6. Consideration of the Shore Impact Zone(Alternate 6 only)and Bluff Impact Zone ordinances and requirements for Alternates 3,4,5,and 6 to determine whether those Alternates can be made compatible with those land use regulations. Hennepin Village Roadway Alternatives EAW December 2006 16 REFERENCES CITED Ekman,Julie. 2006. Personal communication, 11/06. DNR Central Region 3 Area Hydrologist,Carver/Hennepin- South Counties. Ellison,Daryl. 2006. Personal communication, 11/06. DNR West Metro Area Fisheries Manager. Metropolitan Council Environmental Services(MCES). 2005. 2003 Stream Monitoring Report. St.Paul,MN. Environmental Quality Assurance Department. <<http•//www metrocouncil or,g/Environment/RiversLakes/Streams/StreamResults.htm>>. Accessed December 4, 2006. Minnesota Department of Natural Resources(DNR). 2003. Riley Creek Stream Survey,Field Work 8-14-03 and 8- 14-03. Eden Prairie,MN. DNR File report. Minnesota Pollution Control Agency(MPCA). 2006. Minnesota Stormwater Manual. St.Paul,MN. <<http://www.pca.state.nm.us/water/stormwater/stormwater-manual.html>>. Accessed December 4,2006. Obermeyer,Bob. 2006. Personal communication, 11/06. Barr Engineering Company,Riley-Purgatory-Bluff Creek Watershed District Engineer. Hennepin Village Roadway Alternatives EAW December 2006 17 RGU CERTIFICATION.The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor. I hereby certify that: • The information contained in this document is accurate and complete to the best of my knowledge. • The EAW describes the complete project;there are no other projects,stages or components other than those described in this document,which are related to the project as connected actions or phased actions, as defined at Minnesota Rules,parts 4410.0200,subparts 9b and 60,respectively. • Copies of this EAW are being sent to the entire EQB distribution list. Signature Date Title The format of the Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at the Administration Department.For additional information,worksheets or for EAW Guidelines,contact: Environmental Quality Board,658 Cedar St.,St.Paul,MN 55155,651-296-8253,or http://www.egb.state.mn.us Hennepin Village Roadway Alternatives EAW December 2006 18 LN 5 L ti .......................... .................. ....... Hennephi County —14 -------------------------- ------------- F-1 z' U.5............ LT Project Eden i Location Prairie LI 71 T 5 2.5 0 5 ..................... Miles Mxd:LAtmplate Vemplat 8.5x11 rtM P0it.mxd.mxt S'1/20 4 06 74\7.38 PM 2 CITY OF EDEN PRAIRIE DEC 200d6 Wenck 8 Hennepin Village Roadway Alternatives Wenck Associates,Inc. 1800 Pioneer Greek Center Figure 11 General Location Map Environmental Engineers Maple Plain,MN 55359-0429 Roadway Alternative , t Estimated Grading Area W tr Roadway Alt emate�6 +' ell el w (Turn 'ull'Rd� �, rr W �°> � 4 Roadway Alternate 3 Roadway Alternate 2 * (Alignment to be determined) 1 � Roadway Aternate 5 i .� s, ;�yR_",--^+�-•' r`� Roadway Alternate 4 USGS Eden Prairie and Shakopee Quadranglesr- Roadway Alternates and Estimated Grading Areas, _ t City of Eden Priaire 500 250 0 500 ^, Feet LJ0994I03 EAW/mxd1S\udy Area ovadrarrgle CITY OF EDEN PRAIRIE s Wet1Ck DEC 2006 W—n Asaocia-Inc. 1800 Pioneer Creek CeMer Hennepin Village Roadway Alternatives Study Area EnW—MMEngin— MeplePW,MN55359-0429 Figure 2 -� ., �F,;, a � � Ne Ili"' u V i•' i�i d � 5 ✓ � ill' i\\Y � � I I 3 � p Y � s Prospect".Rd ,F " dV� i Roadway Alternate 6 x Roadway Alternate 1 I :Turnbull Rd � ,•� as .° WY Roadway Alternate 3 Q„ �Q' Roadway Alternate 2 �'. (Alignment to be determined) Roadway Alternate 5 �. ,F v••,, - ._; � � F�yin9°Cloud � � w, 2004 Aerial Photography,City of Eden Prairie �r Roadway Alternate 4 Roadway Alternates and Estimated Grading Areas, City of Eden Priaire 700 350 0 700 Feet $. Mxd:L T094\0094-12 EAWYnxd\Project Location and Roadway AMernatives—d Last Modified:126/20063:22:04 PM '•' •, CITY OF EDEN PRAIRIE § Wenck DEC 2006 Project Location and Roadway Alternatives Wenck Associates,Inc. 1800 Pioneer Creek Center Figure 3 Environmental Engineers Maple Plain MN 55359-0429 r wrrs, mil►Roadway Alternative / Streams ; Steep Slopes ,� Areas where slopes of 12%to 18%are more likely to be found ®Areas where slopes greater than 18%are more likely to be found Estimated Grading Area Roadway Alternate 1 to 6 rna Roadway Alte �...� yea m / , fg I I!I(111 •� � (L mi f Turnbull Rd " ,.... w € Roadway Alternate 3 Roadway Alternate 2 (Alignment to be determined) .; C Roadway Alternate 5 �" a�►iV Roadway Alternate 4 Steep Slope data,Hennepin County €a Roadway Alternates and Estimated Grading Areas, Cityof Eden Priaire a . i Feet ;. , L'/009d19094-12 EAW/rtvNSbep Sbpas CITY OF EDEN PRAIRIE a Wenck DEC 2006 Week A%ooW.,Inc. 1800 Pi.—Creek Center Hennepin Village Roadway Alternatives Areas With Steep Slopes Enwonme WEngineen MapkPI.M.MNSS35M429 Figure 4 Cc OF tu11NN��� Minnesota Department of Natural Resources o Natural Heritage and Nongame Research Program,Box 25 aCD 500 Lafayette Road a� St.Paul,Minnesota 55155-40 Phone:(65I)259-5107 Fax:(651)296-1811 E-mail:sarah.wren@dnr.state.mn.us Oft NATLYR November 13,2006 Diane Spector Wenck Associates,Inc. 1800 Pioneer Creek Center,P.O.Box 249 Maple Plain,MN 55359 Re:Request for Natural Heritage information for vicinity of proposed Eden Prairie Hennepin Village Roadway Alternatives,T116N R22W Sections 29&30,Hennepin County NHNRP Contact#: ERDB 20070339 Dear Ms.Spector, The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one-mile radius of the area indicated on the map enclosed with your information request;Based on this review,there are 22 known occurrences of rare species or native plant communities in the area searched(for details,see enclosed database printouts and explanation of selected fields).Following are specific comments for only those elements that may be impacted by the proposed project. Rare feature occurrences not listed below are not anticipated to be affected by the proposed project. Alternatives 3,4,and 5 pass through an area that has been identified by the Minnesota County Biological Survey as a "Site of High Biodiversity Significance". "Sites of Biodiversity Significance"are areas with varying levels of native biodiversity that may contain high quality native plant communities,rare plants,rare animals,and/or animal aggregations.This particular site contains dry sand-gravel prairie and pin oak—bur oak woodland native plant communities(see enclosed map), as well as an occurrence of Rhombic-Petaled Evening Primrose (Oenothera rhombipetala),a special concern plant species.We recommend that only those alternatives that would avoid impacting this ecologically significant site be considered for further evaluation. The Natural Heritage database is rmaintained by the Natural Heritage and NungameResearh Program, a unit within the Division of Ecological Services,Department of Natural Resources.It is continually updated as new information becomes available,and is the most complete source of data on Minnesota's rare or otherwise significant species, native plant communities, and other natural features. Its purpose is to foster better understanding and protection of these features. Because our information is not based on a comprehensive inventory,there may be rare or otherwise significant natural features in the state that are not represented in the database. A county-by-county survey of rare natural features is now underway,and has been completed for Hennepin County. Our information about native plant communities is,therefore,quite thorough for that county. However,because survey work for rare plants and animals is less exhaustive, and because there has not been an on-site survey of all areas of the county,ecologically significant features for which we have no records may exist on the project area. The enclosed results of the database search are provided in two formats: index and full record. To control the release of locational information which might result in the damage or destruction of a rare element, both printout formats are copyrighted. The index provides rare feature locations only to the nearest section, and may be reprinted,unaltered,in an Environmental Assessment Worksheet,municipal natural resource plan, DNR Information:651-296-6157 1-888-646-6367 • TTY:651-296-5484 • 1-800-657-3929 40WAn Equal Opportunity Employer Printed<m Recycled 1:tper t t�ntautitzg a Jvlininntmtaf I{f5fe Masi-{'an4unurwatte or report compiled by your company for the project listed above. If you wish to reproduce the index for any other purpose, please contact me to request written permission. The full-record printout includes more detailed locational information,and is for your personal use only.If you wish to reprint the full-record printouts for any purpose,please contact me to request written permission. Please be aware that review by the Natural Heritage and Nongame Research Program focuses only on rare natural features. It does not constitute review or approval by the Department of Natural Resources as a whole. If you require further information on the environmental review process for other natural resource- related issues,you may contact your Regional Environmental Assessment Ecologist,Wayne Barstad,at(651) 772-7940. An invoice in the amount of$78.57 will be mailed to you under separate cover within several weeks of the date of this letter. You are being billed for map and database search and staff scientist review. Thank you for consulting us on this matter,and for your interest in preserving Minnesota's rare natural resources. Sincerely, Sarah D.Wren Endangered Species Environmental Review Coordinator encl: Database search results Rare Feature Database Print-Outs:An Explanation of Fields Native plant communities map cc: Wayne Barstad � O ci o ���'NESp�A• November 20,2006 Ms.Amy Denz Wenek Associates,Inca 1800 Pioneer Creek Ctr. P.O.Box 249 Maple Plain,MN 55359-0249 RE: Proposed alternative roadway alignments off of County Road 4(Eden Prairie Road)near Highway 169. T 116N R22 W Sec.29/30,City of Eden Prairie,Hennepin County,Minnesota Dear Ms.Denz: Thank you for consulting with our office during the preparation of an Environmental Assessment Worksheet for the above referenced project. There are several recorded archaeological sites and recorded burial areas both within and adjacent to the project. Moreover we believe that there is a good probability that unreported archaeological properties might be present in the project area. Therefore,'we recommend that an archaeological survey of the area be completed. The survey should meet the requirements of the Secretary of the Interior's Standards for Identification and Evaluation,and should include an evaluation of the National Register eligibility for any properties that are identified_ Any fieldwork and reports should also follow the guidelines established by the State Historic Preservation Office. It appears that Alternate 3 crosses archaeological site 21 FIE0306 and that Alternate 1 crosses archaeological site 21HE00241. These sites would need to be evaluated and potential impacts to the sites addressed. Due to the presence of three previously recorded burial areas adjacent to the potential corridors,continuing consultation with this office is recommended. This is particularly important with Roadway Alternate 2, where the alignment has yet to be determined. Alternate 2 passes adjacent to two recorded burial areas 21HE0020 and 21 HE0024. The presence of these burial areas should be considered when determining a final alignment for this alternate. Roadway Alternate 4 also passes adjacent to burial area 21HEO 104. With both of these alternates(2 and 4)potential borrow sources,tree removal,backslopes and equipment/materials storage areas are also of concern. If you have any questions please contact me at(612)725-2729 Sincerely, Bruce Koenen Research Archaeologist I Traffic Impact Study for Hennepin Village Roadway Alternatives Eden Prairie, MN Wenck File#0094-12 Prepared for: CITY OF EDEN PRAIRIE Prepared by: December 5, 2006 WENCK ASSOCIATES,INC. 1800 Pioneer Creek Center P.O. Box 249 .._........ W Wenck Maple Plain, Minnesota 55359-0249 (763)479-4200 TA0094\12 EAW\Peport\009442 traffic study mport.doc Table of Contents 1.0 PURPOSE AND BACKGROUND.................................................................................1-1 2.0 EXISTING CONDITIONS.............................................................................................2-1 3.0 FUTURE ROADWAY ALTERNATIVES....................................................................3-1 4.0 TRAFFIC FORECASTS................................................................................................4-1 5.0 TRAFFIC ANALYSES...................................................................................................5-1 6.0 CONCLUSIONS..............................................................................................................6-1 FIGURES 1 PROJECT LOCATION AND ROADWAY ALTERNATIVES 2 EXISTING DAILY VOLUMES i 1.0 Purpose and Background The purpose of this study is to evaluate traffic impacts of six roadway alternatives in the area north of Flying Cloud Drive at Eden Prairie Road. The City of Eden Prairie is considering closing or rerouting the intersection of Eden Prairie Road and Flying Cloud Drive. The southbound approach to the intersection is steep and winds down the bluff to the Minnesota River. It is difficult to maintain in the winter and has been the location of several accidents. There are numerous residential properties on Eden Prairie Road, Beverly Drive, and a developing area off of Sky Lane that rely on that intersection for access to Flying Cloud Drive or as a secondary emergency access to the area. Closure of the intersection would require an alternate east-west connection to either Spring Road to the east or Dell Road to the west to provide that access. It may also be possible to reroute Eden Prairie Road on an alternate alignment down the bluff. Figure 1 illustrates the study area and the following proposed roadway alternates: 1. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to Beverly Drive. 2. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to a new street south of and paralleling Beverly Drive. 3. Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Flying Cloud Drive. 4. Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive. 5. Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection. 6. Connect Eden Prairie Road to Spring Road by extending Prospect Road west to Eden Prairie Road. Two future residential developments were included as part of the traffic study: 90 single family dwelling units were assumed for the Oak Creek and Hennepin Village development area east of Eden Prairie Road and 40 single family dwelling units for the developing area west of Eden Prairie Road, north of Beverly Drive, off of Sky Lane. 1-1 2.0 Existing Conditions Eden Prairie Road. Eden Prairie Road is a two lane,rural section roadway that serves as a local street in the study area. The roadway extends north from T.H. 212 through the study area and ultimately north of County Road 1. In the study area, Eden Prairie Road provides direct access for residential uses as well as access from intersecting streets. Spring Road. Spring Road is a two lane,rural section roadway south of Prospect Road. North of Prospect Road, Spring Road is a two lane, urban section roadway which intersects with Eden Prairie Road south of County Road 1. South of Mitchell Road, Spring Road is designated as County Road 4. Prospect Road. Prospect Road is a two lane, urban section roadway that extends west from Spring Road. The roadway presently ends approximately 1,500 feet west of Spring Road. Prospect Road provides access for a residential development located west of Spring Road. Existing daily traffic volumes are shown in Figure 2. Weekday a.m. and p.m. peak period turn movement volumes were recorded at the Spring Road/Prospect Road intersection on October 10 and 11, 2006. These volumes are presented later in this report. 2-1 3.0 Future.Roadway Alternatives As described earlier,this report analyzes the traffic impacts of six roadway alternatives. The six roadway alternatives included in this report are described below and shown in Figure 1. 1. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to Beverly Drive. 2. Connect Dell Road to Eden Prairie Drive by extending and connecting Turnbull Road to a new street south of and paralleling Beverly Drive. 3. Realign Eden Prairie Road to a new intersection on Spring Road 400 feet north of Flying Cloud Drive. 4. Realign Eden Prairie Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive. 5. Realign Eden Prairie Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection. 6. Connect Eden Prairie Road to Spring Road by extending Prospect Road west to Eden Prairie Road. 3-1 4.0 Traffic Forecasts Forecasting Scenarios To effectively address the traffic impacts of the roadway alternatives,traffic forecasts were completed for 2008. Weekday daily volumes were developed for the roadway network within the stud area and weekday a.m. and .m.peak hour traffic volumes were developed for the Y Y p p P Spring Road/Prospect Road intersection. Analysis for the subject intersection includes the following scenarios: • 2006 Existing • 2008 No-Build • 2008 Build The following methodology was used to develop traffic volumes for the above scenarios: • 2006 Existing. Weekday a.m. and p.m. peak hour traffic volumes for this scenario were established based on peak period traffic counts. • 2008 No-Build. To account for natural background traffic growth, existing volumes were increased at a rate of two percent per year for two years. The No-Build scenario assumes residential development continues in the area(including the Oak Creek and Sky Lane developments)but the roadway network remains as it exists today. • 2008 Build. Volumes changes due to the roadway alternatives and the two residential developments were added to the 2008 No-Build volumes to establish 2008 Build volumes. Trip Generation As described earlier,two residential developments were included in the traffic analysis. Weekday peak hour and daily trip generation for these developments was based on data presented in the Institute of Transportation Engineers' (TTE) Trip Generation, Seventh Edition. The resultant trip generation is shown in Table 1. 4-1 Table 1 Weekday Peak Hour Trip Generation A.M.Peak Hour P.M.Peak Hour Use Size Units Trips Trips Dail In Out In Out Total Single Family 90 Dwelling units 17 51 57 34 861 Single Family 40 Dwelling units 8 22 25 15 382 25 73 82 49 1,243 Additional trips generated by development located east of Spring Road on Charlson Road were also accounted for in the forecasts. Information obtained from City staff was used to determine the additional trips added by residential, office, and retail uses located east of Spring Road. These trips were added to the roadway network based on the previous traffic study completed for that area. Trip Distribution Percentages Trip distribution percentages for the two new residential developments were based on existing count data,the locations of the new developments, and the available roadway network. We estimate that 80 percent of the new trips will be oriented to/from the north on Eden Prairie Road and 20 percent to/from the south on Eden Prairie Road. The existing volumes were adjusted to account for the impacts of each roadway alternative. These adjustments were made based on the available roadway network under each alternative and logical shifts in travel patterns that motorists would make for each alternative. Traffic Volumes The total weekday a.m. and p.m.peak hour volumes for the Spring Road/Prospect Road intersection are shown in Tables 2 and 3,respectively. The weekday daily volumes for the surrounding roadway network are shown in Table 4. 4-2 Table 2 Weekday A.M.Peak Hour Turn Movement Volumes at Spring Road and Prospect Road Roadway Alternative Scenario EBLT EBTH NBLT NBTH SBTH SBRT 2006 51 3 2 381 73 13 1 2008 no build 51 3 2 395 76 13 2008 build 51 3 2 423 83 13 2 2008 no build 51 3 2 395 76 13 2008 build 51 3 2 423 83 13 3 2008 no build 51 3 2 395 76 13 2008 build 51 3 2 395 1 76 13 4 2008 no build 51 3 2 395 76 13 2008 build 51 3 2 395 76 13 5 2008 no build 51 3 2 395 76 1 13 2008 build 51 3 2 395 76 13 6 2008 no build 51 3 2 395 76 13 2008 build 72 3 2 451 90 25 EBLT=eastbound left turn,EBRT=eastbound right turn,NBLT=northbound left turn,NBTH=northbound through,SBTH=southbound through, SBRT=southbound right turn Table 3 Weekday P.M.Peak Hour Turn Movement Volumes at Spring Road and Prospect Road Roadway Alternative Scenario EBLT EBTH NBLT NBTH SBTH SBRT 2006 21 2 1 127 334 46 1 2008 no build 21 2 1 133 347 46 2008 build 21 2 1 143 372 1 46 2 2008 no build 21 2 1 133 347 46 2008 build 21 2 1 143 372 46 3 2008 no build 21 2 1 133 347 46 2008 build 21 2 1 133 347 46 4 2008 no build 21 2 1 133 347 46 2008 build 21 2 1 133 347 46 5 2008 no build 21 2 1 133 347 46 2008 build 21 2 1 133 347 46 6 2008 no build 21 2 1 133 347 46 2008 build 43 2 1 154 396 86 EBLT=eastbound left turn,EBRT=eastbound right turn,NBLT=northbound left turn,NBTH=northbound through,SBTH=southbound through, SBRT=southbound right turn 4-3 Table 4 Weekday Daily Volumes on the Surrounding Roadway System Location Roadway Eden Prairie Rd. Beverly Dr.west of Spring Rd.north of Prospect Rd.west of Alternative Scenario south of Beverly Dr. Eden Prairie Rd. T.H.212 Spring Rd. 2006 1,400 110 3,375 700 1 2008 no build 1,450 110 3,500 700 2008 build 0 455 3,850 700 2 2008 no build 1,450 110 3,500 700 2008 build 0 490 3,850 700 3 2008 no build .1,450 110 3,500 700 2008 build 1,700 490 5,150 700 4 2008 no build 1,450 110 3,500 700 2008 build 1,700 490 5,150 700 5 2008 no build 1,450 110 3,500 700 2008 build 1,700 490 3,500 700 6 2008 no build 1,450 110 3,500 700 2008 build 0 1 490 4,325 1,300 4-4 5.0 Traffic Analyses Level of Service Weekday a.m. and p.m. peak hour capacity analyses were completed for the Spring Road/Prospect Road intersection for the 2006 Existing, 2008 No-Build, and 2008 Build scenarios. Capacity analysis results are presented in terms of level of service(LOS), which ranges from A to F. LOS A represents the best intersection operation, with very little delay for each vehicle using the intersection. LOS F represents the worst intersection operation with excessive delay. The analysis indicates that the eastbound left turn and right movements operate a LOS B and all movements on Spring Road operate at LOS A during both the a.m. and p.m.peak hours for all scenarios. Therefore, adequate capacity exists at this intersection to accommodate any of the roadway alternatives without any geometric or control changes. Daily Volume Impacts As shown in Table 4, daily volumes on the surrounding roadway system vary depending on the roadway alternative. Alternatives 1 and 2 shift volume from Eden Prairie Road to the Tumbill Road extension and Spring Road. Alternatives 3 and 4 reroute the Eden Prairie Road volume to Spring Road. Alternative 5 has minimal impact on volume because it maintains access at T.H. 212 for Eden Prairie Road. Alternative 6 results in the largest increase on Prospect Road due to the extension to Eden Prairie Road. Review of the daily volumes indicates that all volumes are within ranges expected for these types of roadways. We do not anticipate any operational or safety issues with the volumes shown on any of the roadways. The peak hour level of service at the Spring Road/Prospect Road intersection remains the same as existing under all alternatives,indicating adequate capacity to accommodate all alternatives,including alternative 6. The volumes indicate that additional capacity exists on the roadway system to accommodate additional residential development that may occur in the future. Emergency Access Impacts A sound roadway system with multiple routes to development areas is critical for effective emergency response. The creation of long cul-de-sacs is undesirable and often prohibited in communities. If Eden Prairie Road is closed south of Beverly Drive, at is would be under Alternatives 1, 2, and 6, additional access to this area should be provided. In Alternatives 1 and 2,the additional access is provided through the Tumbill Road extension. Under Alternative 6, 5-1 the additional access is provided through the extension of Prospect Road to Eden Prairie Road. Alternative 6 also improves access to the existing residential area west of Spring Road at Prospect Road. Alternatives 3,4, and 5 continue to utilize Eden Prairie Road for additional access. Road Maintenance Access A continuous roadway network is important for effective road maintenance operations,including snow plowing and emergency repairs. Alternatives 1 and 2 provide a new connection to Dell Road, which helps connect the study area with the area to the west. Alternatives 3,4, and 5 continue to use Eden Prairie Road as a connecting road through the study area. Alternative 6 creates a cul-de-sac on Eden Prairie Road while eliminating a dead end on Prospect Road. 5-2 6.0 Conclusions Based on the information presented in this report, we have established the following conclusions: • All movements at the Spring Road/Prospect Road intersection operate at LOS B or better during the 2006 and 2008 scenarios for all roadway alternatives. Additional capacity exists to accommodate future residential development in the study area. • Daily volumes on the surrounding roadway system vary depending on the roadway alternative. Review of the daily volumes indicates that all volumes are within ranges expected for these types of roadways. We do not anticipate any operational or safety issues with the volumes shown on any of the roadways. • A sound roadway system with multiple routes to development areas is critical for effective emergency response. The creation of long cul-de-sacs is undesirable and often prohibited in communities. All of the roadway alternatives provide additional emergency access to this area through roadway extensions. • A continuous roadway network is important for effective road maintenance operations, including snow plowing and emergency repairs. All of the roadway alternatives provide additional access to this area through roadway extensions. 6-1 i , • V aw 55 4 ,rEh sT F ei / Roadway Alternate A Roadway Alternate 1 Turnbull Rd y,; - ,a, a � y: �•� Roadway Alternate 3 Roadway Alternate 2 (Alignment to be determined) Roadway Alternate 5 „ �.Ymg,ClOua D"r �2004 Aerial Photography,City of Eden Prairie �;, Roadway Alternate 4 Roadway Alternates and Estimated Grading Areas, City of Eden Priaire 700 350 0 700 3 Feet Mxd-.L.\0094\0094-12 EAVVYnxd\Project Location and Roadway Atternatives.mxd Last Modified:1 216/20 0 6 3'.22'.04 PM CITY OF EDEN PRAIRIE Wenck DEC 2006 Project Location and Roadway Alternatives wenck Associates,Inc. 1800 Pioneer Creek Center Figure 1 Environmental Engineers Maple Plain MN 55359-0429 ,, „pect Rdl�i A 4a / t w� oQ� 1400 3375 .; e � ,. y ;�Fty►nJ`Cloud pr- "���.., � ����- N04 Aerial Photograph(Source:Eden Prairie) g' r 750 375 0 750 i 1 Feet Mxd'.L'.\0094\0094-12 EAW111\Existing Daily Traffic Volumes d CITY OF EDEN PRAIRIE o Wens k DEC 2006 Existing'Daily Traffic Volumes V enck Associates,Inc. 1800 Pioneer Creek Center Figure 2 Environmental Engineers Maple Plain MN 5535M429 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5689 ITEM NO.: VILI. Mary Krause Award Contract for 2007 Maintenance Public Works/Engineering Materials and Water Treatment Chemicals Requested Action Move to: Award contracts for I.C. 07-5689,Maintenance Materials and Water Treatment Chemicals for 2007, as indicated in the attached recommendation of award. Synopsis Bids were received on December 7, 2006 for the 2007 supply of Street Maintenance Materials and Water Treatment Chemicals. Attached is a summary sheet indicating the bid prices for these materials and chemicals and a table indicating the material or chemical,the recommended suppliers and the unit prices of the material to be purchased. Background Information MNDOT 2331 and Class 5 Agg_re agate: Four bids were received for the MNDOT bituminous mixes. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier's plant to the shop indicates a savings to use asphalt supplied from Bituminous Roadways to supply the bituminous material,with William Mueller& Sons having the second lowest cost based on the analysis;third lowest being Midwest Asphalt. Due to production capabilities, demand and availability at the plants,the award of the bituminous mix is to Bituminous Roadways and William Mueller& Sons and Midwest Asphalt. Staff will select the appropriate vendor on a daily basis. Similar cost analysis taking into consideration the time, equipment and labor to haul the material, was done for the Class 5 aggregates. The analysis for Class 5 Recycled aggregate shows a savings to utilize Midwest Asphalt and Class 5 Virgin(100%crushed)aggregate utilizing Kraemer Mining and Materials. Water Treatment Chemicals: The water treatment chemicals are critical to the operation of the water treatment plant and the amounts used will be dictated by the treatment plant. Actual quantities used will vary, depending upon the 2007 weather; a wet summer will have lower water production; a dry summer will have higher water production and therefore will use more chemicals to treat the water. Quicklime: Three bids were received for quicklime,with the low bidder being Cutler Magner, at a unit bid price of$86.64/ton;this low bid applies a fuel surcharge to the unit price on per ton basis. The fuel surcharge is calculated by applying a surcharge based on a published price of diesel fuel to a fixed freight rate per ton of quicklime. The City utilized Cutler Magner for the supply of quicklime last year utilizing a fuel surcharge. Based on the facts that this same supplier has been the successful low bidder for quicklime the previous several years,the City is utilizing a fuel adjustment on other projects(specifically the Lime Residuals Hauling and Disposal project), in the best interest of the City, staff recommends award of the quicklime with a base bid rice of$86.64/ton with a fuel surcharge calculated on a q p tonnage basis. Liquid Ferric Chloride Two bids were received for liquid ferric chloride, with the low bidder being PVS Technologies at $0.954/gallon. The second bidder from Hawkins Chemical was $0.96/gallon,with a cost difference of$180 between PVS Technologies and Hawkins Chemical for the projected supply of 30,000 gallons. The chemical composition of the product to be supplied by PVS is slightly outside of the required specification as called out in the project specifications;therefore staff q p P J p recommends award of the liquid ferric chloride to Hawkins Chemical with a bid of$0.96/gallon. Attachments • Recommendation of Award • Bid Summary RECOMMENDATION OF AWARD I.C.07-5689 2007 Maintenance Materials and Water Treatment Chemicals 1 Mn/Dot 2331 Type 41A(bituminous) Bituminous Roadways,Inc. $38.43/Ton Wm.Mueller&Sons,Inc. $40.00/Ton Midwest Asphalt Corporation $49.60/Ton 2 Mn/DOT 2331 Type 41B(bituminous) Bituminous Roadways,Inc. $35.66/Ton Wm.Mueller&Sons,Inc. $39.00/Ton Midwest Asphalt Corporation $48.53/Ton 3 Class 5 Recycled Aggregate Midwest Asphalt Corporation $6.94/Ton 4 Class 5 Virgin(100%Crushed)Aggregate Kraemar Mining and Materials $8.25/Ton 5 Quicklime Cutler-Magner Company $86.64/Ton* *=with monthly fuel adjustment 6 Liquid Ferric Chloride(35%solution) Hawkins,Inc. $1.47/Gallon 7 Liquid Chlorine(1 ton shipments) Hawkins,Inc. $486/Ton 8 Liquid Carbon Dioxide Air Liquide America $63.50/Ton 9 Sodium Polyphosphate Calci Quest,Inc. $1,340/Ton 10 Sodium Silicofluoride Hawkins,Inc. $1,860/Ton 11 Flourosilicic Acid Hawkins,Inc. $1.73/Gallon G:Engineering/IC#s/07-5689/Recommendation of Award" Award Summary BIDDERS MnDOT MnDOT Class 5 Class 5 Quicklime Liquid Liquid Liquid Sodium Sodium Flourosilicic 2331 Type41A 2331 Type 41B (100%Recycled (100%Virgin Ferric Chlorine Carbon Poly-phosphate Silicoflouride Acid (Bituminous) (Bituminous) Crushed) Crushed) Chloride I ton Dioxide loads Aggregate Industries $6.23/r $7.38/I' Air Liquide America $63.50/r Barton Sand&Gravel $7.55/I' Bituminous Roadways $38.43/r $35.66/r $6.27/r Bryan Rock $9.93/r CalciQuest $1,340/r Commercial Asphalt Co. $50.20/I' $47.40/T Continental Carbonic Corp.Exchange $70/r Cutler-Magner Co. $86.6417* DPC Industries $487.40 Ethanol Products CO2 $64/r Hawkins Chemical $0.96/gal $486/r $1,840/r $1860/T $1.73/gal Hellers Carbonic West $78.59/r Kraemer Mining&Materials $7.88/7 $8.25/r Midwest Asphalt $49.60/r $48.53/r $6.94/r $18.64/r Mississippi Lime $165/T Mueller&Sons $40/r $39/f $6.85/T Nalco $1,360/r Praxair PVS Technologies $0.954/gal SA-AG,Inc. $4.55/r Shannon Chemical $1,547.47/T Western Lime Corporation $112/r *=bid includes fuel surcharge clause G:Engineering/IC#s/07-5689C'07-5689 Award Summary" CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5675 ITEM NO.: VILJ. Randy Newton Resolution Approving Traffic Control Public Works/Engineering Signal Agreement with MnDOT for the Mitchell Road and Lone Oak Road Traffic Signal. Requested Action Move to: Adopt resolution approving Traffic Control Signal Agreement No. 90419-R with MnDOT for the Mitchell Road and Lone Oak Road Traffic Signal. Synopsis This agreement defines the maintenance and operation responsibilities for the new traffic signal at Mitchell Road and Lone Oak Road. With this agreement MnDOT will be responsible for the operation and major maintenance of the new traffic signal. This enables MnDOT to operate all the traffic signals on Mitchell Road as a single coordinated system. Background Information As part of the Lone Oak Center Development a new traffic signal is being constructed at the Mitchell Road and Lone Oak Road intersection. MnDOT has previously agreed to operate a coordinated signal system on Mitchell Road, which will include six traffic signals between Anderson Lakes Parkway and Martin Drive. In order for MnDOT to effectively operate the coordinated signal system,they must be responsible(on a reimbursable basis) for the operation and major maintenance of the new Mitchell Road and Lone Oak Road traffic signal. The Traffic Control Signal Agreement defines the operation and maintenance responsibilities for both MnDOT and the City of Eden Prairie. The responsibilities outlined in the agreement are consistent with similar traffic signal agreements MnDOT and the City currently have in place. Attachments: • Resolution • Traffic Control Signal Agreement No. 90419-R CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- APPROVE TRAFFIC CONTROL SIGNAL AGREEMENT NO.90419-R WITH MNDOT FOR THE MITCHELL ROAD AND LONE OAK ROAD TRAFFIC SIGNAL (I.C.06-5675) WHEREAS, the City of Eden Prairie is constructing a new traffic signal at the Mitchell Road and Lone Oak Road intersection;and WHEREAS,the Minnesota Department of Transportation (MNDOT) and the City of Eden Prairie has determined that it is in the public's best interest that MNDOT operate the traffic signal as part of a coordinated signal system on Mitchell Road;and WHEREAS, the Minnesota Department of Transportation (MNDOT) has prepared a Traffic Control Signal Agreement that identifies the maintenance and operation responsibilities for the proposed traffic signal at the Mitchell Road and Lone Oak Road intersection. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Traffic Control Signal Agreement No. 90419-R for City Project 06-5675 is hereby approved, and the Mayor and City Manager are authorized to execute the said Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on December 19,2006. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta City Clerk MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 90419-R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF EDEN PRAIRIE FOR Maintenance of the Traffic Control Signal by State Forces on a reimbursable basis at the intersection of Mitchell Road at Lone Oak Road, in Eden Prairie, Hennepin County, Minnesota. City Project No. IC# 06-5675 C.S. 2701 Permit No. US-06-14801 Prepared by .Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None None Otherwise Covered PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State) and the City of Eden Prairie, (City) . RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The Parties have determined that there is justification and it is in the public's best interest to install a new traffic control signal with street lights, interconnect and signing (Traffic Control Signal) at the intersection of Mitchell Road at Lone Oak Road, all at the cost and expense of the City. The City requests and the State agrees to the installation of an Emergency Vehicle Pre-emption System, EVP 9 Y P Y System) , as a part of the new Traffic Control Signal installation. 90419-R -1- The parties mutually desire the State to maintain the traffic signal cabinet and control equipment, maintain the EVP System, repair knockdowns of the Traffic Control Signal system and perform all other traffic control signal and street light maintenance not performed by the City, all on a reimbursable basis with the City. CONTRACT 1. The City will prepare the necessary plan, specifications and proposal, (Preliminary Engineering) . The City will also perform all necessary construction. inspection, . (Construction Engineering) . 2 . The Cost of Construction (Construction Cost) consists of the contract cost of the work or, if the work is not contracted, the actual cost of all labor, materials, and equipment rental required to complete the work. Construction Cost does not include the cost of providing the power supply to the service pole or pad. 3 . The City, with its own resources or by contract, will install the new Traffic Control Signal and EVP System at the intersection of Mitchell Road at Lone Oak Road pursuant to the plans and specifications for Permit No. US-06-14801 and City Project No. IC# 06-5675, all at the cost and expense of the City. 90419-R -2- 4 . The construction work will be under the direction and supervision of the City. The State will have the right to periodically inspect the construction work. S . The City will be responsible for the cost and application to secure an adequate power supply to the service pole or pad. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the new Traffic Control Signal and EVP System. 6. Upon completion of this project, the City will, at its cost and expense: (1) maintain the luminaires. and all its components, including replacement of the luminaire if necessary; (2) relamp the new traffic control signal and street lights; (3) clean and paint the new traffic control signal and luminaire mast arms extensions; and (4) clean the controller and service cabinet. The State will, on a reimbursable basis with the City, maintain the interconnect and perform all other traffic control signal and street light maintenance. 7 . The EVP System will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) All maintenance of the EVP System must be done by State forces on a reimbursable basis with the City. b) Emitter units may be installed only on - - - authorized emergencyvehicles, -as- defined in -- 90419-R -3- Minnesota Statutes Section 169. 01, Subdivision 5 . Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's Metropolitan District Engineer or his/her designated representative a list of all vehicles with emitter units, upon request. c) Malfunction of the EVP System must be reported to the State immediately. d) In the. event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the City. e) All timing of the EVP System will be determined by the State through its Commissioner of Transportation. . 90419-R -4- 8 . All timing of the new Traffic Control Signal will be determined by the State, and no changes may be made except with the approval of the State. 9. The State will provide he necessary p de t y labor, material and e i ment to maintain and keep in air the � P P repair traffic control signal cabinet and control equipment, the EVP System, repair knockdowns of the Traffic Control Signal system and perform all other traffic control signal and street light maintenance not performed by the City, and will be responsible for the timing and operation of the Traffic Control Signal and EVP System at the intersection of Mitchell Road at Lone Oak Road. 10. Upon completion of any work performed under this agreement, the State wi ll ill submit to the City a detailed invoice in duplicate listing all labor, equipment and materials used. II The City will reimburse the State for services provided hereunder as follows: a) Direct labor charges will be reimbursed at the actual hourly rates paid to .State forces performing the work. b) Fringe benefits will be reimbursed as a percentage of direct labor charges, such percentage to be determined by the State Accounting and Finance Section at the 90419-R -5- beginning of each State fiscal year from the current cost accounting data. c) Overhead costs will be reimbursed as a percentage of the total of direct labor charges, fringe benefits and the cost of any. materials, equipment and personal expense provided, such percentage to be determined by the State Finance and Accounting Section at the beginning of each State fiscal year from the current cost accounting data. d) Any material used will be reimbursed at their actual cost to the State. 11. Upon receipt of said invoice, the City will _ promptly pay the State the full amount due. If the City fails to pay any amount due to the State under this agreement, the Commissioner of Transportation may withhold payment of State Aid money to the City to the extent provided by Minnesota Statutes, Section 161.38, Subdivision 6 . 12 . Either party may terminate .this agreement upon providing 30 days notice to the other party. The City' s termination must be accomplished by a resolution of the City Council. The State 's termination must be accomplished by a letter from Mn/DOT' s Metropolitan District Engineer. Upon termination it will be the City's responsibility, at its costs - and expense, to maintain and keep in repair the Traffic Control - -- -- 90419-R -6- Signal and EVP System. Upon termination, the timing of the Traffic. Control Signal and EVP System will be determined by the City's `Engineer. 13 . Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3 . 736 and the City' s liability is governed by Minnesota Statutes Chapter 466. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 14 . Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved.by the same parties who executed and approved the . original Agreement, or their successors in office. 15. If an art fails i to enforce an provisions of Y party Y P this Agreement, that failure does not waive the provision or its right to enforce it. 16 . This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 17. Minnesota law governs this contract . Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with - - competent -jurisdiction in Ramsey County, Minnesota. - - - - - - - 90419-R -7- 18. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C. 05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. The State may immediately terminate this Agreement at any time if it does not obtain funding from the Minnesota legislature, or other funding source, or if funding cannot be continued at a level sufficient to complete the work under this Agreement. 19. Authorized Agents a. The State' s Authorized Agent for the purpose of the administration of this Agreement is Allan Espinoza, Metropolitan Traffic Design Services, or his successor. His current address and phone number are 1500 West County Rd. B2, Roseville, Mn. 55113, . (651) 634-2127. b. The City's Authorized Agent for the purpose of the administration of this Agreement is Alan Gray, City Engineer, or his successor. His current address and phone number are City Center, 8080 Mitchell Road, Eden Prairie, Mn. 5534-4485, (952) 949-8320 . 90419-R -8- CITY OF EDEN PRAIRIE By: Mayor Date: By: Title: Date: 90419-R -9- DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: By: Metropolitan District State Design Engineer Engineer Date• COMMISSIONER OF ADMINISTRATION As to form and execution: As delegated to Materials Management Division By: Contract Management By: Date: Date: 90419-R -10- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:. VILK. Office of City Manager Approve IT Services Sourcing Assessment Lisa Wu, IT Manager Project with Virchow Krause&Co. LLP Requested Action Move to: Approve agreement with Virchow Krause&Co. LLP to perform an IT Services Sourcing Assessment for LOGIS services. Background The City of Eden Prairie is currently using LOGIS services in the areas of Finance, HR, Assessing, Inspections, Utility Billing and Park Recreation.As our city's needs grow, it is the best practice to evaluate our current services to see if they are still meeting our increasing demands for e-Government. The assessment will help determine our operational effectiveness. The assessment will identify IT service sourcing alternatives available to the City. The cost of this project is $22,000 if the City provides the cost, strategic planning and unique requirements. If the vendor provides all the information,the total cost of the project will not exceed to $32,000. Virchow Krause offered the best pricing and quality of work among the other two proposals and committed the resources for this project. Attachments Virchow, Krause& Co. LLP Proposed Statement of Work Virchow, Krause& Company Standard Business Terms Background Per the request of Lisa Wu, Eden Prairie's CIO, Virchow Krause has prepared this Statement of Work (SOW)for performing an IT Services Sourcing Assessment. The content of this proposed SOW is based on our understanding of the City's needs as understood through several preliminary meetings and the available budget for the initiative. This SOW is grounded in several important assumptions. Impacts to project scope and thus to the cost of the effort will result if one or more of these assumptions prove not to be true. Proposed Project Objectives & Scope Several factors have conspired recently to cause Eden Prairie to explore the feasibility of"insourcing" some business functions that are currently"outsourced"to LOGIS. These factors include: 1. Addition of - 5 City IT FTEs 2. City desire to approach IT from an enterprise perspective 3. Recent acquisition of new systems 4. City desire to accelerate functionality roll-out 5. Dis-satisfaction with LOGIS functionality in some instances 6. Questions regarding the value proposition that LOGIS provides Thus,the objectives of this initiative will be to: 1. Identify IT services sourcing alternatives available to the City 2. Evaluate alternatives 3. Recommend next steps " Note that a detailed functional system requirements and/or software vendor comparison is not in scope This initiative will include the following areas or departments: 1. Human Resource/Payroll 2. Finance 3. Utility Billing 4. Inspection 5. Assessing 6. Parks & Recreation 7. GIS 8. Information Technology Proposed Approach 2. Y • City DatafEvaluate Reconivnend Neyt Steps k 7 Best 7900 Xerxes Avenue South,Suite 2400 - Minneapolis,MN 55431-1115 - Tel:952.835.1344 - FAX:952.835.5845 - www.virchowkrause.com Virchow, Krause & Company, LLP Certified Public Accountants&Consultants - An Independent Member of Baker Tilly International The proposed approach relies significantly on accurate and comprehensive input from City resources, in order to keep costs down. This approach will require a considerable amount of time from city staff and relies heavily on their ability to provide strategy information, cost data, and information relative to critical and unique requirements today and in the future. The gathering of cost and functional data will not be facilitated by VK. This approach will require a significant investment of time from City resources prior to project kickoff, but should result in them having a sense of ownership and understanding of the results that the initiative delivers. Operating under two key premises a) that systems should enable business capabilities and b) that business capabilities should be aligned with strategy,the initiative will be complete after five phases: 1. Plan & Construct Templates 2. City Data Gathering 3. Understand Capabilities &Costs 4. Evaluate Alternatives 5. Recommend Next Steps Proposed Activities & Deliverables Phase 1: Plan and Construct Templates: kL 1 L Template Activities Deliverables • Plan project Data Request Templates • Conduct kick-off meeting • Develop data request Phase 2: City Data Gathering: Plan . . \\ Project ».. &Construct City Activities City Deliverables • City Data Gathering • Completed Data Request Templates 7900 Xerxes Avenue South,Suite 2400 - Minneapolis,MN 55431-1115 - Tel:952.835.1344 - FAX:952.835.5845 - www.virchowkrause.com Virchow, Krause & Company, LLP Certified Public Accountants&Consultants - An Independent Member of Baker Tilly International Phase 3: Understand Capabilities & Costs " Activities Deliverables • Documentation Review &follow up on data request Critical & Unique Requirements • Schedule Department meetings (1 hr. per department) • Conduct Department meetings • Review Department Data • Document results from meetings Phase 4: Evaluate Alternatives 1. proj City ject Otid6r9tan Evaluate Y iX Construct -- lll� Alternatives ". r ; ! —A(F 7 Ald Activities Deliverables • Formalize evaluation criteria • Alternatives 5 Year TCO • Confirm alternative solutions • Alternatives Assessment • Determine 5-year TCO for each alternative • Run alternative through assessment template • Score/rank options • Review results with project team • QA Review • Status Report/Team Update/Meeting Phase 5: Recommend Next Steps :riderstand t " Capabilities _ } - i f Y Activities Deliverables • Formalize evaluation option analysis • Final Presentation including • Create final presentation Recommendation of Next Steps • Final presentation to client 7900 Xerxes Avenue South,Suite 2400 - Minneapolis,MN 55431-1115 - Tel:952.835.1344 - FAX:952.835.5845 - www.virchowkrause.com Virchow, Krause & Company, LLP Certified Public Accountants&Consultants - An Independent Member of Baker Tilly International Background Per the request of Lisa Wu, Eden Prairie's CIO, Virchow Krause has prepared this Statement of Work (SOW)for performing an IT Services Sourcing Assessment. The content of this proposed SOW is based on our understanding of the City's needs as understood through several preliminary meetings and the available budget for the initiative. This SOW is grounded in several important assumptions. Impacts to project scope and thus to the cost of the effort will result if one or more of these assumptions prove not to be true. Proposed Project Objectives & Scope Several factors have conspired recently to cause Eden Prairie to explore the feasibility of"insourcing" some business functions that are currently"outsourced"to LOGIS. These factors include: 1. Addition of - 5 City IT FTEs 2. City desire to approach IT from an enterprise perspective 3. Recent acquisition of new systems 4. City desire to accelerate functionality roll-out 5. Dis-satisfaction with LOGIS functionality in some instances 6. Questions regarding the value proposition that LOGIS provides Thus,the objectives of this initiative will be to: 1. Identify IT services sourcing alternatives available to the City 2. Evaluate alternatives 3. Recommend next steps Note that a detailed functional system requirements and/or software vendor comparison is not in scope This initiative will include the following areas or departments: 1. Human Resource/Payroll 2. Finance 3. Utility Billing 4. Inspection 5. Assessing 6. Parks & Recreation 7. GIS 8. Information Technology Proposed Approach t p f f t 7900 Xerxes Avenue South,Suite 2400 - Minneapolis,MN 55431-1115 - Tel:952.835.1344 - FAX:952.835.5845 - www.virchowkrause.com Virchow, Krause & Company, LLP Certified Public Accountants&Consultants - An Independent Member of Baker Tilly International The proposed approach relies significantly on accurate and comprehensive input from City resources, in order to keep costs down. This approach will require a considerable amount of time from city staff and relies heavily on their ability to provide strategy information, cost data, and information relative to critical and unique requirements today and in the future. The gathering of cost and functional data will not be facilitated by VK. This approach will require a significant investment of time from City resources prior to project kickoff, but should result in them having a sense of ownership and understanding of the results that the initiative delivers. Operating under two key premises a) that systems should enable business capabilities and b) that business capabilities should be aligned with strategy,the initiative will be complete after five phases: 1. Plan &Construct Templates 2. City Data Gathering 3. Understand Capabilities & Costs 4. Evaluate Alternatives 5. Recommend Next Steps Proposed Activities & Deliverables Phase 1: Plan and Construct Templates: . . Activities 1v r De I e ab es • Plan project Data Request Templates • Conduct kick-off meeting • Develop data request Phase 2: City Data Gathering: City Activities I City Deliverables • City Data Gathering • Completed Data Request Templates 7900 Xerxes Avenue South,Suite 2400 - Minneapolis,MN 55431-1115 - Tel:952.835.1344 - FAX:952.835.5845 - www.virchowkrause.com Virchow, Krause & Company, LLP Certified Public Accountants&Consultants - An Independent Member of Baker Tilly International Phase 3: Understand Capabilities & Costs Activities Deliverables • Documentation Review &follow up on data request Critical & Unique Requirements • Schedule Department meetings (1 hr. per department) • Conduct Department meetings • Review Department Data • Document results from meetings Phase 4: Evaluate Alternatives 1 E ' r Activities Deliverables • Formalize evaluation criteria • Alternatives 5 Year TCO • Confirm alternative solutions • Alternatives Assessment • Determine 5-year TCO for each alternative • Run alternative through assessment template • Score/rank options • Review results with project team • OA Review • Status Report/Team Update/Meeting Phase 5: Recommend Next Steps g t e}qt Activities Deliverables • Formalize evaluation option analysis • Final Presentation including • Create final presentation Recommendation of Next Steps • Final presentation to client 7900 Xerxes Avenue South,Suite 2400 - Minneapolis,MN 55431-1115 - Tel:952.835.1344 - FAX:952.835.5845 - www,virchowkrause.com Virchow, Krause & Company, LLP Certified Public Accountants&Consultants - An Independent Member of Baker Tilly International • QA Review Assumptions This effort will make several important assumptions in an effort to keep cost down and in recognition that p 9 p p this is the first step in what may lead to other City initiatives. Should one or more of these assumptions change or prove impracticable, changes to scope and cost will result. 1. VK will not facilitate any data gathering activities. 2. The City can provide all current and future cost data within 2 weeks of template delivery. 3. The City can provide all strategic planning information within 2 weeks of template delivery. 4. The City can provide all critical and unique functional requirements within 2 weeks of template delivery. 5. No additional departments will be analyzed. 6. A maximum of three alternatives will be evaluated—Maintaining LOGIS relationship vs. looking to the vendor community. 7. This study will not evaluate alternatives to outsource to organizations other than LOGIS. 8. City resources will be available as needed to complete initiative in 6 weeks. 9. The cost analysis is limited to IT assets and staff; operational department efficiencies will not be quantified. 10. The study will include a quantitative determination of the cost of each alternative, but benefits will be assessed only qualitatively. 11. Detailed functional gap analysis between alternatives is not in scope. 12. The City will assign a project manager for this effort to serve as a main point of contact. 13. This project can be completed within 6 weeks. Fees - Virchow Krause Fees for the activities and deliverables described herein total$22,000 - If the City is unable, or chooses not, to deliver the cost, strategic planning, and critical and unique requirements information as described in assumptions #2, #3, and #4 above, additional fees will be required to complete the project. These fees will be agreed to through change order(s) for activities designed to gather the cost, strategic planning, and critical and unique requirements. These change orders, if needed,will not drive total project cost over$32,000. - Any expenses will be invoiced at cost. 7900 Xerxes Avenue South,Suite 2400 - Minneapolis,MN 55431-1115 - Tel:952.835.1344 - FAX:952.835.5845 - www.virchowkrause.com Virchow, .Krause & Company, LLP Certified Public Accountants&Consultants - An Independent Member of Baker Tilly International Proposed Timeline Week 1 Weeks 2&3 Week 4 Week 5 Week 6 a a We at Virchow Krause appreciate the opportunity to assist the City of Eden Prairie. If you are in agreement with this statement of work and the attached standard business terms, please sign the acceptance below and return one copy. Sincerely, VIRCHOW, KRAUSE AND COMPANY, LLP Acceptance Date NAME TITLE 7900 Xerxes Avenue South,Suite 2400 - Minneapolis,MN 55431-1115 - Tel:952.835.1344 - FAX:952.835,5845 - www.virchowkrause.com Virchow, Krause & Company, LLP Certified Public Accountants&Consultants - An Independent Member of Baker Tilly International Virchow, Krause &Company Standard Business Terms These Standard Business Terms ("Terms")shall govern the Services work giving rise to liability, or include any special, consequential, incidental or provided by Virchow Krause & Company, LLP ("Virchow Krause") as exemplary damages or loss(nor any lost profits,savings or business opportunity). set forth in the Statement of Work executed by Client and Virchow (b)As Virchow Krause is performing the Services solely for the benefit of Client, Krause to which these Terms are attached. These Terms, together Client will indemnify Virchow Krause,its affiliates and their employees,officers and with the Statement of Work, constitute the entire understanding and agents against all costs,fees,expenses,damages and liabilities(including defense agreement between Client and Virchow Krause with respect to the costs)associated with any third party claim,relating to or arising as a result of the Services described in the Statement of Work ("Agreement"). If there Services,Client's use of the Deliverables,or this Agreement. In the event we are is a conflict between these Terms and the terms of any Statement of requested by the Client;or required by government regulation,subpoena,or other Work,these Terms shall govern. legal process to produce our engagement working papers or our personnel as witnesses with respect to our services rendered for the Client,so long as we are not Section 1. Confidentiality a party to the proceeding in which the information is sought, the Client will With respect to this Agreement and any information supplied in connection with this reimburse us for our professional time and expenses, as well as the fees and Agreement and designated by the disclosing party as confidential, the recipient expenses of our counsel,incurred in responding to such a request. agrees to: (i) protect the confidential information in a reasonable and appropriate (c)Virchow Krause will indemnify Client against any damage or expense relating to manner or in accordance with applicable professional standards;(ii)use confidential bodily injury or death of any person or damage to real and/or tangible personal information only to perform its obligations under this Agreement;and(iii)reproduce property incurred while Virchow Krause is performing the Services and to the extent confidential information only as required to perform its obligations under this caused by the negligent or willful acts or omissions of Virchow Krause's personnel Agreement. This section shall not apply to information which is(i)publicly known, or agents in performing the Services. (ii)already known to the recipient;(iii)disclosed to a third party without restriction; d The provisions of this Section 5 are intended to apply in all circumstances, O P PP Y (iv) independently developed; or (v) disclosed pursuant to legal requirement or regardless of the grounds or nature of any claim asserted (including contract, order. Subject to the foregoing,Virchow) Krauseause may disclose Client's confidential statute,any form of negligence,whether of Client,Virchow Krause,or others,tort, information to its subcontractors and affiliates. strict liability or otherwise)and whether or not the party seeking indemnification was Section 2. Deliverables advised of the possibility of the damage or loss asserted,to the extent not contrary to applicable law. Client may,solely for its internal business purposes,use,copy,distribute internally, (e)Any action against Virchow Krause must be brought within eighteen(18)months and modify the deliverable items specifically described in the Statement of Work after the cause of action arises. (the"Deliverables"). Client shall not,without Virchow Krause's prior written consent, disclose to a third party, publicly quote or make reference to the Deliverables. Section 6. Personnel Virchow Krause shall retain all right,title and interest in and to: (i)the Deliverables, (a)During the term of this Agreement,and for a period of six(6)months following including but not limited to all patent, copyright, trademark and other intellectual the expiration or termination thereof, neither party will actively solicit the property rights therein; and (ii) all methodologies, processes, techniques, ideas, employment of the personnel of the other party involved directly with providing concepts,trade secrets and know-how embodied in the Deliverables or that Virchow Services hereunder. Both parties acknowledge that the fee for hiring personnel Krause may develop or supply in connection with this Agreement (the "Virchow from the other party, during the project term and within six months following Krause Knowledge"). Subject to the confidentiality restrictions contained in Section completion,will be two times the individual's starting annual salary. 3,Virchow Krause may use the Deliverables and the Virchow,Krause Knowledge for any purpose. Section 7. Termination Section 3. Acceptance (a)This Agreement may be terminated at any time by either party upon fifteen(15) days written notice to the other. Client shall accept Deliverables which (i) conform to the requirements of the (b)Client shall pay Virchow Krause for all Services rendered and expenses incurred Statement of Work or(it)where applicable,successfully complete the acceptance for II P P as of the date of termination,and shall reimburse Virchow,Krause o a reasonable test plan described in the Statement of Work. Client will ive Virchow, promptly 9 costs associated with any termination. Krause notification of any non-conformance of the Deliverables with such requirements ("Non-conformance"), and Virchow Krause shall have a reasonable (c) Except for matters related to confidentiality or intellectual property rights, the period of time, based on the severity and complexity of the Non-conformance,to parties shall first attempt to resolve any dispute or alleged breach internally by correct the Non-conformance. If Client uses the Deliverable before acceptance, escalating it through management and,prior to pursuing litigation, use a mutually fails to promptly notify Virchow Krause of any Non-conformance, or unreasonably acceptable alternative dispute resolution process. delays the beginning of acceptance testing,then the Deliverable shall be considered accepted by the Client. Section 8. General Section 4. Warranty (a)Any notices given pursuant to this Agreement shall be in writing,delivered to the address set forth in the Statement of Work, and shall be considered given when (a)Virchow Krause warrants that the Services shall be performed with reasonable received. care in a diligent and competent manner. Virchow Krause's sole obligation shall be (b) No term of this Agreement shall be deemed waived, and no breach of this to correct any non-conformance with this warranty, provided that Client gives Agreement excused,unless the waiver or consent is in writing signed by the party Virchow Krause written notice within thirty (30) days after the Services are granting such waiver or consent. performed or successful completion of the acceptance test plan,if applicable. (c) If any term or provision of this Agreement is determined to be illegal or (b) Virchow Krause does not warrant and is not responsible for any third party unenforceable,such term or provision shall be deemed stricken,and all other terms products or services. Client's sole and exclusive rights and remedies with respect and provisions shall remain in full force and effect. to any third party products or services are against the third party vendor and not (d)This Agreement does not make either party an agent or legal representative of against Virchow Krause. the other party,and does not create a partnership or joint venture. Both parties are independent contractors and principals for their own accounts. (C)THIS SECTION 4IS VIRCHOW KRAUSE'S ONLY WARRANTY (e)Sections 1 through 8 of these Terms shall survive the expiration or termination of CONCERNING THE SERVICES AND ANY DELIVERABLE,AND IS MADE this Agreement. EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED (f)The laws of the State of Wisconsin shall govern this Agreement. WARRANTIES OF MERCHANTABILITY,NON-INFRINGEMENT,OR FITNESS (g) Client acknowledges that: (i) Virchow Krause and Client may correspond or FOR A PARTICULAR PURPOSE,OR OTHERWISE. convey documentation via Internet e-mail unless Client expressly requests otherwise,(ii)neither party has control over the performance,reliability,availability, or security of Internet e-mail,and(iii)Virchow Krause shall not be liable for any loss, Section 5. Risk Allocation damage, expense, harm or inconvenience resulting from the loss, delay, (a) Virchow Krause's total liability relating to this Agreement shall in no event interception, corruption, or alteration of any Internet e-mail due to any reason exceed the fees Virchow Krause receives hereunder for the portion/phase of the beyond Virchow Krause's reasonable Control. 7900 Xerxes Avenue South,Suite 2400 - Minneapolis,MN 55431-1115 - Tel:952.835.1344 - FAX:952.835.5845 - www.virchowkrause.com Virchow, Krause & Company, LLP Certified Public Accountants&Consultants - An Independent Member of Baker Tilly International CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 19,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:. VILL. Office of City Manager Approve Agreement for the City of Eden Lisa Wu, IT Manager Prairie to extend website services support to the City of Eagan Requested Action Move to: Approve Consulting Service Contract to support the City of Eagan's Content Management System. Background The City of Eden Prairie and the City of Eagan are interested in establishing a government to government partnership for professional services. The City of Eagan has difficulty managing their current web-related content. The City of Eden Prairie has staff that specializes in website development. Both the City of Eden Prairie and the City of Eagan use the same content management system (Quantum Art)to manage and present their web-related content. The City of Eden Prairie is therefore in the position to offer services that will benefit the City of Eagan in the following areas: • Website Development and Programming 0 Software and Hardware Maintenance • Website Health and Wellness • Vendor/Project Coordination(LOGIS, Eagan, and Quantum Art) The City of Eagan will compensate the City of Eden Prairie for support services at an hourly rate of$83.33 per hour for a total of 20 hours per month. In no case shall services exceed 240 hours or$19,999 per year. Attachments Eagan Contract AGREEMENT FOR THE CITY OF EDEN PRAIRIE TO EXTEND WEBSITE SERVICES SUPPORT TO THE CITY OF EAGAN THIS AGREEMENT, entered into by and between the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation ("Eden Prairie"), and the CITY OF EAGAN a Minnesota municipal corporation ("Eagan"), is effective upon the execution of this Agreement by the named officers of both cities. RECITALS WHEREAS, Eagan has implemented Q-Publishing Content Management Software for management of web related content and requires technical support to operate and maintain the system; and WHEREAS, Eagan requires assistance interfacing with Quantum Art and LOGIS, entities obligated to provide support of Eagan's website and Intranet and to resolve any issues pertaining to the support of Eagan's Q-Publishing Content Management Software;and WHEREAS,Eden Prairie has implemented Q-Publishing Content Management Software for its own web related content, and has a more fully staffed Information Technology De partment consisting of technical employees who have the time and skills necessary to provide the services required by Eagan, and; WHEREAS, Eagan desires to purchase website technical services from the City of Eden Prairie. NOW THEREFORE, it 1s mutually stipulated and agreed to as follows: 1. SERVICES. A. Eden Prairie shall provide qualified Management Information Systems Employees of Eden Prairie ("Employees") to perform website (Intranet and Internet) related 81872 1 development and programming for Eagan. These services include the following: • Professional Programming&Development Service; • Software and Hardware upgrade as required; • Monitoring,troubleshooting and evaluation of website operation; and • Coordination with LOGIS,Eagan IT, and Quantum Art, as may be necessary. Eden Prairie will generally provide services within the normal working hours of 8:00 a.m. until 4:30 p.m., Monday through Friday. However, considerations will be made for emergency situations and system upgrades which may require off hours support. B. Eden Prairie shall be solely responsible for compensating the assigned Employee(s), including any overtime wages incurred, as well as any insurance or employee benefits provided under the policies or agreements of Eden Prairie. In addition, Eden Prairie shall be solely responsible for worker's compensation, reemployment insurance benefits, and other employee related laws, including OSHA, ERISA, RLSA, and FMLA. Eden Prairie shall retain the authority to supervise the Employees, including the right to hire, schedule, fire and discipline them. C. Eagan will provide the necessary VPN access, office, equipment, and supplies for the assigned Employee(s) to provide the services required hereunder and will bear all costs attendant thereto. Eagan is responsible for any additional licensing, software, and hardware necessary to operate and access network servers and other related equipment owned by Eagan. D. The Eagan Communications Director shall communicate the work to be performed by the assigned Employee(s,)and required deadlines for performance. In the event of a disagreement about work direction, Eagan Communication Director will work with Eden Prairie 81872 2 IT Manager/CIO to resolve the issue. 2. PAYMENT. Eagan will compensate Eden Prairie for support services at an hourly rate of$83.33 per hour for a total of 20 hours per month. The payment of$1,666.60 is due by 15th of each month. Unless specifically agreed to in writing by both parties, in no case shall services exceed 240 hours or$19,999 per year. If the monthly services do not require the full 20 hours per month, the remaining unused hours will be banked for use at Eagan's request. If Eagan requests more than 20 hours in a given month; those hours will be billed at the normal hourly rate. Any previously unused or banked hours will be applied as a credit towards any hours above and beyond the allocated 20 hours per month. The total monthly request shall not exceed 40 hours. Eden Prairie shall provide an invoice detailing the hours and projects on a monthly basis for which Eagan is responsible to pay. 3. INDEMNIFICATION. Neither city is liable for the acts or omissions of the other city relating to its performance under this Agreement. 4. DATA PRACTICES ACT. The parties shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et. seq., to the extent that the Act is applicable to data and documents in the hands of both parties. 5. AUDITS. The books, records, documents, and accounting procedures and practices of the parties relevant to this Agreement are subject to examination by either party and the Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 6. CONFLICTS. No salaried officer or employee of the either party and no member of the City Council of either parry shall have a financial interest, direct or indirect, in this Agreement. A violation of this provision renders the Agreement void. Any federal 81872 3 regulations and applicable state statutes shall not be violated. 7. LIMITATION OF REMEDIES. In the event of a breach of this Agreement by either party, neither party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 8. TERMINATION,SEPARABILITY. A. This Agreement may be terminated by either party upon ninety (90) days' written notice provided to the respective City Manager of Eden Prairie or City Clerk of Eagan. B. Upon the effective date of termination, no further amounts shall be due and payable by Eagan to Eden Prairie under Section 2 of this Agreement. Any paid but unused hours shall be reimbursed by Eden Prairie to Eagan. Any and all records or property of the respective cities will be returned to the appropriate city within 90 days. C. This Agreement is governed by the laws of the State of Minnesota. D. In the event that any provision of this Agreement is held invalid, the other provisions remain in full force and effect. E. This agreement may not be assigned by any party without prior consent of the other party. F. This Agreement may be amended by written mutual agreement of the Parties. IN WITNESS WHEREOF, the Cities of EDEN PRAIRIE and EAGAN have caused this Agreement to be duly executed effective on the day and year last entered below. 81872 4 Dated: CITY OF EDEN PRAIRIE By: Nancy Y T ra-Lukens Mayor of Eden Prairie By: Scott Neal City Manager of Eden Prairie Dated: CITY OF EAGAN By: Pat Geagan Mayor of Eagan By: Maria Peterson City Clerk of Eagan . PAHome\EP\GENERAL\Eagan Contract-2006-11-22.doc 81872 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.M. Scott H.Neal, City Manager Signs for Richard T.Anderson Conservation Area Requested Action Move to: Authorize expenditure of$7,450 from the City's Capital Improvement Program in 2007 for fabrication of signs to be placed in the Richard T.Anderson Conservation Area. Synopsis Mayor Tyra-Lukens has asked for this item to be placed on the City Council's December 19, 2006 consent agenda. If approved,the City will allocate $7,450 from its planed 2007 Capital Improvement Plan expenditures to pay for the fabrication of nature trail signage in the Richard T. Anderson Conservation Area, in association with an ongoing project being coordinated by the Elizabeth Frye Ellet Interpretive Trail Association (EFEITA). The EFEITA has been coordinating a fund-raising campaign to sponsor the signs.Among the private financial supporters of the signs are the Eden Prairie Foundation and the Eden Prairie Lion's Club. The signs' design, content and placement locations have been reviewed and approved by the City's Director of Parks&Recreation and the Parks, Recreation, &Natural Resources Commission. The signs will be placed on public property and serve a public purpose. The City's financial support of this project will be for the final fabrication costs of the signs. The City's funding will be provided on a reimbursement basis and will be secured with a written agreement developed by the City Attorney between the City and the EFEITA. The CIP funding for this allocation will not displace any existing or future planned expenditures for the parks system. The City will fund this allocation with a transfer of$7,450 into the CIP from the Liquor Fund. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 06-5679 ITEM NO.: VII.N. Leslie Stovring Adopt Resolution to Petition Riley- Public Works/Environmental Purgatory-Bluff Creek Watershed District for Mitchell Lake Water Quality Improvement Project Requested Action Move to: Adopt Resolution to Petition the Riley-Purgatory-Bluff Creek Watershed District to Commit to Funding the Mitchell Lake Water Quality Improvement Project. Synopsis The Riley-Purgatory-Bluff Creek Watershed District(RPBCWD) completed a Use Attainability Analysis(UAA) for Mitchell Lake in May 2005. Staff recommends petitioning the Watershed District to begin the process to start the proposed work in 2007. Mr.Jim Nehl, President of the Mitchell Lake Association,has requested that the City of Eden Prairie forward this project along with the recommendations from the Lake Management Association to the District. Staff recommends that project costs not funded by the Watershed District be budgeted from the stormwater utility fee as needed to assist in the proposed water quality improvements. Background The purpose of the Lake Use Attainability Analyses(UAA)was to provide an assessment of the water quality of Mitchell Lake, analyze the problems and provide alternative remedial measures that would result in the attainment of water quality sufficient to fully support the intended uses of the lakes. Watershed Conditions The primary land use within the direct watershed for Mitchell Lake is residential(455 acres). The remainder is park/open space(233 acres), open water(188 acres), industrial or office (67 acres), highway (31 acres) and commercial or institutional(6 acres). The watershed for the lake includes runoff from Round Lake(446 acres), land that drains directly to the lake without treatment(154 acres)and land that drains to the lake after stormwater ponding (707 acres). The entire watershed includes 980 acres. Mitchell Lake is 119 acres in size. The City petitioned the Watershed District for the Round Lake Water Quality project on May 21,2002,the work is anticipated to start in 2007 or 2008. Water Quality The UAA included water quality analysis from 1972 through 1999. The lake's water quality has remained relatively stable during this period. The lake has been able to fully support fishable use during 6 of the I I monitored years. The average water transparency(secchi disc depth)was approximately 0.8 meters over the monitoring period. The lake was rated mesotrophic(good)to eutrophic(poor) in the spring to hypereutrophic(very poor) in the summer and fall. Vegetation The UAA evaluated the macrophyte (aquatic plant) communities present in the lake between 1993 and 1999. The Department of Natural Resources DNR conducted a macro h e survey in 2002 P ( ) P Yt Y and the City also one in 2004 using Blue Water Science. Macrophytes are an important piece to a lake which is designated for fishable use. The plants provide habitat for the fish and wildlife, produce oxygen,provide spawning areas for fish,help stabilize bottom sediments and protect shorelines from wave erosion among others. However, exotic or nonnative plants deplete oxygen, increase water temperatures and increase internal loading of nutrients while reducing native p g g vegetation diversity and abundance. Two exotics, curlyleaf pondweed and Eurasian watermilfoil,were identified within the lake. No Eurasian watermilfoil was observed in 1993, 1996 or 1999. Eurasian watermilfoil was identified in 2002 and 2004, although it was sparse and did not present nuisance conditions. Northern milfoil(a similar looking native milfoil)was widely present. Curly leaf pondweed was identified during each monitoring period and was the dominant plant in early summer. By September, coontail was the most abundant species. Ecological Classification Mitchell Lake is a Class 42 lake,which is a shallow productive lake with fish populations that include fish species such as bluegills,white sucker and black bullhead. The UAA recommendations are based on meeting the water quality needs to support this type of fishery, which the lake currently met on approximately half of the dates tested. Crappies, bluegill, largemouth bass, sunfish and black bullhead were all identified in 1999. Bluegills were most abundant and growth was average. The lake currently provides good habitat for waterfowl such as duck and geese. Lake Association Status Mitchell Lake homeowners organized this fall to form a Lake Management Association (www.mitchelllake.ora). The Association hired Blue Water Science to evaluate the lake conditions and provide recommendations for management of the lake based on their expectations for water quality. They met on November 15t'to discuss their options and establish recommendations to include in the petition. The analysis provided by Blue Water confirmed that the lake does exceed the TMDL(impaired lake) criteria for phosphorus in a shallow urban lake. The recommendations are incorporated into the petition and a letter of support from the association is attached. Recommended Actions All indications are that improvement to the water quality in Mitchell Lake will take many years. Petitioning the Watershed District to assist in completing the following actions is the recommended first step. 1. Sediment Sampling—Sediment sampling should be conducted to determine the potential for support of curlyleaf pondweed in a nuisance condition. Current conditions indicate that the lake may not support the pondweed in dense, nuisance growth conditions. Parameters recommended include pH, organic matter, iron, bulk density of the sediments, nitrogen and phosphorus. A cost estimate for the sampling would need to be developed. 2. Herbicide treatment for curlyleaf pondweed and Eurasian watermilfoil. Curlyleaf pondweed covers approximately 102 acres in early summer, but its density was generally low in 2004. Although the Eurasian watermilfoil is currently sparse,the concern is that increasing water clarity could result in an increase in growth unless a management program is established first. Abundant plant growth was identified in the shallow areas,but included species such as water lilies, coontail and filamentous algae. The Watershed District would cover 100%of this cost. 3. Harvesting for curlyleaf pondweed and Eurasian watermilfoil control. The Department of Natural Resources has indicated that they may not approve an whole-lake herbicide treatment of the lake as proposed by the Watershed District. The alternative approach recommended is management of invasive species with mechanical harvesting. A cost estimate for this control method would need to be developed. 4. Alum Treatment of Mitchell Lake—Alum would be applied to remove excess phosphorus. from the lake water and sediments. The potential for water quality improvement with the use of alum is rated as"fair"due to the fish composition,the watershed loading and in-lake conditions. The alum may help with late summer algae bloom control, however the increased water clarity could lead to increased growth of native species such as water lily and coontail. The Watershed District would cover 100%of this cost. 5. Purple Loosestrife Management—Purple loosestrife has been identified within shallow areas of the lake. The City currently manages a control program in Mitchell marsh and can extend this program to the lake as needed. The City also recommends an education program for shoreland property owners to enable them to recognize and remove purple loosestrife as it occurs. 6. The projects petitioned for in 2002 as well as the work being conducted by Blue Water Science to improve the water quality of Round Lake should be completed. 7. The Watershed District should work with the City to develop an education program for shoreland owners to provide information on the importance of shoreland buffers in maintaining and improving the water quality within the lake. A cost estimate would need to be developed The measures outlined within the UAA are estimated to cost$960,000 (recommendations 2, 4 and 5). The additional recommendations would be evaluated during preparation of the Feasibility Report as needed. If the Watershed District approves the petition, an agreement with specific cost provisions will be developed for final approval by City Council at a later date. Staff recommends adoption of the attached resolution. Attachments: • Resolution • Petition • Mitchell Lake Association Letter of Support CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- RESOLUTION RELATING TO THE MITCHELL LAKE WATER QUALITY IMPROVEMENT PROJECT I.C. #06-5679 WHEREAS, Mitchell Lake is an important feature within the City of Eden Prairie;and WHEREAS, the City Council is committed to water quality improvement within Mitchell Lake; and WHEREAS, the City of Eden Prairie has determined that improvements to the lake water quality, stormwater treatment system and fishery habitat are required to fully realize the recreational potential of the lake. NOW, THEREFORE, BE IT RESOLVED, the City Council desires to complete those items recommended within the Mitchell Lake Use Attainability Analysis to improve the water quality of Mitchell Lake and hereby approves the attached petition to the Riley-Purgatory-Bluff Creek Watershed District to: • Complete the work petitioned for the Round Lake Water Quality Improvement Project, • Conduct sediment sampling to determine if the lake can support nuisance growth conditions of curly leaf pondweed, • Manage invasive species such as curlyleaf pondweed, Eurasian water milfoil and purple loosestrife through use of herbicides, harvesting or other treatment methods as available, • Assist in developing an education program to inform residents how to recognize and manage invasive species such as purple loosestrife as well as the importance of planting and maintaining shoreland buffers, and • Treat the lake with an alum product to remove phosphorus from the water column. BE IT FURTHER RESOLVED, the City Council does request that the Riley-Purgatory-Bluff Creek Watershed District participate in funding these activities with a cost share of 25 to 100% as defined in the attached petition. ADOPTED by the Eden Prairie City Council December 19, 2006. Nancy Tyra-Lukens,Mayor SEAL ATTEST: Kathleen Porta, City Clerk PETITION OF THE CITY OF EDEN PRAIRIE TO RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR THE MITCHELL LAKE BASIC WATER MANAGEMENT PROJECT I. AUTHORITY The City of Eden Prairie petitions the Riley Purgatory Bluff Creek Watershed District, pursuant to the provisions of the Minnesota Statutes Sections 103D.201, 103D.605, 103D.705, and 103D.905, to undertake a basic water management project to protect and improve the water quality in Mitchell Lake. II. PURPOSE The purpose of the project is to improve the water quality of Mitchell Lake which has deteriorated due to increased urbanization within the watershed. Methods used will include reducing internal and external sources of phosphorus in and to the lake that contribute to alga growth, resulting in decreased water quality, clarity and transparency. The Board of Water and Soil Resources approved and the Board of Managers adopted a watershed management plan that assessed the condition of the lake through determination of its physical, chemical, and biological qualities. The approved and adopted watershed management plan dated May 1996 is incorporated by reference. The Mitchell Lake Use Attainability Analysis dated May 2005 is also incorporated by reference. III. GENERAL DESCRIPTION OF WORK PROPOSED AND PURPOSES The project includes management of exotic plants such as Eurasian watermilfoil, curlyleaf pondweed and purple loosestrife and application of alum treatments to improve the water quality of Mitchell Lake. Proposed water quality improvements are expected to reduce the phosphorus recycled from lake sediments to the overlying lake water that would otherwise support alga growth or blooms during the summer. Other projects recommended for consideration include education of residents to assist in management of purple loosestrife and development of shoreland buffers and harvesting of invasive species as needed. Overall the project will improve the fish habitat within Mitchell Lake by reducing the phosphorous loads to the lake thereby limiting the number of days the actual water quality exceeds the standard for fishing. This is a Trophic State Index (TSI) of 62 or lower, which is the guidance published by the Minnesota Pollution Control Agency to assess full support for fishing. The project intends continued monitoring and re-evaluation of the effect of implementing the proposed improvements for the purpose of determining whether additional controls would be required to maintain the beneficial uses of Mitchell Lake. IV. DESCRIPTION OF THE LANDS OVER WHICH THE PROPOSED IMPROVEMENTS ARE LOCATED The project will be located within Mitchell Lake. Round Lake, which is tributary to Mitchell Lake, is also included in the petition as the water quality of Round Lake does impact Mitchell Lake. The improvements are described in detail in the Mitchell Lake UAA (dated May 2005) and Round Lake UAA(dated June 1999),which are incorporated by reference. V. GENERAL DESCRIPTION OF THE PART OF THE DISTRICT AFFECTED The affected lands include the riparian and tributary drainage areas to Mitchell Lake. Generally,the affected areas are south of Round Lake, west of Hennepin County Road 4 (Eden Prairie Road) and east of Dell Road. This project will focus on water flowing from Round Lake and Mitchell Marsh south through Mitchell Lake. The land uses within the Mitchell Lake watershed is residential (455 acres), park/open space (233 acres), open water(188 acres), industrial or office(67 acres), highway(31 acres) and commercial or institutional (6 acres). The watershed for the lake includes runoff from Round Lake (446 acres), land that drains directly to the lake without treatment (154 acres) and land that drains to the lake after stormwater ponding (707 acres). The entire watershed includes 980 acres. Mitchell Lake is 119 acres in size. VI. NEED AND NECESSITY FOR THE PROPOSED IMPROVEMENT Increased urbanization of the Mitchell Lake watershed necessitates treatment of water quality to protect and improve the scenic, recreational and wildlife benefits of the lake and the overall water quality of the District. VII. THE PROPOSED IMPROVEMENT WILL BE CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE AND WELFARE The City of Eden Prairie petitions for the project because it will be conducive to the public health, convenience and welfare of the District and the City. Completion of the project, and associated recreational improvements, will preserve and enhance the public use and enjoyment of Mitchell Lake and the adjacent parks, all of which are significant natural resources of the District and region. VIII. FINANCING OF THE PROPOSED IMPROVEMENT The project is identified in the Riley Purgatory Bluff Creek Watershed District Water Management Plan and is a priority project of common benefit to the entire District. Minnesota Statutes Section 103D.905, Subdivision 3 provides for the project financing of the basic water management features of the project. The District will fund 100% of the costs of the project with the exception of any education measures or easement and property acquisition. The City will share (75%) in the cost of the cost of any acquisitions and up to 100%of any educational expenses. IX. PROJECT ABANDONMENT The City of Eden Prairie hereby states and acknowledges that it will pay all costs and expenses that may be incurred by the activities described in this petition in the event the project is dismissed, no construction contract is let, or the City withdraws its project petition. CITY OF EDEN PRAIRIE Mayor of City of Eden Prairie CITY OF EDEN PRAIRIE City Manager December 7.2006 _i 1 To: The Riley-Purgatory-Bluff Creek Watershed District Board of Directors. f From: 1`he Mitchell Lake.Association(u-w ,.mitchelllake.org). Re: Petition to the Rilev-Purgatory-BluffgCreek Watershed District for financial assistance in addressing the restoration of Mitchell Lake water quality and weed control measures, 1 The Mitchell fake Association is a newly formed Association(September, 2006)'of concerned Mitchell Lakeshore owners who have observed the deterioration of the water quality in Mitchell Lake due- to decreasing clarity and increased weed growth. At presen� we have an elected ward and 77 nun-elected members, with the potential to grow to more than 00. Our intention is to partner with the various government bodies such as I the City of Laden Prairie. as well as educating our association members. to restore the practical and visual beauty-of Mitchell lake. as well as feeder lakes and sources that impact the water quality of Mitchell, We are:impressed with the plans that the City of Eden Prairie proposes and are most supportive,and urge the Riley-Purgatory-Bluff Creed Watershed District to adopt and approve the financial assistance necessary and requested by the City of Paden Prairie. We thank you for your support of this request and welcome your interest, involvement and support of our efforts to improve Mitchell fake. Sincerely. l }`FJh Mehl �sident On behalf of the Mitchell Lake Board of Directors: John Tyler. Bob Shurson, Brian Erickson, Dallas burns. David l ckstein, Gordon Warner.Jay Beaton, Liz l•undingsland, Tim Benson, Tom Rabiola, Tom Juhnkc CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 19,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5691 ITEM NO.: VII.O. Eugene A. Dietz Approve Professional Services Public Works Agreement with SRF Consulting for Technology Drive Streetscape Requested Action Move to: Approve Professional Services Agreement with SRF Consulting for Technology Drive Streetscape, in the amount of$29,482. Synopsis In 2005, City Council approved plans and specifications to convert Technology Drive from a two to a four-lane roadway, generally between Mitchell Road and Southwest Transit. Although some landscaping features were included in the project, staff committed to review streetscape elements in order that the project could be built more in line with a "walkable communities" standard in mind. The roadway aspects of the project were completed this summer and the proposal from SRF Consulting Group would prepare a streetscape plan for implementation next spring. Background Information We converted the concrete pavement in the median to brick-style pavers and deleted all but the seeding aspect of the landscape features from the Technology Drive Improvement Project. Approximately $75,000 was included in the final assessment to ADC that is available for the project. In addition, $150,000 is in the Capital Improvements budget for the streetscape project. $25,000 will be added from the MCA road projects fund. Therefore, the proposed budget for streetscape improvements to Technology Drive is $250,000 plus the cost of the pedestrian level lighting that has been planned to be funded through the NSP settlement Agreement Funds that we have available. Including the pedestrian lighting and professional services, the total budget will be $550,000. SRF Consulting Group did the design for the Purgatory Creek Recreation Area Park and our goal is to provide a consistent and strong connection between the park and City Center and use the project as a guide for future streetscape projects in the Major Center Area. Attachments Standard Agreement for Professional Services STANDARD AGREEMENT FOR PROFESSIONAL SERVICES TIES AGREEMENT is made on the 19'h day of December,2006,between the City of Eden Prairie, Minnesota(hereinafter"City"),whose business address is 8080 Mitchell Road,Eden Prairie,MN 55344, and SRF Consulting Group,Inc.,a Minnesota corporation(hereinafter"Consultant")whose business address is One Carlson Parkway North,Suite 150,Minneapolis,MN 55447. PRELEvMARY STATE DENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons,firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Streetscape Design for Technology Drive between Mitchell Road and Prairie Center Drive,hereinafter referred to as the "Work". The City and Consultant agree as follows:} 1. Scope of Work. The Consultant agrees to provide the professional services shown in the attached proposal letter dated November 16,2006,in connection with the Work 2. Time for Performance of Services. The Consultant shall perform the services described in the proposal letter within a mutually-agreed-upon time schedule. 3. Compensation for Services: City agrees to pay the Consultant on an hourly basis plus expenses in an amount not to exceed$29,482 for the services as described in the proposal letter. A. Any changes in the scope of the work which may result in additional compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. . B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work,items listed.in the proposal and to perform the following services: A. Access to the Area Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, 1 and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may require in the preparation of the report for the Project. D. Owner's Representative. A person shall be.appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis,itemized bills for professional services performed. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title,the number of hours worked,rate of,pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota'Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A,the Consultant shall provide such documentation as reasonably required by the City. Each invoice shall contain a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of contract. B. Suspended Work. If any work performed by the Consultant is'suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations,materials and supplies, and AutoCAD as required to expedite the work,and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Ken I Grieshaber to serve as the Project Manager. He shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Eugene A.Dietz is the designated project administrator for the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County,Minnesota for professional services of the like kind. 9. _ Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished 2 or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided 10. Term. The term of this Agreement shall be from December 19, 2006 through December 1, 2007,the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate,and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven(7)days'written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement,no further payment shall be made to the Consultant, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work,without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City,the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. ,The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than$100,the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorneys fees,incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an,employee of the City. No statement herein.shall be construed so as to find the Consultant an employee of the City. 14. Non Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will -receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964,and the Americans with Disabilities Act of 1990. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 3 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by Y the City. 17. Severabilfty. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof.. Any alterations,amendments,deletions,or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances,rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act,Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated-pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a ma terial breach of this Agreement and entitle the City to immediate) terminate this Agreement 1� tY Y gi' n 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect,in any respect,the validity of the remainder of this Agreement. 21. Indemnification.. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from_any liability, claims, damages,costs,judgments, or expenses,including reasonable attorneys fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain a g enerml liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence,for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A certificate of insurance on the City's approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker`s Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. 4 C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insureds capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit-, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shalI become the property of the City. The City may use the Information for its purposes and the Contractor also may use the Information for'its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement (."Project") does not relieve any liability on the part of the Contractor,but any reuse of the Information by the City or the Contractor beyond the scope of the Project is without liability to the other, and-the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation-as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise; the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting.from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. -27. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect,in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 28. 'Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.' 5 29. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 30. Whole Agreement. This Agreement constitutes the.final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Consultant. Any subsequent modifications must be in writing signed by both parties. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager SREJbCONSULTING GROUP,INC. sy: It4wk-W4 Nvt-& ?Vm�&r 6 MCONSULTING GROUP , INC . Transportation*Civil•Structural•Environmental•Planning•Traffic•Landscape Architecture Parking•Right of Way November 16,2006 Proposal No.P06600 IS&Eugene Dietz,PE Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 SUBJECT: PROFESSIONAL SERVICES PROPOSAL FOR STREETSCAPE DESIGN TECHNOLOGY DRIVE,EDEN PRAIRIE,MINNESOTA Dear Mr.Dietz: Based on your request, we are pleased to submit this proposal to provide professional services for design assistance with streetscape improvements to Technology Drive between Prairie Center Drive and Mitchell Road. SCOPE OF SERVICES We propose to carry out the work as described in the enclosed Scope of Services as described in Attachment B. Our proposed scope of services is based upon Assumptions found in Attachment A. SCHEDULE We will complete this work within a mutually agreed-upon time schedule. It is our understanding that the City wishes to construct the project in 2007. -Therefore, contractor bidding should occur in.Spring 2007. BASIS PAYMENT/BUDGET We propose that we be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as .printing, supplies, reproduction, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Based on our understanding of the project and our Scope of Services, we estimate the cost of our services to be $29,482, which includes both time and expenses. Additional services that may be requested will be billed on the same time and expense basis. Our fee is based upon a construction value of$250,000. An increase in the construction value would serve as the basis to request additional services and related fees. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. One Carlson Parkway North,Suite 150 Case Plaza,One North Second Street Minneapolis,Minnesota 55447-4443 s r f c o n s u I t i n g.c o m Fargo,North Dakota 58102-4807 Tel:763-475-0010 9 Fax:763-475-2429 Tel:701-237-0010•Fax:701-237-0017 An Egaa1 Oppmt—sty Employer Mr.Eugene Dietz,PE November 16,2006 City of Eden Prairie Page 2 CHANGES IN THE SCOPE OF SERVICES/ADDITIONAL SERVICES It is understood that if the scope or extent of work changes or additional services are requested, the cost will be adjusted accordingly. Before any out-of-scope or additional service work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. NOTICE TO PROCEED A signed copy of this proposal or a separate letter of authorization, either mailed or faxed to our office, will serve as our notice to proceed. Our fax number is 763.475.2429. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need' additional information. Sincerely, RF CON UL G GROUP,INC. B W er,FASLA,AICP :Senior esident Enclosures: Attachment A—Assumptions Attachment B-Scope of Services APPROVED: (signature) Name Title Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. ATTACHMENT A ASSUMPTIONS The consultant scope of services and fee are based upon the following assumptions. 1. The intended improvements will be scheduled for bid and construction in 2007. 2. Project construction budget is $250,000. The design and/or award of project value over and above this amount will be cause for additional consulting services. I The City of Eden Prairie will be responsible for the following items or tasks: ■ Provide existing condition base mapping or as built mapping in an electronic format. ■ Serve as the primary agent to communicate with project stakeholders including the adjacent property owners and businesses ■ Host stakeholder meetings ■ Obtain any necessary permitting ■ Host and receive project bids ■ Assist in coordination with Excel Energy regarding lighting and electrical requirements ■ Prepare the necessary legal documents to secure the construction agreement ■ Assist with in construction responsibilities ■ Procure necessary right-of-way or easements to accommodate construction Attachment B Scope of Services co I IMA I t CLIENT: CITY OF EDEN PRAIRIE Page 1 PROJECT; TECHNOLOGY DRIVE STREETSCAPE IMPROVEMENTS CONSULTANT: SRF CONSULTING GROUP,INC. **"'ESTIMATED PERSON-HOURS***** TASK NO.: _WORK TASK DESralcrrnnr SR. N IP L ASSOCIATE S I S .PROF PROF. TECHNICIAN f19RICA O S ESTIMATED TOTAL_ Egg 1.0 BASEMAPPING The City of Eden Prairie will provide electronic base mapping and/or 0 2 0 0 8 electronic as built mapping of existing conditions that SRF will manipulate 4 0 14 $886 Into base mapping for the proposed improvements. Task Product; Electronic base mapping 2.0 CORRIDOR ANALYSIS SRF will review,photograph and Invent 2 2 0 0 16 Inventory existing conditions to verify 0 0 20 $1,432 project Issues and opportunities that guide schematic design. Task Product: Inventory map that Identifies issues,Opportunities and constraints for streetscape Improvements 3.0 PRELIMINARY DESIGN An illustrative plan will be prepared,drawn to scale,that portrays4 20 0 0 40 Improvements Including landscaping,intersection monumentaon,or tentlal 0 4 68 $5 476 gateway elements and lighting. A preliminary estimate of construction costs Will be prepared. Task Product: Illustrative schematic,preliminary estimate of construction cost. 4.0 CONSTRUCTION DOCUMENTS Based upon direction from the City regarding the preferred preliminary 4 20 i 6 0 80 24 16 160 $11,312 design,SRF will prepare construction documents suitable for bidding. Plan sheets will likely include: -removals -landscape plantings and turf establishment lighting masonry walls,If Included A final estimate of construction costs will be provided. Task Product Construction documents and specifications in a reproducible fomlat,Mal estimate of construction cost. 6.0 BIDDING SRF will conduct the following services; 0 8 0 0 16 -place advertisement for bid 0 0 24 $1,832 reproduce construction documents distribute construction documents to potential bidders(assume no return fee) answer technical questions regarding documents SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS MINNEAPOLIS,MN. Attachment B Scope of Services rrvnn i.wna/Vvu rrNbUN-HUUH tSTIMATE CLIENT: '. CITY OF EDEN PRAIRIE Pape 2 CONSULTANT: SRF CONSULTING GROUP,INC. PROJECT: TECHNOLOGY DRIVE STREETSCAPE IMPROVEMENTS "ESTIMATED PERSON-HOURS••'•• TASK NO, WORK TASK DESCRIPTION SR. IN P L ASSOCIATE ASSOCIATE. OF PROF, TECHNICIAN CLERICAL TOTALSEffjqATQ E 8.0 ' CONSTRUCTION SERVICES SRF will conduct periodic review of construction progress and consistency 0 24 0 0 36 p with the construction documents. Site visits will be documented. A final 0 60 $4,860 . punch list will be completed. .r assume twelve(12)SRO visits during construction 7.0 STAKEHOLDER PARTICIPATION 10 10 SRF will attend the following meetings to solicit Input and approval 0 0 0 p 0 regarding the Intended Improvements. 20 $2,920 r one meeting with adjacent property owners to review existing conditions, the project Intent and the illustrative schematic design one meeting with adjacent property owners to review the final construction documents one meeting with the City Council to answer questions and secure their approval TOTAL ESTIMATED PERSON HOURS 20 86 18 0 196 28 20 AVERAGE HOURLY BILLING RATES 386 i $169 $123 $110 $85 $53 $54 ESTIMATED LABOR AND OVERHEAD $55 $3,380 $10,578 $1,760 $0 $10,388 $1,512 $1,100 $28,718 ESTIMATED DIRECT NON-SALARY EXPENSES: TOTAL ESTIMATED FEE $784 $29,482 ESTIMATE OF DIRECT NON-SALARY EXPENSES: MILEAGE: REPRODUCTION: 750 miles 0 $0.485 $364 COMMUNICATIONS: $400 $0 ESTIMATED DIRECT NON-SALARY EXPENSES $764 SRF CONSULTING GROUP,INC. ENGINEERS AND PLANNERS .. .. _. MNNNEAPDLIS,►AN. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.P. Rick Wahlen Approve Hardware Maintenance Public Works/Utility Division Agreement with Honeywell Requested Action Move to: Approve Maintenance Agreement for 2007 with Honeywell for maintenance of the instrumentation systems for the Water Utility for$49,860. Synopsis This Agreement will continue a long-term relationship with Honeywell for preventive maintenance and repair of the automation and control systems in the Water Utility. The term of the Agreement is effective January 1, 2007 through December 31, 2007, for an annual cost of $49,860. Background Information For many years,the City of Eden Prairie Water Utility contracted with Honeywell to perform periodic system maintenance, routine calibration, and emergency trouble shooting and repair of 388 items of control system equipment. Honeywell is intimately familiar with each piece of equipment and the manner in which it is employed in our system. Staff recommends renewal of the Agreement for one year. Attachments • Honeywell Instrumentation Hardware Maintenance Agreement# 8439 Honeywell October 16,2006 Eden Prairie Utilities Utilities Div 14100 Technology Dr Eden Prairie,MN 55344-2260 Reference Honeywell Hardware Maintenance Agreement Number:8439 Attn:Ed Sorensen Thank you for selecting Honeywell as your Industrial Control service provider. Please refer to your Hardware Maintenance Agreement Number:8439(and associated PO#14205 provided for billing purposes),which expires on 12/31/06. In order to support your business and continue uninterrupted service to you,Honeywell requests that Eden Prairie Utilities provide one of the following forms of agreement for renewal by November 15,2006: • This signed Notice of Change • A new purchase order(for billing purposes)for the revised annual price,referencing the Honeywell Service Agreement indicated above. • An approved extension to your existing purchase order,referencing the Honeywell Service Agreement indicated above. NOTICE OF CHANGE TO SERVICE AGREEMENT Reason For Revision: Renewal for the period of 1/1/2007 through 12/31/2007 with option for two-year renewal V Year Option 2"d Year Option Current Annual Price $49,860.00 Current Annual Price $49,860.00 Amount of Change $0.00 Amount of Change $1,496.00 Revised Annual Price $49,860.00 Revised Annual Price $51,356.00 Revised Billing Amount $49,860.00 Annually Revised Billing Amount $51,356.00 Annually Prompt return of this Notice of Change assures continuation of your Honeywell Service Agreement without interruption. You may fax a copy of this Notice of Change to Service Agreement to me at(602)313-6360. Please complete the billing address and tax certificate fields below if you have any changes to make. Standard terms of payment are Net 30 upon presentation of Honeywell's invoice,which is issued in advance of the renewal date. We are most appreciative of the opportunity to serve you. Please contact your Field Service Leader,Bill Shopp,at(414)766- 2524,or me at(602)313-6363,if you wish to discuss the renewal of your service agreement or require further information. Sincerely, Mark Binns Renewal Specialist Customer Signature: Date: New Purchase Order Number: Bill To Address: Tax certificate#&exempt description(if applicable): CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:.VILQ. Office of City Manager, Information Technology/ Declare obsolete computer equipment as surplus Lisa Wu Requested Action Move to: Declare obsolete computer equipment as surplus and authorize the City Manager to dispose of property to.manage end of life computers, monitors and electronics using Asset Recovery Corporation's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of end of life computer equipment. The computer equipment is of no use and will be recycled for the cost of$0.15 per pound. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of Surplus Equipment PC Inventory 11/29/06 Brand Type. Model # Size Cart 1 Sony Monitor GVM-1311 Q 15 inch Sony Monitor GVM-1311 Q 15 inch Sony Monitor GVM-1311 Q 15 inch Sony Monitor GVM-1311Q 15 inch Sony Monitor GVM-1311 Q 15 inch Sony Monitor GVM-1311 Q 15 inch Panasonic Monitor DT-1300ms 15 inch Dell Monitor E770s 17 inch Cart 2 NEC Monitor JC-1576VMA 15 inch NEC Monitor JC-1736VMA 17 inch ELO Monitor ET1825L-75NB-1 19 inch Dell Monitor E771A 17 inch Acer Monitor 7176ie 491 17 inch IBM Monitor 6546-OON 15 inch HP Keyboard KB-9970 Umax Scanner UC630 HP Computer VL6/233 Cart 3 Nobleview Monitor B1770NSL 17 inch Nobleview Monitor B1770NSL 17 inch Viewmate Monitor K904LD 19 inch Viewmate Monitor K9034LD 19 inch Viewmate Monitor K9034LD 19 inch KDS Monitor VS-450 15 inch Dell Monitor E770s 17inch Dell Monitor M991 17 inch HP Printer Q1605A Cart 4 NEC Monitor JC-1739VMN 17 inch NEC Monitor JC-1575VMA 17 inch NEC Monitor JC-1576VMA 17 inch NEC Monitor AS70 17 inch Dell Monitor E770s 17 inch Dell Monitor E770s 17 inch Dell Monitor E770s 17 inch Dell Monitor D1528-LS 13 inch Nobleview Monitor B1770NSL 17 inch Cart 5 Addtron Switch UTP8/L Police Switch 9522238804 HP Bridge 28674E HP Bridge 28674B HP Bridge 28674A HP Bridge 28674E HP Power Supply J2962-80011 HP Power Supply J2962-80011 HP Power Supply J2962-80011 HP Power Supply J2962-80011 HP Power Supply J2962-80011 RCA Television 13V400T APC UPS BK300 APC UPS BP700UC APC UPS BK200 APC UPS BK200 APC UPS BK200 Tripplite UPS GT1 BB Gateway Computer 2000 P!-75 Cisco Pro Bridge CPA 2514 Intel Express Hub EC100TX Intel Express Hub EC100TX CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.R. Scott H.Neal, City Manager Approve Amended Joint and Cooperative Agreement with Southwest Suburban Cable Commission Requested Action Move to: Approve the Amended Joint and Cooperative Agreement with Southwest Suburban Cable Commission. Synopsis The Southwest Suburban Cable Commission approved amendments to its Joint and Cooperative Agreement earlier this year. The amendments are minor in nature.They concern changes to the two year cycles of commission representative and making an annual financial audit of the commission discretionary instead of mandatory. An annual financial audit,however,can still be required by a request from any member city under the amended agreement. In order for the amended version of the agreement to become effective, it must be approved by the elective bodies of the member cities of the commission. The other member cities of the commission(Hopkins, Richfield,Minnetonka, and Edina)have approved the amended agreement. I recommend the City Council approve the amended agreement. Attachments Amended Joint and Cooperative Agreement with Southwest Suburban Cable Commission AMENDED JOINT AND COOPERATIVE AGREEMENT SOUTHWEST SUBURBAN CABLE COMMISSION ARTICLE I. PREAMBLE The parties to this Agreement are governmental units of the State of Minnesota. This Agreement supersedes any prior Agreement between the parties covering the establishment of a Cable Communications Commission and is made pursuant to Minnesota Statutes §238.08 and §471.59, as amended. ARTICLE II.GENERAL PURPOSE The general purpose of the Agreement is to establish an organization to analyze the operation and Systems of the Member Cities;to coordinate administration and enforcement of the respective Franchises of the Member Cities;to report and recommend to the Member Cities relative to the operation of their respective Systems and the activities of their respective Grantees; and to perform such other duties as are required of the organization hereby created pursuant to this Agreement. ARTICLE III. NAME The name of the organization hereby created is Southwest Suburban Cable Commission. ARTICLE IV. DEFINITION OF TERMS Section 1. Definitions. For the purpose of this Agreement,the terms defined in this Article shall have the meanings given them by this Article. Section 2. "Board"or"Board of Directors"means the governing body of the Commission. Section 3. "Commission"means the organization created pursuant to this Agreement. Section 4. "Council"means.the governing body of a Member City. 8009342 1 Section 5. "Directors"means the persons appointed pursuant to this Agreement to serve as Directors, and includes alternate Directors when serving as Directors. Section 6. "Franchise"means any Cable Television Franchise granted by a Member City to this Agreement. Section 7. "Grantee"means any person to whom a Member City has granted a Franchise. Section 8. "Managers' Committee"means the committee consisting of the Director of each Member City who is the city manager, or his or her alternate. Section 9. Member City means a municipality which has entered into this p �' Agreement and is in good standing. Section 10. "System"means any cable communications system operated within each Member City pursuant to a Member City's Franchise. ARTICLE V. MEMBER CITIES The Member Cities to this Agreement are Eden Prairie, Edina,Hopkins, Minnetonka and Richfield. Any other municipality served by a System through the same Grantee as the Member Cities to this Agreement may become a Member City upon approval by all of the then Member Cities. Eligible municipalities may become a Member City effective January 1 of any year thereafter, upon approval by a two-thirds (2/3)vote of the total Directors and upon payment of the initial contribution set out in Article XI, Section 2 hereof, and contributions for the year it becomes a Member City. ARTICLE VI. EFFECTIVE DATE Section 1. Execution of Agreement. A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by action of its Council authorizing execution of 8009342 2 a copy of this Agreement by its authorized officers. Whereupon,the clerk or other appropriate officer of that municipality shall file a duly executed copy of this Agreement with the Commission. Section 2. Effective Date. This Agreement is effective on the date executed by all of the Member Cities. ARTICLE VIL POWERS AND DUTIES OF THE COMMISSION AND PARTIES Section 1. General Authority. The Commission is established for the purposes of coordinating administration and enforcement of the individual Franchises of the Member Cities and providing uniformity in that administration and enforcement to insure that the System of the Grantee is constructed, operated,maintained and upgraded in a manner that will,to the extent possible, be to the maximum benefit of each Member City. To accomplish this purpose,the p P �tY p following divisions are made of authority and responsibilities among the Member Cities and the Commission. Section 2. Member City Powers and Duties. The Commission shall have only such powers and duties as are specifically granted in this Agreement or necessarily implied from those specifically granted. All powers and duties not so granted or necessarily implied are reserved to the Member Cities. Specifically,the Commission shall have no powers and duties in the following areas and the Member Cities retain sole authority in the following areas: A. General Powers. Each Member City retains authority to amend and renew its Franchise, initiate and defend lawsuits, and prosecute violations of its Franchise. B. Permits and Licenses. Each Member City retains authority to issue all required permits and licenses for the construction and operation of the System. 8009342 3 Section 3. Powers and Duties of the Commission. Subject to the provisions of Section 2,the following powers and duties are delegated by the Member Cities to the Commission. A. Policy Decisions and Recommendations. The Commission shall make policy decisions and recommendations to Member Cities on the following: 1) Enforcement of Laws. Enforcement of laws, regulations and ordinances, related to cable communications, against Grantee and others. 2) Insurance Policies and Letters of Credit. The content and adequacy of insurance policies and letters of credit. 3) Marketing Practices. Review and report to the Member Cities on any marketing practices or subscription contracts which may be contrary to any of the Franchises, or which are not uniform in each Member City. 4) Granting of Franchises. The grant of new franchises by Member Cities. B. Complaints Relating to Grantee Actions. Receive, collect, tabulate and attempt to resolve by negotiation with Grantee all customer complaints and report to the affected Member City all unresolved complaints. C. Institutional Network. Monitor development of the institutional networks in each Member City and work with Grantee to promote prompt completion of the institutional network in each Member City. D. Cable Programming, Content, Scope,Alterations in Programming Services. Deal with all matters relating to programming on its own initiation or upon request of a Member City. 800934v2 4 E. Access and Local Origination. Encourage and promote the use and development of access channels and programming and local origination programming, work with Grantee to coordinate such development and programming in each Member City, including the development of rules,training of persons and the use and maintenance of equipment. F. Performance Evaluation. Cause technical evaluations of the System whenever the Commission, in its sole discretion, concludes that such evaluations are required or desirable, including the periodic review and evaluation specified in the Member Cities' Franchises. G. Grantee Rules. Help to develop Grantee's rules regarding development and supervision of the System including, but not limited to,public access, local origination and line extensions. H. Technologyand State of Art Review. Review changes and developments g in the cable communications industry and facilitate the upgrading of the System. L Statutory and Re ug l�yChanges. Advise the Member Cities of any required or recommended Franchise amendments. J. Interconnection with Other Systems. Monitor the planning and development of the regional interconnection of the System with other cable television systems and supervise the implementation of interconnection to the extent not requiring Franchise amendment. K. Lobbying;of Commission Policy at Other Governmental Levels. Present its policies to other governmental bodies involved in the regulation or operation of cable communications. 800934v2 5 L. Mediation of Member Cities/Grantee Disputes. Mediate disputes arising between a Member City and the Grantee when and if submitted to the Commission for resolution upon the mutual agreement of that Member City,the Grantee and the Commission. M. Franchise Fees; Grantee Audits. Coordinate payment of franchise fees to the Member Cities; examine books and records of Grantee and conduct any audits or reviews it deems appropriate and as may be required by the Franchises. N. Gifts. In appropriate circumstances, accept gifts, apply for and use grants, enter into agreements required in connection therewith, and hold,use and dispose of money or property received as a gift or grant in accordance with the terms thereof. O. Annual Report. Prepare an annual report to the Member Cities describing and summarizing its functions and activities for the preceding year. P. Coordination and Defense of Civil Lawsuits. Provide assistance and coordination regarding the defense of any lawsuit pertaining to cable communications, or the enforcement of Franchises. Any such requested assistance or coordination shall be paid for by the Member City or Member Cities requesting its defense of lawsuits in which the Commission is named as a defendant and shall be handled in a manner decided by the Commission. Q. Rates and Charges. To the extent permitted under the law, maintain records of rates and charges and evaluate changes requested by Grantee; advise and recommend to the Member Cities as to all requested rate or charge changes; obtain from Grantee and from any other source, such information relating to rates, costs and service 800934v2 6 levels as any Member City is entitled to obtain from Grantee or others; and conduct hearings as the Commission deems appropriate. R. Contracts. Make such contracts and enter into such agreements as it deems necessary to make effective any power granted to it or perform any duties imposed upon it by this Agreement or delegated to it by a Member City. The Commission may contract with any of the Member Cities or others to provide to it space, services or materials. S. Consultants and Legal Counsel. Contract with such persons as it deems necessary to accomplish its powers and duties. T. Procedures Relating to the Governance of Commission Operations. Notwithstanding any provision contained in this Agreement,with respect to the operating procedures of the Commission,the Commission is hereby authorized to establish from time to time bylaws or other policies and procedures relating to its own governance and operations, including procedures relating to meetings, dates of meetings, agendas, information contained on agendas and the functions of the Managers' Committee and Commission. ARTICLE VIII. BOARD OF DIRECTORS Section 1. General Powers. The property, affairs and business of this Commission shall be managed by the Board of Directors. Section 2. Qualifications,Appointment;Notices. Each Member City shall be entitled to two(2)Directors and two (2) alternate Directors. Each alternate shall serve as a Director when the Director for which he/she is an alternate cannot serve or is absent. One(1)Director and his/her alternate shall be a member of that Member City's Council. The other Director and 800934v2 7 his/her alternate shall be an administrator or staff member having, or likely to have, administrative responsibility for that Member City's System. Directors and alternates shall be appointed by the Council of each Member City at the time it becomes a Member City. When a Council appoints a Director, it shall give written notice initially of such appointment to the Chair. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices as the same may be challenged b subsequent notices given in Y g Y q writing, may be used as the official names and addresses for the purpose of giving notices to such persons for all purposes under this Agreement, including meetings of the Commission. Section 3. Officers Selection. At each annual meeting thereafter while the Commission is in existence,the Commission shall elect the Commission officers from its Directors. Section 4. By-Laws. The Commission shall adopt By-Laws governing its procedures including the time, place and frequency of its regular meetings, and the time and place of its annual meeting. The Commission may amend the By-Laws from time to time by either of the following methods: A. A proposed By-Law amendment may be submitted by a Director at any regular meeting. It shall then be referred to the Managers' Committee for its recommendation. The recommendation shall be presented to the Board at a regular meeting and voted upon at that or a subsequent meeting of the Commission; or B. A proposed By-Law amendment may be submitted by a Director by giving written notice thereof to all other Directors at least fourteen(14)days prior to a regular meeting at which it is to be acted on. The proposed amendment shall then be referred to the Managers' Committee for its recommendation. The recommendation shall 800434v2 8 be presented to the Board at the meeting stated in said notice and voted upon at that or a subsequent meeting of the Commission. In no event shall a proposed By-Law amendment be acted upon without a review by the Managers' Committee of not more than sixty(60)days. Section 5. Compensation. Directors shall serve without compensation from the Commission no matter in what capacity they serve, but this shall not prevent a Member City from providing compensation for its Directors if such compensation is authorized by the Member City and by law. Section 6. Votina. There shall be no voting by proxy. Each Director shall have one (1)vote. Votes must be cast at a Commission meeting. Directors shall not be eligible to vote during the time the Member City that appointed such Directors is in default on any contribution or payment to the Commission. During the existence of such default,the votes allotted to such Member City shall not be counted for any purposes under this Agreement. Section 7. Term: Resignation. Directors shall serve, at the pleasure of the Council appointing them, a term of two(2)years. In the case of Council member Directors, his/her term shall automatically cease when his/her term as a Council member is ended. Likewise, the term of a Director that is an administrator or staff member of a Member City shall cease upon termination of that person's employment with the appointing Member City. Directors may be reappointed at the pleasure of the Council appointing them. A Director may resign at any time by giving written notice to the Chair, effective upon the date stated in said notice, or if no date is stated, effective upon receipt by Chair. Acceptance of a resignation is not necessary to make it effective. 800934v2 9 Section 8. Vacancies. A vacancy on the Commission, created by any cause, shall be filled, for the remaining term of the prior Director,by the Council of the Member City whose Director position on the Commission is vacant. Section 9. Quorum and Manner of Action. Except as provided in Article VII, Section 3, Paragraph K, a majority of the Directors shall constitute a quorum of the Commission, and the act of a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board. In the absence of a quorum, a majority of the Directors present may adjourn any meeting from time to time until a quorum is present. Notice of any adjourned meeting need not be given other than by announcement at the meeting at which adjournment is taken. If a quorum is present when a duly called meeting is convened,the Directors present may adjourn the meeting, notwithstanding that the withdrawal of a number of Directors originally present leaves less than a quorum. No other business shall be transacted. Section 10. Annual and Regular Meetings. An annual meeting of the Commission shall be held in April of each year to elect officers of the Commission and for transaction of any other business to come before the meeting. Regular meetings shall be held at such times and places as shall be established in the By-Laws of the Commission. Section 11. Special Meetings. Special meetings of the Commission may be called (i) by the Chair, (ii)by the Managers' Committee, or(iii)by the Chair or Managers' Committee upon the written request of a majority of the Directors. Five(5) days written notice of special meetings shall be given to the Directors. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at the special meeting. Section 12. Notice. Notice of regular and annual meetings of the Commission shall be given to the Directors at least seven (7) days in advance and the agenda for such meetings shall 8009342 10 accompany the notice. Business at regular meetings of the Commission is not limited to matters set forth in the agenda. Section 13. Notices Excused. Any meeting of the Board shall be a legal meeting without any notice thereof having been given if all of the Directors then in office are present at the meeting or waive notice in writing before, at or after the meeting. ARTICLE IX. OFFICERS Section 1. Number;Election; Qualifications. The officers of the Commission shall consist of a Chair, a Vice Chair and a Secretary/Treasurer. Each officer shall be elected at an annual meeting by the Board and shall hold office for a term of two (2)years and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation or removal. All officers shall be Directors. New officers shall take office at the adjournment of the annual meeting of the Commission at which they were elected. Not more than one(1)Director of a Member City shall be elected an officer during the same term. Directors of a Member City that have given notice of withdrawal shall not be eligible to become officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at the same time cease to be an officer. Section 2. Resignation.ation. Any officer of the Commission may resign at any time by giving written notice of his/her resignation to the Board,to the Chair or to the Secretary/Treasurer of this Commission. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board, Chair or Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. Section 3. Removal. Any officer may be removed,with or without cause,by a vote of four-fifths (4/5) of the total number of Directors, at any meeting of the Board, provided that 800934v2 11 such purpose is stated in the notice or waiver of notice of the meeting unless all of the Directors of this Commission are present at the meeting. Section 4. Vacancies. A vacancy in any office because of disqualification, death, resignation or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. Section 5. Chair; Vice Chair. The Chair shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Commission. The Vice Chair shall act as Chair in the absence of the Chair. Section 6. SecretM/Treasurer. The Secretary/Treasurer shall be a Director who is an administrator or staff member of a Member City. He/she shall be responsible for keeping a record of all of the proceedings of the Commission and Managers' Committee and shall serve as the Chair of the Managers' Committee. The Secretary/Treasurer shall have custody of the Commission's funds, shall pay its bills, shall keep its financial records and generally conduct the financial affairs of the Commission. He/she shall be responsible for such other matters as shall be delegated to him/her by the Commission. Orders, checks and drafts of the Commission shall require the signature of the Secretary/Treasurer. In conducting the Commission's financial affairs,the Secretary/Treasurer shall,at all times, act in accordance with generally accepted accounting principles. The Secretary/Treasurer's report, including any bills or claims to be acted upon by the Commission, shall be distributed to all Directors at each Commission meeting. The Commission shall have the option to mandate that the Commission bear the cost of any bond or insurance so required. Any fidelity bond or other insurance shall cover all persons authorized to 8009342 12 handle funds of the Commission. Any persons may be engaged to perform such services under the Secretary/Treasurer's supervision and direction, when authorized by the Commission. Section 7. Other Officers. The Commission may appoint such other officers as it deems necessary. All such officers shall be Directors. Section 8. Committees. The Commission may appoint such committees as it deems necessary or desirable to accomplish its purposes. ARTICLE X.MANAGERS' COMMITTEE Section 1. Qualifications. The Managers' Committee shall consist of the administrator or staff member Director appointed by each Member City. Section 2. Authori1y. The Managers' Committee shall have the authority to manage the property, affairs and business of the Commission between Commission meetings,to the extent specifically delegated by the By-Laws or resolution of the Board,but at all times, shall be. subject to the control and direction of the Board. Section 3. Meetings. The Managers' Committee shall meet as necessary at a time and place to be determined by the Managers' Committee. Special meetings may be called by any other two(2)members of the Managers' Committee or by the Commission. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy- two (72)hours(from the time of mailing) advance written notice of a special meeting shall be given to all members of the Managers' Committee by the person or persons calling the meeting. The notice shall state the matters to be considered at the special meeting and only those matters shall be considered at that meeting. Section 4. Personnel. The Managers' Committee shall have authority to hire, supervise and discharge full or part time employees but their compensation shall be within 8009342 13 budget limitations. The Managers' Committee may make any required employer contributions which local government units are authorized or required to make by law. Section 5. Notices Excused. The provisions of Article VIII, Section 13, shall apply to meetings of the Managers' Committee. Section 6. (Quorum and Manner of Action. The provisions of Article VIII, Section 9, shall apply to meetings of the Managers' Committee. ARTICLE XI. FINANCIAL MATTERS Section 1. Fiscal Year. The fiscal year of the Commission shall be the calendar year. Section 2. Initial Contributions. An initial contribution of Two Thousand Five Hundred Dollars($2,500.00) shall be made to the Commission by each Member City at the time it becomes a Member City. Section 3. Contribution for Subsequent Years. Beginning in the calendar Year 2001 and for each year thereafter, each Member City shall contribute Two Thousand Five Hundred and No/100 Dollars($2,500.00). Budget amounts recruited in excess of this minimum amount shall be paid by each Member City contributing. Each Member City shall contribute an amount which bears the same ratio to the total budget as that Member City's franchise fees received for the period ending August 31 of the year prior to the year for which such budget has been prepared bears to the total franchise fees received for such prior period by all of the Member Cities combined, or such other amount or ratio as is agreed to by all of the Directors by August 1 of the year prior to the year for which such budget has been prepared and approved by the Council of each Member City. However, in any event,no Member City's contribution shall exceed the franchise fees received in such prior year by such Member City. 800934v2 14 Section 4. Payment. Contributions,pursuant to Section 3, shall be due in full on each January 15, or by such installment method as the Commission shall determine. Section 5. Default. Contributions shall be due in full, or in accordance with an installment plan,within thirty(30) days after the date of the billing statement from the Commission. If payment has not been made within that time, a Member City will be in default. The Commission may recover any contribution in default by a civil suit, and the defaulting Member City, in such case, shall pay all costs of the suit, including reasonable attorneys' fees. Section 6. Budget Process. A proposed budget shall be formulated and approved by the Commission at the October Commission meeting each year. No budget shall become effective unless approved by a majority of the Member Cities. If any Council approves a proposed budget prior to notice having been received by its Directors of the withdrawal of any Member City(which may be done by notice given prior to October 1 of any year),that approval shall not be binding on that Member City,but that Council may reconsider such prior approval of the budget. All parties shall endeavor to approve the proposed budget on or before December of each year. If the budget is not approved,the Commission shall promptly formulate a revised budget and submit it to the Member Cities for their review and approval. This process shall be continued until a budget is approved. The Member Cities shall use their best efforts to approve a budget for the then succeeding year by December 31 of each year. Section 7. Expenditures. The Commission may expend its funds as it deems necessary and appropriate pursuant to this Agreement. Section 8. Audit. At any time, any Member City may require an audit,review or other verification of the Commission's financial books and records. The Commission shall determine the appropriate period of time for such audit, review or other verification. A copy of 8009342 15 any audit,review or verification report shall be given to each Member City. The Commission's books and records shall be available for and open to examination and copying by the Member Cities and their respective representatives at all reasonable times. ARTICLE XII. WITHDRAWAL Section 1. Withdrawal. Any Member City may withdraw from this Agreement effective on January 1 of any year by giving notice pursuant to Section 2 of this Article prior to October 1 of the preceding year. Section 2. Notice. In order to effectuate a withdrawal, a Member City withdrawing from the Commission shall give written notice to the Chair of the Commission, served personally on the Chair or addressed to the Chair at the address shown on the records of the Commission, and by giving with such notice a certified copy of a resolution of its Council stating its decision to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the Chair of such notice and resolution. The withdrawing Member City shall have the responsibility for such actual receipt by the Chair. Upon receipt of such notice and resolution,the Chair of the Commission shall forward a copy of the notice and resolution to each Director. Section 3. Financial Effect of Withdrawal. No financial benefit shall inure to a Member City that withdraws from this Commission nor shall there be any reimbursement for any contribution made by the withdrawn Member City. ARTICLE XIII. AMENDMENTS Section 1. Amendments. This Agreement may be amended only by written amendment entered into by all the then Member Cities to this Agreement in the same manner as this Agreement is entered into pursuant to Article VI hereof. 8009342 16 ARTICLE XIV. DISSOLUTION Section 1. Duration of Commission. The Commission may continue for a term up to and including the date the Franchises of the Member Cities expire. The Commission shall be dissolved if less than four(4)Member Cities remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Member Cities. Section 2. Distribution of Assets. Upon dissolution of the Commission, all remaining assets of the Commission,after payment of all obligations, shall be distributed among the Member Cities that are Member Cities to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six(6)months, as is necessary to wind up its affairs, but for no other purposes. ARTICLE XV. PRIOR AGREEMENTS SUPERSEDED This Agreement,when effective, supersedes all previous agreements between the Member Cities hereto establishing a joint cable communications commission. 800934v2 17 IN WITNESS WHEREOF,the undersigned municipalities have caused this Agreement to be signed on their behalf. DATED: CITY OF EDEN PRAIRIE, MINNESOTA 8080 Mitchell Road Eden Prairie, MN 55344-4485 By: By: Its: Manager/Clerk Its: Mayor DATED CITY OF EDINA,MINNESOTA 4801 West 50th Street Edina,MN 55424-1394 By: By: Its: Manager/Clerk Its: Mayor DATED: CITY OF HOPKINS,MINNESOTA 1010 1st Street South Hopkins, MN 55343-7573 By: By: Its: Manager/Clerk Its: Mayor DATED: CITY OF MINNETONKA, MINNESOTA 14600 Minnetonka Boulevard Minnetonka, MN 55345 By: By: Its: Manager/Clerk Its: Mayor DATED: CITY OF RICHFIELD, MINNESOTA 6700 Portland Avenue Richfield, MN 55423-2599 By: By: Its: Manager/Clerk Its: Mayor 8009342 18 AMENDED JOINT AND COOPERATIVE AGREEMENT SOUTHWEST SUBURBAN CABLE COMMISSION ARTICLE L PREAMBLE The parties to this Agreement are governmental units of the State of Minnesota. This Agreement supersedes any prior Agreement between the parties covering the establishment of a Cable Communications Commission and is made pursuant to Minnesota Statutes §238.08 and §471.59, as amended. ARTICLE II. GENERAL PURPOSE The general purpose of the Agreement is to establish an organization to analyze the operation and Systems of the Member Cities;to coordinate administration and enforcement of the respective Franchises of the Member Cities;to report and recommend to the Member Cities relative to the operation of their respective Systems and the activities of their respective Grantees; and to perform such other duties as are required of the organization hereby created pursuant to this Agreement. ARTICLE III. NAME The name of the organization hereby created is Southwest Suburban Cable Commission. ARTICLE IV. DEFINITION OF TERMS Section 1. Definitions. For the purpose of this Agreement,the terms defined in this Article shall have the meanings given them by this Article. Section 2. "Board"or"Board of Directors"means the governing body of the Commission. Section 3. "Commission"means the organization created pursuant to this Agreement. Section 4. "Council"means the governing body of a Member City. 800934vdoc Section 5. "Directors"means the persons appointed pursuant to this Agreement to serve as Directors, and includes alternate Directors when serving as Directors. Section 6. "Franchise"means any Cable Television Franchise granted by a Member City to this Agreement. Section 7. "Grantee"means any person to whom a Member City has granted a Franchise. Section 8. "Managers' Committee"means the committee consisting of the Director of each Member City who is the city manager, or his or her alternate. Section 9. "Member City"means a municipality which has entered into this Agreement and is in good standing. Section 10. "System"means any cable communications system operated within each Member City pursuant to a Member City's Franchise. ARTICLE V. MEMBER CITIES The Member Cities to this Agreement are Eden Prairie, Edina, Hopkins,Minnetonka and Richfield. Any other municipality served by a System through the same Grantee as the Member Cities to this Agreement may become a Member City upon approval by all of the then Member Cities. Eligible municipalities may become a Member City effective January I of any year thereafter,upon approval by a two-thirds(2/3) vote of the total Directors and upon payment of the initial contribution set out in Article XI, Section 2 hereof, and contributions for the year it becomes a Member City. ARTICLE VI. EFFECTIVE DATE Section 1. Execution of Agreement. A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by action of its Council authorizing execution of 800934vdoc 2 a copy of this Agreement by its authorized officers. Whereupon,the clerk or other appropriate officer of that municipality shall file a duly executed copy of this Agreement with the Commission. Section 2. Effective Date. This Agreement is effective on the date executed by all of the Member Cities. ARTICLE VII. POWERS AND DUTIES OF THE COMMISSION AND PARTIES Section 1. General Authority. The Commission is established for the purposes of coordinating administration and enforcement of the individual Franchises of the Member Cities and providing uniformity in that administration and enforcement to insure that the System of the Grantee is constructed, operated,maintained and upgraded in a manner that will,to the extent possible, be to the maximum benefit of each Member City. To accomplish this purpose,the following divisions are made of authority and responsibilities among the Member Cities and the Commission. Section 2. Member City Powers and Duties. The Commission shall have only such powers and duties as are specifically granted in this Agreement or necessarily implied from those specifically granted. All powers and duties not so granted or necessarily implied are reserved to the Member Cities. Specifically,the Commission shall have no powers and duties in the following areas and the Member Cities retain sole authority in the following areas: A. General Powers. Each Member City retains authority to amend and renew its Franchise, initiate and defend lawsuits, and prosecute violations of its Franchise. B. Permits and Licenses. Each Member City retains authority to issue all required permits and licenses for the construction and operation of the System. 800934vdoc 3 Section 3. Powers and Duties of the Commission. Subject to the provisions of Section 2,the following powers and duties are delegated by the Member Cities to the Commission. A. Policy Decisions and Recommendations. The Commission shall make policy decisions and recommendations to Member Cities on the following: 1) Enforcement of Laws. Enforcement of laws,regulations and ordinances,related to cable communications, against Grantee and others. 2) Insurance Policies and Letters of Credit. The content and adequacy of insurance policies and letters of credit. 3) Marketing Practices. Review and report to the Member Cities on any marketing practices or subscription contracts which may be contrary to any of the Franchises, or which are not uniform in each Member City. 4) Granting of Franchises. The grant of new franchises by Member Cities. B. Complaints Relating to Grantee Actions. Receive, collect,tabulate and attempt to resolve by negotiation with Grantee all customer complaints and report to the affected Member City all unresolved complaints. C. Institutional Network. Monitor development of the institutional networks in each Member City and work with Grantee to promote prompt completion of the institutional network in each Member City. D. Cable Programming, Content, Scope,Alterations in Programming Services. Deal with all matters relating to programming on its own initiation or upon request of a Member City. 800934vdoc 4 E. Access and Local Origination. Encourage and promote the use and development of access channels and programming and local origination programming, work with Grantee to coordinate such development and programming in each Member p p g g City, including the development of rules,training of persons and the use and maintenance of equipment. F. Performance Evaluation. Cause technical evaluations of the System whenever the Commission, in its sole discretion, concludes that such evaluations are required or desirable including the periodic review and evaluations specified in the q g p p Member Cities' Franchises. G. Grantee Rules. Help to develop Grantee's rules regarding development and supervision of the System including, but not limited to,public access, local origination and line extensions. H. Technology and State of Art Review. Review changes and developments in the cable communications industry and facilitate the upgrading of the System. I. Statutory and Regulatory Changes. Advise the Member Cities of any required or recommended Franchise amendments. J. Interconnection with Other Systems. Monitor the planning and development of the regional interconnection of the System with other cable television systems and supervise the implementation of interconnection to the extent not requiring Franchise amendment. K. Lobbying of Commission Policy at Other Governmental Levels. Present its policies to other governmental bodies involved in the regulation or operation of cable communications. 800934vdoe 5 L. Mediation of Member Cities/Grantee Disputes. Mediate disputes arising between a Member City and the Grantee when and if submitted to the Commission for resolution upon the mutual agreement of that Member City,the Grantee and the Commission. M. Franchise Fees; Grantee Audits. Coordinate payment of franchise fees to the Member Cities; examine books and records of Grantee and conduct any audits Qr reviews it deems appropriate and as may be required by the Franchises. N. Gifts. In appropriate circumstances, accept gifts, apply for and use grants, enter into agreements required in connection therewith, and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. O. Annual Report. Prepare an annual report to the Member Cities describing and summarizing its functions and activities for the preceding year. P. Coordination and Defense of Civil Lawsuits. Provide assistance and coordination regarding the defense of any lawsuit pertaining to cable communications, or the enforcement of Franchises. Any such requested assistance or coordination shall be paid for by the Member City or Member Cities requesting its defense of lawsuits in which the Commission is named as a defendant and shall be handled in a manner decided by the Commission. Q. Rates and Charges. To the extent permitted under the law, maintain records of rates and charges and evaluate changes requested by Grantee; advise and recommend to the Member Cities as to all requested rate or charge changes; obtain from Grantee and from any other source, such information relating to rates, costs and service 800934vdoc levels as any Member City is entitled to obtain from Grantee or others; and conduct hearings as the Commission deems appropriate. R. Contracts. Make such contracts and enter into such agreements as it deems necessary to make effective any power granted to it or perform any duties imposed upon it by this Agreement or delegated to it by a Member City. The Commission may contract with any of the Member Cities or others to provide to it space, services or materials. S. Consultants and Legal Counsel. Contract with such persons as it deems necessary to accomplish its powers and duties. . T. Procedures Relatiniz to the Governance of Commission Operations. Notwithstanding any provision contained in this Agreement,with respect to the operating procedures of the Commission, the Commission is hereby authorized to establish from time to time bylaws or other policies and procedures relating to its own governance and operations, including procedures relating to meetings, dates of meetings, agendas, information contained on agendas and the functions of the Managers' Committee and Commission. ARTICLE VIII. BOARD OF DIRECTORS Section 1. General Powers. The property, affairs and business of this Commission shall be managed by the Board of Directors. Section 2. Qualifications;Appointment;Notices. Each Member City shall be entitled to two (2)Directors and two(2) alternate Directors. Each alternate shall serve as a Director when the Director for which he/she is an alternate cannot serve or is absent. One(1)Director and his/her alternate shall be a member of that Member City's Council. The other Director and 800934vdoc Z his/her alternate shall be an administrator or staff member having, or likely to have, administrative responsibility for that Member City's System. Directors and alternates shall be appointed by the Council of each Member City at the time it becomes a Member City. When a Council appoints a Director, it shall give written notice initially of such appointment to the Chair. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices as the same may be challenged by subsequent notices given in writing,may be used as the official names and addresses for the purpose of giving notices to such persons for all purposes under this Agreement, including meetings of the Commission. Section 3. Officers Selection. At each annual meeting thereafter while the Commission is in existence,the Commission shall elect the Commission officers from its Directors. Section 4. By Laws. The Commission shall adopt By-Laws governing its procedures including the time, place and frequency of its regular meetings, and the time and place of its annual meeting. The Commission may amend the By-Laws from time to time by either of the following methods: A. A proposed By-Law amendment may be submitted by a Director at any regular meeting. It shall then be referred to the Managers' Committee for its recommendation. The recommendation shall be presented to the Board at a regular meeting and voted upon at that or a subsequent meeting of the Commission;or B. A proposed By-Law amendment may be submitted by a Director by giving written notice thereof to all other Directors at least fourteen(14)days prior to a regular meeting at which it is to be acted on. The proposed amendment shall then be referred to the Managers' Committee for its recommendation. The recommendation shall 800934vdoe $ be presented to the Board at the meeting stated in said notice and voted upon at that or a subsequent meeting of the Commission. In no event shall a proposed By-Law amendment be acted upon without a review by the Managers' Committee of not more than sixty(60) days. Section 5. Compensation. Directors shall serve without compensation from the Commission no matter in what capacity they serve,but this shall not prevent a Member City from providing compensation for its Directors if such compensation is authorized by the Member City and by law. Section 6. Voting. There shall be no voting by proxy. Each Director shall have one (1)vote. Votes must be cast at a Commission meeting. Directors shall not be eligible to vote during the time the Member City that appointed such Directors is in default on any contribution or payment to the Commission. During the existence of such default,the votes allotted to such Member City shall not be counted for any purposes under this Agreement. Section 7. Term: Resignation.ate. Directors shall serve, at the pleasure of the Council appointing them, a term of two (2)years. In the case of Council member Directors,his/her term shall automatically cease when his/her term as a Council member is ended. Likewise, the term of a Director that is an administrator or staff member of a Member City shall cease upon termination of that person's employment with the appointing Member City. Directors may be reappointed at the pleasure of the Council appointing them. A Director may resign at any time by giving written notice to the Chair, effective upon the date stated in said notice, or if no date is stated, effective upon receipt by Chair. Acceptance of a resignation is not necessary to make it effective. 800934vdoc 2 Section 8. Vacancies. A vacancy,on the Commission, created by any cause, shall be filled, for the remaining term of the prior Director, by the Council of the Member City whose Director position on the Commission is vacant. Section 9. Quorum and Manner of Action. Except as provided in Article VII, Section 3, Paragraph K, a majority of the Directors shall constitute a quorum of the Commission, and the act of a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board. In the absence of a quorum, a majority of the Directors present may adjourn any meeting from time to time until a quorum is present. Notice of any adjourned meeting need not be given other than by announcement at the meeting at which adjournment is taken. If a quorum is present when a duly called meeting is convened,the Directors present may adjourn the meeting, notwithstanding that the withdrawal of a number of Directors originally present leaves less than a quorum. No other business shall be transacted. Section 10. Annual and Regular Meetings. An annual meeting of the Commission shall be held in April of each year to elect officers of the Commission and for transaction of any other business to come before the meeting. Regular meetings shall be held at such times and places as shall be established in the By-Laws of the Commission. Section 11. Special Meetings. Special meetings of the Commission may be called (i) by the Chair, (ii)by the Managers' Committee, or(iii)by the Chair or Managers' Committee upon the written request of a majority of the Directors. Five(5) days written notice of special meetings shall be given to the Directors. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at the special meeting. Section 12. Notice. Notice of regular and annual meetings of the Commission shall be given to the Directors at least seven (7) days in advance and the agenda for such meetings shall 800934vdoc �Q accompany the notice. Business at regular meetings of the Commission is not limited to matters set forth in the agenda. Section 13. Notices Excused. Any meeting of the Board shall be a legal meeting without any notice thereof having been given if all of the Directors then in office are present at the meeting or waive notice in writing before, at or after the meeting. ARTICLE IX. OFFICERS Section 1. Number; Election; Qualifications. The officers of the Commission shall consist of a Chair, a Vice Chair and a Secretary/Treasurer. Each officer shall be elected at t:hean annual meeting by the Board and shall hold office a nail the next annual elee ien effleer-s for a term of two (2)year and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation or removal. All officers shall be Directors. New officers shall take office at the adjournment of the annual meeting of the Commission at which they were elected. Not more than one(1)Director of a Member City shall be elected an officer during the same term. Directors of a Member City that have given notice of withdrawal shall not be eligible to become officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at the same time cease to be an officer. Section 2. Resignation. Any officer of the Commission may resign at any time by giving written notice of his/her resignation to the Board,to the Chair or to the Secretary/Treasurer of this Commission. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board, Chair or Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. Section 3. Removal. Any officer may be removed,with or without cause, by a vote of four-fifths (4/5) of the total number of Directors, at any meeting of the Board, provided that 800934vdoc 11 such purpose is stated in the notice or waiver of notice of the meeting unless all of the Directors of this Commission are present at the meeting. Section 4. Vacancies. A vacancy in any office because of disqualification, death, resignation or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. Section 5. Chair,Vice Chair. The Chair shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Commission. The Vice Chair shall act as Chair in the absence of the Chair. Section 6. Secretary/Treasurer. The Secretary/Treasurer shall be a Director who is an administrator or staff member of a Member City. He/she shall be responsible for keeping a record of all of the proceedings of the Commission and Managers' Committee and shall serve as the Chair of the Managers' Committee. The Secretary/Treasurer shall have custody of the Commission's funds, shall pay its bills, shall keep its financial records and generally conduct the financial affairs of the Commission. He/she shall be responsible for such other matters as shall be delegated to him/her by the Commission. Orders, checks and drafts of the Commission shall require the signature of the Secretary/Treasurer. In conducting the Commission's financial affairs,the Secretary/Treasurer shall,at all times, act in accordance with generally accepted accounting principles. The Secretary/Treasurer's report, including any bills or claims to be acted upon by the Commission, shall be distributed to all Directors not less than five(5) days Prior-to the tj post a fidelity bend or ether-insur- , the Commi,sTo= . TheCemmissshall bea-v the eest&&heat each Commission meeting. The 800934vdoc Commission shall have the option to mandate that the Commission bear the cost of any bond or insurance so required. SaidAnv fidelity bond or other insurance shall cover all persons authorized to handle funds of the Commission. Any persons may be engaged to perform such services under the Secretary/Treasurer's supervision and direction,when authorized by the Commission. Section 7. Other Officers. The Commission may appoint such other officers as it deems necessary. All such officers shall be Directors. Section 8. Committees. The Commission may appoint such committees as it deems necessary or desirable to accomplish its purposes. ARTICLE X. MANAGERS' COMMITTEE Section 1. Qualifications. The Managers' Committee shall consist of the administrator or staff member Director appointed by each Member City. Section 2. Authori1y. The Managers' Committee shall have the authority to manage the property, affairs and business of the Commission between Commission meetings,to the extent specifically delegated by the By-Laws or resolution of the Board,but at all times, shall be subject to the control and direction of the Board. Section 3. Meetings. The Managers' Committee shall meet as necessary at a time and place to be determined by the Managers' Committee. Special meetings may be called by any other two(2) members of the Managers' Committee or by the Commission. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy- two(72)hours (from the time of mailing) advance written notice of a special meeting shall be given to all members of the Managers' Committee by the person or persons calling the meeting. 800934vdoc The notice shall state the matters to be considered at the special meeting and only those matters shall be considered at that meeting. Section 4. Personnel. The Managers' Committee shall have authority to hire, supervise and discharge full or part time employees but their compensation shall be within budget limitations. The Managers' Committee may make any required employer contributions which local government units are authorized or required to make by law. Section 5. Notices Excused. The provisions of Article VI11, Section 13, shall apply to meetings of the Managers' Committee. Section 6. Quorum and Manner of Action. The provisions of Article V111, Section 9, shall apply to meetings of the Managers' Committee. ARTICLE XI. FINANCIAL MATTERS Section 1. Fiscal Year. The fiscal year of the Commission shall be the calendar year. Section 2. Initial Contributions. An initial contribution of Two Thousand Five Hundred Dollars($2,500.00) shall be made to the Commission by each Member City at the time it becomes a Member City. Section 3. Contribution for Subsequent Years. Beginning in the calendar Year 2001 and for each year thereafter, each Member City shall contribute Two Thousand Five Hundred and No/100 Dollars($2,500.00). Budget amounts recruited in excess of this minimum amount shall be paid by each Member City contributing. Each Member City shall contribute an amount which bears the same ratio to the total budget as that Member City's franchise fees received for the period ending August 31 of the year prior to the year for which such budget has been prepared bears to the total franchise fees received for such prior period by all of the Member Cities combined, or such other amount or ratio as is agreed to by all of the Directors by August 1 800934vdoc 1 of the year prior to the year for which such budget has been prepared and approved by the Council of each Member City. However, in any event, no Member City's contribution shall exceed the franchise fees received in such prior year by such Member City. Section 4. Payment. Contributions,pursuant to Section 3, shall be due in full on each January 15, or by such installment method as the Commission shall determine. Section 5. Default. Contributions shall be due in full, or in accordance with an installment plan,within thirty (30)days after the date of the billing statement from the Commission. If payment has not been made within that time, a Member City will be in default. The Commission may recover any contribution in default by a civil suit,and the defaulting Member City, in such case, shall pay all costs of the suit, including reasonable attorneys' fees. Section 6. Budget Process. A proposed budget shall be formulated and approved by the Commission at the October Commission meeting each year. No budget shall become effective unless approved by a majority of the Member Cities. If any Council approves a proposed budget prior to notice having been received by its Directors of the withdrawal of any Member City (which may be done by notice given prior to October 1 of any year),that approval shall not be binding on that Member City, but that Council may reconsider such prior approval of the budget. All parties shall endeavor to approve the proposed budget on or before December of each year. If the budget is not approved,the Commission shall promptly formulate a revised budget and submit it to the Member Cities for their review and approval. This process shall be continued until a budget is approved. The Member Cities shall use their best efforts to approve a budget for the then succeeding year by December 31 of each year. Section 7. Expenditures. The Commission may expend its funds as it deems necessary and appropriate pursuant to this Agreement. 800934vdoc Section 8. Audit. At anv time. anv Member Citv may require an audit. review or other verification of the Commission's financial books and records shall be audited of feviewed year-s, of at sueh othef times as the Commission ma-),, direct. A eopy of . The Commission shall determine the appropriate period of time for such audit, review or other verification. A copy of any audit. review or verification report shall be given to each Member City. The Commission's books and records shall be available for and open to examination and copying by the Member Cities and their respective representatives at all reasonable times. ARTICLE XII. WITHDRAWAL Section 1. Withdrawal. Any Member City may withdraw from this Agreement effective on January 1 of any year by giving notice pursuant to Section 2 of this Article prior to October 1 of the preceding year. Section 2. Notice. In order to effectuate a withdrawal, a Member City withdrawing from the Commission shall give written notice to the Chair of the Commission, served personally on the Chair or addressed to the Chair at the address shown on the records of the Commission, and by giving with such notice a certified copy of a resolution of its Council stating its decision to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the Chair of such notice and resolution. The withdrawing Member City shall have the responsibility for such actual receipt by the Chair. Upon receipt of such notice and resolution,the Chair of the Commission shall forward a copy of the notice and resolution to each Director. Section 3. Financial Effect of Withdrawal. No financial benefit shall inure to a Member City that withdraws from this Commission nor shall there be any reimbursement for any contribution made by the withdrawn Member City. 800934vdoc ARTICLE XIIL AMENDMENTS Section 1. Amendments. This Agreement may be amended only by written amendment entered into by all the then Member Cities to this Agreement in the same manner as this Agreement is entered into pursuant to Article VI hereof. ARTICLE XIV. DISSOLUTION Section 1. Duration of Commission. The Commission may continue for a term up to and including the date the Franchises of the Member Cities expire. The Commission shall be dissolved if less than four(4)Member Cities remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Member Cities. Section 2. Distribution of Assets. Upon dissolution of the Commission, all remainingassets of the Commission after payment of all obligations, shall be distributed among p Y g � g the Member Cities that are Member Cities to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six(6)months, as is necessary to wind up its affairs, but for no other purposes. ARTICLE XV. PRIOR AGREEMENTS SUPERSEDED This Agreement, when effective, supersedes all previous agreements between the Member Cities hereto establishing a joint cable communications commission. IN WITNESS WHEREOF, the undersigned municipalities have caused this Agreement to be signed on their behalf. DATED: CITY OF EDEN PRAIRIE, MINNESOTA 8080 Mitchell Road Eden Prairie,MN 55344-4485 By: By: Its: Manager/Clerk Its: Mayor 800934vdoc DATED: CITY OF EDINA, MINNESOTA 4801 West 50th Street Edina,MN 55424-1394 By: By: Its: Manager/Clerk Its: Mayor DATED: CITY OF HOPKINS, MINNESOTA 1010 1st Street South Hopkins, MN 55343-7573 By: By: Its: Manager/Clerk Its: Mayor DATED: CITY OF MINNETONKA,MINNESOTA 14600 Minnetonka Boulevard Minnetonka, MN 55345 By: By: Its: Manager/Clerk Its: Mayor DATED: CITY OF RICHFIELD, MINNESOTA 6700 Portland Avenue Richfield, MN 55423-2599 By: By: Its: Manager/Clerk Its: Mayor 800934vdoc �$ CITY COUNCIL AGENDA DATE: SECTION: Consent December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.S. Janet Jeremiah, Director Agreement for the City of Eden Prairie to Provide Molly Koivumaki, Manager Day Care Funds to Children's World Community Development Requested Action Move to: Approve agreement between the City of Eden Prairie and Children's World, a local child care provider,to cover the cost of child care for a specific amount of time. Background For over a decade,the Eden Prairie City Council has approved the allocation of Community Development Block Grant(CDBG) funds to the Greater Minneapolis Day Care Association (GMDCA)to provide child care subsidy for low income Eden Prairie residents who meet certain criteria. In October, 2006, GMDCA ceased operation and are no longer administering the CDBG funds for the subsidy program. GMDCA notified the City of one resident and one provider who were approved for subsidy until January 31, 2007. The provider,though not paid for services since August of 2006, has continued to provide child care while the details of the subsidy program were worked out. The City wishes to use CDBG funds allocated for child care to pay the provider until the end of the eligibility period,which is January 31;2007. Attachments Agreement AGREEMENT FOR THE CITY OF EDEN PRAIRIE TO PROVIDE DAY CARE FUNDS TO CHILDREN'S WORLD THIS AGREEMENT entered into by and between the City of Eden Prairie, a Minnesota municipal corporation(the "City") and Children's World, a provider of day care services located in Eden Prairie (the "Provider"), is effective upon the execution of this Agreement by both parties. RECITALS: WHEREAS, the City has received Community Development Block Grant ("CDBG") funds which it has earmarked for the purpose of providing day care services for certain eligible City residents; and WHEREAS, the City entered into an agreement with the Greater Minneapolis Day Care Association ("GMDCA"), whereby GMDCA would administer the City's CDBG funds and coordinate day care services, and GMDCA authorized payment to Provider to continue through January 31, 2007; and WHEREAS, GMDCA is no longer able to administer these funds and has cancelled its agreement with the City as of October 31, 2006; and WHEREAS, Provider has not received payment for services rendered from September 2006 until present; and WHEREAS, the City desires that CDBG funds continue to be used to allow Provider to provide the eligible City residents with day care services through January 31, 2007. NOW, THEREFORE, in consideration of the Recitals which are hereby incorporated herein and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged it is mutually stipulated and agreed to as follows: 1. Scope of Services. Provider agrees to provide day care services for those certain City residents who have already been determined to be eligible for CDBG funds and will be named in the invoice submitted to the City by Provider, subject to the requirements of this Agreement. Provider shall take all necessary actions required to implement the day care services and to comply with any related requests by the City. Provider also will promptly notify the City of any changes of the scope or character of its day care activities. 2. Payment of CDBG Funds. Subject to the requirements of this Agreement, the City agrees to pay to Provider CDBG funds for services rendered in the months of September, 2006 through January, 2007. Provider shall submit an invoice to the City not to exceed $1,190.50 for the months of September, 2006 through December, 2006. Provider shall submit an invoice to the City not to exceed 1 $246.00 for the month of January, 2007, which the City shall not be obligated to pay until Provider has satisfactorily performed its obligations for that month. 3. Non-assignment. Provider shall not assign, subcontract, transfer or pledge this Agreement and/or the day care services to be performed hereunder whether whole or in part without the prior written consent of the City. 4. Suspension, Termination and Amendments. a. This Agreement becomes effective upon execution by both parties. The termination date of this Agreement is January 31, 2007 or at such time as the performance under this Agreement is completed prior thereto. b. If Provider materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute non-compliance and a default and unless the default is excused by the City, the City may cancel this Agreement in its entirety. C. This Agreement may be cancelled with or without cause by either party upon 30 days written notice. d. This Agreement may be amended by written mutual agreement of the parties. 5. Data Practices Act. The parties shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et. seq., to the extent that the Act is applicable to data and documents in the hands of both parties. 6. Audits. The books, records, documents, and accounting procedures and practices of the parties relevant to this Agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 7. Worker's Compensation. Provider represents and warrants that it has and will maintain during the performance of this Agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the City prior to execution of this Agreement is current and in force and effect. 8. Discrimination. In performance of this Agreement, the Provider shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Provider, any subcontractor of the Provider, or any applicant for employment. The Provider shall include a similar provision in all contracts with subcontractors to this Agreement. The 2 Provider further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 9. Conflicts. No salaried officer or employee of either party and no member of the City Council of either party shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 10. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 11. Provider's Prompt Payment of Subcontractors. The Provider shall pay to any subcontractor within ten (10) days of the Provider's receipt of payment from the City for undisputed services provided by the subcontractor. The Provider shall pay interest of one and a half percent(1 %2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Provider shall pay the actual amount due to the subcontractor. 12. Indemnification. The City is not liable for the acts or omissions of Provider related to Provider's performance under this Agreement. Provider agrees to indemnify, defend and hold harmless the City from any claims, causes of action, damages, loss, cost or expenses including reasonable attorney's fees resulting from or related to the actions of Provider, its officers, agents or employees in the execution of the duties outlined in this Agreement. 13. Limitation of Remedies. In the event of a breach of the Agreement by either party, no party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 3 CITY EXECUTION The City of Eden Prairie having duly approved this Agreement on , 2006, and pursuant to such approval and the property City officials having signed this Agreement, the City agrees to be bound by the provisions herein set forth. Upon proper execution,this Agreement will be legally valid and binding. CITY OF EDEN PRAIRIE Dated: By: Its: Mayor and By: Its: City Administrator Attest: Title: 4 PROVIDER EXECUTION Provider, having signed this Agreement and the City having duly approved this Agreement, and pursuant to such approval and the proper officials having signed this Agreement, Provider agrees to be bound by the provisions of this Agreement. CHILDREN'S WORLD Dated: By: Its: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2006, by , the , a Minnesota on behalf of said Notary Public My Commission Expires P:\Home\EP\Community Dev\Daycare\AGREEMENT FOR DAY CARE FUNDS-2006-12-12.doc 5 CITY COUNCIL AGENDA DATE: SECTION: Consent December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILT. Janet Jeremiah, Director First Amendment to the Affordable Housing Molly Koivumaki,Manager Regulatory Agreement Community Development Requested Action Move to: Approve the First Amendment to the Affordable Housing Regulatory Agreement for the Eagle Ridge at Hennepin Village 6 h Addition., between the City of Eden Prairie and the Ryland Group, Inc. Background The Development Agreement for Eagle Ridge at Hennepin Village 6d'Addition, between the City of Eden Prairie and The Ryland Group, Inc., cited the affordable housing price would be determined by the Minnesota Housing Finance Agency's (MHFA) standards. It has since been discovered that the MHFA does not define affordable housing prices;however,that definition is provided by the Metropolitan Council. Therefore,the Agreement has been amended to remove the reference to the MHFA, and include the Metropolitan Council. Attachments First Amendment to the Affordable Housing Regulatory Agreement FIRST AMENDMENT TO THE AFFORDABLE HOUSING REGULATORY AGREEMENT THIS AMENDMENT TO THE AFFORDABLE HOUSING REGULATORY AGREEMENT (the "Amended Agreement") is made and entered into as of this day of December, 2006 by and between The Ryland Group, Inc., a Maryland corporation ("Ryland")and the City of Eden Prairie, a Minnesota municipal corporation(the"City"). RECITALS: WHEREAS, the City and Ryland entered into that certain agreement entitled "Affordable Housing Regulatory Agreement" (the "Original Agreement"), dated September_, 2005; and WHEREAS, the Minnesota Housing Finance Agency does not adequately define "affordable housing"; and WHEREAS, the City Ryland have come to an agreement as to the definition of "affordable housing"that both parties will be bound by; NOW, THEREFORE, in consideration of the Recitals, which are hereby incorporated herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed that Section 1 of the Original Agreement shall be amended in its entirety as follows: 1. Restrictions on Purchase and Sale. A. Ryland and the City agree that, from and after the date hereof and continuing thereafter through December 31, 2045 (the"Restricted Term"), the Affordable Property may only be purchased by and conveyed, sold, assigned, exchanged or transferred at the City's discretion to either (i) a party designated by the City as administrator hereunder or (ii) persons and/or families whose income at the time of the purchase of the Affordable Property, does not exceed eighty percent(80%) of the median income for the metropolitan area, as defined in Minnesota Statutes § 473.121, subd. 2, as established by the United States Department of Housing and Urban Development (or any successor agency), and as determined by and approved by the City as set forth below. For 2006, as an example, eighty percent (80%) of the median family income for a family of four (4) in the metropolitan area is $62,800.00. The median family income may be adjusted by the City for families of five (5) or more persons. B. Ryland and the City agree that, for the Restricted Term, the purchase price for the Affordable Property shall equal the Metropolitan Council's determination of affordability, which is based upon what a family of four (4) with an income at or below eighty percent (80%) of the area median family income can afford at prevailing interest rates, and Ryland shall charge no more for the Affordable Property than what is determined to be affordable by the Metropolitan Council's standards, adjustable yearly (the "Maximum Affordable Purchase Price"). For 2006, as an example, the Maximum Affordable Purchase Price is $201,800.00. C. Ryland and the City agree that the obligation to sell, convey, assign, exchange and transfer the Affordable Property in accordance with the restrictions contained herein and amendments hereto, for the Restricted Term is independent of the existence of the Amended Development Agreement and that the provisions of this Agreement are intended to survive the termination or extinguishment of (i)the Amended Development Agreement, or (ii)any security instruments placed of record in connection with any subsequent financing by lenders to the purchasers of the Affordable Property. IN WITNESS WHEREOF,Ryland and the City have each caused this Amended Agreement to be executed by their respective duly authorized officers or representatives, effective as of the date and year first written above. THE RYLAND GROUP, INC., a Maryland corporation By: Its: CITY OF EDEN PRAIRIE, a Minnesota municipal corporation By: Its: And: Its: STATE OF MINNESOTA ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by , the of The Ryland Group, Inc., a Maryland corporation, for an on behalf of such corporation. Notary Public STATE OF MINNESOTA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006, by and , being the and , respectively, of the City of Eden Prairie, a Minnesota municipal corporation, for an on behalf of such municipal corporation. Notary Public CITY COUNCIL AGENDA DATE: SECTION: Public Hearing December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VIIL A. Community Development: Tax Increment Financing(TIF) Proposal Janet Jeremiah Town Center Phase I—Windsor Plaza David Lindahl Requested Action: Move to: • Close the City Council Public Hearing: and • Adopt a Resolution relating to Redevelopment Project Area No. 5 and Tax Increment Financing (Redevelopment)District No. 21; and approving a Project Plan and Tax Increment Financing Plan Synopsis: The purpose of establishing a Redevelopment District is to help defray costs associated with the redevelopment of a five-acre area located between Singletree Lane and Regional Center Drive along TH212 across from the Eden Prairie Center for a new mixed-use development to include about 137,000 square feet of office, retail,two restaurants, and a 437 space parking ramp, as well as a new Bobby& Steve's gas and service facility. Staff recommends the City Council consider creating a"pay as you go"Redevelopment District with a 25-year term and provide a maximum of$4,500,000 million to close the estimated financing gaps with the proposed project. Background: The Solomon Group, an Eden Prairie development company,has assembled three properties totaling 4.19 acres located at: 11995 Flying Cloud Dr. - Former NTI School 8140 Flying Cloud Dr. - David Hanson Office Building 8110 Eden Rd. - Peter Fisher Office Building A fourth parcel to be included in the proposed redevelopment and TIF District is the former Mark's Amoco site,which will be redeveloped by its new owners to a Bobby& Steve's gas and auto service facility. Solomon's plan is to redevelop the three properties into a new 137,900 square foot mixed-use office and retail center called Windsor Plaza. The project includes a 5-story Class A office building with ground level retail, two restaurants and a significant amount of structured parking. 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. Solomon is representing that there is a$4.5 million financial gap with the proposed redevelopment and that it cannot proceed as planned without TIF assistance. The City retained Ehlers and Associates to perform a complete financial review of the proposed redevelopment and has determined that based on the information provided a financial gap exists. The details of their review, findings, and recommendations are outlined in an attached memo.According to Solomon,that financing issues exist for the following reasons:, ■ Structured parking. The density of the development requires a significant amount of structured parking which is expected to cost$15,000 per stall. ■ There are additional costs for the ramp to accommodate another level of parking that could be added later if needed -when the Wal-Mart area redevelops. ■ The property assemblage costs were high-partly due to inflated offers provided by other developers. ■ Demolition and environmental cleanup costs are expected to be high. ■ Without TIF, a reasonable financial return is not possible and therefore the redevelopment would not proceed. A summary of key recommendations for the City Council to consider: 1. Create a"pay as you go"Redevelopment Tax Increment Financing District with a maximum term of 25 years. 2. Provide up to a maximum of$4,500,000 in TIF assistance for the following qualified costs: a. Land Write Down $2,700,000 b. Demo&Environmental $300,000 c. Structures Parking $1,500,000 3. The annual amount of the tax increment paid to the developer is 90%of annual receipts. 4. The city will require a"Look Back"provision so that if projects costs, lease rates or interest rates better then projected in the financing analysis,the amount of tax increment will be reduced. Attachments: 1.Resolutions 2. TIF Plan Summary Memo 3. TIF Plan 4. Ehlers TIF Analysis Memo 5. Solomon-Barsness TIF Request Letter 6.Draft Development Agreement 7. Hennepin County Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006-149 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5; AND ESTABLISHING TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR BE IT RESOLVED by the City Council(the "Council")of the City of Eden Prairie,Minnesota(the "City"), as follows: Section 1. Recitals 1.01. The Board of Commissioners(the "Board")of the Eden Prairie Housing and Redevelopment Authority(the "HRA")has heretofore established Redevelopment Project Area No. 5 and adopted the Redevelopment Plan therefor. It has been proposed by the HRA that the City adopt a Modification to the Redevelopment Plan for Redevelopment Project Area No. 5 (the"Redevelopment Plan Modification")and establish Town Center Phase One Tax Increment Financing District(the "District")therein and adopt a Tax Increment Financing Plan(the"TIF Plan")therefor(the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"); all pursuant to and in conformity with applicable law,including Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The HRA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The HRA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Hennepin and Independent School District No. 272 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission, approval of the Plans by the HRA on December 19,2006, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports(the"Reports")relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data,information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution including the City's Major Center Area Plan,; a staff reports to the HRA and City; submission by Barsness Consulting Services on behalf of the developer, Solomon Real Estate Group; a letter and financial review of the need for tax increment by Ehlers &Associates on behalf the City; and a inspection of the buildings and site by LHB Architects. The Council hereby confirms,ratifies and adopts the Reports,which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05 The City is not modifying the boundaries of Redevelopment Project Area No. 5,but is however, modifying the Redevelopment Plan therefor. Section 2. Findings for the Adoption and Approval of the Plans 2.01. The Council hereby finds that the Plans are intended and, in the judgment of this Council,the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Plans,which are hereby incorporated herein. Section 3. Findings for the Establishment of Town Center Phase One Tax Increment Financing District 3.01. The Council hereby finds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10 (a)(1). 3.02. The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan,that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The Eden Prairie Housing and Redevelopment Authority elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3,clause b,which means the fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The Plans and the adoption thereof conform in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up,to provide employment opportunities,to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Exhibit A,the City believes these benefits directly derive from the tax increment assistance provided under the Plan. The developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by the developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Plans 5.01, The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved,ratified,established, and adopted and shall be placed on file in the office of the Finance Manager. 5.02. The staff of the City,the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft,prepare and present to this Council for its consideration all further plans,resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Hennepin County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the Eden Prairie Housing and Redevelopment Authority is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify,together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The Finance Manager is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd.4a. ADOPTED by the Eden Prairie City Council on December 19, 2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk EXHIBIT A RESOLUTION NO.2006-149 The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for Town Center Phase One Tax Increment Financing District (District), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Town Center Phase One Tax Increment Financing District is a redevelopment district as defined in M.S., Section 469.174, Subd. I0(a)(1). The District consists of 6 parcels, with plans to redevelop the area for office and retail purposes. At least 70 percent of the area of the parcels in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings in the District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. (See Appendix F of the TIF Plan.) 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in the TIF Plan meets the City's objectives for redevelopment. The City has previously undertaken a Major Center Area Plan which targets the area in and around the District for redevelopment into higher density and mixed-use development. The City also adopted planning principles dated January 2006 which emphasized relocation of lower-density properties, anticipated more intense landuse with multi-story buildings and concentrated public improvements, including the use of structured and shared parking. The development in the District is one of the first steps in the implementation of the Major Center Area Plan. The three major extraordinary costs associated with the development in the District are the high cost of acquisition from voluntary sellers on the parcels currently occupied by substandard and non-substandard buildings, redevelopment costs including demolition and remediation, and the costs of structured parking on the site. TIF will pay for a portion of each of these cost categories. The developer was asked for and provided a letter and a proforma as justification that the developer would not have gone forward without tax increment assistance. , The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan: The costs of acquisition are extremely high in this area. The City may see limited redevelopment of individual parcels over the next 25 years without the use of TIF. The limited redevelopment, in the experience of the City, would not include mixed-use or higher density development. The land use would be low intensity uses with surface parking and low floor to area ratios. The type of coordinated effort on the part of a developer to assemble parcels and construct commercial and retail facilities of the proposed size and scope requires public assistance for the land acquisition and part of the structured parking costs. Therefore, the City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be up to $24,807,400. The present value of tax increments from the District is estimated to be $4,745,498. It is the Council's finding that no development with a market value of greater than $20,061,902 would occur without tax increment assistance in this district within 25 years. This finding is based upon evidence from general past experience with the high cost of acquisition and public improvements in the general area of the District. (See Cashflow in Appendix D of the TIF Plan.) 3. Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan on December 11, 2006, and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole,for the development or redevelopment of Redevelopment Project Area No. S by private enterprise. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, the redevelopment of substandard properties, increased tax base of the State and add a high quality development to the City. Ehlers & Associates, Inc. Tax Increment Financing District Overview City of Eden Prairie The Town Centre Phase One Tax Increment Financing District The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District. More detailed information on each of these topics can be found in the complete TIF Plan. Proposed action: Establishment of Town Center Phase One Tax Increment Financing District and the adoption of a Tax Increment Financing Plan(TIF Plan). Type of TIF District: A redevelopment district Parcel Numbers: 14-116-22-24-0009 14-116-22-42-0002 14-116-22-13-0005 14-116-22-13-0024 14-116-22-13-0030 14-116-22-13-0023 Proposed Development: The District is being created to facilitate the construction of a 145,500 square foot office and retail series of buildings that includes 4-5 story office/retail mix and more than one restaurant. The building will be oriented toward Flying Cloud Drive and served by underground parking and a 2-3 story public parking ramp to reduce the surface parking area. As part of the redevelopment,the gas station site will be sold to accommodate a new more up-to-date design friendly service station. Maximum duration: The duration of the District will be 25 years after receipt of the first increment by the City (a total of 26 years of tax increment). The date of receipt by the City of the first tax increment is expected to be 2009. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2034,or when the TIF Plan is satisfied. Estimated annual tax Up to$318,060 increment: TIF District Overview Proposed uses: The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land/Building Acquisition...........................................$2,700,000 Site Improvements/Preparation........................................$500,000 Public Utilities.................................................................$500,000 Public Parking...............................................................$1,800,000 Streets and Sidewalks......................................................$500,000 Interest..........................................................................$6,200,000 Administrative Costs(up to 10%).................................$1,300,000 TOTAL PROJECT COSTS.....................................$I3,SOQ000 See Subsection 2-10, page 2-7 of the TIF Plan for the full budget authorization. Additional uses of funds are authorized which include inter-fund loans and transfers and bonded indebtedness. Form of financing: Pay-as-you-go note Administrative fee: Up to 10%of annual increment, if costs are justified. 4 Year Activity Rule After four years from the date of certification of the District one of the (§469.176 Subd 6) following activities must have been commenced on each parcel in the District: • Demolition • Rehabilitation • Renovation • Other site preparation (not including utility services such as sewer and water) If the activity has not been started by the approximately October 2010, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity. Page 2 TIF District Overview 5 Year Rule Within 5 years of certification revenues derived from tax increments (§469.1763 Subd 3) must be expended or obligated to be expended. Tax increments are considered to have been expended on an activity within the District if one of the following occurs: • The revenues are actually paid to a third party with respect to the activity • Bonds, the proceeds of which must be used to finance the activity, are issued and sold to a third party, the revenues are spent to repay the bonds, and the proceeds of the bonds either are reasonably expected to be spent before the end of the later of(i)the five year period, or(ii) a reasonable temporary period within the meaning of the use of that term under§. 148(c)(1)of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund • Binding contracts with a third party are entered into for performance of the activity and the revenues are spent under the contractual obligation • Costs with respect to the activity are paid and the revenues are spent to reimburse for payment of the costs, including interest on unreimbursed costs. Any obligations in the Tax Increment District made after approximately October, 2011, will not be eligible for repayment from tax increments. The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required pursuant to M.S., Section 469.175, Subd 3, are included in Exhibit A of the City Council Adopting Resolution. Page 3 TIF District Overview MAP OF REDEVELOPMENT PROJECT AREA NO. 5 AND THE TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT Page 4 r <, ' - W # 34 c Town tenter Phase l �e,u � ���� Aw\.. ;�,dJdM Aik ���; �i ✓.� _mod .✓/�, ��� TIF Redevelopment District#21 �* IM a As of December 14, 2006 Draft for Public Hearing MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 and the TAX INCREMENT FINANCING PLAN for the establishment of THE TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT (a redevelopment district) within REDEVELOPMENT PROJECT AREA NO. 5 EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA Public Hearing: December 19,2006 Adopted: This document is in draft form for distribution to the County and the School District. The TIF Plan contains the estimated fiscal and economic implications ofthe proposed TIFDistrict. The City and the HRA may make minor changes to this draft document prior to the public hearing. Prepared by: &ASSOC ATES E H L E R S 3060 Centre Pointe e, R sevilllle, Minnesota 155113-1N 5 & ASSOCIATES INC 651-697-8500 fax: 651-697-8555 www.ehiers-inc.com TABLE OF CONTENTS (for reference purposes only) SECTION I - MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 SECTION II -TAX INCREMENT FINANCING PLAN FOR THE TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT . . 2-1 Subsection 2-1. Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 Subsection 2-2. Statutory Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 Subsection 2-3. Statement of Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 Subsection 2-4. Redevelopment Plan Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired . 2-2 Subsection 2-6. Classification of the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2 Subsection 2-7. Duration of the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4 Subsection 2-8. Original Tax Capacity,Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements . . . . ... . . . . . . . . . . 2-4 Subsection 2-9. Sources of Revenue/Bonded Indebtedness . . . . . . . . . . . . . . . . . . . . 2-5 Subsection 2-10. Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6 Subsection 2-11. Fiscal Disparities Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7 Subsection 2-12. Business Subsidies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-8 Subsection 2-13. County Road Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9 Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions . . . . . . . . . . . . . . . . . 2-9 Subsection 2-15. Supporting Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-11 Subsection 2-16. Definition of Tax Increment Revenues . . . . . . . . . . . . . . . . . . . . . . . 2-11 Subsection 2-17. Modifications to the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12 Subsection 2-18. Administrative Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-13 Subsection 2-19. Limitation of Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-13 Subsection 2-20. Use of Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-14 Subsection 2-21. Excess Increments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-15 Subsection 2-22. Requirements for Agreements with the Developer . . . . . . . . . . . . . . 2-15 Subsection 2-23. Assessment Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-15 Subsection 2-24. Administration of the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-16 Subsection 2-25. Annual Disclosure Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-16 Subsection 2-26. Reasonable Expectations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-16 Subsection 2-27. Other Limitations on the Use of Tax Increment . . . . . . . . . . . . . . . . . 2-16 Subsection 2-28. Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-17 APPENDIX A— PROJECT DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1 APPENDIX B— MAP(S) OF REDEVELOPMENT PROJECT AREA NO. 5 AND THE DISTRICff-1 APPENDIX C — DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT . . . C-1 APPENDIX D— ESTIMATED CASH FLOW FOR THE DISTRICT . . . . . . . . . . . . . . . . . . . . . D-1 APPENDIX E— MINNESOTA BUSINESS ASSISTANCE FORM . . . . . . . . . . . . . . . . . . . . . E-1 APPENDIX F— REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT . . . . . . . . . . . F-1 APPENDIX G — FINDINGS INCLUDING BUT/FOR QUALIFICATIONS . . . . . . . . . . . . . . . . G-1 SECTION I-MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 Foreword The following text represents a Modification to the Redevelopment Plan for Redevelopment Project Area No. 5. This modification represents a continuation ofthe goals and objectives set forth in the Redevelopment Plan for Redevelopment Project Area No.5. Generally,the substantive changes include the establishment of the Town Center Phase One Tax Increment Financing District. For further information, a review of the Redevelopment Plan for Redevelopment Project Area No. 5 is recommended. It is available from the City Clerk at the City of Eden Prairie. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Redevelopment Project Area No. 5. Eden Prairie HRA Modification to the Redevelopment Plan for Redevelopment Project Area No.5 1-1 SECTION II- TAX INCREMENT FINANCING PLAN FOR THE TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT Subsection 2-1. Foreword The Eden Prairie Housing and Redevelopment Authority(the"HRA"),the City of Eden Prairie(the"City"), staff and consultants have prepared the following information to expedite the establishment of the Town Center Phase One Tax Increment Financing District(the"District"),a redevelopment tax increment financing district,located in Redevelopment Project Area No. 5. Subsection 2-2. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end,the HRA and City have certain statutory powers pursuant to Minnesota Statutes CVS.'), Sections 469.001 to 469.047, inclusive, as amended, and M.S., Sections 469.174 to 469.1799, inclusive, as amended(the "Tax Increment Financing Act" or"TIF Act"),to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Redevelopment Plan for Redevelopment Project Area No. 5. Subsection 2-3. Statement of Objectives The District currently consists of 6 parcels of land and adjacent and internal rights-of-way. The District is being created to facilitate construction of a 145,500 square foot office and retail complex and associated parking ramp in the City of Eden Prairie. Please see Appendix A for further project information. Contracts for this have not been entered into at the time of preparation of this TIF Plan,but development is likely to begin in 2007 with completion in 2008.This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for Redevelopment Project Area No. 5. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Redevelopment Project Area No. 5 and the District. Subsection 2-4. Redevelopment Plan Overview 1. Property to be Acquired-Selected property located within the District may be acquired by the HRA or City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements,the HRA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The HRA or City may perform or provide for some or all necessary acquisition,construction, relocation,demolition,and required utilities and public street work within the District. Eden Prairie 14RA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. See the map in Appendix B for further information on the location of the District. *Parcel Numbers See Appendix C The HRA or City may acquire any parcel within the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the HRA or City only in order to accomplish one or more of the following:storm sewer improvements;provide land for needed public streets, parking facilities, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The HRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 2-6. Classification of the District The HRA and City,in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a redevelopment district pursuant to M.S., Section 469.174, Subd. 10(a)(1) as defined below: (a) "Redevelopment district"means a type oftax incrementfinancing district consisting ofaproject, or portions of a project, within which the authority finds by resolution that one or more of the following conditions, reasonably distributed throughout the district, exists: (1) parcels consisting of 70 percent of the area in the district are occupied by buildings,streets, utilities,paved or gravel parking lots or other similar structures and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; (2) The property consists of vacant, unused, underused, inappropriately used, or infrequently used rail yards, rail storage facilities or excessive or vacated railroad rights-of-way; (3) tankfacilities,orproperty whose immediatelyprevious use wasfor tankfacilities,as defined in Section 115C, Subd. 15, if the tank facility: (i) have or had a capacity of more than one million gallons; (ii) are located adjacent to rail facilities;or (iii) have been removed,or are unused,underused, inappropriately used or infrequently used;or (4) a qualifying disaster area, as defined in Subd. 10b. (b) For purposes of this subdivision, "structurally substandard"shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation,fire protection including adequate egress,layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. Eden Prairie HRA Tax Increment FinancingPlan for the Town Center Phase One Tax Increment Financing District 2-2 $ (c) A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs or other similar reliable evidence. The municipality may not make such a determination without an interior inspection of the property, but need not have an independent, expert appraisal prepared of the cost of repair and rehabilitation of the building. An interior inspection of the property is not required, if the municipality finds that(1)the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property;and(2)the evidence otherwise supports a reasonable conclusion that the building is structurally substandard. (d) A parcel is deemed to be occupied by a structurally substandard building for purposes of the finding under paragraph (a) if all of the following conditions are met: (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district with the county auditor; (2) the substandard building was demolished or removed by the authority or the demolition or removal was financed by the authority or was done by a developer under a development agreement with the authority; (3) the authority found by resolution before the demolition or removal that the parcel was occupied by a structurally substandard building and that after demolition and clearance the authority intended to include the parcel within a district;and (4) upon filing the request for certification of the tax capacity of the parcel as part of a district, the authority notifies the county auditor that the original tax capacity of the parcel must be adjusted as provided by§469.177, subdivision 1,paragraph ()9. (e) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities,paved or gravel parking lots or other similar structures unless 15 percent of the area of the parcel contains buildings, streets, utilities,paved or gravel parking lots or other similar structures. ()9 For districts consisting of two or more noncontiguous areas, each area must qualify as a redevelopment district under paragraph(a)to be included in the district, and the entire area of the district must satisfy paragraph (a). In meeting the statutory criteria the HRA and City rely on the following facts and findings: • The District is a redevelopment district consisting of 6 parcels • An inventory shows that parcels consisting of more than 70 percent of the area in the District are occupied by buildings,streets,utilities,paved or gravel parking lots or other similar structures. • An inspection of the buildings located within the District finds that more than 50 percent of the buildings are structurally substandard as defined in the TIF Act. (See Appendix F). Pursuant to M.S., Sections 469.176 Subd. 7,the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 2 73.111 or 273.112 or Chapter 473H for taxes payable in Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-3 any of the five calendar years before the filing of the request for certification of the District. Subsection 2-7. Duration of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1,the duration of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. I b,the duration of the District will be 25 years after receipt of the first increment by the HRA or City(a total of 26 years of tax increment). The date of receipt by the City of the first tax increment is expected to be 2009. Thus,it is estimated that the District,including any modifications ofthe TIF Plan for subsequent phases or other changes,would terminate after 2034,or when the TIF Plan is satisfied. If increment is received in 2008 or after,the term of the District will be 2033 or later. The HRA or City reserves the right to decertify the District prior to the legally required date. Subsection 2-8. Original Tax Capacity,Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant to M.S.,Section 469.174,Subd. 7 and M.S.,Section 469.177,Subd. ],the Original Net Tax Capacity (ONTC)as certified for the District will be based on the market values placed on the property by the assessor in 2006 for taxes payable 2007. Pursuant to M.S., Section 469.177, Subds. I and 2,the County Auditor shall certify in each year(beginning in the payment year 2008)the amount by which the original value has increased or decreased as a result of: l. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments,negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates;or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity(NTC)value of the District declines below the ONTC,no value will be captured and no tax increment will be payable to the HRA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2007, assuming the request for certification is made before June 30,2007. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Redevelopment Project Area No. 5, upon completion of the project,will annually approximate tax increment revenues as shown in the table below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2008. The Project Tax Capacity (PTC)listed is an estimate of values when the project is completed. Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-4 Project Estimated Tax Capacity upon Completion(PTC) $594,600 Original Estimated Net Tax Capacity(ONTC) $100,702 Fiscal Disparities Reduction $178,268 Estimated Captured Tax Capacity(CTC) $315,630 Original Local Tax Rate 1.0077 Pay 2006 Estimated Annual Tax Increment(CTC x Local Tax Rate) $318,060 Percent Retained by the HRA 100% Pursuant to M.S., Section 469.177, Subd. 4, the HRA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4,with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen(18)months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S.,Section 469.175,Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City of Eden Prairie has reviewed the area to be included in the District and determined that no building permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the City. Subsection 2-9. Sources of Revenue/Bonded Indebtedness Public improvement costs, demolition, acquisition, relocation, utilities, parking facilities, streets and sidewalks,and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan,including,but not limited to,special assess- ments,general property taxes,state aid for road maintenance and construction,proceeds from the sale of land, other contributions from the developer and investment income,to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed,the project will be financed by a pay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, Special Assessment bonds, Revenue bond, or other indebtedness related to the use oftax increment financing will not exceed$12,000,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that$1,000,000 in interfund loans will be financed with tax increment revenues. It is estimated that $1,000,000 in transfers will be financed with tax increment revenues. It is estimated that $6,000,000 in bonded debt proceeds will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-5 The estimated sources of funds for the District are contained in the following table. SOURCES OF FUNDS TOTAL Tax Increment $13,000,000 Interest Earnings $500,000 PROJECT REVENUES $13,500,000 Interfund Loans $1,000,000 Transfers $1,000,000 Bond Principal $6,000,000 TIF Note Principal $6,000,000 The other financing sources list above is included for purposes of OSA reporting for the TIF District. It is not intended to be cumulative. Transfers are included in case money is moved from one fund to another before an expenditure. Subsection 1-1. Uses of Funds Currently under consideration for the District is a proposal to facilitate construction of a 145,500 square foot office and retail complex and associated parking ramp. The HRA and City have determined that it will be necessary to provide assistance to the project for certain costs. The HRA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District,this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES OF FUNDS TOTAL Land/Building Acquisition $2,700,000 Site Improvements/Preparation(includes environmental and demolition $500,000 Public Utilities $500,000 Public Parking Facilities $1,800,000 Streets and Sidewalks $500,000 Interest $6,200,000 Administrative Costs(up to 10%) $1,300,000 PROJECT COSTS TOTAL $13,500,000 Interfund Loans $1,000,000 Transfers $1,000,000 Bond Principal $6,000,000 TIF Note Principal $6,000,000 The other financing uses listed above is included for purposes of OSA reporting for the TIF District. It is not intended to be cumulative. Transfers are included in case money is moved from one fund to another before an expenditure. TIF is expected to be used for the project costs listed above,which is a not-to-exceed budget rather than an expected budget of costs. Pursuant to M.S., Section 469.175, Subd. 1 (5), it is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $13,500,000. For purposes of OSA reporting forms, it is estimated that the cost of improvements, including financing which will be paid for with tax increment will equal$27,500,000 as is presented in the previous budget. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification,the budget above pursuant to the applicable statutory requirements. Pursuant to M.S.,Section 469.1763,Subd.2,no more than 25 percent of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of Redevelopment Project Area No.5,(including administrative costs,which are considered to be spent outside of the District)subject to the limitations as described in this TIF Plan. Subsection 2-11. Fiscal Disparities Election Pursuant to M.S.,Section 469.177,Subd. 3,the HRA or City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to M.S.,Section 469.177,Subd. 3, clause b,(within the District)are followed,the following method of computation shall apply: (1) The original net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. The current net tax capacity shall exclude any fiscal disparity commercial-industrial net tax capacity increase between the original year and the current year multiplied by the fiscal disparity ratio determined pursuant to M.S., Section 276A.06, subdivision 7 or M.S., Section 473F.08, subdivision 6. Where the original net tax capacity is equal to or greater than the current net tax capacity,there is no captured tax capacity and no tax increment determination. Where the original tax capacity is less than the current tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the less of(A)the local taxing district tax rates or(B)the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The HRA will choose to calculate fiscal disparities by clause b. According to M.S., Section 469.177, Subd. 3: (c) The method of computation of tax increment applied to a district pursuant to paragraph(a)or (b)shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in Eden Prairie LIRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-7 paragraph(b). Subsection 2-12. Business Subsidies Pursuant to M.S. Sections 116J.993, Subd. 3,the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy of less than$25,000; (2) Assistance that is generally available to all businesses or to a general class of similar businesses,such as a line of business, size, location,or similar general criteria; (3) Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined in M.S., Section 116J.552, Subd. 3; (5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts,provided that the assistance is equal to or less than 50%of the total cost; (6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7) Assistance for housing; (8) Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23; (9) Assistance for energy conservation; (10) Tax reductions resulting from conformity with federal tax law; (11) Workers'compensation and unemployment compensation; (12) Benefits derived from regulation; (13) Indirect benefits derived from assistance to educational institutions; (14) Funds from bonds allocated under chapter 474A,bonds issued to refund outstanding bonds,and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986,as amended through December 31, 1999; (15) Assistance for a collaboration between a Minnesota higher education institution and a business; (16) Assistance for a tax increment financing soils condition district as defined under M.S., Section 469.174, Subd 19; (17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) General changes in tax increment financing law and other general tax law changes of a principally technical nature. (19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) Funds from dock and wharf bonds issued by a seaway port authority; (21) Business loans and loan guarantees of$75,000 or less;and (22) Federal loan funds provided through the United States Department of Commerce,Economic Development Administration. The HRA will comply with M.S., Section 116J.993 to 116J.995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Subsection 2-13. County Road Costs Pursuant to M.S.,Section 469.175,Subd. ]a,the county board may require the HRA or City to pay for all or Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-8 part of the cost of county road improvements if the proposed development to be assisted by tax increment will,in the judgement of the county,substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads,it must notify the HRA or City within forty- five days of receipt of this TIF Plan. In the opinion of the HRA and City and consultants, the proposed development outlined in this TIF Plan will have little or no impact upon county roads,therefore the TIF Plan was not forwarded to the county 45 days prior to the public hearing. The HRA and City are aware that the county could claim that tax increment should be used for county roads,even after the public hearing. Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However,the HRA or City has determined that such development or redevelopment would not occur "but for" tax increment financing and that,therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for"test was not met: IMPACT ON TAX BASE 2005/2006 Estimated Captured Total Net Tax Capacity(CTC) Percent of CTC Tax Capacity Upon Completion to Enti1y Total County of Hennepin 1,229,390,982 315,630 0.0257% City of Eden Prairie 90,698,663 315,630 0.3480% ISD No.272 87,090,651 315,630 0.3624% IMPACT ON TAX RATES 2005/2006 Percent Potential Extension Rates of Total CTC Taxes County of Hennepin 0.410160 40.70% 315,630 129,459 City of Eden Prairie 0.287820 28.56% 315,630 90,845 ISD No.272 0.231870 23.01% 315,630 73,185 Other 0.077850 7.73% 315,630 24,572 Total 1.007700 100.00% 318,060 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the actual 2005/Pay 2006 rate. The total net capacity for the entities listed above are based on actual Pay 2006 figures. The District will be certified under the actual 2006/Pay 2007 rates,which were unavailable at the time this TIF Plan was prepared. Pursuant to M.S. Section 469.175 Subd. 2(b): Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-9 (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is$13,500,000; (2) Probable impact of the District on cib�provided services and ability to issue debt. A measurable impact of the District on police protection is expected. The Police Department does track calls by property-type. With any addition of new residents or businesses, police calls for service will be increased. New developments add an increase in traffic,and additional overall demands to the call load. The City does not expect that the proposed development,in and of itself,will necessitate new capital investment in vehicles or require that the City expand its existing staff. The probable impact ofthe District on fire protection is not expected to be significant. Typically new commercial buildings generate few calls,if any,and are of superior construction.The fire department budget for 2006 was $2,300,000 and does not expect a measurable impact from the new development. The impact of the District on public infrastructure is expected to be minimal. The current infrastructure for sanitary sewer and water will be able to handle the additional volume generated from the proposed development. New construction of public roads are expected adjacent to the site, but will be less than 1%of the total city road system and the up-front capital cost will be funded by the developer. Storm sewer costs will also be funded by the developer. The development in the District is expected to contribute an estimated$768,780 in sanitary sewer(SAC)and water(WAC) connection fees. The probable impact of any District general obligation tax increment bonds on the ability to issue debt for general fund purposes is expected to be minimal. It is not anticipated that there will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same is$1,902,810; (4) Estimated amount of tax increment attributable to coun, levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies,assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same is$3,365,934; (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. Subsection 2-15.Supporting Documentation Pursuant to M.S. Section 469.175 Subd 1, clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in MS.Section 469.175 Subd 3,clause(b)(2) Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-10 and the findings are required in the resolution approving the District. Following is a list ofreports and studies on file at the City that support the Authority's findings: • Eden Prairie Major Center Area Study, SRF Consulting,January 17,2006 • Application for Tax Increment Financing, Solomon Real Estate • Report of Inspection Procedures and Results for Determining Qualifications of a Tax Increment Financing District as a Redevelopment District,LHB,Inc.August 30,2006 • Solomon Real Estate Group—Request for Tax Increment Assistance memo,Ehlers&Associates, November 6,2006 Subsection 2-16. Definition of Tax Increment Revenues Pursuant to M.S., Section 469.174,Subd. 25,tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: 1. Taxes paid by the captured net tax capacity,but excluding any excess taxes,as computed under M.S., Section 469.177; 2. The proceeds from the sale or lease of property,tangible or intangible,to the extent the property was purchased by the Authority with tax increments; 3. Principal and interest received on loans or other advances made by the Authority with tax increments; 4. Interest or other investment earnings on or from tax increments; 5. Repayments or return of tax increments made to the Authority under agreements for districts for which the request for certification was made after August 1, 1993;and 6. The market value homestead credit paid to the Authority under M.S., Section 273.1384. Subsection 2-17. Modifications to the District In accordance with M.S., Section 469.175, Subd. 4,any: 1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the requirements of M.S., Section 469.175, Subd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan; 4. Increase in the portion of the captured net tax capacity to be retained by the HRA or City; 5. Increase in the estimate of the cost ofthe project,including administrative expenses,that will be paid or financed with tax increment from the District;or 6. Designation of additional property to be acquired by the HRA or City, shall be approved upon the notice and after the discussion,public hearing and findings required for approval of the original TIF Plan. Pursuant to M.S.Section 469.175 Subd. 469,the geographic area of the District may be reduced,but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged,the reasons and supporting facts for the determination that the addition to the district meets the criteria of M.S., Section 469.174, Subd. 10,paragraph(a),clauses(1)to (5),must be documented in writing and retained. The requirements of this paragraph do not apply if(1)the only modification is elimination of parcel(s)from the District and(2)(A)the current net tax capacity of the parcel(s)eliminated from the District equals or exceeds the net tax capacity of those parcel(s)in the District's original net tax capacity or(B)the HRA agrees that, notwithstanding M.S., Section 469.177, Subd. 1,the Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-11 original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The HRA or City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan. Subsection 2-18.Administrative Expenses In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the HRA or City,other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services,including architectural and engineering services,directly connected with the physical development of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. Amounts used to pay principal or interest on, fund a reserve for,or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses(1)to(3). For districts for which the request for certification were made before August 1, 1979,or after June 30, 1982, administrative expenses also include amounts paid for services provided by bond counsel,fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469. 177, Subd. 11,the County Treasurer shall deduct an amount(currently .36 percent) of any increment distributed to the HRA or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Subsection 2-19. Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to M.S., Section 469.176, Subd. 6: Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-12 if, after four years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to M.S., Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax incrementfinancing district by the authority or by the owner of the parcel in accordance with the tax incrementfinancingplan, no additional tax increment may be taken from that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February I of the fifth year following the year in which theparcel was certified as included in the district.For purposes ofthis subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and(3)substantial reconstruction or rebuilding of an existing street. The HRA or City or a property owner must improve parcels within the District by approximately December, 2010 and report such actions to the County Auditor. Subsection 2-20. Use of Tax Increment The HRA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: l. To pay the principal of and interest on bonds issued to finance a project; 2. To finance, or otherwise pay public redevelopment costs of Redevelopment Project Area No. 5 pursuant to the M.S., Sections 469.001 to 469.047; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance,or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4; 5. To pay principal and interest on any loans,advances or other payments made to or on behalf of the HRA or City or for the benefit of Redevelopment Project Area No. 5 by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C. M.S., Sections 469.152 through 469.165,and/or M.S., Sections 469.178;and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C M.S., Sections 469.152 through 469.165,and/or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S., Section 469.176, Subd. 4. Tax increments generated in the District will be paid by Hennepin County to the HRA for the Tax Increment Fund of said District. The HRA or City will pay to the developer(s)semi-annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements,demolition and relocation,site preparation,and administration. Remaining increment funds will be used for HRA or City administration(up to 10 percent)and the costs of public improvement activities Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-13 outside the District. Subsection 2-21. Excess Increments Excess increments,as defined in M.S., Section 469.176, Subd. 2,shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds;or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The HRA or City must spend or return the excess increments under paragraph(c)within nine months after the end of the year. In addition,the HRA or City may,subject to the limitations set forth herein,choose to modify the TIF Plan in order to finance additional public costs in Redevelopment Project Area No.5 or the District. Subsection 2-22. Requirements for Agreements with the Developer The HRA or City will review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings,landscaping plan,grading and storm drainage plan,signage system plan,and any other drawings or narrative deemed necessary by the HRA or City to demonstrate the conformance of the development with City plans and ordinances. The HRA or City may also use the Agreements to address other issues related to the development. Pursuant to M.S., Section 469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the TIF Plan shall at any time be owned by the HRA or City as a result of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments from property acquired is pledged,unless prior to acquisition in excess of 25 percent of the acreage,the HRA or City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the HRA or City should the development or redevelopment not be completed. Subsection 2-23.Assessment Agreements Pursuant to M.S.,Section 469.177, Subd. 8,the HRA or City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall review the plans and specifications for the improvements to be constructed,review the market value previously assigned to the land upon which the improvements are to be constructed and,so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the minimum market value agreement. Subsection 2-24.Administration of the District Administration of the District will be handled by the Finance Manager. Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-14 Subsection 2-25.Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subd 5, 6, and 6b the HRA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor,County Board and County Auditor on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by M.S.,Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2-26. Reasonable Expectations As required by the TIF Act,in establishing the District,the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value ofthe site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination,reliance has been placed upon written representation made by the developer to such effects and upon HRA and City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D,and indicates that the increase in estimated market value of the proposed development(less the indicated subtractions)exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 2-27.Other Limitations on the Use of Tax Increment 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay public redevelopment costs of the Redevelopment Project Area No. 5 pursuant to the M.S., Sections 469.001 to 469.047. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction,renovation,operation,or maintenance of a building to be used primarily and regularly for conducting the business of a municipality,county,school district,or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on activities in the District or to pay bonds,to the extent that the proceeds of the bonds were used to finance activities within said district or to pay,or secure payment of,debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended,through a development fund or otherwise, on activities outside of the District except to pay,or secure payment of,debt service on credit enhanced bonds. For purposes of applying this restriction,all administrative expenses must be treated as if they were solely for activities outside of the District. 3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set forth in paragraph(2)above only if the five year rule set forth in M.S., Section 469.1763, Subd 3, has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remain after expenditures Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-15 permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. 5. 4. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation ofredevelopment and renewal and renovation districts under M.S.,Section 469.176 Subd.4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances,pollution,or contaminants,acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of the land,the removal of hazardous substances or remediation necessary for development of the land,and installation of utilities,roads, sidewalks,and parking facilities for the site. The allocated administrative expenses of the HRA or City,including the cost of preparation of the development action response plan,may be included in the qualifying costs. Subsection 2-28. Summary The Eden Prairie Housing and Redevelopment Authority is establishing the District to preserve and enhance the tax base,redevelop substandard areas,and provide employment opportunities in the City. The TIF Plan for the District was prepared by Ehlers&Associates,Inc.,3060 Centre Pointe Drive,Roseville,Minnesota 55113,telephone(651)697-8500. Eden Prairie HRA Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District 2-16 APPENDIX A PROJECT DESCRIPTION Solomon Real Estate is proposing the following: • 145,500 Square foot office and retail series ofbuildings that includes 4-5 story office/retail mix and more than(1)restaurant. The building will be oriented toward Flying Cloud Drive and served by underground parking and a 2-3 story public parking ramp to reduce the surface parking area. The additional greenspace available due to the parking ramp and underground parking will be replaced by a greenway entry feature. In addition the parking ramp can accommodate parking for future redevelopment in the area. In addition,to accommodate the design and features of the redevelopment and provide better market based quality uses to serve the area,the gas station site will be sold to accommodate a new more up-to-date design friendly service station described as follows: • 15,000 square foot 2-story automotive station that includes gas,convenience store,car wash and quick lube. The gas station building will be oriented toward the street with pumps and parking area on the interior of the site sheltered from the roadway. APPENDIX A-1 APPENDIX B MAP(S)OF REDEVELOPMENT PROJECT AREA NO. 5 AND THE DISTRICT APPENDIX B-1 y g II y 1 Tiff Redevelopment District#21 a s %,ti .� '�' ,"��• ` ' �-' 'arm e f4 s 3y 4u S{ k 4 5 I.e 4 �Aa T r. y m APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. Parcel Numbers Address Owner 14-116-22-13-0023 8100 Flying Cloud Drive Randy's Bobby& Steve's Auto 14-116-22-24-0009 8110 Eden Road Windsor Plaza LLC 14-116-22-42-0002 Windsor Plaza LLC 14-116-22-13-0005 8140 Flying Cloud Drive Windsor Plaza LLC 14-116-22-13-0024 Windsor Plaza LLC 14-116-22-13-0030 11995 Singletree Lane Windsor Plaza LLC APPENDIX C-1 APPENDIX D ESTIMATED CASH FLOW FOR THE DISTRICT APPENDIX D-1 11/2/2006 fifi E H IE RIS Pagel of 2 Town Center Tax Increment District City Of Eden Prairie/Eden Prairie HRA District -New Redevelopment District County District# Inflation Rate-Every Year 3.D0 Pay-As-You-Go Interest Rate: 6.75% City Internal Loan Rate N/A Note Issued Date(Present Value Date): 01-Feb-07 Local Tax Rate-Frozen 100.77000% Pay 20D6 Fiscal Disparities Election Inside Year District was certified 2006 Assumes First Tax Increment For District 2009 Year District was Modified N/A Development located in modified area N/A Assumes First Tax Increment For Dev 2009 Years of Tax Increment 26 Assumes Last Year of Tax Increment 2034 Fiscal Disparities Ratio 36.0941% Pay 2006 Fiscal Disparities Metro Wide Tax Rate 121.8220% Pay 2006 Local Tax Rate-Current 100.7700D% Pay 2006 State Wide Property Tax Rate(Used for total taxes) 50.8270% Pay 2006 Market Value Tax Rate(used for total taxes) N/A Pay 2006 Commercial Industrial Class Rate 1.5%-2.0% Pay 2006 First 150,000 1.50% Over 150,000 2.00% Rental Class Rate 1.25% Pay 2006 Residential Class Rai-Under$500,000 1.00% Over$5DO,000 1.25% PID Market Tax Value Capacity 14-116-22-130030• see below 14-116-22.130MV 3,200,000 14-116-22-13-0006 466,000 14-116-2242-0002 3,600 14-116-22-24-0OD9 623,000 14-116-22-134W 790,000 5,072,600 1.6%-2.0% 100,702 Parcels are currently exempt-$3.2M is estimated value of both w be assigned when Taxable. Total Market Value Market Class New Date Date Date PHASE Use Sq.FLUnds Sq.Ft./Units Value Rate Tax Capacity Completed Asses Payable 1 Retail ,300 ..$20000 3,660,000 1.5%-2.0% 72,450 2007 2008 2009 1 Restaurant 161090 $,250-00 4,000,000 1.5%-2.0% 79,250 2007 2008 2009 1 Office - 96,4QD,'""' 'W'M 17,220,000 1.5%-2.0% 343,650 2007 2008 2009 1 Gas Station : ISAW ' $333.33 5,000,000 1.5%-2.0% 99,250 2007 2008 2009 TOTAL 147,700 29,880,000 594,600 Tonel4 FL Frt a.TIF ApplimSos listed 8-29,4006 .. Note: 1.Tax estimates are based upon market value,construction costs and taxes per sqt t. 2.Assumes Fiscal Disparities is paid inside the district Prepared by Ehlers Copy M df plan—16 111212006 10 E H I R S. Page 2 of 2 Town Center Tax Increment District CITY OF EDEN PRAIRIEIEDEN PRAIRIE HRA Base Project Fiscal Captured Semi-Annual state Admin. Other Semi-Annual Semi-Annual PAYMENT DATE PERIOD BEGINNING Tax Tax Disparities Tax Gross Tax Auditor Net Tax Present PERIOD ENDING Yrs. Mth. Yr. Capacity Capacity Reduction Capacity Increment 0.36% <10.00% *A0%. -. ] Increment Value Yrs. Mth. Yr. Present Valuemte 01-Feb-07 0.0 1-Aug 2006 100,702 100,702 0.0 1-Feb 2007 0.0 1-Feb 2007 100,702 100,702 0 0 0 0 0 0 0 0 0.0 1-Aug 2007 0.0 1-Aug 2007 100,702 100,702 0 0 0 0 0 0 0 0 0.0 1-Feb 2008 0.0 1-Feb 2008 100,702 100,702 0 0 0 0 0 0 0 0 0.0 1-Aug 2008 0.0 1-Aug 2008 100,702 100,702 0 0 0 0 0 0 0 0 0.0 1-Feb 2009 0.0 1-Feb 2009 100,702 594,600 (178,268) 315,630 159,030 (573) (15,846) 0 142,612 120,803 0.5 1-Aug 2009 0.5 1-Aug 2009 100,702 594,600 (178,268) 315,630 159,030 (573) (15,846) 0 142,612 237,662 1.0 1-Feb 2010 1.0 1-Feb 2010 100,702 612,438 (184,707) 327,029 164,774 (593) (16,418) 0 147,763 354,789 1.5 1-Aug 2010 1.5 1-Aug 2010 100,702 612,438 (184,707) 327,029 164,774 (593) (16,418) 0 147,763 468,092 2.0 1-Feb 2011 2.0 1-Feb 2011 100,702 630,811 (191,338) 338,771 170,690 (614) (17,008) 0 153,068 581,630 2.5 1-Aug 2011 2.5 1-Aug 2011 100,702 630,811 (191,338) 338,771 170,690 (614) (17,008) 0 153,068 691,462 3.0 1-Feb 2012 3.0 1-Feb 2012 100,702 649,735 (198,169) 350,865 176,783 (636) (17,615) 0 158,532 801,501 3.5 1-Aug 2012 3.5 1-Aug 2012 100,702 649,735 (198,169) 350,865 176,783 (636) (17,615) 0 158,532 907,948 4.0 1-Feb 2013 4.0 1-Feb 2013 100,702 669,228 (205,204) 363,321 183,059 (659) (18,240) 0 164,160 1,014,574 4.5 1-Aug 2013 4.5 1-Aug 2013 100,702 669,228 (205,204) 363,321 183,059 (659) (18,240) 0 164,160 1,117,720 5.0 1-Feb 2014 5.0 1-Feb 2014 100,702 689,304 (212,451) 376,152 189,524 (682) (18,884) 0 169,958 1,221,022 5.5 1-Aug 2014 5.5 1-Aug 2014 100,702 689,304 (212,451) 376,152 189,524 (682) (18,884) 0 169,958 1,320,951 6.0 1-Feb 2015 6.0 1-Feb 2015 100,702 709,983 (219,915) 389,367 196,182 (706) (19,548) 0 175,929 1,421,014 6.5 1-Aug 2015 6.5 1-Aug 2015 100,702 709,983 (219,915) 389,367 196,182 (706) (19,548) 0 175,929 1,517,810 7.0 1-Feb 2016 7.0 1-Feb 2016 100,702 731,283 (227,603) 402,978 203,041 (731) (20,231) 0 182,079 1,614,719 T5 1-Aug 2016 7.5 1-Aug 2016 100,702 731,283 (227,603) 402,978 203,041 (731) (20,231) 0 182,079 1,708,464 8.0 1-Feb 2017 8.0 1-Feb 2017 100,702 753,221 (235,521) 416,998 210,105 (756) (20,935) 0 188,413 1,802,303 8.5 1-Aug 2017 8.5 1-Aug 2017 100,702 753,221 (235,521) 416,998 210,105 (756) (20,935) 0 188,413 1,893,079 9.0 1-Feb 2018 9.0 1-Feb 2018 100,702 775,818 (243,677) 431,439 217,381 (783) (21,660) 0 194,938 1,983,932 9.5 1-Aug 2018 9.5 1-Aug 2018 100,702 775,818 (243,677) 431,439 217,381 (783) (21,660) 0 194,938 2,071,819 10.0 1-Feb 2019 10.0 1-Feb 2019 100,702 799,093 (252,078) 446,313 224,875 (810) (22,407) 0 201,659 2,159,768 10.5 1-Aug 2019 10.5 1-Aug 2019 100,702 799,093 (252,078) 446,313 224,875 (810) (22,407) 0 201,659 2,244,845 11.0 1-Feb 2020 11.0 1-Feb 2020 100,702 823,065 (260,731) 461,633 232,594 (837) (23,176) 0 208,581 2,329,970 11.5 1-Aug 2020 11.5 1-Aug 2020 100,702 823,065 (260,731) 461,633 232,594 (837) (23,176) 0 208,581 2,412,315 12.0 1-Feb 2021 12.0 1-Feb 2021 100,702 847,757 (269,643) 477,412 240,544 (866) (23,968) 0 215,710 2,494,695 12.5 1-Aug 2021 12.5 1-Aug 2021 100,702 847,757 (269,643) 477,412 240,544 (866) (23,968) 0 215,710 2,574,385 13.0 1-Feb 2022 13.0 1-Feb 2022 100,702 873,190 (278,823) 493,666 248,733 (895) (24,784) 0 223,054 2,654,098 13.5 1-Aug 2022 13.5 1-Aug 2022 100,702 873,190 (278,823) 493,666 248,733 (895) (24,784) 0 223,054 2,731,209 14.0 1-Feb 2023 14.0 1-Feb 2023 100,702 899,386 (288,278) 510,406 257,168 (926) (25,624) 0 230,618 2,808,331 14.5 1-Aug 2023 14.5 1-Aug 2023 100,702 899,386 (288,278) 510,406 257,168 (926) (25,624) 0 230,618 2,882,936 15.0 1-Feb 2024 15.0 1-Feb 2024 100,702 926,367 (298,017) 527,649 265,856 (957) (26,490) 0 238,409 2,957,543 15.5 1-Aug 2024 15.5 1-Aug 2024 100,702 926,367 (298,017) 527,649 265,856 (957) (26,490) 0 238,409 3,029,714 16.0 1-Feb 2025 16.0 1-Feb 2025 100,702 954,158 (308,047) 545,409 274,804 (989) (27,382) 0 246,434 3,101,879 16.5 1-Aug 2025 16.5 1-Aug 2025 100,702 954,158 (308,047) 545,409 274,804 (989) (27,382) 0 246,434 3,171,688 17.0 1-Feb 2026 17.0 1-Feb 2026 100,702 982,783 (318,379) 563,702 284,021 (1,022) (28,300) 0 254,699 3,241,482 17.5 1-Aug 2026 17.5 1-Aug 2026 100,702 982,783 (318,379) 563,702 284,021 (1,022) (28,300) 0 254,699 3,308,998 18.0 1-Feb 2027 18.0 1-Feb 2027 100,702 1,012,267 (329,021) 582,544 293,515 (1,057) (29,246) 0 263,212 3,376,493 18.5 1-Aug 2027 18.5 1-Aug 2027 100,702 1,012,267 (329,021) 582,544 293,515 (1,057) (29,246) 0 263,212 3,441,784 19.0 1-Feb 2028 19.0 1-Feb 2028 100,702 1,042,635 (339,982) 601,951 303,293 (1,092) (30,220) 0 271,981 3,507,048 19.5 1-Aug 2028 19.5 1-Aug 2028 100,702 1,042,635 (339,982) 601,951 303,293 (1,092) (30,220) 0 271,981 3,570,180 20.0 1-Feb 2029 20.0 1-Feb 2029 100,702 1,073,914 (351,272) 621,940 313,364 (1,128) (31,224) 0 281,013 3,633,280 20.5 i-Aug 2029 20.5 1-Aug 2029 100,702 1,073,914 (351,272) 621,940 313,364 (1,128) (31,724) 0 281,013 3,694,320 21.0 1-Feb 2030 21.0 1-Feb 2030 100,702 1,106,131 (362,901) 642,529 323,738 (1,165) (32,257) 0 290,315 3,755,321 21.5 1-Aug 2030 21.5 1-Aug 2030 100,702 1,106,131 (362,901) 642,529 323,738 (1,165) (32,257) 0 290,315 3,814,331 22.0 1-Feb 2031 22.0 1-Feb 2031 100,702 1,139,315 (374,878) 663,735 334,423 (1,204) (33,322) 0 299,897 3,873,298 22.5 1-Aug 2031 22.5 1-Aug 2031 100,702 1,139,315 (374,878) 663,735 334,423 (1,204) (33,322) 0 299,897 3,930,341 23.0 1-Feb 2032 23.0 1-Feb 2032 100,702 1,173,495 (387,215) 685,578 345,428 (1,244) (34,418) 0 309,766 3,987,336 23.5 1-Aug 2032 23.5 1-Aug 2032 100,702 1,173,495 (387,215) 685,578 345,428 (1,244) (34,418) 0 309,766 4,042,471 24.0 1-Feb 2033 24.0 1-Feb 2033 100,702 1,208,699 (399,922) 708,076 356,764 (1,284) (35,548) 0 319,932 4,097,556 24.5 1-Aug 2033 24.5 1-Aug 2033 100,702 1,208,699 (399,922) 708,076 356,764 (1,284) (35,548) 0 319,932 4,150,843 25.0 1-Feb 2034 25.0 1-Feb 2034 100,702 1,244,960 (413,010) 731,249 368,440 (1,326) (36,711) 0 330,402 4,204,077 25.5 1-Aug 2034 25.5 I-Aug 2034 100,702 1,244,960 413,010 731,249 368,440 1,326 36,711 0 330,402 4,255,573 26.0 1-Feb 2035 Totals 14 668 093 13,115,372 47,076 (1,302,918) 0 11,726,265 Present Value 4,746,498 (17,094) (472,841) 0 NOTES: 1.State Auditor payment is based upon 1st half,pay 2006 actual and may increase over term of district 2.If increment is received is 2008,district will be shortened by one year 3.Amount of increment will vary depending upon market value,tax rates,class rates,construction schedule and inflation on Market Value. 4.Inflation on tax rates cannot be captured. 5.TIF does not capture state wide property taxes or market value property taxes Prepared by Ehlers Copy of tlf plan run.xls APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM (MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT) APPENDIX E-1 Min' TrsRK Please fill in date agreement signed(same as question 21) Minnesota Business Assistance Form ■ The Minnesota Business Assistance Form(MBAF)online is available at www.deed.state.mn.us/Conirnuniiy/subsidies/MBAFForm.htm to report each business subsidy(including Job Opportunity Zone(JOBZ)tax exemptions/credit)and financial assistance agreement signed from August 1,1999 through December 31,2005 unless goals have been achieved and reported on a MBAF per Minn.Stat. §116J.993 to§ 116J.995. ■ Assistance given to a business located in a JOBZone must report annually until December 31,2015 even if goals have been achieved. ■ The following government agencies must submit a MBAF: 1)any local government/agency that signed a business subsidy agreement since January 1,2000,or represents a population of more than 2,500;2)all state government agencies authorized to provide business subsidies. ■ DEED will contact any local or state government agency that is required to report but has not done so by April 1. Business assistance may not be awarded after June 1 of each year until a report has been submitted. ■ Questions? Call(651)296-0580. Information on where to mail or fax your completed MBAF(s)is on page 7. Section 1: Grantor Information 1.Name of grantor (funding entity) 2.Name of person completing this form 3.Street address 4.City 5.Zip Code 6.County 7.Phone number 8.Fax number 9.E-mail address 10.Please indicate who in your organization should receive the MBAF if different from the person in Question 2. Name/Tide Phone number Street address City Zip Code 11.Classification of grantor(Mark one.Ifgrantor is entity created 12.Has your organization held a public hearing on and adopted by gov't agency,please indicate affiliation. For example,a city criteria for awarding business subsidies in compliance with EDA would check "City government') Minn.Stat.§ I I6J.994? (Mark one.) ❑City government ❑ Yes,in 2006(attach criteria) ❑ Yes,in 2006 but have not yet adopted criteria ❑County government ❑ Yes,prior to 2006 ❑Regional government If Yes: Hearing Date: Year Criteria Submitted: ❑State government ❑ No ❑Other(Please specify) ❑ Other(Please attach explanation.) 13.Has your organization signed any agreements to award a business subsidy or financial assistance from August 1,1999 through December 31,2005 unless goals have been achieved and reported in a previously filed MBAF? (Mark one.) ❑ Yes(Complete the remainder of the form unless goals have been achieved and ❑ No(Stop here,go to section 5 on page 4.) reported in a previouslyfiled MBAF per Minn.Star. 1161..993 and§116J.994. Section 2: Recipient Information 14.Name of business or organization 15.Address where business subsidy or financial assistance receiving subsidy or financial assistance will be used Street address city State ZIP Code 16.Does the recipient have a parent corporation? (Mark one) ❑ Yes(Indicate name and address ofparent corporation below. If more than one,indicate ultimate owner.) ❑ No Name of parent corporation Street address city State ZIP Code Minnesota Business Assistance Form(12/9/05) Page 1 of 7 Dept.of Employment and Economic Development 17.Industry of recipient's facility(Mark one.): ❑Manufacturing ❑Services ❑Finance,Insurance,Real Estate ❑Retail Trade ❑Wholesale Trade ❑Construction ❑Other lease specify) 18.Did the recipient relocate as a result of signing this agreement? (Mark one.) ❑Yes(Indicate city and state ofprevious address and reason recipient did not complete this project at that address.) City/State of previous address Reason project not completed at previous address Indicate total number of employees who ceased to be employed by recipient when the recipient relocated to become eligible for the business subsidy. ❑No(Go to Question 19.) 19.What would recipient have done without business subsidy or financial assistance? (Mark one): ❑Remain at previous location,but not expand ❑Remain at previous location but expand at the location ❑Relocate to different Minnesota location ❑Relocated outside Minnesota ❑Other 19A.Was the project a result of eminent domain? ❑Yes ❑No Section 3: Agreement Information 20.Total dollar value of business subsidy or financial assistance 21.Date agreement signed(In addition to the agreement date, (Please separate value by type in Questions 24 and 25.) indicate any dates the agreement was amended.) (Enter zero for JOBZ,Biozone and Agzone projects.) 22.Benefit date(Indicate the date the recipient receives the business subsidy or improvements were finished,equipment was placed into service,or the recipient occupied the property,whichever is earlier.) 23.Does the agreement provide a business subsidy or one of the four types of financial assistance(see Question 25)required to be reported? (Mark one.) ❑business subsidy ❑financial assistance 24.If the agreement provided a business subsidy,please indicate the 25.If the assistance was one of the four types of financial assistance, type(s)and total dollar value for each type. please indicate the type(s). ❑not applicable,agreement provided financial assistance ❑not applicable,agreement provided a business subsidy ❑loan(only principal) $ ❑assistance for property ❑grant(i.e.,forgivable loan) $ by contaminants $ ❑tax abatement $ ❑assistance for renovating building ❑TIF or other tax reduction or deferral* $ stock or bringing it up to code,and ❑guarantee or payment $ assistance provided'for designated ❑contribution of property or infrastructure $ historic preservation districts,when ❑preferential use of governmental facilities $ 50 percent or less of total cost $ ❑land contribution $ ❑assistance for pollution control or ❑Biozone $ 0 abatement $ ❑JOBZ(state tax exemptions/credits and sales tax) $ 0 ❑assistance for a TIF soils ❑JOBZ-Agzone $ 0 condition district $ ❑other(Sped subsidy type.) $ (Note: no dollar value for zoneprojects) 26.If the assistance included tax increment financing,please indicate 27.Are any other grantors providing a business subsidy or financial the type of TIF district? (Mark one.) assistance to the same project? (Mark one.) ❑not applicable,assistance was not in the form of TIF ❑Yes(Speck each grantor and the value of their assistance below; attach an additional sheet if necessary. ❑redevelopment ❑renewal and renovation ❑soils condition Grantor Value($) ❑economic development ❑mined underground space ❑hazardous substance subdistrict Grantor Value($) ❑No *For questions about TIF reporting requirements contact Arlin Waelti(651)296-7676 at the Minnesota Office of the State Auditor. Minnesota Business Assistance Form(12/9/05) Page 2 of 7 Dept.of Employment and Economic Development Section JZ: JOZ Information Complete Questions JZ 1-JZ5 if the financial assistance was awarded to a JOBZ qualified business recipient receiving JOBZ benefits. (If not, go directly to Question 28.) , JZ1. What was the amount of private capital investment of the business in the JOBZ zone prior to December 31,2005? Real(land and buildings) $ Personal(equipment) $ JZ2. What amount of the qualified business's January 2,2005 taxable market value was exempt from property taxes payable in 2006 due to JOBZ qualification? (Please sped each parcel identification number and exempt value of each parcel,attaching an additional sheet if necessary. Obtain exempt values from the county assessor's office.) $ for Parcel Identification Number: JZ3. What was the value of Wind Energy Production Tax,if any,for the JOBZ qualified business that was operating during the period of January 1,2005 and December 31,2005? JZ4/JZ5: Goals and actual performance for the JOBZ qualified business recipient. Did the qualified business paid compensation including benefits to each employee of at least 110 percent of the federal poverty level for a family of four for each year($10.23 per hour as of July 1,2005)? ❑Yes ❑No (For JOBZ subsidy agreements signed after June 30,2005,compensation including benefits paid by a qualified business to each employee on an annualized basis must be at least 110 percent of the federal poverty level for a family of four for each year.) Each line represents an hourly wage level,please round wage levels to the nearest whole dollar and specify the hourly benefit for each wage level and the number of jobs(i.e.,$12.00 hourly wage level,$1.20 hourly benefits and 10 jobs). JZ4. Goals JZ5. Actuals Full-time Full-time Hourly Hourly Number of Hourly Hourly Number of Wage Level Benefits Jobs Wage bevel Benefits Jobs $ 7.00 $ 7.00 $ 8.00 $ 8.00 $ 9.00 $ 9.00 $10.00 $10.00 $11.00 $11.00 $12.00 $12.00 $13.00 $13.00 $14.00 $14.00 $15.00 $15.00 $16.00 $16.00 $17.00 $17.00 $18.00 $18.00 $19.00 $19.00 $20.00 $20.00 $21.00 $21.00 $22.00 $22.00 $23.00 $23.00 $24.00 $24.00 $25.00 $25.00 $26.00 $26.00 $27.00 $27.00 $28.00 $28.00 $29.00 $29.00 $30.00 $30.00 $31.00 and higher $31.00 and higher Minnesota Business Assistance Form(12/9/05) Page 3 of 7 Dept.of Employment and Economic Development JZ4/JZ5(continues) Part-time. Part-time Hourly Hourly Number of Hourly Hourly Number of Wage Level Benefits Jobs Wage Level Benefits Jobs $ 7.00 $ 7.00 $ 8.00 $ 8.00 $ 9.00 $ 9.00 $10.00 $10.00 $11.00 $11.00 $12.00 $12.00 $13.00 $13.00 $14.00 $14.00 $15.00 $15.00 $16.00 $16.00 $17.00 $17.00 $18.00 $18.00 $19.00 $19.00 $20.00 $20.00 $21.00 $21.00 $22.00 $22.00 $23.00 $23.00 $24.00 $24.00 $25.00 $25.00 $26.00 $26.00 $27.00 $27.00 $28.00 $28.00 $29.00 $29.00 $30.00 $30.00 $31.00 and higher $31.00 and higher Job Retention Job Retention Hourly Hourly Number of Hourly Hourly Number of Wage Level Benefits Jobs Wage Level Benefits Jobs $ 7.00 $ 7.00 $ 8.00 $ 8.00 $ 9.00 $ 9.00 $10.00 $10.00 $11.00 $11.00 $12.00 $12.00 $13.00 $13.00 $14.00 $14.00 $15.00 $15.00 $16.00 $16.00 $17.00 $17.00 $18.00 $18.00 $19.00 $19.00 $20.00 $20.00 $21.00 $21.00 $22.00 $22.00 $23.00 $23.00 $24.00 $24.00 $25.00 $25.00 $26.00 $26.00 $27.00 $27.00 $28.00 $28.00 $29.00 $29.00 $30.00 $30.00 $31.00 and higher $31.00 and higher Minnesota Business Assistance Form(12/9/05) Page 4 of 7 Dept.of Employment and Economic Development Section 4: Goals and Public Purpose Identified in the Agreement 28.Minn.Stat.§116J.994 requires that business subsidy and financial assistance agreements state a public purpose. Which of the following public purposes were stated in the agreement? (Mark all that apply.) ❑Enhancing economic diversity ❑Increasing tax base(cannot be only purpose) ❑Creating high-quality job growth ❑Job retention ❑Other(please specify) ❑Stabilizing the community 29.Indicate whether the agreement included the following types of goals,and whether the recipient had attained those goals at the time of this report. (Fill in the boxes and attainment date(s)for each goal.) Goals Target attainment All goals established? dates(month&year) attained? A)Specific wage and job goals to be attained within 2 years ❑Yes ❑No ❑Yes ❑No B)Other job-creation and/or retention goals ❑Yes ❑No ❑Yes ❑No C)Other wage goals ❑Yes ❑No ❑Yes ❑No D)Goals other than wage and job goals ❑Yes ❑No ❑Yes ❑No (Please attach description ofgoals andprogress toward attainment(i not documented in Questions 30 and 31.) 30. If you answered questions JZ4-JZ5 for a qualified business go directly to question 32. For each of the following wage categories, indicate the job creation and/or retention goals stated in the agreement and the average hourly value of any employer-provided benefits goals for those jobs. (Only indicate job creation goals in full-time equivalents if you are unable to separate goals by full-and part-time positions.) If you answered questions JZ4-JZ5 for a qualified business go directly to question 32. Full-time Hourly Wage Job Part-time Hourly Value of (excluding benefits) Creation Job Creation Job Retention Benefits no hourly wage-level goal $ less than$7.00 $ $7.00 to$8.99 $ $9.00 to$10.99 $ $11.00 to$12.99 $ $13.00 to$14.99 $ $15.00 to$16.99 $ $17.00 to$18.99 $ $19.00 to$20.99 $ $21.00 to$22.99 $ $23.00 to$24.99 $ $25.00 to$26.99 $ $27.00 to$28.99 $ $29.00 to$30.99 $ $31.00 and higher $ Minnesota Business Assistance Form(12/9/05) Page 5 of 7 Dept.of Employment and Economic Development 31. If you answered questions JZ4-JZ5 for a qualified business go directly to question 32. For each of the following wage categories, indicate the number of actual jobs created and/or retained since the benefit date and the actual hourly value of any employer-provided benefits for those jobs. (Only indicate job creation in full-time equivalents if you are unable to separate job creation into full-and part- time positions.) If you answered questions JZ4-JZ5 for a qualified business go directly to question 32. Full-time Hourly Wage Job Part-time Hourly Value of (excluding benefits) Creation Job Creation Job Retention Benefits less than$7.00 $ $7.00 to$8.99 $ $9.00 to$10.99 $ $11.00 to$12.99 $ $13.00 to$14.99 $ $15.00 to$16.99 $ $17.00 to$18.99 $ $19.00 to$20.99 $ $21.00 to$22.99 $ $23.00 to$24.99 $ $25.00 to$26.99 $ $27.00 to$28.99 $ $29.00 to$30.99 $ $31.00 and higher $ 32.Has the recipient achieved all goals(see Question 29,30 and 31)and fulfilled all obligations stipulated in the agreement(Mark one.) ❑Yes ❑No Section 5: Recipients Failing to Fulfill Obligations (Do not complete this section ifyou completed it on another MBAF submitted to DEED. 33.During the period January 1,2005 through December 31,2005,did your organization have any recipients who failed to report as required by Minn.Stat.§116J.993 and§116J.994? (Mark one.) ❑Yes(Indicate the name of each recipient failing to report and the value of subsidy or financial assistance awarded to that recipient. Attach additional pages ifnecessary.) Name of recipient Type of subsidy or assistance(See Questions 24&25.) Value of subsidy or assistance ❑No 34.Did your organization have any recipients who failed to achieve any goals or fulfill any other obligations under an agreement signed on or after January 1,2005,that were required to be fulfilled by the time of this report? (Mark one.) ❑Yes(Complete the remainder of this section.) ❑No(Stop here and submit form to DEED.) Minnesota Business Assistance Form(12/9/05) Page 6 of 7 Dept.of Employment and Economic Development For questions 35-39: Provide the following information for each recipient failing to fulfill goals or any other terms of an agreement that were to be attained by the time of reporting. (Attach additional a es if necessary.) 35.Information on recipient and agreement: Name of recipient in default Type of subsidy or assistance Initial value of subsidy or assistance Street address of recipient City/Zip code of recipient Outstanding value of subsidy or assistance 36.Reason(s)for default(Mark all that apply.): ❑recipient ceased operation ❑recipient relocated to a different community ❑recipient was unable to fill vacant positions ❑other(Specify reason.) 37.To date,has the recipient fulfilled its repayment obligation? (Mark one.) ❑Yes ❑No,recipient has be to repay the assistance. ❑No,recipient has not begun to repay the assistance. 38.Has the agreement been amended to extend the recipient's deadline for fulfilling its obligations? (Mark one.) ❑Yes ❑No 39.Describe the steps being taken to bring recipient into compliance or recoup the subsidy: Return your completed MBAF(s)by April 1,2006 EITHER Mail To: Minnesota Business Assistance Report Minnesota Department of Employment and Economic Development—Analysis and Evaluation I"National Bank Building 332 Minnesota Street, Suite E200 St.Paul,Minnesota 55101-1351 OR Fax To: (651)215-3841 (Next year,please use the online version of this form. It can be found at www.deed.state.mn.us/Community/subsidies/MBAFForm.htm.) Minnesota Business Assistance Form(12/9/05) Page 7 of 7 Dept.of Employment and Economic Development APPENDIX F REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT APPENDIX F-1 REPORT OF INSPECTION PROCEDURES AND RESULTS FOR DETERMINING QUALIFICATIONS OF A TAX INCREMENT FINANCING DISTRICT AS A REDEVELOPMENT DISTRICT Solomon Development District Eden Prairie,Minnesota LHB Project No.060298.10 August 30, 2006 4,1 �Fy a+ w .« w : `YS��Fii �w En �i�•I�I� '.. ylirlr �' v r� k'4R _ Prepared For The City of Eden Prairie Prepared by i LHB, Inc. 250 Third Avenue North, Suite 450 Minneapolis, Minnesota 55401 TABLE OF CONTENTS P-ge PART 1 Executive Summary...............................................................................3 Purpose of Evaluation................................................................3 Scopeof Work...........................................................................4 Conclusion.................................................................................4 PART 2 Minnesota Statute 469.174, Subdivision 10 Requirements...................4 PART 3 Procedures Followed..............................................................................6 PART4 Findings..................................................................................................7 A. Coverage Test............................................................................7 B. Condition of Building Test........................................................8 1. Replacement Cost................................................................8 2. Code Deficiencies................................................................8 3. System Condition Deficiencies............................................9 C. Distribution of Substandard Structures....................................10 PART 5 Team Credentials.................................................................................11 APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code and Condition Deficiencies Reports APPENDIX C Property Condition Assessment Code Deficiency Cost Reports Photographs Page 2 PART 1 —EXECUTIVE SUMMARY PURPOSE OF EVALUATION LHB was hired by the City of Eden Prairie to inspect and evaluate the properties within a Tax Increment Financing Redevelopment District ("TIF District") proposed to be established by the City. The proposed TIF District is located between Singletree Lane and Flying Cloud Drive, and is bisected by Eden Road (Diagram 1). The purpose of LHB's work was to determine whether the proposed TIF District meets the statutory requirements for coverage, and whether four buildings on six parcels, located within the proposed TIF District, meet the qualifications required for a Redevelopment District. " fit ba inglet' La awmwk a$1 r /WE r � 41 Re r al Ce r�t0a , ,r o Ux z Diagram I —Proposed TIF District Page 3 SCOPE OF WORK The proposed TIF District consists of six(6)parcels with four(4) commercial structures. Three of the buildings in the proposed TIF District received an on-site interior and exterior inspection. Two of the buildings were inspected on June 8, 2006, and the third was inspected on June 14, 2006. One building was not inspected because the inspector was denied access to the building. Building code and Condition Deficiency reports for each building inspected by LHB are located in Appendix B. CONCLUSION After inspecting and evaluating the properties within the proposed TIF District and applying current statutory criteria for a Redevelopment District under Minnesota Statutes, Section 469.174, Subdivision 10, it is our professional opinion that the proposed TIF District qualifies as a Redevelopment District. The remainder of this report describes our process and findings in detail. PART 2—MINNESOTA STATUTE 469.174, SUBDIVISION 10 REQUIREMENTS The properties were inspected in accordance with the following requirements under Minnesota Statutes, Section 469.174, Subdivision 10(c), which states: Interior Inspection "The municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property..." Exterior Inspection and Other Means "An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property;and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." Documentation "Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3(1)." Qualification Requirements Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied parcels: A. Coverage Test ..."parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, or paved or gravel parking lots" Page 4 The coverage required by the parcel to be considered occupied is defined under Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: "For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel parking lots unless 15 percent of the area of the parcel contains building, streets, utilities, or paved or gravel parking lots." B. Condition of Buildings Test ..."and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;" 1. Structurally substandard is defined under Minnesota Statutes, Section 469.174, Subdivision 10(b), which states: "For purposes of this subdivision, `structurally substandard' shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Definition of Substantial Renovation Because "Substantial renovation" can mean different things to different people, LHB has attempted to clarify exactly what we consider to be "substantial renovation" as it relates to Minnesota Statutes, Section 469.174, Subdivision 10(a) (1). a. First we researched national standards as to how much building owners should budget for annual maintenance and repair on their buildings as a percentage of replacement cost of the building. 1. According to the University of California "Facilities Renewal Budget Model" report of 1999, building owners should budget between two and three percent of current replacement value of their buildings for maintenance and repair work. This does not include routine janitorial work and routine items such as changing light bulbs and filters. 2. According to the Building Research Board of the National Research Council, one and one-half to three percent of a building's replacement value should be budgeted for maintenance and repair. b. Based on this information, LHB utilized two and one-half percent as the desired amount of maintenance and repair that should be budgeted annually to keep a building in good working condition. We recognize through experience that only a small percentage of sophisticated building owners actually budget for and spend this amount of money every year on maintenance and repair. This is because most business owners are driven by other budgetary issues and tend to neglect the building maintenance and repair line items in their annual budgets. Page 5 c. By establishing how much a building owner should be budgeting per year for maintenance and repairs, LHB is of the opinion that we could more easily establish an amount that would be considered "substantial" in comparison. If an owner is budgeting 2.5 percent of the building's replacement cost annually, most business owners or home owners would have to take out a loan to cover the cost of a substantial building improvement. Assuming they had a fixed level of income to work with, they would have to keep the loan payment at a level very near the original 2.5 percent they should have been budgeting each year. In addition, they still would have to budget for the original 2.5 percent on top of the loan. In most cases, the mortgage terms would have to extend out to a point beyond the life expectancy of the building they were trying to improve, as most buildings built in the past fifty years are not designed to last beyond 40 years. d. Based on the calculations described above, we have defined substantial renovation for purposes of Minnesota Statutes, Section 469.174, Subdivision 10(a)(1), as renovation with costs exceeding 20% of the building's replacement value. 2. Buildings are not eligible to be considered structurally substandard unless they meet certain additional criteria, as set forth in Subdivision 10(c)which states: "A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence." "Items of evidence that support such a conclusion [that the building is not disqualified] include recent fire or police inspections, on-site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence." PART 3—PROCEDURES FOLLOWED A. Three of the buildings in the proposed TIF District received an on-site interior and exterior inspection. Two of the buildings were inspected on June 8, 2006, and the third was inspected on June 14, 2006. One building was not inspected because the inspector was denied access to the building. Page 6 PART 4—FINDINGS A. Coverage Test 1. The total square foot area of each parcel in the proposed TIF District was obtained from City records, GIS mapping and site verification. 2. The total square foot area of buildings and site improvements on the parcels in the proposed TIF District was obtained from City records, GIS mapping and site verification. 3. The percentage of coverage for each parcel in the proposed TIF District was computed to determine if the 15 percent minimum requirement was met. The total square footage of parcels meeting the 15 percent requirement was divided into the total square footage of the entire district to determine if the 70 percent requirement was met. Finding: The proposed TIF District met the coverage test under Minnesota Statutes, Section 469.174, Subdivision 10(e), which resulted in parcels consisting of 99 percent of the area of the proposed TIF District being occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures (Diagram 2). This exceeds the 70 percent area coverage requirement for the proposed TIF District under Minnesota Statutes, Section 469.174, Subdivision (a) (1). SKI ON, 171 � \ W a t w a 5 a a WW fA > Diagram 2—Coverage Diagram Shaded area depicts a parcel more than 15 percent occupied by buildings,streets,utilities, Paved or gravel parking lots or other similar structures Page 7 B. Condition of Building Test 1. Replacement Cost The first step in evaluating a building to determine if it is substandard to a degree requiring substantial renovation or clearance is to determine its replacement cost. This is the cost of constructing a new structure of the same square footage and type on site. Replacement costs were researched using R.S. Means Cost Works square foot models for 2006. A replacement cost was calculated by first establishing building use (office, retail, residential, etc.), building construction type (wood, concrete, masonry, etc.), and building size to obtain the appropriate median replacement cost, which factors in the costs of construction in Eden Prairie,Minnesota. Replacement cost includes labor, materials, and the contractor's overhead and profit. Replacement costs do not include architectural fees, legal fees or other "soft" costs not directly related to construction activities. Replacement cost for each building is tabulated in Appendix A. 2. Code Deficiencies The next step in evaluating a building is to determine what code deficiencies exist with respect to such building. Code deficiencies are those conditions for a building which are not in compliance with current building codes applicable to new buildings in the State of Minnesota. Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a building cannot be considered structurally substandard if its code deficiencies are not at least 15 percent of the replacement cost of the building. As a result, it was necessary to determine the extent of code deficiencies for each building in the proposed TIF District. The evaluation was made by reviewing all available information with respect to such buildings contained in City Building Inspection records and making interior and exterior inspections of the buildings. LHB utilizes the 2003 Minnesota State Building Code as the official code for our evaluations. The Minnesota State Building Code is actually a series of provisional codes written specifically for Minnesota only requirements, adoption of several international codes, and amendments to the adopted international codes. We chose not to count energy code deficiencies toward the thresholds required by Minnesota Statutes, Section 469.174, Subdivision 10(b) and 10(c), due to concerns expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc. vs. City of Richfield case filed November 13, 2001. After identifying the code deficiencies in each building, we used R.S. Means Cost Works 2006, Unit and Assembly Costs to determine the cost of correcting the Page 8 identified deficiencies. We were than able to compare the correction costs with the replacement cost of each building to determine if the costs for correcting code deficiencies meet the required 15 percent threshold. Finding: Three (3) out of four(4) buildings (75 percent) in the proposed TIF District contained code deficiencies exceeding the 15 percent threshold required by Minnesota Statutes, Section 469.174, Subdivision 10(c). A complete Building Code and Condition Deficiency report for each building in the proposed TIF District can be found in Appendix B of this report. 3. System Condition Deficiencies If a building meets the minimum code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), then in order for such building to be "structurally substandard" under Minnesota Statutes, Section 469.174, Subdivision 10(b), the building's defects or deficiencies should be of sufficient total significance to justify "substantial renovation or clearance." Based on this definition, LHB re-evaluated each of the buildings that met the code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted "substantial renovation or clearance"based on the criteria we outlined above. System condition deficiencies are a measurement of defects or substantial deterioration in site elements, structure, exterior envelope, mechanical and electrical components, fire protection and emergency systems, interior partitions, ceilings, floors and doors. The evaluation of system condition deficiencies was made by reviewing all available information contained in City records, and making interior and exterior inspections of the buildings. LHB only identified system condition deficiencies that were visible upon our inspection of the building or contained in City records. We did not consider the amount of "service life" used up for a particular component unless it was an obvious part of that component's deficiencies. After identifying the system condition deficiencies in each building, we used our professional judgment to determine if the list of deficiencies would total more than 20 percent of the replacement value of the building when added to the cost of total code deficiencies. For example, if a building with a replacement value of$100,000 had 17 percent code deficiencies, we would look at the list of system condition deficiencies and make a professional judgment that the cost of fixing the system condition deficiencies would be at least $3,000 (3 percent), in order for that building to be considered substandard. Finding: In our professional opinion, three (3) of the four (4) buildings (75 percent) in the proposed TIF District are structurally substandard to a degree requiring substantial Page 9 renovation or clearance, because of defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. C. Distribution of substandard structures Much of this report has focused on the condition of individual buildings as they relate to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10. It is also important to look at the distribution of substandard buildings throughout the geographic area of the proposed TIF District(Diagram 3). Finding: The substandard buildings are reasonably distributed throughout the geographic area of the proposed TIF District. 'J �Df € Q r t gn h A ` �41V \ 4 0 40,40 Av a •'+. Diagram 3 —Substandard Buildings Shaded area depicts parcels with substandard buildings Page 10 PART 5-TEAM CREDENTIALS Michael A. Fischer,AIA -Project PrincipaUTIFAnalyst Michael has nineteen years of architectural experience as project principal, project manager, project designer and project architect on municipal planning, educational, commercial and governmental projects. He is a Vice President at LHB and currently leads the Community Design Group in LHB's Minneapolis office. Michael completed a two-year Bush Fellowship at the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning and Real Estate Development. Michael has served on over 35 committees, boards and community task forces, including a term as City Council President and Chair of the Duluth/Superior Metropolitan Planning organization. He is currently a Planning Commissioner in Edina, Minnesota. He was one of four architects in the country to receive the National "Young Architects Citation" from the American Institute of Architects in 1997. Todd Koneczny,ALA—Project Manager/Inspector Todd has twenty-one years of design and construction experience in a wide variety of building projects for municipal, institutional, healthcare and commercial clients. His responsibilities often include project management, architectural design, construction document preparation and construction administration. His seventeen years of design experience and four years of construction management experience have given him the ability to understand all aspects of building systems and components. Jerry A. Putnam,AL4, FCSI, CCS—Project Manager/Inspector Jerry is a senior architect in LHB's Minneapolis office with twenty-five years of experience in all phases of the architectural process, from pre-design through construction administration, including specialty consulting in investigations for buildings, building condition surveys, TIF inspections, code reviews, estimating and specification writing. Jerry is an active member in the Construction Specification Institute (CSI). He has been recognized as a Fellow of CSI for his dedication and leadership in the construction industry. In addition to being past president of the largest CSI chapter in the United States, he serves on many local, regional and national committees, and has given presentations at many specification writing classes and workshops. Bruce Chalupsky,ASLA—GIS/Coverage Analysis Bruce has more than ten years of experience as a landscape architect/planner. During this time, he has specialized on site master planning for public and private clients. Bruce has also pursued specialization in Geographic Information Services (GIS) and is proficient in the administration of community data and the production of maps for a variety of needs. M:\06Proj\060298\ADMN\F200 Design\F201 General Information\F201-3 Reports\Final Report\Final Redevelopment report Solomon 08-30-06.doc Page 11 APPENDIX G FINDINGS INCLUDING BUT/FOR QUALIFICATIONS But-F4 Analysis Current Market Value $5,072,600 New Market Value-Estimate $29,880,000 Difference $24,807,400 Present Value of Tax Increment $4,745,498 Difference $20,061,902 Value Likely to Occur Without TIF is Less Than: $20,061,902 APPENDIX G-1 LOMON Barsness REAL STATE GROUP Consulting 'Where. Wlsdonj and OpportunkV Meet" eTviceS, Inc, To: Janet Jeremiah, Eden Prairie Community Development Director Sid Inman and Mark Ruff, Ehlers and Associates From: Jay Scott, Solomon Real Estate Group (952-974-9200) Cathy Bennett, Project Consultant,BCS (651-257-4613) Date: October 13, 2006 RE: Tax Increment"But For"Bullet Points Solomon Office Retail Redevelopment, Eden Prairie Summary ofproject Solomon Real Estate("Solomon")has prepared a concept plan("Plan")that is being designed to meet the recently adopted City of Eden Prairie's Major Center Area Master Plan("Master Plan"). The Plan provides for a mix of retail and office uses in a 5-story building with two anchor restaurants on each side at the corner of Single Tree Lane and Flying Cloud Drive("Project"). The Project will be designed to meet the City's vision for the front door of the Major Center Area,and will therefore,be a catalyst to the future development of the Major Center Area. The Project is viable only if Tax Increment Financing is available for the full 25 year term, within the to be designated Redevelopment District. Twenty five(25)years of Increment,estimated to amount to a net present value of$4.5 million,is required for reasons that include,without limitation,the following: • The dense vertical mix of uses in the Project with ground retail and 4 levels of offices)must be served with underground parking and a two story split level parking garage. The parking garage construction is very costly at over$7 million. This amounts to $15,000 cost per stall. Compared to a surface parking scenario of only$5,000 per stall there is a$10,000 per stall additional cost to the development due to the parking ramp. The Project site can not accommodate the density desired by the City without the parking garage. 1 • Also,the proposal includes $192,000 in added costs for the construction of the parking ramp to accommodate parking for future redevelopment within the Major Center Area,including the WalMart site.The additional costs will be spent on upgrading and increasing the size and strength of the footing and foundation of the ramp to allow for the possible ramp expansion in the future. • The Project site is the sum of a complicated and costly land assemblage. With no threat of eminent domain,due to recent statewide legislation,Solomon lost important leverage in its negotiations. Furthermore,Walgreens'past offer for a portion of the Property greatly inflated the land price. • The added land costs greatly hamper and challenge the redevelopment efforts. Without the threat of eminent domain and the previous inflated offer(e.g., Walgreens),the amount required to purchase the Property is between$27-$33 per square foot,causing a gap between$12-$15 per square foot or a total of approximately$2.75 million. The lost threat of eminent domain can not be overlooked or downplayed. The recent"public use/purpose"legislation changed the economic framework and viability of redevelopment projects. • In addition to the land cost,demolition and environmental clean up costs associated with redevelopment will be incurred in the amount of approximately $300,000. • Without Tax Increment Financing assistance,Solomon can not achieve a reasonable return. The industry standard return for a commercial project is at least 9%. Without TIF,there is only a 7%return achieved and even a lower cash on cash return of 4%. Solomon will not be able to finance the Project with such low returns. However,Solomon is willing to accept an 8%return,but this can not be achieved without capturing$4.5 million in tax increment generated by the project over 25 years. Alternatives: If the maximum increment is not available for 25 years,Solomon would be forced to consider different redevelopment scenarios,including: • Reducing the Project scope and density to a single level traditional suburban commercial development with surface parking. This concept does not achieve the City's Master Plan goals and reduces significantly the amount of market value. • Consider a mixed retail and luxury housing plan that reduces the demand on parking. This concept could generate more increment earlier in the term of the district so that Solomon's need for the increment could be reduced from 25 to 15 (within the City's existing TIF policies). 2 • Maintain and re-lease the Property as is. This option would reduce the future ability to redevelop the area to achieve the City's Master Plan and maintain the corner as undesirable. Conclusion: Solomon is committed,both financially and professionally,to partner with the City on the Project. Solomon demands a high standard to its developments and as a business in the City wants to ensure the best possible development. However,to maximize the Project's potential and be a catalyst for the City's Center Master Plan,Solomon must be able to capture the maximum available increment for 25 years,as outlined and summarized below,to ensure a slim return of 8%. Project Description Gap Project purchase gap $2,750,000 Demolition&z Environmental Clean-up $300,000 Added Ramp Cost for Future Expansion $192,000 Added Parking Gap between ramp cost and surface costs $2,780,000 Total Redevelopment Gap $6,022,000 Amount Needed to achieve an 8%Project Return $4,500,000 3 EHLERS & ASSOCIATES INC To: Janet Jeremiah,Community Development Director ODavid Lindahl,Manager of Economic Development From: Sid Inman—Ehlers&Associates CW Mark Ruff—Ehlers&Associates G Date: December 13,2006 Subject: Solomon Real Estate Group—Request for Tax Increment Assistance The Solomon Real Estate Group has proposed a development on the Town Center site and is requesting tax increment assistance. The proposal contemplates a five story retail/office facility (approximately 137,000 s.f,gross building area)with 437 structured,underground,and surface parking spaces. The structured parking would also be sized and located to enable usage from future mixed-use developments in the City's long-term plan for redevelopment of the Wal-Mart site immediately to the east and public spaces on the site of two automotive maintenance facilities. In order to review the developer's request, Ehlers examined various documents provided by the developer. We reviewed a detailed sources and uses, operational pro forma, and various return on equity analyses. In addition the developer provided us with a written description of the need for tax increment assistance. As part of the analysis we compared the cost of the redevelopment of this site to similar sites with no redevelopment problems to determine the actual size of the financial gap. The first redevelopment cost we reviewed is the land acquisition component. We reviewed the difference between the developer's land cost of$6,048,000 and market rate land acquisition without existing buildings. Currently land is selling for up to$18 per s.f.on major highways in Eden Prairie. The site is approximately 4.19 acres,which at$18 per s.f.would yield a value of$3,285,000. Therefore,the incremental redevelopment cost for land is approximately$6,048,000 less$3,285,000 or$2,763,000. The second redevelopment cost is the structured parking. The site size would not allow the density of the project without structured parking.The cost of structured parking is approximately$7,000,000 or$15,000 per stall for 467 stalls. The developer has indicated that the additional cost of a ramp above surface parking is$10,000 per stall,which leads to a redevelopment cost of$4,670,000.A key issue in the analysis is the percentage of ramp that is attributable to the office/retail uses and the percentage that is related to accomplishing goals such as more intense use of the land as well as the larger redevelopment of adjacent parcels. The developer has stated that the percentage is 60%,would mean that the ramp results in$2,780,000 in extraordinary costs. The third redevelopment cost is environmental clean-up and demolition. This amount is estimated to be$300,000. The developer is representing that to achieve their minimum return,the tax increment must cover extraordinary redevelopment costs of$4,500,000. Their documents show that without this assistance,they can only produce a return of cost of 7.34%(net operating income divided by total project cost). The developer has requested a return on cost of 8%. LEADERS IN PUBLIC FINANCE ........ kw Centre Pointe Drive Phone: 651-697-8507 Fax: 651-697-8555 Roseville,MN 55113-1105 sid@ehlers-inc.com Ehlers has reviewed the documents and believe that the expenses and revenues shown are within industry standards and the request for tax increment assistance is reasonable based on the documents provided. Ehlers has also prepared an analysis of the available tax increment. Based on the projected assessor's market values of the purposed project and the timing of construction the project will not produce the requested tax increment within existing city policies. The developer has requested that the city consider varying some of its tax increment policies to increase the amount of tax increment available to the project. Fiscal Disparities Election The current law allows a city to decide if fiscal disparities will be paid from within the tax increment district or outside the tax increment district. Paying the fiscal disparities from inside the tax increment district reduces the available tax increment by up to 40%. Paying the fiscal disparities from outside of the tax increment district requires that they be paid by all other tax payers in the city.At the current time the city has a policy that fiscal disparities will be paid from inside the tax increment district and not spread to other tax payers in the city.Ehlers would not recommend that you vary from this policy. Percent of Tax Increment Used At the current time the city has a policy that it only provides 80% of the annual tax increment. Under current law the use of the 20%that is left is highly regulated and can only be used on similar redevelopment projects. Based on the redevelopment objectives that the city has for this area Ehlers recommends that you vary from your policy to 90%for this project. Term of the Tax Increment District At the current time the city has a policy that it limits the term on a tan increment district to 15 years of assistance. Based on the redevelopment objectives that the city has for this area Ehlers recommends that you vary from your policy to allow up to 26 years of tax increment. We are continuing to negotiate with the developer about the minimum market value required for the project. Assuming a$33M valuation for the development in the district and with these policy changes the tax increment projections show that assuming no inflation in assessor's market value, the estimated amount of tax increment is approximately$3,420,000.It would take around a 2.6% annual increase in assessor's market values for the development to achieve the$4,500,000 requested TIF assistance. If the valuation is higher,the amount of inflation would be lower. Therefore to proceed with the purposed development Ehlers would recommend the following terms and conditions: 1. The city agrees to create a Redevelopment Tax Increment Financing District. 2. The maximum term of the tax increment district is 25 years after the receipt of the first tax increment. 3. The tax increment district will have a fiscal disparities election of`B"or inside the district. 4. The developer will agree to construct certain minimum improvements. 5. The city agrees to provide up to a maximum of$4,500,000 in tax increment assistance to the development for qualified costs. 6. The qualified costs are estimated to be as follows: A. Land Write Down $2,700,000 B. Demo/Env. Costs 300,000 B Parking 1,500,000 7. The method of providing the tax increment is through a"pay-as-you-go"TIF note which significantly reduces the financial risk of the City. 8. The obligation shall have an interest rate of 6.75% 9. The date in which the interest starts is the date that the developer provides the city with documents showing the actual amount of qualified costs expended for project costs. 10. The annual amount of the tax increment paid to the developer is 90%of annual receipts. 11. Any annual amount paid to the developer in excess of annual interest will be applied to principal. 12. The annual payment of the tax increment is subject to the payment of all special assessment payments in the project. 13. The city will require a"Look Back"provision in the redevelopment agreement to recapture TIF if the building is sold or if qualified costs are lower. 14. As long as the agreement is in place,the developer cannot transfer or sell the TIF note without consent of the City. Please let me know if you have questions or comments. SOLOMON Baxsness REAL ESTATE GROUP Consulting 'Where Wisdom and Opportunity fret' Services, Inc. To: Janet Jeremiah, Eden Prairie Community Development Director Sid Inman and Mark Ruff, Ehlers and Associates From: Jay Scott, Solomon Real Estate Group (952-974-9200) Cathy Bennett, Project Consultant,BCS (651-257-4613) Date: October 13, 2006 RE: Tax Increment "But For"Bullet Points Solomon Office Retail Redevelopment,Eden Prairie Summary ofProject Solomon Real Estate("Solomon")has prepared a concept plan("Plan")that is being designed to meet the recently adopted City of Eden Prairie's Major Center Area Master Plan("Master Plan"). The Plan provides for a mix of retail and office uses in a 5-story building with two anchor restaurants on each side at the corner of Single Tree Lane and Flying Cloud Drive("Project"). The Project will be designed to meet the City's vision for the front door of the Major Center Area,and will therefore,be a catalyst to the future development of the Major Center Area. The Project is viable only if Tax Increment Financing is available for the full 25 year term, within the to be designated Redevelopment District. Twenty five(25)years of Increment,estimated to amount to a net present value of$4.5 million,is required for reasons that include,without limitation,the following: • The dense vertical mix of uses in the Project(with ground retail and 4 levels of offices)must be served with underground parking and a two story split level parking garage. The parking garage construction is very costly at over$7 million. This amounts to$15,000 cost per stall. Compared to a surface parking scenario of only$5,000 per stall there is a$10,000 per stall additional cost to the development due to the parking ramp. The Project site can not accommodate the density desired by the City without the parking garage. 1 • Also,the proposal includes $192,000 in added costs for the construction of the parking ramp to accommodate parking for future redevelopment within the Major Center Area,including the WalMart site.The additional costs will be spent on upgrading and increasing the size and strength of the footing and foundation of the ramp to allow for the possible ramp expansion in the future. • The Project site is the sum of a complicated and costly land assemblage. With no threat of eminent domain,due to recent statewide legislation,Solomon lost important leverage in its negotiations. Furthermore Wal 'past offer for a P g g �eens portion of the Property greatly inflated the land price. • The added land costs greatly hamper and challenge the redevelopment efforts. Without the threat of eminent domain and the previous inflated offer(e.g., P ( g Walgreens),the amount required to purchase the Property is between$27 $33 per square foot,causing a gap between$12-$15 per square foot or a total of approximately$2.75 million. The lost threat of eminent domain can not be overlooked or downplayed. The recent"public use/purpose"legislation changed the economic framework and viability of redevelopment projects. • In addition to the land cost,demolition and environmental clean up costs associated with redevelopment will be incurred in the amount of approximately P PP Y $300,000. • Without Tax Increment Financing assistance,Solomon can not achieve a reasonable return. The industry standard return for a commercial project is at least 9%. Without TIF,there is only a 7%return achieved and even a lower cash on cash return of 4%. Solomon will not be able to finance the Project with such low returns. However,Solomon is willing to accept an 80/6 return,but this can not be achieved without capturing$4.5 million in tax increment generated by the project over 25 years. Alternatives: If the maximum increment is not available for 25 years,Solomon would be forced to consider different redevelopment scenarios,including: • Reducingh Pr traditional suburban the Project scope and density to a single level tradit nal sub b n commercial development with surface parking. This concept does not achieve the City's Master Plan goals and reduces significantly the amount of market value. • Consider a mixed retail and luxury housing plan that reduces the demand on parking. This concept could generate more increment earlier in the term of the district so that Solomon's need for the increment could be reduced from 25 to 15 (within the City's existing TIF policies). 2 • Maintain and re-lease the Property as is. This option would reduce the future ability to redevelop the area to achieve the City's Master Plan and maintain the corner as undesirable. Conclusion: Solomon is committed,both financially and professionally,to partner with the City on the Project. Solomon demands a high standard to its developments and as a business in the City wants to ensure the best possible development. However,to maximize the Project's potential and be a catalyst for the City's Center Master Plan,Solomon must be able to capture the maximum available increment for 25 years,as outlined and summarized below,to ensure a slim return of 8%. Project Description Gap Project purchase gap $2,750,000 Demolition&Environmental Clean-up $300,000 Added Ramp Cost for Future Expansion $192,000 Added Parking Gap between ramp cost and surface costs $2,780,000 Total Redevelopment Gap $6,022,000 Amount Needed to achieve an 8%Project Return $4,500,000 3 DRAFT 12/07/06 ^gym DEVELOPMENT AEG;,,, E T BY AND Bf N U Kliq r N y THE HOUSING AND LOPMENT AWMSOTA 0ITY IN AND FOR THE CITY F IRIE, VMS3 A, LLC .10 p$ a olui 2006 EP Yk TABLE OF CONTENTS ARTICLE I DEFINITIONS ........................................................................................................... 1 SectionI.I. Definitions.................................................................................................... 1 ARTICLE II REPRESENTATIONS AND WARRANTIES.........................................................3 Section 2.1. Representations and Warranties of the Authority ; ...................................3 Section 2.2. Representations and Warranties of the Develor . ... ..............................4 ANOR ARTICLE III UNDERTAKINGS BY DEVELOPER AND A Y.................................5 Section 3.1. Project; Site Improvements/Preparation 5 ......... Section 3.2 Reimbursement, Special Service DJ11 pecial A sments......:..........5 Section 3.3. Tax Increment Note;Reimburse ent to eveloper.... ........................7 Section 3.4. Compliance With Income andf-"ent Re q 'rements...... ............ 8 Section 3.5. Business Subsidies Act 8 Section 3.6. Assessment Agreement..... 8 ........ �. ...... ................... ARTICLE IV EVENTS OF DEFAULT 8 ....... ........ Section 4.1. Events of Default Ie . .................................... 8 .... �T Section 4.2. Remedies on Default ' ... 8 Section 4.3. No Remedy Exclusive T..........................................9 . Section 4.4. No Implied Waiver � . ��� ................................................9 Section 4.5. Agr m ,o Pay Attorri Fees andpenses....................... 9 .. Section 4.6. I m of Author ....... ............... ..............................................9 ARTICLE V ADDITI PR SIONS ...... ","�1" .............................................................. 10 Section 5 1 Rest ctior [7se.............................................................. 10 440 Sect'. onflicnterest ....................................................................... 10 Ston 5.3. �of Aii�l s and Sections 10 yesction 5.4. No an r s ......................................................................... 11 on 5.5. Coun"Z�ftarts „... ......... 11 ......................................................................... Se5.6. Lawerning.......................................................................................... 11 Secti6*, Expiratl 11 .................................................................... Section It Pis* s Surviving Rescission or Expiration.......................................... 11 . i, 1, SIGNATURES.......... ........................................................................................................ 12 & 13 EXHIBIT A: LEGAL DESCRIPTION .....................................................................................A-1 EXHIBIT B: FORM ASSESSMENT AGREEMENT..............................................................B-1 EXHBITI C: FORM OF TAX INCREMENT NOTE...............................................................C-1 i DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the day of , 2006, by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota(the "Authority"), a public body corporate and politic organized and existing under the laws of the State of Minnesota, and Windsor Plaza, LLC, a Minnesota limited liability company(the "Developer"). WITNESSETH: , WHEREAS,pursuant to Minnesota Statutes, Section 469 a ', rough 469.047,the Authority has formed Redevelopment Project Area No. 5 (the<-1P'roje ea")and has adopted a al Redevelopment Plan therefore, as modified to include the o Center "` e One Tax Increment Financing District(the"Redevelopment Pl WHEREAS,pursuant to the provisions of esota Statutes, Section 4 hrough 469.1799, as amended(hereinafter the "Tax Incremeti C") uthority has cr"r"?ed,within the Project Area, Town Center Phase One Tax Incremecmg District(the``Tax Increment District"),the legal description of which is attached hereto hibit A and has adopted a tax increment financing plan, dated , 2006,therefor'*",--`'Tax Increment Plan"),which provides for the use of tax increment finaiq 5 connection wt rtain development within the Project Area; and WHEREAS, in ordeo achieve the obji�ectaes oft eevelopment Plan and particularly to make the roject Areailable f evelopment in conformance with the Redevelopment P the Au 'ty has dete ned to assist the Developer with the financing of certain costs of the ct(as h;,;, inafter defin tp be constructed within the Tax Increment District as more particulate t f is Agree tnt;and V� \ Autho � aeheves t e development and construction of the Project, and fulf ent of this men t vital and are in the best interests of the Authority and meet the r opment goals com save plan of the City of Eden Prairie and are in accordancvith the public ose ara provisions of the applicable state and local laws and requirement Wer which th oject has been undertaken and is being assisted. NOW, THI REFO n consideration of the premises and the mutual obligations of the parties hereto, each' !"hex does hereby covenant and agree with the other as follows: ARTICLE I DEFINITIONS Section 1.1. Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Assessment Agreement means the Assessment Agreement between the Authority and the Developer in the form set forth as Exhibit B hereto; Authorijy means the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota; Board of Commissioners means the Board of Commissioners ' Housing and Redevelopment Authority in and for the City of Eden Prairie,Min ta; Business Day means any day except a Saturday, Su nd or a holiday or a day on which banking institutions in the State are authorized by lv orxecuti der to close; CLty means the City of Eden Prairie, Mmnesot " y Coun means Hennepin County, Minnesota, ' Developer means Windsor Plaza, LLC, a Minn ot ited liability company, its successors and assigns; TRUE ._. . Development Property means the rail` ''' legally desC m Exhibit A attached to this Agreement,which is a portion of the Tajncre trict, Event of Default of the even` scribed i ection 4.1 hereof; . '12 Land Acquis';' means th cquisition o e Development Property as described in the Tax Increment Financmg ^ �� Le dr inistra�Ex en�e�s �the fees and expenses incurred in connection with the ado tion off x Incr t Financing Plan;the preparation of this Agreement,the Asses nt Agreement, all othbad documents;the making of the Loan(as defined in Sectn ,� and the issuaiapf the I increment Note; Note 'v,, ent Amou means the amounts due under the Tax Increment Note; Note Pam_ Date Alians August 1, 2009, and each February 1 and August 1 of each year thereafter to ands 'ding February 1, 2034; provided,that if any such Note Payment Date should not be a Busine„ebay,the Note Payment Date shall be the next succeeding Business Day; Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank National Association in Minneapolis, Minnesota, as its"reference rate"or any successor rate, which rate shall change as and when that prime rate or successor rate changes; Project means the office and retail complex and associated parking ramp to be constructed on the Development Property; 2 Project Area means the geographic area of the Tax Increment District located within Redevelopment Project Area No. 5 as provided in the Redevelopment Plan for Redevelopment Project Area No. 5, dated , and approved by the Authority on , Redevelopment Plan means the Redevelopment Plan approved in connection with the Project Area; Site Improvements means the site improvements described in the Tax Increment Financing Plan. _ State means the State of Minnesota; Q Tax Increments means the tax increments derived S minually the Tax Increment District which have been received and retained by the �1rtir ,y-n accords" with the provisions of Minnesota Statutes, Section 469.177 Tax Increment Act means Minnesota Statute tions #174 through 4C 799, as ffi amended; Tax Increment District means thc� own Center Phase Tax Increment Financing District located within the Project Area,ti� escription ofv�� ch is 'forth on Exhibit A attached hereto,which is a redevelopment d0t the Tax Iri" ent Act; SE 141 1"a Tax Increment Financing Plan means ncre ' ancing plan approved for the Tax Increment District b Council and Board of..=ommissioners of the Authority dated , 200 . Tax Increment 1 eans e Tax Increm ; evenue Note (Town Center Phase I Project)to be ex cuted by M ed to the Developer pursuant to Article III hereof,the ch is a d hereto asXhibit C; and ;unavoidable Del""' eans' ,outside the control of the party claiming its occurrei , which are the di t result strikes, other labor troubles, unusually severe or prolonged '''17'-°weather, acts" od, fire or other casualty to the Project, litigation commenced by third p ich, by ink etion or other similar judicial action or by the exercise of reasonable discrr directl results in delays, or acts of any federal, state or local t? governmental unit tln the Authority)which directly result in delays. ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the Authority. The Authority makes the following representations and warranties: 3 (a) The Authority is a housing and redevelopment authority duly organized and existing under the laws of the State of Minnesota and has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Tax Increment District is a"redevelopment district"within the meaning of Minnesota Statutes, Section 469.174, subdivision 10, and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (c) The development contemplated by this Agreement is in conformance with the development objectives set forth in the Redevelopment Plan. ,. (d) To finance certain costs within the Tax Incrementft4ict,the Authority proposes, subject to the further provisions of this Agreement, appl T Increments to [to be completed] (e) The execution, delivery, and perform t"e of this Agreement y other documents or instruments required pursuant to th Bement by the Authority fit, and consummation of the transactions contemplated t ere d the A`4'. 11ment of the t s thereof will not, conflict with or constitute on the part of the Au t breach of or default under any ,. existing (i)agreement or instrument to which the Authority _ arty or by which the Authority or any of its property is or may be bound; H) legislative ac , stitution or other proceeding establishing or related to the, establishment AAuthority or its Qcs or its resolutions. � (f) There is not pending, nor to the best , or s knowledge is there threatened, any suit, action oceeding agar" Autho efore any court, arbitrator, administrative agency o , ' e 9 rnmental auority that materially and adversely affects the validity of any of thesactions ntemplated h eby,the ability of the Authority to perform its 0 " obligations hereunder, contemlated hereby ereby,or the validity or enforceability of this Agreement , (g r of 44 and of Commissioners or officer of the Authority has either a direc `indirect fin' ntere this Agreement within the meaning of Minnesota Statutes, Sect Qr-�, 2.311 and 47 0 ' (h) the Authority "'11 reasonably cooperate with the Developer with respect to any litigation comr �ced by thir arties with respect to the Development. S809 Representations and Warranties of the Developer. The Mowing representations and warranties: Developer makes the (a) The Developer has the power to enter into this Agreement and to perform its obligations hereunder. (b) The Developer will cause the Project to be constructed substantially in accordance with the terms of this Agreement,the Redevelopment Plan, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). 4 (c) The construction of the Project would not be undertaken by the Developer, and in the opinion of the Developer would not be economically feasible within the reasonably foreseeable future,without the assistance and benefit to the Developer provided for in this Agreement. (d) The construction of the Project will commence on or before , 200_, and, barring Unavoidable Delays,the Project will be substantially completed by , 200 . (e) The Developer will use commercially reasonable effordUabtain, or cause to be obtained, in a timely manner, all required permits, licenses and apals, and will meet, in a timely manner, all requirements of all applicable local, state, an laws and regulations which must be obtained or met before the balance of the Pro jYN'may l'lawfully constructed. (f) Neither the execution and delivery of thA" ment,the cmation of the transactions contemplated hereby,nor the fulfillment f or compliance with th s and conditions of this Agreement is prevented, limited conflic with or results each of, the terms, conditions or provision of any contractual "cyt�tion ence of indeb ness, agreement or instrument of whatever nature to which the , ,,&per"is now a party or by which it is bound, or constitutes a default under any of the foregoing (g) The Developer will cooperA ith the Auth th respect to any litigation commenced with respect to the Pr6,ect f=_ ARTI+C YH UND TAKINGS BY DE DOPER AND AUTHORITY Section 3 .�ti ro' uisitions- " rovements. The total cost of the Project is estimated tq,,,, e $37;9 ,; 0.00 eludes landibuildings acquisitions, site improve A- on, pub utilities, j5nblic parking facilities, streets and sidewalks, interest`*and admini e cosv5n ("TIF Eligible Expenses"). The parties agree that acco in the purpo r whi __ F Eligible Expenses are to be paid by tax increment financin essential to the ccess "completion of the Project. The costs of the following TIF Eligible E T es shall b paid by the Developer ("Developer's Eligible Expenses"). Developer's Elible Expen�s are estimated to be at least $4,500,000.00 and include the following. Land ` ���srtio 'at $2,700,000; demolition and site improvements/preparation at $300,000; and par' � tructure at $1,500,000. Subject to the terms hereof and the Tax Increment Note, the Aiiflority shall reimburse the Developer up to $4,500,000.00 plus interest at the rate of 6.75 per cent per annum for costs of Developer's TIF Eligible Expenses actually incurred and paid by the Developer as further provided in Section 3.3 hereof. Section 3.2 Reimbursement, Special Taxing District and Special Assessments (a) Reimbursement Upon Sale Obligation. Should the Developer sell all or any portion of the Project at any time prior to the earlier of February 1, 2034 or the Note being paid in full, the Developer shall immediately reimburse to the Authority 12%of the Net Profit 5 realized upon such sale. (The 12% is based on the percentage of the total estimated project cost funded through the principal amount of the Tax Increment Note [$4,500,000/37,963,000]). In addition the Tax Increment Note shall be cancelled and no payments shall thereafter be due by the Authority under the Tax Increment Note and this Agreement as well as the Assessment Agreement shall terminate.Net Profit shall be determined as follows: Gross Sale Price minus seller paid costs for real estate taxes, special assessments, liens, sale commissions and settlement/closing costs. Within 10 days after closing of a sale of the Project the Developer shall submit such financial data relating to the sale of the Project including but not limited to the closing statement to the Authority's financial advisor that is necessary determine the Net Profit. The Developer agrees to provide to the Authority's financial.adV s&,upon request all financial documentation related to the sale Project and the sale tha( e financial advisor deems necessary for purposes of computing the Net Profit. The Authority r +retain an accountant to audit the financial information submitted Developer, at th loper If the Reimbursement Upon Sale Obligation is not satisfied up ce sale of all y portion of the Project, it shall continue to bind and run with the Devepmenl Property,n � isfied. The Reimbursement Upon Sale Obligation shall be set& in the Assessment Agr t. The E. granting of a First Mortgage on the Development l�� _ shall-..t result in a R' rsement Upon Sale Obligation. 3 b.) Petition and Consent to Special Service Districts ' veloper shall file a petition with the City of Eden Prairie in form and s 3 ce as attache to on Exhibit E and hereby consents to the establishment of a special ' rict by the O der Minnesota Statutes § 428A.01 to 428A.101. Developer waives a eight tion, al and veto granted granted under law or in equity including but not lim' ite o granted under Chapter 428A including but not limited ,ht to objec under §4 A.02, Subd. 4, the right to appeal under §428A.02, Sub and glit to veto der §428A.09, Subd 1, the right to objection under §428A.09, S Dever"-r waives anyight to receive notice of any and all public hearings to be held at the Ption of an ounce establishing a special service district and at which the impositio g to be considered and thereafter approved by the City Ci'.. elopewes all`r to object to the validity of the special service ,., district, the inclusion oae_Dev'eo�� ent Property within the special service district,the amount of serif charge imposetiKon the dpment Property, or the procedures used by the City in estabhs' the special serire f distri " Developer hereby releases the City, its officers, agents and employ;: from any art 11 lia ility related to or arising out of the establishment of the special servicetrict. Develer shall not sell, assign or otherwise transfers all or any portion of the DevelopmePrope to a third party unless such third party agrees in writing to be bound by the terms 6 ���aragraph. c.) Payment of Special Assessments. Prior to the release of the final plat for the Development Property, or any portion thereof, an assessment agreement, in form and substance as attached in Exhibit D, shall be signed by the Developer (and any owner(s)) of the Development Property with the City for Singletree Lane road improvements consenting to and waiving notice, hearing and the right to appeal assessments in the maximum amount of $1,125,000.00 for improvements within the Tax Increment District. Developer shall pay on or before the due date all special assessments and interest, if any, levied by the City upon the land and improvements within the Tax Increment District. 6 Section 3.3 Tax Increment Note;Reimbursement to Developer. Provided that the Developer has submitted evidence to the Authority that Developer's Eligible Expenses have been incurred and paid by the Developer,the Authority shall reimburse the payments made by the Developer under Section 3.1 in accordance with the Authority's Tax Increment Note in substantially the form attached to this Agreement as Exhibit C, subject to the following conditions: (b) The Tax Increment Note shall be dated, issued and delivered on the date the Certificate of Occupancy is issued by the City for any part of the Project A=Akt; (c) The principal amount of$4,500,000.00 and interest `Wthe Tax Increment Note, at an annual rate of six and three quarters percent(6.75%), shall bp� e solely from ninety percent(90%)of the Tax Increments. Interest on the Tax In ent twill compound semi- annually, except that the total amount of capitalized intereythashall be ble by the Authority under the Tax Increment Note is limited to, exceed, an .a not be less than, $343,416.47,unless the proceeds of the Note or the to itself isless than$4, 00.00 as provided in the Tax Increment District's Tax Inch Financ!4Plan, subject der,to other terms and conditions set forth in this Agreement. ,a (d) On each Note Payment Date and subject to visions of the Tax Increment Note,the Authority shall pay against the tending principal b ce of and accrued interest on the Tax Increment Note, ninety percent(90t,/0I ,,,Tax Incremenfeceived by the Authority from the Tax Increment District since the prrece fl ayment Tate or, in the case of the first Note Payment Date,prior to such first Nce Pa 1`1 payments shall be first applied to interest accrued �Tax Increme �te and t o the unpaid principal of the Tax s , Increment Note. The A ffiiy not be requ d to make'any payments on the Tax Increment Note subsequent to ry1, 20 , and any bal e of principal and interest remaining unpaid subsequent to the paym ade ofebruary 1,20 all be deemed forgiven by the Developer. In no event shy e w0ref al Nod Payment Amounts paid under the Tax Increment N them um amp 4,500,000.00. 10 Any mte ccrumg�Tax Increments held by the Authority pending the Note Payffl, ates shall accru&lf the ben I""of the Authority. (f) �e Tax Incre `nt Note shall be a special and limited obligation of the Authority and not a gener ligation of1he Authority or the City, and only Tax Increments shall be used to pay the principa Wand wt rest on the Tax Increment Note. �(g) The Au ority's obligation to make payments on the Tax Increment Note on any Note Payment Date or any date thereafter shall be conditioned upon the requirement that(A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement and(B)this Agreement shall not have been rescinded pursuant to Section 4.2(a) hereof. (h) The Tax Increment Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit C. The issuance of the Tax Increment Note 7 pursuant and subject to the terms of this Agreement are hereby authorized and approved by the Authority. (h) The Developer may not assign the Tax Increment Note without the Authority's consent,which consent shall not be unreasonably withheld. Section 3.4 Business Subsidies Act. [NOT APPLICABLE] Section 3.5 Assessment Agreement. The Assessment Agreement shall be executed b the Developer and the Authority as of the date hereof, fr'y p ty ax�t�,Developer shall cause the Assessment Agreement and an executed Assessor's Cecate, in the form attached thereto,to be recorded against the Development Property. ARTICLE IV EVENTS OF D AULT Section 4.1. Events of Default tY., cd. T ollowin shall , 'Events of Default"under this Agreement and the term"Event of tIII shad mean whenever it is used in this Agreement any one or more of the following eventsW (a) Failure by the Developer to cithe construct io g,Project to be substantially completed pursuant to the terrii c' � and limit ns of this Agreement; (b) Failure of the Developer to obsgvet0r per oI other covenant, condition, obligation or agreement ono o be observ°~nor perforr d under this Agreement; k (c) Apr,' under y bankruptcy�erganization, arrangement of debt, insolvency, readjustment bt HI ivership la*°fir statute is filed(i)against the Developer and an adjudic or appo 'f r for relief is entered, or such proceeding remains u pert excess o ty(60) days, or(ii)by the Developer; or the Develo�makes an a si ent e benefit of creditors or the Developer takes any corporate actiouthorize any o oregor 2% (d) he Develop comes insolvent or fails generally to pay its debts as they become due; � , (e) The ?e11 r voluntarily or involuntarily dissolves or is dissolved, or terminates or is terminated;or (f) A receiver, trustee or liquidator of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty(60)days after such appointment, or if the Developer consents to or acquiesces in such appointment. Section 4.2. Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing,the Authority, as specified below,may take any one or more of the following actions after the giving of thirty (30)days' written notice to the 8 Developer, but only if the Event of Default has not been cured within said thirty(30)days or such longer period of time as is reasonably necessary to cure the default,not to exceed 120 days,provided that the Developer commences the cure with the 30-day period and diligently pursues the same to completion: (a) The Authority may cancel and rescind the Agreement. (b) The Authority may withhold any and all payments under the Tax Increment Note and may terminate the Tax Increment Note. (c) The Authority may suspend its performance under Agreement until it receives assurances from the Developer, deemed adequate by the Author"�, .''A the Developer will cure its default and continue its performance under this Agreeme (d) The Authority may take any action, inclu rr $ eg I or admii ative action, in law or equity,which may appear necessary or desire o enforce performari d observance of any obligation, agreement, or covenant of the er under this Agreemen Section 4.3. No Remedy Exclusive e herein conferrred upon or reserved to the Authority is intended to be exclusive of ands :ker available remedy or remedies, but each and every such remedy shall b ulative and shain addition to every other remedy given under this Agreement or greafter existinga r in equity or by statute. No delay or omission to exercise any rim two accru upon any default shall impair any such right or power or shall be construe„ ig waive#thereof,but any such right and power may be exercised rpm time to time and`as often ay be deemed expedient. Se n 4.4 " \ Im lied Wa er. In the event any agreement contained in this Agreement shill" breach y any party ,hereafter waived by any other party, such waiver shall be limited th e pa lw_breach so ved and shall not be deemed to waive any other concurrt,previous(�� seq � 'ereunder. .. : Sects. ement to Pay Attorneys' Fees and Expenses. Whenever any of Default oc6­&'�"'and the ority shall employ attorneys or incur other expenses for the Iection of paym ^due oro become due or for the enforcement or performance or observance "f obligatioi6r agreement on the part of the Developer herein contained,the ­­d Developer agrhat it shah demand therefor,pay to the Authority the reasonable fees of such attorneys an ch othip'x expenses so incurred by the Authority. Sec 4.6. Indemnification of Authority. (a) The Developer releases from and covenants and agrees that the Authority, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof(hereinafter, for purposes of this Section, collectively the"Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about, or resulting from any defect in the Project provided, however,the Developer shall not be required to indemnify any Indemnified Party or be liable for any claim which results from the willful act of such Indemnified Party. 9 (b) The Developer agrees to protect and defend the Indemnified Parties, and further agrees to hold the aforesaid harmless, from any claim, demand, suit, action or other proceeding whatsoever by any person or entity arising or purportedly arising from the actions or inactions of the Developer(or other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, g P Y q ownership, and operation of the Project; provided,that this indemnification shall not apply to the warranties made or obligations undertaken by the Authority in this Agreement or to any actions undertaken by the Authority which are not contemplated by this Agreement but shall, in any event, apply to any pecuniary loss or penalty (including interest thereo om the date the loss is incurred or penalty is paid by the Authority at a rate equal to the Pri as a result of the Project, as constructed and operated by the Developer, causing the ` x Increment District to not qualify or cease to qualify as a"redevelopment district under rin,469.174, subdivision 10, q fY p � , .,, of the Tax Increment Act, or to violate limitations as to the u , f Tax ments as set forth in Section 469.176, subdivision 4j, of the Tax Increment A94 R _ �h (c) All covenants, stipulations, promise � reements and obligatio��� the�Authority ¢ u contained herein shall be deemed to be the covegann g ulatiotts, promises, agr�' is and obligations of the Authority and not of any governing 1W,mVber,,",officer, age nl'servant or employee of the Authority, as the case may be. � TICLE V may. ADDITIOI' L I� ONS Va Section estrictions x n �structi se. The Developer agrees for itself, its successors a ssi eve succsor in interest to the Development Property, or g rY P any part thereof,th, Develo -and such sucssors and assigns shall operate, or cause to be operated,the Projecrovid' in Section 3lepd `'of and shall devote the Development ,,:_ Property to, and in accord"' Gh, ses s e in this A reement. The Develo er p g P furth er agr its sURO ,sors and„ ' s,that the acquisition, construction and operation the D ent be carried out in accordance with all applicable federal, state and 1, Taws. I a Section 5y Conflicts of Interest. No member of the governing body or other official ;: e Authori' hall have an financial interest, direct or indirect, in this Y Agree ment thee elo me 'ro e or the Project or an contract agreement or other � p p rh' J Y � �' transaction conte ed tccur or be undertaken thereunder or with respect thereto, nor shall any such member o overning body or other official participate in any decision relating to the Agreement which ects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the Authority shall be personally liable to the Authority in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. Section 5.3. Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 10 Section 5.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,return receipt requested, or delivered personally, and (a) in the case of the Developer is addressed to or delivered personally to: (b) in the case of the Authority is addressed to or delivered personally to the Authority at: Housing and Redevelopment Authority 8080 Mitchell Road Eden Prairie,Minnesota 55347 AV Attention: Executive Director of HRA & �M�:.. or at such other address with respect to any such party as party may, from time to time, designate in writing and forward to the er, as provided i Section. Section 5.5. Counterpart ~` greement� \" '-e executed in any number of counterparts, each of which shall constitute one ,same irt strument.g ` ... Sectio iaw Governifi v his Agr ent will be governed and construed in accordana with t ws of the St" �3 N : tech J piration. This' � "Bement shall expire on February 1, 2034, unless earlier terminated cordance with its terms. N. A. S 5 8 visions Surviving.Rescission or Expiration. Sections 4.5 and 4 end the Develop I paym i obligation under.Sections 3.2 and 3.2.1 shall survive any resctiss` germination or rationb .. its Agreement with respect to or arising out of any event, oc Y Ince or circuni ce existing prior to the date thereof. 3� 11 IN WITNESS WHEREOF,the Authority has caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto duly affixed, and the Developer has caused this Agreement to be duly executed in its name and on its behalf,on or as of the date first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By 01 Its Chair G By Its k, tive Di ctor mot_ , OM4%i�"Nh NIF th .s ^s. [This is a signature page to the Development Agreement b and between the Housing and g pg p g Y g Redevelopment Authority in and for the City of Eden Prairie and Windsor Plaza, LLC, a Minnesota limited liability company] 12 Windsor Plaza, LLC, a Minnesota limited liability company By Its Chief Manger xVI AN& tiS-- r •' IMR his a signature to theyevelopment Agreement by and between the Housing and Redevelop uthority in for fhe City of Eden Prairie and Windsor Plaza, LLC, a Minnesota lim iability cc any] f,a P:\Home\EP\Community Dev\Town Center TIF Project\TIF Development Agreement 2006 12 07.doc 13 EXHIBIT A LEGAL DESCRIPTION 9 4 0r ARM -fix , t A-1 EXHIBIT B FORM OF TAX INCREMENT NOTE No. R-1 UNITED STATES OF AMERICA STATE OF MINNESOTA AN COUNTY OF HENNEPIN a . CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMEN CJTI ,. TY IN AND FOR THE CITY OF E , hT 'RAI TAX INCREMENT REVEWs NOTES OF 200_ THE TOWN CENTER PHASE ONE TAX IN T FII<1NCING DIST WITHIN ..., REDEVELOPMENT PRO z1 �NIJ. 5 PRINCIPAL AMOUNT: $4,500,000 00k INTEREST RATE: 6.75% v "v The HRA hereby acknowledges itse-1 to ted and, 6, o alue received, promises to pay to the order of Developer, or its permitte ssi ), solely from the source,to the extent and in the mann 'nafter provi "e prince mount of this Note, being Four .: Million Five Hundred T t sl a no/100 D rs($4,50( 000.00) (the "Principal Amount"), y commencing on Aug,, , 2009 a ontinuing o�each August I thereafter up to and including February 1, 2034 (the uled ment Dates'Xlp at the rate of 6.75 percent per annum shall accrue from the date s e Prmcial Amount and shall be added to the Principal ch Fe 1 an W 1 up to and including February 1, 2009. From and after Rruary� all' " . nts made by the HRA shall be applied first to accrued interes�:,*d then to the opal t cif this Note. - Tax Incremenvenue late of 2006(Town Center Phase I Project) (or"Note") is issued puAin and subject„ ,the torms and provisions of that certain Development Agreement, dated as of ,. , 200,, as the same may be amended from time to time(the "Development A ment"), and between the Housing and Redevelopment Authority in and for the City of Ede irieulinnesota(the"Authority")and Windsor Plaza, LLC, a Minnesota limited liability co m the"Developer").p��� Provided that the Developer has submitted evidence to the Authority that costs of Developer's Eligible Expenses (as defined in the Development Agreement) have been incurred and paid by the Developer as provided in the Development Agreement, the principal and interest amounts due under this Note (the"Note Payment Amounts") shall be payable on August 1, 20099 and on each February 1 and August 1 thereafter to and including February 1, 2034, or, if the first should not be a Business Day (as defined in the Development Agreement) the next succeeding Business Day (the "Note Payment Dates"). On each Note Payment Date the Authority shall pay, by check or draft mailed to the person that was the Registered Owner of this Note at the close of the last Business Day preceding such Note Payment Date, ninety percent (90%) of the Tax B-1 Increments(as hereinafter defined)received by the Authority from the Tax Increment District(as hereinafter defined) since the preceding Note Payment Date or, in the case of the first Note Payment Date, prior to such first Note Payment Date, as provided in the Development Agreement. All payments shall be first applied to interest accrued on the Note and then to the unpaid principal of the Note. The Authority shall not be required to make any payments on the Note subsequent to February 1, 2034, and any balance of principal and interest remaining unpaid subsequent to the payment made on February 1, 2034 shall be deemed forgiven by the Developer. In no event shall the total Note Payment Amounts paid under this Note exceed the maximum amount of$4,500,000.00. T Interest on this Note will compound semi-annually. N thstanding the interest rate provided herein, the total amount of capitalized interest that hhlli_ ayable by the Authority under this Note is limited to, shall not exceed, and shall 1161 be 1 man, $ as provided in the Tax Increment Financing Plan dated A, 1, 200 The Note Payment Amounts due hereon sh r__ e payable solely from ion of the tax increments, less which the Authority is entitled to retain pursuant to th11-kpvisions of Minnesota Statutes, Sections 469.174 through 469.1799, as tie she may be amfed or supplemented from time to time (the "Tax Increments"). This Note ha� inate and be .,further force and effect following the last Note Payment Date defin abo date upon which the Authority shall have cancelled and rescinded the Developm A rn want to Section 4.2(a) thereof or the Note pursuant to Se , �,(b) of said lopment reement, or on the date that all principal and interest �lI ha';', en paid in 11, whichever occurs earliest. The Authority makes no represent , ,or cove , express or plied, that ninety percent (90%) of the Tax Increments will be f to pa� in whole or i dart, the amounts which are or may become due and payable hereunder`' g TWOAuthor men �hgations hereunder shall be further conditioned on the fact that n, vent of Defauh sender A p g velo ment reement shall have occurred and be conttitli ' at the time pa: nt is �rwise due hereunder, but such unpaid amounts shall become pa 1e if said E of Default shall thereafter have been cured; and, further, if pursuant to ,ccurrence an Event of Default under the Development Agreement the WJ Authority elects anceI anal rescind the Development Agreement, the Authority shall have no further debt or ob� n Wider this Note whatsoever. Reference is hereby made to all of the r vi p o sions of the De v ill" ent Agreement, including without limitation Section 3.3 thereof, for a fuller statement of theights and obligations of the Authority to pay the principal of and interest on this Note, and said provisions are hereby incorporated into this Note as though set out in full herein. This Note is a special, limited revenue obligation and not a general obligation of the Authority and is payable by the Authority only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, and neither the full faith and credit nor the taxing powers of the City are pledged to the payment of the principal of B-2 and interest on this Note and no property or other asset of the Authority, save and except ninety percent (90%) of the above-referenced Tax Increments, is or shall be a source of payment of the Authority's obligations hereunder. This Note is issued by the Authority in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 through 469.1799. This Note may be assigned only with the consent of the Authority, which consent must not be unreasonably withheld. In order to assign the Note, the assi 11 surrender the same to the Authority either in exchange for a new fully registered note.`T` for transfer of this Note on the registration records for the Note maintained by the Authoril A h permitted assignee shall take this Note subject to the foregoing conditions and ject1 provisions stated or referenced herein. F. IT IS HEREBY CERTIFIED AND REC a.'D that all acts, co ri s, and things required by the Constitution and laws of the St a innesata to be done, to appened, and to be performed precedent to and in the issue ofote have bey done, have happened, and have been performed in regular and d time, and manner as required by law; and that this Note, together with akj,9ther indebted ne the Authority outstanding on the date hereof and on the date of its actual is nce and delivery, not cause the indebtedness of the Authority to exceed any constitutional limitation t IN WITNESS WHEREOF, the Hog a `vlopinent Authority in and for the , City of Eden Prairie, Mi , �, by its Boa ; "Commis ers, has caused this Note to be executed by the manualna of its Chair d Executive Director and has caused this Note to be issued on and as of gk 200 Execu e'Director Chair B-3 CERTIFICATION OF REGISTRATION w It is hereby certified that the foregoing Note, as origi iss' ign , 200_, was on said date registered in the name of Windsor Plaza, L a Minn limited liability � EEO.: company, and that, at the request of the Registered Ownriis Note,thy: rsigned has this day registered the Note in the name of such Register wner, as indicated m registration blank below, on the books kept by the undersigne,, uch purposes. NAME AND ADDRESS OF DATE OFF SIGNA URE OF REGISTERED OWNER REGISTRATIO ¢, SECRETARY Windsor Plaza, LLC ' e Rbk 00 F ., OP x B-4 EXHIBIT C FORM OF ASSESSMENT AGREEMENT THIS AGREEMENT is dated as ofK '9200 a"' `_ between the HOUSING AND REDEVELOPMENT AUTHORIT1V AND FOR THE ;OF EDEN PRAIRIE, MINNESOTA, a public body corporatp.= olitic organized and ex cinder the laws of the State of Minnesota(the"Authority"),an dsor 40 LLC, a Minn ota limited liability company(the"Developer"). IN CONSIDERATION O tual covena' d benefits herein described, the Authority and the Developer recite an` as follows: _..- Section 1. Recitals. 1 . 1.01. Pro', ° ,The Authori as hereto we developed a Redevelopment Plan (the"Project Pla�$�outlin rtam develdoment activities to be undertaken and has adopted a Redevelop Plan th :or(the"Red 1,e1ment Plan"),which includes the construction of a office, y` and urant comply and associated parking ramp to be constructed on,the.Develop, ect") and related site improvements and other imprn fla ubhc re. The Pr®ject is to be owned by the Developer. t 1.02. Taxreme 'ing District. Pursuant to the Minnesota Tax Incre mancing Act,M16esota§f utes, Sections 469.174 to 469.1799, as amended(the "TIF Act")'� City and the'A"itthority have approved a tax increment financing plan(the Financing Pr which is the:'`proposed method for financing the development activities currently propose be undrtaken relating to the Project. Pursuant to the Financing Plan,the Town Center Phase Increment Financing District has been established as a redevelopment districts er the TIF Act. a�. 1.03. Implementation. The Authority and the City of Eden Prairie,Minnesota (the"City"),have each authorized and directed their respective officers to take all actions necessary to implement and carry out the Project Plan and the Financing Plan. The Project Plan and the Financing Plan propose that the Authority finance certain costs of or related to the Project,payable from tax increment(as defined in the TIF Act)derived from the District("Tax Increment"). D-1 1.04. Development Agreement. The Authority and the Developer have entered into a Development Agreement, dated as of , 200_(the "Development Agreement"), which provides that the Developer will improve the real property described in Exhibit A hereto(the"Land")by the construction of the Project thereon. The Development Agreement provides that upon the execution and delivery of the Development Agreement,the Authority and Developer are to enter into this Assessment Agreement. Section 2. Minimum Market Value. 2.01. Agreed Upon Minimum. The Developer agrees " e minimum market value of the Land and the Project for ad valorem tax purposes, for assessment made as of January 2,2008, shall be not less than $33,000,000.00, and shah o r reduced by any action taken by the Developer(other than a deed in lieu of, or under" eat o demnation by the City of Eden Prairie, Hennepin County or other condemning a orr ,to les the said amount, and that during the term of this Assessment Agreemen. re' ction of the et value therefor below said minimum market value shall be sought> e Developer or gran te ny public official or court except in accordance with Minnesb atutes, Section 469.177, ision 8. This minimum market value shall apply only to the 1 e s j and an oth acilities Y situated on the Land. In the event of involuntary converse �_ _ the Land and the Project for any reason (other than condemnation by a public entity),the mini in market value shall not be reduced to an amount less than said miniiiit Market value. "'Air - The Developer acknowledge and�a at the La j and the Project are subject to ad valorem property taxation and that such\ ope mute taxes on"real property" (as provided in Section 46 ubdivisions 7(d) of _ IF Act)and,to the extent reflecting net tax capacrate ing jurisd moons leviedagainst the captured net tax capacity %of the District,tax i ent r. ISO 2.02. Hiih �r V� Nothi in this Assessment Agreement shall limit the discretiozo unty aor o `tie Eden Prairie or any other public official or body hav4g the&` termi e market value of the Land,the Project and other facilities on thend for ad valo x pu � assign to the Land,the Project or to any other imprbQM,ents constructed the Lan , n a nondiscriminatory basis and treated fairly and equally NO other prope o classified in the respective counties, a market value in excess of the mmimnarket value` ecified in Section 2.01. The Developer shall have the normal I le-1remedies availa .1--4pder the I iv to contest any estimated assessor's estimated value in excess of said minimum ma Yalu %ut only to the extent of the excess. 2.03. S,, antial Completion. For purposes of this Assessment Agreement and the determination of the market value of the Land and the Project for ad valorem tax purposes, the Developer agrees that the Project shall be deemed to be completed in accordance with the Development Agreement as of , 200_(the required date of completion), whether in fact completed or not. Section 3. Filing and Certification. D-2 3.01. Assessor Certification. The Authority shall present this Assessment Agreement to the city assessor of the City of Eden Prairie and request such assessor to execute the certification attached hereto as Exhibit C. The Developer shall provide to the assessor all information relating to the Land and the Project requested by the assessor for the purposes of discharging the assessor's duties with respect to the certification. 3.02. Filing. Prior to the recording of any mortgage, security agreement or other instrument creating a lien on the Land and in any event not less than 30 days after the execution of this Assessment Agreement,the Developer shall cause this Assessm�t Agreement and a copy of Minnesota Statutes, Section 469.177, subdivision 8, attached heretfl aijjt hibit B,to be recorded in the office of the County Recorder or Registrar of Trtl Hennepin County, and shall pay all costs of such recording. Section 4. Relation to Development Agree�me ,The cots and agreements made by the Developer in this Assessment Agreement,a `°se�parate from an addition to the covenants and agreements made by the Developer i die Development Agree and nothing contained herein shall in any way alter, diminish©r ersede t�duties and obli s of the Develo er under the Development Agreement.p P g V5 Section 5. Miscellaneous Provisions. 5.01. Binding. This� ses�ent Agreeme� aJ-enure to the benefit of and shall be binding upon the Authority and�he$` er and theme"spective successors and assigns, and upon all subsequent owners of tl Lan p pd. 5.02. Sever f n the event provisioof this Assessment Agreement shall be held invalid&'ee'-- enforc by any coui�of competent jurisdiction, such holding shall not invalidate or remnforcee any other pro ion hereof. � 3 Amend F s rfi i modifications. Except as provided in Section 5 y y y y ent ment ma 4ie amended or an of its terms modified one b written 'endment au d ands uteri by the Authority and the Developer and otherwise in cork:- lnee with Sectiony, 9 177, J, ivision 8, of the Act. Idil 04. Further surances and Corrective Instruments. The Authority and the Developer agr t they wi ; om time to time, execute, acknowledge and deliver, or cause to be executed, ac dged delivered, such supplements hereto and such further instruments as may reasonably bT red for correcting any inadequate or incorrect description of the Land or the Project, or foring out the expressed intention of this Assessment Agreement. 5.05. Execution Counterparts. This Assessment Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 5.06. Applicable Law. This Assessment Agreement shall be governed by and construed in accordance with the internal laws of the State of Minnesota. D-3 5.07. Ca tp ions. The captions or headings in this Assessment Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Assessment Agreement. 5.08. Effective Date. This Assessment Agreement shall be effective as of , 200 . 5.09. Termination Date. This Assessment Agreement shall terminate upon the termination of the District in accordance with Minnesota Statutes, Section 469.176, subdivision 1. � 5.10. Definitions. Terms used with initial capital but not defined herein shall have the meanings given such terms in the Developmengree unless the context hereof clearly requires otherwise. gCt K ,. sce s ft . 5 � 4 5 ,, A 5' � 3 . I D-4 IN WITNESS WHEREOF, the Authority has caused this Assessment Agreement to be executed in its name by its duly authorized officers and the Developer has caused this Assessment Agreement to be executed in its corporate name. HOUSING AND REDEVELOPMENT IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By 3 '• Its Chair , 40, By Its Executive m or MR \, ie STATE OF MINNESOTA ) ' COUNTY OF HENN> The fore instr ent was acknoWdged before me this day of 200 the Chair and :.. Execute 'ctor respectively of the Housing and Redevelrnent Aufflh anc '„ e City of Eden Prairie, Minnesota, a public body corporate and j or anized axi '_tin un r, laws of the State of Minnesota, on behalf of the P g g oN public b j" Notary Public D-5 WINDSOR PLAZA,L . innesota limited liability company By \\ \ No- Its ChI6 nag 3 STATE OF MINNESOTA ss. -IV,I , COUNTY OFF The for wing m ent was aclowledged before me this day of «� ,the of Windsor Plaza,LLC, a�nnes limited liabih ,'ompany, on behalf of the company. \ � Notary Public D-6 £\3II A . DESCRIPTION OF LAND �x > - . �� . � �f � +�© D- EXHIBIT B COPY OF MINNESOTA STATUTES, SECTION 469.177, SUBDIVISION 8 Assessment agreements. An authority may enter into a written assessment agreement with any person establishing a minimum market value of land, existing improvements,or improvements to be constructed in a district, if the property is owned or will be owned by the person. The minimum market value established by an assessment agreement may be fixed, or increase or decrease in later years from the initial minimum market value. If an ag{�e�ement is fully executed before July 1 of an assessment year,the market value as provided undefft"agreement must be used by the county or local assessor as the taxable market value o property for that assessment. Agreements executed on or after July 1 of an ass e ",''' ear become effective for assessment purposes in the following assessment year. An a' smen pement terminates on the earliest of the date on which conditions in the assess t agreements termination are satisfied,the termination date specified in the agreem or the date when tax-increment is no longer paid to the authority under section 469.176, W� ivision 1. The assessment agreement shall be presented to the county assessor, or city assessor having,1he powers of the county assessor, of the jurisdiction in which the tax increment ci district and the property that is the subject of the agreement is located. The assessor sha ew the plans and specifications for the improvements to be constructed, re ' the market valu viously assigned to the land upon which the improvements are to be c ted and, so lon he minimum market value contained in the assessment agreement ap udgment o ssessor,to be a reasonable estimate, shall execute the follo g ce upon .e"agreement: The undersigh lassessor, bean ally responsible for the assess of th " " ve described "roperty,certifies that the mark ;: es assi to the land d improvements are reasonab The assess t sh filed 0 1° d and recorded in the office of the county recorder the regis tles h county where the real estate or any part thereof is situate 1 After the agree beco ffective for assessment purposes,the assessor shall value the"'ioperty under secn 273.1"l except that the market value assigned shall not be less " ibthan the mint in market va'' ` established by the assessment agreement. The assessor may assign a in ue to the perty in excess of the minimum market value established by the assessment agree' . The ner of the property may seek,through the exercise of administrative and edies, a reduction in market value for property tax purposes, but no city assessor, county, sor, county auditor,board of review,board of equalization, commissioner of reve e, or court of this state shall grant a reduction of the market value below the minimum market value established by the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements, destruction, or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording an assessment agreement constitutes notice of the agreement to anyone who acquires any interest in the land or improvements that is subject to the assessment agreement, and the agreement is binding upon them. D-8 An assessment agreement may be modified or terminated by mutual consent of the current parties to the agreement. Modification or termination of an assessment agreement must be approved by the governing body of the municipality. If the estimated market value for the property for the most recently available assessment is less than the minimum market value established by the assessment agreement for that or any later year and if bond counsel does not conclude that termination of the agreement is necessary to preserve the tax exempt status of outstanding bonds or refunding bonds to be issued,the modification or termination of the assessment agreement also must be approved by the governing bodies of the county and the school district. A document modifying or terminating an agreement, including records of the municipality, county, and school district approval,must be filed for reord.=:.The assessor's review and certification is not required if the document terminated agreement. A change to an agreement not fully executed before July 1 of an assessment y is effective for assessment purposes for that assessment year. If an assessment agreemer lhas be .,modified or prematurely terminated, a person may seek a reduction in market val aathrough aCxercise of any administrative or legal remedy. The remedy may not vide'1or reduction cow market value below the minimum provided under a modified ass ment agreement that remains in effect. In no event may a reduction be sought for a year other ,the current taxes payable year. f� t y' D-9 EXHIBIT C ASSESSOR'S CERTIFICATE The undersigned,being the duly qualified and acting assessor of the City of Eden Prairie,Minnesota,hereby certifies that. 1. I am the assessor responsible for the assessment of the Land described in the foregoing Exhibit A; 2. I have read the foregoing Assessment Agree m ed as of , 20U • q` 3. I have received and read a duplicate orbl#nal of the Development Agreement referred to in the Assessment Agreement; 4. I have received and reviewed t1 e ecturat and engineering plans and specifications for the Project agreed to be constructed t. � d jursuant to the Development Agreement; " i , 5. I have received and re estimate pre' 0 by the Developer of the cost of the Land and the Project to be cons on; rs: 6. I have reviewed the market`, lu a igned to the Land on which the Project is to be constructe a minimum et value f ."e assigned to the Land and the Project by the Assess Agr t is a reasoible estimate; and 7 I Mere rtify t the market v assigned to the Land and the Project described on the foregoing Assess ent:.Agreement is reasonable and the market value assign�ec�fo lhnd an Pro�eor�e assessment January 2, 2008, shall be not less than$33,000,000 0, Dated ii QAA #^• .. City Assessor, City of Eden Prairie, Minnesota D-10 EXHIBIT D AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 200___, between the City of Eden Prairie, a municipal corporation,(the "City")and , a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to pro des' as Hennepin ty;FMinnesota;',Which property is the subject of this Agreement and is hereinafter referred tom e "Property". B. The Owner desires to develop the- n in such.,a manner that requires road for Singletree Lane(all of which is hereafter referred to as t ement"). C. The parties hereto desire ter into an Agre concerning the financing of the construction of the Improvements all of w inure to the be of the Property. p s F"` UK AGi E Y IT IS HEREBY follows I. The cone to the levyi assessments against the Property in the maximum amount of$1, 00,0 the Improv ents. 2. x 's ass e t recor s r the Property will show the assessments as a "pendm.assessment" un vied 3. The Owner es not of any assessment hearing to be held at which hearing or hearings the- sment is to onsidered by the City Council and thereafter approved and levied. 4. Th er c urs that the benefit to the Property by virtue of the Improvements to be constructed excee ount of the assessment to be levied against the Property. The Owner waives all rights it has5 ¢virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto. D-11 OWNER CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation By: By: Its Mayor By: Scott H Nam, Its City STATE OF MINNESOTA ) - )ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged b e rye filiis day of , 2006, by ,the Mayor, and Scott H.Ne e City Manager, of the City of Eden Prairie,a Minnesota municipal corporati n behalf of the c tion. otaryAblic STATE OF MINNESOTA COUNTY OF HENNE) 1 The foregoing in ent cknowledge efore me this day of , 2006, by a Minnesota aehalf Notary Public THIS INSTRUMEN D BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 D-12 EXHIBIT E PETITION {k Windsor Plaza,LLC hereby requests that the City of Eden Prairies der Minnesota Statutes §428A.08, as follows: 1. That the City hold a public hearing op ,he adoption of an ordinance to establish a special service district which inc#des the Development Property; 2. That the City hold a public hearing on`� �osition of a service charge based on net tax capacity to be imposed upon the yelopment Property 3. That the City holds a pub ie the imposltion of a service charge other P. than one based on net tax c"�acity dosed upon the Development Property. " Windsor Plaza, LLC " L�14't fib, By a �A ` Its Chief Manager Dated: D-13 Hennepin County Taxpayer Services RECEIVED DEC 13 2006 A-600 Government Center www.hennepin.us Minneapolis MN 55487-0060 December 8, 2006 Sid Inman Ehlers&Associates, Inc. 3060 Centre Pointe Drive Roseville, MN 55113-1105 Re: Eden Prairie Town Center Phase 1 Redevelopment TIF District 21 Dear Mr. Inman: Enclosed is a report from Richard P.Johnson, Hennepin County Deputy Administrator,to the Hennepin County Board of Commissioners, concerning the proposed Eden Prairie Town Center Phase 1 Redevelopment TIF District 21. Please arrange to have the report entered into the record of the public hearing of the Eden Prairie City Council on Tuesday, December 19, 2006, to reflect the input of Hennepin County, as provided by Minnesota Statutes, Section 469.175, Subd. 2. If you have any questions about this information, please call me at 612-348-5076. Sincerely, Jean M. Bierbaum, Principal Administrative Assistant Administrative Services Division Taxpayer Services Department Cc: Steve Sinell, City of Eden Prairie RevuEdenPraideTwonCenterPhase112192006JTransmitta)Letter An Equal Opportunity Employer Recycled Paper Me o ..w:'. Ra7derPaper Date: December 8,2006 To: Board of County Commissioners From: Richard P.Johnson, Deputy County Administrator Subject: Eden Prairie Town Center Phase One Redevelopment TIF'District No. 21 Hearing Date: Eden Prairie City Council Tuesday,December 19,2006 at 7:00 p.m. PROPOSAL:The City of Eden Prairie proposes creation of Redevelopment TIF District No.21,to facilitate redevelopment of a six parcel site at Flying Cloud Drive and Singletree Lane with a 145,500 square foot office and retail series of buildings that includes a 4-5 story office/retail mix and more than one restaurant. The building will be oriented toward Flying Cloud Drive and will have underground parking and a 2-3 story public parking ramp. The parking ramp will be constructed large enough to accommodate future redevelopment in the area. The current"Randy's Bobby&Steve's"gas station will be sold and redevelopment with a new more up-to-date design friendly 15,000 square foot 2-story automotive station that includes gas,convenience store,car wash and quick tube. The gas pumps and parking area will be oriented on the interior of the site to shelter it from Flying Cloud Drive. The six-parcel TIF District will include all street or utility right-of-ways located on or adjacent to the property. The TIF District will have a duration of 25 years from receipt of the first tax increment,or 26 tax increment generating years. FISCAL IMPLICATIONS:The site is expected to be fully constructed by the end of 2008 and is projected to receive its first tax increment in tax payable year 2009. Financial assistance will be provided to the developer through the use of the Pay-As-You-Go funding technique. . Estimated Public Costs: Estimated Sources of Revenue: Land/building Acquisition $2,000,000 Tax Increment $13,000,000 Site Improvements 500,000 Interest EaminQs 500,000 Public Utilities 500,000 Total $13,500,000 Public Parking/Ramp 2,500,000 Streets&Sidewalks 500,000 Loan interest payments 6,200,000 Administration 1,300,000 Total $13,500,000 SUMMARY:This TIF District will provide funding assistance to Solomon Real Estate for redevelopment of a six-parcel site on Flying Cloud Drive at Singletree Lane in Eden Prairie. Construction will include a 145,500 sq.ft.office/retail series of buildings,incorporating a 4-5 story office/retail mix and at least one restaurant,underground parking with a 2-3 story public parking ramp and a new 2-story automotive station with gas,convenience store,car wash and quick lute. The TIF Plan is unclear as to how the use of Tax Increment Financing is a development tool of last resort for this highly visible,easily accessible,already developed site. Therefore,it does not appear to satisfy the Hennepin County Board preference for use of tax increment financing,as identified in Resolution 92-10-017R1,adopted October 27,1992. A copy of this report will be sent to the City of Eden Prairie with a request that it be entered into the public record of the Eden Prairie City Council public hearing on Tuesday,December 19,2006,to reflect the County's position on this proposal. RevuEdenPraideTo mCenerPhasell2192006J CITY COUNCIL AGENDA DATE: SECTION: Public Hearing December 19,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5549 ITEM NO.: VIII.B. Rodney W.Rue Public Hearing for Layout Approval and Public Works/Engineering Municipal Consent for I-494/TH 169 and TH 169/Valley View Rd. Interchange Improvements Requested Action Move to: • Close the public hearing; and • Adopt the resolution approving the proposed layout for I-494/TH 169 and TH 169/Valley View Road interchange improvements. Synopsis Pursuant to State Statute Section 161.164, a public hearing is required for consideration of layout approval and municipal consent for the I-494/TH 169 and TH 169/Valley View Road interchange improvements. As required, a 30-day public notice was published on November 16, 2006 in the Sun Current. Notices were also sent to property owners within the entire Golden Triangle area, as well as owners along West 78 h Street. An Open House was held on November 30, 2006 at Braemar Golf Course in Edina. Background Information The I-494/TH 169 interchange improvements include reconstruction and upgrading of this interchange to provide free-flowing direct connections between I-494 and TH 169. These improvements will primarily enhance the operational,capacity,and safety aspects of the TH 169 Corridor. The existing TH 169 bridges over I-494 will remain in place, as well as two of the existing loops. The proposed improvements will eliminate the three existing traffic signals on TH 169 and will allow for un-abated freeway-to-freeway movements between I-494 and TH 169. Maintaining and improving local access was a key issue for the affected cities at this interchange. After studying various alternatives,MnDOT,FHWA, and the affected cities agreed to a local access system located within and around the proposed freeway interchange. This system will allow local access to and from I-494 and TH 169 in all directions,with the following exceptions: west-bound I-494 to the local access roadway and from the local access roadway to north-bound TH 169. The local access for these movements will be accommodated at the TH 169/Valley View Road interchange. Interchange improvements are also proposed at the TH 169 and Valley View Road interchange. A series of four roundabouts is being proposed to replace the three existing signalized intersections at the interchange. The proposed roundabouts will be located at Washington Avenue and Valley View Road,the two TH 169 ramp intersections, as well as the Valley View Road and East Frontage Road intersection. After attending several property owner meetings and Open Houses regarding these proposed improvements,we are aware of only a couple issues affecting Eden Prairie property owners. Some owners have expressed concern about two local access ramps (described above)not being provided at the I-494/TH 169 interchange. The other concern is an access issue on Valley View Road related to these improvements. MnDOT and City staff are working with this property owner to resolve the issue in a reasonable manner. MnDOT has provided a"good faith estimate"for our share of the construction and engineering costs for this project. The estimated amount of$3,115,560 includes roadway, bridge,trail, signals,and retaining wall costs associated with our local roadways or access ramps. We requested that bituminous trails be included on West 78`" Street,Viking Drive, Washington Avenue and Valley View Road, consistent with our Comprehensive Trail Plan. One item that is not included in the"good faith estimate" is potential right-of-way costs associated with our trail requests. Due to the uncertainty of these costs,we have included a stipulation in the resolution that allows us to eliminate specific trail sections if right-of-way costs exceed a reasonable amount. We will work with MnDOT staff to resolve this issue prior to approval of the Cooperative Construction Agreement(future Council action). We anticipate using State Aid funds to finance our share of the project costs. Attachments • Resolution • Maps showing proposed improvements CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006-150 APPROVE THE PROPOSED LAYOUT FOR I-494/TH 169 AND TH 169/VALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS I.C.#01-5549 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the Minnesota Department of Transportation (MnDOT) is proposing to make improvements at the I-494/TH 169 and TH 169/Valley View Road interchanges within the cities of Bloomington, Edina, and Eden Prairie; and WHEREAS,the interchange improvements include work on TH 169 from 1.5 miles south of I-494 to 0.5 miles north of Valley View Road and on 1-494 from Prairie Center Drive to West Bush Lake Road; and WHEREAS,MnDOT has prepared the layout (identified as Layout No. 3, S.P. 2776-03) and seeks approval thereof, and WHEREAS, MnDOT has provided a "good faith" cost estimate of$3,115,560.00 for the City's share of these improvements, excluding potential right-of-way costs for City-requested trails; and WHEREAS, MnDOT is responsible for all right-of-way costs associated with roadway improvements for this project; and WHEREAS, MnDOT has requested that the City formally indicate its intent to participate in these costs; and WHEREAS, MnDOT and City staff have been working with the property owner of 9650 Valley View Road to address concerns regarding access from the site; and WHEREAS, MnDOT has requested municipal consent for the I-494/TH 169 and TH 169/Valley View Road interchange improvements; and WHEREAS, pursuant to State Statute 161.164, the City of Eden Prairie has held a public hearing to consider layout approval and subsequent municipal consent of said improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council, that considering available information, studies and input received, hereby approves Layout No. 3 (S.P. 2776-03) for 1-494/TH 169 and TH 169/Valley View Road interchange improvements. BE IT FURTHER RESOLVED that the City agrees to participate in costs associated with this project as noted above. The City of Eden Prairie understands that the estimated City share listed herein represents a "good faith" estimate, but will be finalized during preparation of the Cooperative Construction Agreement; and BE IT FURTHER RESOLVED that MnDOT and the City of Eden Prairie will continue to work cooperatively toward a mutually agreeable Cooperative Construction Agreement; and BE IT FURTHER RESOLVED that the City of Eden Prairie and/or MnDOT reserves the right to eliminate any trail section where associated right-of-way costs exceed our expectations. A decision will be made prior to issuance of a formal offer for right-of-way acquisition. It is our understanding that the City of Eden Prairie will only be responsible for the appraised value of the right-of-way area necessary for the applicable trail sections. Furthermore, it is our understanding that MnDOT will be responsible for any right-of-way costs associated with roadway, access, drainage, etc., including project-related damages; and BE IT FURTHER RESOLVED that the City of Eden Prairie commits to minor radius improvements at the northeast corner of Valley View Road and Shady Oak Road; and BE IT FURTHER RESOLVED that the City of Eden Prairie conditions its support by directing MnDOT to implement modifications to the east driveway of 9650 Valley View Road to reasonably accommodate 62' trucks (assuming property owner dedication of necessary right-of-way at no cost to MnDOT); and BE IT FURTHER RESOLVED that MnDOT and the City of Eden Prairie will work cooperatively toward the construction and completion of this project; and BE IT FURTHER RESOLVED that MnDOT and the City of Eden Prairie work cooperatively during the design and construction phases to maintain reasonable local access to TH 169 at all times; and BE IT FURTHER RESOLVED that the City Council of the City of Eden Prairie authorizes City staff to work with MnDOT to make any necessary minor modifications to the layout during the design and construction phases of the said improvements. ADOPTED by the Eden Prairie City Council on December 19, 2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk L E G E N D - -�- .. - I s �- .._ -n. •?:.�' ^.i.� .:_s; ..s r. .. T.N. 169/I-494 INTERCHANGE ILeROVEUEHTS PROJECT p.w� � •a.o __:...... ._ . 5-P. 2776-03 0«mit o-�no sVU Ia ICE' �, ,�c��4`1r,.j i t � � PREL I�1NaR• L<rCU' �„ \1 - a ' {,�'la•t'.�, L y to-�;� P 1 I �� s.. ��� 1� e-� � „p j _ a� �,� � _,j \7- 1' VEM 6 j. 4` -•�h y �i -t r � z 1x,� ,'C y ��'1,�, -`" � 1' �t+fi..�.. I I ���r�SyM�� �.,�°'.e ;a.�.a •�e. S. > y t i .•'� + y ��. xaL- r{ r, -+� :'6�'��-�74 1 I I "49 7 w,..,,,� ,`,��5+_ � bT- ..;v ,.,; .� - L ' e9'ib .:'�1' �( 4-.� s'9i �,:•�. �G��+ .t ,� yy,_ t 1 1 1 7 �;ti f•- ,t ,dt- ,� r'a. ,. ��Y,_ 'a h �`�,,,�; 1 I :,a -.�/� is �..•j: 3 .' Q T.H. 169/VALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS PROJECT X O I ♦o # ki I jy S.P. 2776-03 ;golf. zoo � u/IW2W6 .;r�. iJi iivioulol a + ria= '0°IFt S 1� }. SCa[E lu 7ET \I L E G E N D S � ya'� }•� III - ',� ! 3 ��cnaroxv nvm.s .. x .fix ,',t _- a. ., 7t•F r. - �+ronscv s��axan.n..cv ,y•,. it"�• '�� _;_ ..^., � . � II jit�� ri .•, �, VALLEY S S: t� ,y !_i yF'. _ ♦,.. O rnarr.[v narnmc.a[.s - _,:' nwort.w a.•.ns '� IY � II - �r t ©maros[v nuZv•[vl.+rramn a are,[. ars+l.e ntnrt-a... 0 r•orxw�v.rmw twn:[n i;i .as Ilv 0l�(IY 54i. t rt 0 n`-s m car,,vuc nrtuw>•. N \. I I t VALLEY VIEW R D.{'a: - � t : .� •' 4F'� .. a• —}•-:--��, ti �: kt t�7r} y RV,�,a. �i..- y :'—a 3st I �' »,•*.tgl,tllcttic r` t CITY COUNCIL AGENDA DATE: December 19,2006 SECTION: Payment of Claims 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 159158- 159582 Wire Transfers 2574 -2588 City of Eden Prairie Council Check Summary 12/19/2006 Division Amount Division Amount General 34,329 601 Prairie Village Liquor 77,426 100 City Manager 115 602 Den Road Liquor 172,685 101 Legislative 839 603 Prairie View Liquor 89,059 102 Legal Counsel 32,722 605 Den Road Building 906 104 Contingency 94 701 Water Fund 38,188 110 City Clerk 1,302 702 Sewer Fund 237,198 III Customer Service 9,065 703 Storm Drainage Fund 56,786 113 Communication Services 10,077 803 Escrow Fund 22,819 114 Benefits&Training 4,571 806 SAC Agency Fund 43,400 115 Risk Management 404 807 Benefits Fund 467,937 116 Facilities 51,617 117 City Center 48,244 Report Totals 6,185,736 130 Assessing 900 131 Finance 659 132 Social Services 7,213 133 Planning 12,419 135 Information Technology 4,958 136 Public Safety Communications 27,674 137 Economic Development 494 138 Community Development Admin. 1,419 150 Park Administration 6,220 151 Park Maintenance 14,344 153 Organized Athletics 2,935 154 Community Center 10,365 156 Youth Programs 1,541 157 Special Events 1,119 158 Adult Recreation 3,701 159 Recreation Administration 8,806 160 Therapeutic Recreation 1,430 162 Arts 323 163 Outdoor Center 915 164 Park Rental Facilities 55 180 Police 41,430 183 Emergency Preparedness 15,769 184 Fire 17,159 185 Animal Control 482 186 Inspections 145 200 Engineering 68 201 Street Maintenance 25,467 202 Street Lighting 48 203 Fleet Services 41,437 301 CDBG 5,375 304 Senior Board 78 315 Economic Development 746,880 316 WAFTA 1,890 416 Certificate Debt Fund 203,500 417 $3,390,000 Facility Bond 2000 263,250 426 G.O.Equip Cert.200413-Pumper 123,538 427 2005 G.O.IMPR BONDS 221,401 428 G.O.Improv.Revolving 2005B 130,549 502 Park Development 166,479 503 Utility Improvement 2,449,365 506 Improvment Bonds 1996 23,477 509 CIP Fund 15,543 511 Construction Fund 29,792 516 ADC PROJECT 6,420 519 Community Center Referendum 92,691 522 Improvement Projects 2006 56,230 City of Eden Prairie Council check register 12/19/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2574 11,339 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2575 17,611 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2576 87,376 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2577 27,952 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2578 139,847 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2579 2,310,000 US BANK TRUST NATIONAL ASSN Bonds Payable Utility Improvement Fund 2580 263,250 BANK OF NEW YORK,THE Principal $3,390,000 Facility Bond 2000 2581 203,500 ANCHOR BANK Principal $1,000,000 G.O.Bonds-2002A 2582 123,538 ANCHOR BANK Principal G.O.Equip.Cert.200413-Pumper 2583 221,401 WELLS FARGO BANK MINNESOTA NA Principal 2005 G.O.Imp.Revolving Fund 2584 130,549 WELLS FARGO BANK MINNESOTA NA Principal G.O.Improv Revolving 2005B 2586 31,265 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2587 153,310 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2588 18,009 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 159158 28 AMERICAN MESSAGING Pager&Cell Phone Water System Maintenance 159159 29 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 159160 250 BCA-BTS Tuition Reimbursement/School Police 159161 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 159162 300 CONTINUING EDUCATION Tuition Reimbursement/School Police 159163 10 FOX,VERNETTE Special Event Fees Classes/Programs/Events 159164 56 GINA MARIAS INC Operating Supplies Reserves 159165 33,026 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 159166 1,560 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 159167 1,593 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 159168 9,787 HENNEPIN COUNTY TREASURER Board of Prisoner Police 159169 1,620 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 159170 332 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 159171 1,144 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 159172 900 MINNEAPOLIS AREA ASSOC OF REAL Operating Supplies Assessing 159173 30 MINNESOTA CHAMBER OF COMMERCE Conference Expense Economic Development 159174 179 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 159175 30 MPSA Conference Expense Park Maintenance 159176 169 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 159177 297 PROP United Way Withheld General Fund 159178 1,740 ROBINSON,DEBRA Safety Supplies Fire 159179 119 ST.LOUIS PARK,CITY OF Conference Expense Community Development Admin. 159180 290 UNITED WAY United Way Withheld General Fund 159181 225 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 159182 580 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 159183 575 ANCHOR PRINTING COMPANY Printing Police 159184 78 BATTLE LAKE SENIOR CARD PROJEC Operating Supplies Senior Board 159185 256 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Emergency Preparedness 159186 87 CINGULAR WIRELESS Pager&Cell Phone Police 159187 740 CORPORATE EXPRESS Office Supplies Police 159188 310 CUB FOODS EDEN PRAIRIE Operating Supplies Police 159189 450 DEMINICO,JOHN AND LIZ Other Contracted Services Improvement Projects 1996 159190 240 EDEN PRAIRIE CRIME PREVENTION Operating Supplies Fire 159191 90 EDEN PRAIRIE WINLECTRIC Repair&Maint.Supplies Emergency Preparedness 159192 299 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 159193 146 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 159194 368 FRIENDSHIP VENTURES Tuition Reimbursement/School Police 159195 4,000 HENNEPIN COUNTY TREASURER Other Contracted Services Storm Drainage 159196 1,295 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 159197 61 LAPPIN,VIOLET Special Event Fees Trips 159198 1,540 METRO SALES INCORPORATED* Other Rentals General 159199 532 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 159200 90 MINNESOTA BD OF PEACE OFFICER Prepaid Expenses General Fund 159201 25 MPPOA Prepaid Expenses General Fund 159202 53 OFFICE DEPOT CREDIT PLAN Office Supplies Information Technology 159203 109 PETSMART Canine Supplies Police 159204 336 QWEST Telephone Outdoor Center Check# Amount Vendor/Explanation Account Description Business Unit 159205 230 SCOTT COUNTY Deposits Escrow 159206 2,458 SPRINT Wireless Subscription Information Technology 159207 28 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 159208 660 USA BLUEBOOK Process Control Equipment Water Treatment Plant 159209 90 VERIZON WIRELESS Pager&Cell Phone Street Maintenance 159210 6 WAGNER,JUDY Program Fee Trips 159211 1,399 WALMART COMMUNITY Operating Supplies Reserve 159212 3,855 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 159213 43 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 159214 3,314 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 159215 11,195 DAY DISTRIBUTING Beer Prairie View Liquor Store 159216 1,832 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 159217 160 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 159218 79 FRED Misc Taxable Den Road Liquor Store 159219 775 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 159220 1,014 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 159221 11,938 GRIGGS COOPER&CO Wine Domestic Prairie View Liquor Store 159222 1,262 HOHENSTEINS INC Beer Prairie View Liquor Store 159223 12,994 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 159225 29,492 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 159226 10,739 MARK VII Beer Den Road Liquor Store 159227 352 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 159228 493 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 159229 130 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 159230 2,619 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 159231 9,663 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 159232 321 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 159233 14,005 QUALITY WINE&SPIRITS CO Wine Imported Prairie Village Liquor Store 159234 36 SALUD AMERICA INC Wine Imported Den Road Liquor Store 159235 178 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 159236 11,799 THORPE DISTRIBUTING Beer Prairie View Liquor Store 159237 726 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 159238 1,900 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 159239 985 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 159240 470 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 159241 542 ALLIANT ENGINEERING INC Design&Engineering Construction Fund 159242 726 ANCHOR PAPER COMPANY Office Supplies Police 159243 100 BERRY COFFEE COMPANY Safety Supplies Senior Center Operations 159244 100 BOLD,PAULINE Instructor Service Outdoor Center 159245 295 BURLACH CONSTRUCTION Deposits Escrow 159246 258 CENTERPOINT ENERGY Gas Crestwood Park 159247 48 COMMISSIONER OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 159248 113 CSD Other Contracted Services Police 159249 66 D'AMICO AND SONS Miscellaneous City Council 159250 366 DEM CON LANDFILL LLC Waste Disposal Park Maintenance 159251 61 ENGELMAN,VIRGINIA Special Event Fees Trips 159252 285 G&L INVESTMENTS LLC Deposits Escrow 159255 3,009 GENUINE PARTS COMPANY Equipment Parts Fleet Services 159256 55 GIRL SCOUT COUNCIL OF GREATER Nesbitt Park Building Park Facilities 159257 370 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 159258 3,393 IND SCHOOL DIST 272 Other Contracted Services Housing,Trans,&Human Sery 159259 61 KENDALL,LUELLA Special Event Fees Trips 159260 104 KLOECKNER,LINDA Advertising Den Road Liquor Store 159261 364 METHODIST HOSPITAL Other Contracted Services Risk Management 159262 61 MONTOURI,DODI Special Event Fees Trips 159263 5,435 NILSSEN,BETH Instructor Service Ice Arena 159264 3,320 OMAR,ABDIRAHMAN Instructor Service Housing,Trans,&Human Sery 159265 210 PCI CONCRETE Deposits Escrow 159266 79 PETTY CASH-EPCC Mileage&Parking Community Center Admin 159267 10 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 159268 289 ROTTLUND CO Deposits Escrow 159269 95 SAGE PRESENTING Tuition Reimbursement/School Police 159270 6,374 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 159271 72 SUMMIT FIRE PROTECTION Cash Over/Short General Fund 159272 323 TWIN CITIES&WESTERN RAILROAD Licenses&Taxes Water Distribution Check# Amount Vendor/Explanation Account Description Business Unit 159273 600 UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Fire 159274 60 WILSON,JOHN D. Operating Supplies Police 159275 68 XCEL ENERGY Electric Emergency Preparedness 159276 1,741 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 159277 447 A TO Z RENTAL CENTER Capital Under$2,000 Park Maintenance 159278 290 BATES,DON Other Contracted Services Community Band 159279 133 BIFFS INC Waste Disposal Park Maintenance 159280 255 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 159281 120 FADDEN,TIMOTHY Dues&Subscriptions Inspections-Administration 159282 50 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects 159283 3,805 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 159284 115 MALLO,JOHN E Operating Supplies Senior Center Operations 159285 112 METRO SALES INCORPORATED* Office Supplies General 159286 42,966 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 159287 97 METROPOLITAN FORD Equipment Parts Fleet Services 159288 234 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation 159289 50 NEWPAPER LLC Operating Supplies City Manager 159290 1,500 PAPPAS,CHARLES J Design&Engineering Community Center Referendum 159291 24 PETERSON,ROBERT&MAYMIE Program Fee Classes/Programs/Events 159292 850 PETTY CASH Mileage&Parking Water Distribution 159293 356 PETTY CASH-POLICE DEPT Operating Supplies Police 159294 467 PITNEY BOWES Postage General 159295 46 PURCHASE POWER Postage General 159296 2,534 QWEST Telephone City Hall-CAM 159297 25 REICHMUTH,DONNA Program Fee Outdoor Center 159298 3,850 RELIAKOR SERVICES Seal Coating Street Maintenance 159299 40 ROREM,STEVEN AR Utility Water Enterprise Fund 159300 1,567 US POSTMASTER-HOPKINS Postage Water Accounting 159301 235 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 159302 135 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Den Road Liquor Store 159303 181 COSTCO Operating Supplies Youth Programs Administration 159304 32 CULLIGAN-METRO Other Contracted Services Outdoor Center 159305 98,340 DOMINIUM TIF Payment PROJECT FUND 159306 457 GE CAPITAL Other Rentals General 159307 21 GENZ RYAN PLUMBING&HEATING Cash Over/Short General Fund 159308 5 KRAEMERS HARDWARE INC Operating Supplies Street Maintenance 159309 1,224 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 159310 187 MILLBERG,KATHLEEN Wages No Benefits Elections 159311 145 MINNESOTA MULTI HOUSING ASSOC Prepaid Expenses Water Enterprise Fund 159312 47,031 PRAIRIE VILLAGE LMTD PARTNERSH TIF Payment PROJECT FUND 159313 91 QWEST Telephone Sewer Liftstation 159314 12,538 REAL ESTATE EQUITIES MANAGEMEN TIF Payment PROJECT FUND 159315 68 ROBINSON,DEBRA Equipment Repair&Maint Police 159316 204,954 SILVERCREST PROPERTIES TIF Payment PROJECT FUND 159317 442 SOUTHWEST METRO TRANSIT Deposits Escrow 159318 18 STATE OF MINNESOTA Operating Supplies Fleet Services 159319 92,405 TE MILLER DEVELOPMENT LLC TIF Payment PROJECT FUND 159320 89,800 TEALWOOD CARE CENTER TIF Payment PROJECT FUND 159321 79 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM 159322 485 VOSS LIGHTING Supplies-Electrical Community Center Maintenance 159323 9,601 WEIS MANAGEMENT TIF Payment PROJECT FUND 159324 8 YALE MECHANICAL INC Cash Over/Short General Fund 159325 320 A MEYEWS ENTERPRISES INC Instructor Service Outdoor Center 159326 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 159327 170 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 159328 2,039 ARCH WIRELESS Pager&Cell Phone Wireless Communication 159329 180 ASSOCIATION OF TRAINING OFFICE Prepaid Expenses General Fund 159330 843 BIFFS INC Waste Disposal Park Maintenance 159331 3,813 CENTURYTEL Telephone Telephone 159332 194 CHOICE INC Other Contracted Services Prairie Village Liquor Store 159333 375 COSTCO Operating Supplies Fire 159334 158 CUB FOODS EDEN PRAIRIE Office Supplies Police 159335 88 CULLIGAN BOTTLED WATER Operating Supplies Fire 159336 381 DUALE,KHADRA Video&Photo Supplies Housing,Trans,&Human Sery 159337 173,072 EDEN PRAIRIE MALL LLC TIF Payment PROJECT FUND Check# Amount Vendor/Explanation Account Description Business Unit 159338 323 FEDEX Equipment Parts Fleet Services 159339 91 GRAINGER Operating Supplies Housing,Trans,&Human Sery 159340 1,362 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals 159341 74 HERRMANN,STEVE Supplies-General Bldg City Hall-CAM 159342 105 MORTON,TAMMARA Other Contracted Services Leisure Education 159343 214 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 2006 159344 1,600 RJDESIGNS&ASSOCIATES INC Capital Under$2,000 Street Maintenance 159345 4,327 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Public Works/Parks 159346 94 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 159347 72 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 159348 8,577 BELLBOY CORPORATION Liquor Den Road Liquor Store 159349 114 CASK WIINE CO. Wine Domestic Den Road Liquor Store 159350 9,295 DAY DISTRIBUTING Beer Den Road Liquor Store 159351 3,240 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 159352 311 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 159353 440 GRAND PERE WINES INC Wine Imported Den Road Liquor Store 159354 1,020 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 159355 20,905 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 159356 194 HOHENSTEINS INC Beer Den Road Liquor Store 159357 23,455 JJ TAYLOR DIST OF MN Beer 'Den Road Liquor Store 159360 41,229 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 159361 433 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 159362 16,914 MARK VII Beer Prairie Village Liquor Store 159363 1,071 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 159364 82 MORAN USA,LLC Misc Non-Taxable Den Road Liquor Store 159365 894 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 159366 3,598 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 159367 20,465 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 159368 909 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 159369 19,149 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 159370 151 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 159371 1,245 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 159372 20,925 THORPE DISTRIBUTING Beer Prairie View Liquor Store 159373 50 TRI COUNTY BEVERAGE&SUPPLY Operating Supplies Den Road Liquor Store 159374 370 VINOCOPIA Wine Imported Den Road Liquor Store 159375 124 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 159376 2,421 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 159377 4,611 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 159378 275 WINE SOURCE INTERNATIONAL Wine Domestic Den Road Liquor Store 159379 1,525 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store 159380 335 Z WINES USA LLC Wine Imported Den Road Liquor Store 159381 12,083 CARDMEMBER SERVICE Travel Expense Fire 159382 242 CRACAUER,CLIFF Mileage&Parking Fleet Services 159383 83 ESS,RONALD AR Utility Water Enterprise Fund 159384 904 GE CAPITAL Other Rentals General 159385 62 GRAY,ALAN Operating Supplies City Manager 159386 697 METRO SALES INCORPORATED* Other Rentals General 159387 1,144 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 159388 169 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 159389 80 WAGNER,RACHEL Other Revenue General Fund 159390 788 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 159391 84 3D SPECIALTIES Operating Supplies Traffic Signs 159392 115 A TO Z RENTAL CENTER Operating Supplies Street Maintenance 159393 788 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Services 159394 128 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Den Bldg.-CAM 159395 12,515 AIM ELECTRONICS Other Assets Capital Impr./Maint.Fund 159396 540 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 159397 348 AL'S COFFEE Merchandise for Resale Concessions 159398 8,072 ALBECK GERKEN INC Design&Engineering Construction Fund 159399 143 ALPHA VIDEO& AUDIO INC Other Contracted Services Communication Services 159400 1,708 AMERICAN TEST CENTER INC Equipment Testing/Cert. Fire 159401 4,253 ANCHOR PRINTING COMPANY Printing Police 159402 177 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 159403 449 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Services 159404 2,528 AUDIOVISUAL INC Video&Photo Supplies Communication Services Check# Amount Vendor/Explanation Account Description Business Unit 159405 120 BCA/1RAINING&DEVELOPMENT Tuition Reimbursement/School Police 159406 68,363 BEC INC Improvement Contracts Improvement Projects 2006 159407 720 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 159408 750 BILL'S HOME REPAIR&REMOLDING Other Contracted Services Rehab 159409 5,900 BITUMINOUS ROADWAYS INC Improvements to Land Park Acquisition&Development 159410 503 BL DALSIN ROOFING Contract Svcs-Roof Fire Station#2 159411 830 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Center Operations 159412 2,267 BOYER TRUCKS Equipment Parts Fleet Services 159413 3,423 BRAUN INTERTEC CORPORATION Testing-Soil Boring Construction Fund 159414 1,890 CAMPBELL KNUTSON,P.A. Legal WAFTA 159415 4,927 CARGILL SALT Salt Snow&Ice Control 159416 76 CATCO PARTS SERVICE Equipment Parts Fleet Services 159417 718 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 159418 191 CLAREYS INC Repair&Maint.Supplies Fire 159419 949 COLOR PRINTING Printing Police 159420 446 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 159421 250 CONSTRUCTION MATERIALS INC Operating Supplies Emergency Preparedness 159422 2,063 CORPORATE EXPRESS Office Supplies Police 159423 7,222 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 159424 4,879 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 159425 131,201 DELANO ERICKSON ARCHITECTS Building Park Acquisition&Development 159426 72 DELEGARD TOOL CO Equipment Parts Fleet Services 159427 525 DIPPIN DOTS Merchandise for Resale Concessions 159428 40,751 DIVERSE BUILDING MAINTENANCE Cleaning Supplies-Garden Roo City Hall-CAM 159429 5,408 DIVERSIFIED CONSTRUCTION Improvement Contracts Improvement Projects 2006 159430 141 DNR Awards Touch Football 159431 1,471 DOOLEY,ARLISS Other Contracted Services Rehab 159432 139 DUO-SAFETY LADDER CORP Repair&Maint.Supplies Fire 159433 1,933 EARL F ANDERSEN INC Repair&Maint.Supplies Park Maintenance 159434 1,151 ECOLAB INC Contract Svcs-Pest Control Historical Buildings 159435 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager 159436 114 EDEN PRAIRIE WINLECTRIC Repair&Maint.Supplies Emergency Preparedness 159437 1,214 EDINA,CITY OF Printing Therapeutic Rec Administration 159438 890 EF JOHNSON Equipment Repair&Maint Wireless Communication 159439 133 ELK RIVER FORD Equipment Parts Fleet Services 159440 6,394 EMBEDDED SYSTEMS INC Repair&Maint.Supplies Emergency Preparedness 159441 399 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 159442 463 ENGINEERED ICE SYSTEMS Contract Svcs-Ice Rink Ice Arena Maintenance 159443 139,365 ENGINEERING&CONSTRUCTION INN Improvement Contracts Utility Improvement Fund 159444 6 ESPRESSO MIDWEST INC Supplies-General Building City Center Operations 159445 126 FALCK,TIMOTHY R Other Contracted Services Volleyball 159446 106 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services 159447 140 FLANAGAN SALES,INC. Building Repair&Maint. Riley Lake 159448 16 FORCE AMERICA Equipment Parts Fleet Services 159449 3,107 G&K SERVICES Clothing&Uniforms Fleet Services 159450 628 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 159451 2,041 GARTNER REFRIGERATION&MFG IN Contract Svcs-Ice Rink Ice Arena Maintenance 159452 38 GENERAL SAFETY EQUIPMENT COMPA Equipment Parts Fleet Services 159453 2,174 GRAINGER Equipment Repair&Maint Fleet Services 159454 111 GREEN,THOMAS 0 Protective Clothing Fire 159455 1,529 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 159456 433 GUNNAR ELECTRIC CO INC Other Contracted Services Capital Impr./Maint.Fund 159457 4,250 HARLEY CONSULTING&COACHING Other Contracted Services Organizational Services 159458 2,312 HARMON INC. Contract Svcs-General Bldg Fire Station#2 159459 16,531 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 159460 2,993 HAWKINS INC Treatment Chemicals Water Treatment Plant 159461 107,250 HENNEPIN COUNTY TREASURER Principal Park Acquisition&Development 159462 252 HENRY,PAUL Other Contracted Services Volleyball 159463 624 HOLMES,JOHN CARTER Other Contracted Services Basketball 159464 451 HOLMES,TOM Other Contracted Services Volleyball 159465 8,670 HOUSE OF PRINT Printing Community Brochure 159466 105 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 159467 350 ICE SKATING INSTITUTE Licenses&Taxes Ice Arena 159468 149 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 159469 43 IMAGETECH SERVICES Operating Supplies Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 159470 400 IMAGEWERKS MARKETING INC Other Contracted Services Economic Development 159471 668 IND SCHOOL DIST 272 Operating Supplies Police 159472 581 INTERSTATE BATTERY SYSTEM OF M Equipment Parts Fleet Services 159473 2,757 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 159474 48 JANEX INC Cleaning Supplies Community Center Maintenance 159475 12,802 JANSON,JAMES R Improvements to Land Park Acquisition&Development 159476 1,035 JLM LANDSCAPING LLC Other Contracted Services Water Distribution 159477 558 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 159478 4,056 KEEPERS Clothing&Uniforms Police 159479 1,370 KENNAMETAL INC Equipment Parts Snow&Ice Control 159480 73 KLOECKNER,LINDA Other Contracted Services Community Center Admin i 159481 368 KOENIG&SONS EQUIPMENT INC Equipment Repair&Maint Fleet Services 159482 438 KORSMO,ANNE Other Contracted Services Basketball 159483 45,210 L&R SUBURBAN LANDSCAPING Other Contracted Services Storm Drainage Projects 159484 955 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1 159485 987 LANDS END CORPORATE SALES Clothing&Uniforms Police 159486 2,452 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Services 159487 150 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 159488 389 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 159489 3,120 LINDUS CONSTRUCTION Other Contracted Services Rehab 159490 10,595 LIQUID ENGINEERING CORPORATION Maintenance Contracts Water Treatment Plant 159491 2,164 LON MUSOLF FLOORING COMPANY Contract Svcs-General Bldg Outdoor Center Facilities 159492 6,200 LOUELLEN ESSEX&ASSOCIATES Conference Expense Parks Administration 159493 365 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Fleet Services 159494 557 MENARDS Operating Supplies Park Maintenance 159495 7 MERLINS ACE HARDWARE Supplies-Plumbing Community Center Maintenance 159496 204 METRO CONCRETE RAISING INC Repair&Maint.Supplies Storm Drainage 159497 1,421 METRO FIRE Protective Clothing Fire 159498 231,524 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 159499 724 METROPOLITAN FORD Equipment Parts Fleet Services 159500 1,833 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 159501 4,084 MIDWEST DESIGN CO Other Contracted Services Communication Services 159502 558 MIDWEST TELETRON INC. Office Supplies Police 159503 374 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services 159504 2,420 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 159505 901 MITY-LITE INC Supplies-General Bldg Senior Center 159506 24,622 MOBILE RADIO ENGINEERING Equipment Parts Wireless Communication 159507 460 MORLEY BURNETT Contract Svcs-General Bldg Ice Arena Maintenance 159508 3,575 MTI DISTRIBUTING INC Equipment Repair&Maint Fleet Services 159509 15,203 NOKOMIS SHOE SHOP Clothing&Uniforms Sewer Utility-General 159510 274 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 159511 359 NORTH STAR WIPER&IND SUPPLY Protective Clothing Fire 159512 910 NORTHWEST OPTICIANS Clothing&Uniforms Police 159513 129 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 159514 207 NUCO21NC Chemicals Pool Maintenance 159515 416 O'REILLY AUTO PARTS Equipment Parts Fleet Services 159516 10 OLSEN COMPANIES Repair&Maint.Supplies Emergency Preparedness 159517 30 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Police 159518 1,500 OSHKOSH TRUCK COPRORATION Equipment Repair&Maint Fire 159519 787 OSI BATTERIES INC Office Supplies Police 159520 163 PAM OIL INC Equipment Parts Fleet Services 159521 1,381 PAPCO INC Janitor Service City Center Operations 159522 6,420 PARK CONSTRUCTION Improvement Contracts ADC PROJECT 159523 40 PARK NICOLLET CLINIC Other Contracted Services Risk Management 159524 619 PEPSI COLA COMPANY Merchandise for Resale Concessions 159525 57 PLASTIC BINDING&LAMINATING I Operating Supplies Utility Operations-General 159526 1,661 PLEHAL BLACKTOPPING INC Other Rentals Street Maintenance 159527 7,937 PRAIRIE ELECTRIC COMPANY Other Contracted Services Sewer Liftstation 159528 170 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 159529 581 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 159530 375 RAY,LEE Other Contracted Services Basketball 159531 450 RICHFIELD BUS COMPANY Special Event Fees Red Hat 159532 19 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 159533 273 ROOT 0 MATIC Contract Svcs-Plumbing Community Center Maintenance 159534 227 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 159535 510 RUMPCA CO INC Waste Disposal Tree Removal 159536 67 SHRED-IT Waste Disposal City Center Operations 159537 631 SIERRA CORPORATION Equipment Parts Fleet Services 159538 2,595 SIGNSOURCE Improvements to Land Capital Impr./Maint.Fund 159539 171 SNAP-ON TOOLS Small Tools Fleet Services 159540 175 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof City Hall-CAM 159541 11,896 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit 159542 405 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 159543 2,948 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 159544 33,693 SPRINGSTED INCORPORATED Other Contracted Services PROJECT FUND 159545 12,419 SRF CONSULTING GROUP INC Other Contracted Services Guide Plan 159546 517 ST JOSEPH EQUIPMENT INC Other Rentals Park Acquisition&Development 159547 939 STAR TRIBUNE Employment Advertising Organizational Services 159548 49 STATE SUPPLY COMPANY Contract Svcs-Plumbing City Hall-CAM 159549 888 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 159550 2,039 STREICHERS Clothing&Uniforms Police 159551 137 SUBURBAN CHEVROLET Equipment Parts Fleet Services 159552 158 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 159553 1,094 SUN NEWSPAPERS Legal Notices Publishing City Clerk 159554 4,114 TESSMAN SEED CO Chemicals Park Maintenance 159555 23,027 THREE RIVERS CONSTRUCTION Improvement Contracts Improvement Projects 1996 159556 5,033 THYSSENKRUPP ELEVATOR CORPORAT Equipment Repair&Maint Traffic Signals 159557 77 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Services 159558 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 159559 8,000 TRADE INNOVATIONS INC Other Contracted Services Emergency Preparedness 159560 426 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 159561 58 TRANSPORT GRAPHICS Office Supplies Police 159562 792 TRUCK UTILITIES MFG CO Equipment Repair&Maint Fleet Services 159563 121 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 159564 656 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 159565 4,337 UNIFORMS UNLIMITED Clothing&Uniforms Police 159566 1,600 VICTORIA REPAIR&MFG Small Tools Fire 159567 388 VOSS LIGHTING Supplies-General Bldg Community Center Maintenance 159568 295 WALL TRENDS INC Contract Svcs-General Bldg Ice Arena Maintenance 159569 153 WALSER CHRYSLER JEEP Equipment Parts Fleet Services 159570 1,739 WATSON CO INC,THE Merchandise for Resale Concessions 159571 33 WAYTEK INC Equipment Parts Fleet Services 159572 12,842 WENCK ASSOCIATES INC Deposits Escrow 159573 43 WESTSIDE EQUIPMENT Equipment Parts Fleet Services 159574 633 WHEELER HARDWARE COMPANY Supplies-General Bldg Prairie Village Liquor Store 159575 675 WIGLEY AND ASSOCIATES Software Information Technology 159576 1,332 WINTER EQUIPMENT COMPANY Equipment Parts Snow&Ice Control 159577 231 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 159578 20 YAHOO! Other Contracted Services Police 159579 10,040 YALE MECHANICAL INC Other Contracted Services Pool Maintenance 159580 420 ZABRANSKY,LAELA Other Contracted Services Volleyball 159581 84 ZAHN,GERALD Other Contracted Services Volleyball 159582 794 ZEP MANUFACTURING CO Equipment Parts Fleet Services 6,185,736 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances&Resolutions December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.A. Scott H.Neal,City Manager Ordinance Amending City Code Chapter 4 Section 4.07 Relating to Restrictions and Regulations for Liquor Licensees Requested Action Move to: Approve first reading of an Ordinance amending City Code Chapter 4 Section 4.07 relating to restrictions and regulations for liquor licensees and adopting by reference City Code Chapter 1 and Section 4.99 which among other things contain penalty provisions Synopsis This is an ordinance amending Chapter 4 to prohibit public nudity or partial nudity of persons within alcoholic beverage licensed premises. Attachments Proposed Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINACE NO. -06 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 4 SECTION 4.07 RELATING TO RESTRICTIONS AND REGULATIONS FOR LIQUOR LICENSEES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie,Minnesota, ordains: WHEREAS, it is in the best interest of the public health, safety and general welfare of the people of the City of Eden Prairie that certain types of entertainment, be prohibited upon a licensee's premises so as to best protect and assist the owners, employees and patrons thereof and the public in general, City Code Chapter 4 is amended as follows: Section 1. City Code Section 4.07, Subdivision 1 is amended by adding item L as follows: L. Licensee to employ, hire, allow or permit any person to dance or perform, or remain in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areola, or any of any portion of the pubic hair, anus, cleft of the buttocks, or genitals. Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation"and Section 4.99 entitled a Misdemeanor are hereby adopted in their entire b reference as violation y p ty y through repeated verbatim herein. Section 3. 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 day of , 200 and finally read and adopted and ordered published at the regular meeting of the City Council of said City on the day of 200_ City Clerk Mayor PUBLISHED in the Eden Prairie Sun Current on the day of , 200 PAHome\EP\ORDINANC\Amending Chapter 4 Section 4.07.doc CITY COUNCIL AGENDA DATE: December 19,2006 SECTION: Reports of Officers DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Sue Kotchevar, Office of the Resolution Certifying the 2007 Property City Manager/Finance Tax Levy,Adopting the 2007 Budget, and Consenting and Approving the 2007 HRA tax levy. Requested Action Move to: • Adopt a resolution certifying the 2007 Property Tax levy to be $31,086,333; • Approve the 2007 Budget of$39,061,313 as reviewed by the Council • Consent and approve the HRA tax levy of$200,000. Synopsis On September 5, 2006, the Eden Prairie City Council adopted a resolution certifying the proposed 2007 City property tax levy. Calculations for the City showed the certified levy to be $31,086,333. The City considers its total net levy to be the amount further reduced by the Fiscal Disparities distribution of($1,369,663). Accordingly, the City's resolution shows a net levy of $29,716,670. According to state statute, the final levy amount must be certified to the county auditor by December 27, 2006. City Council adoption of the final levy and budget will complete this process. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION CERTIFYING THE 2007 TAX LEVY AND ADOPTING THE 2007 BUDGET WHEREAS,the City Council has reviewed the budget recommended by the City Manager,listened to public comment, and discussed the proposals and tax levy for the 2007 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City for the following purposes: Taxes to be levied against tax capacity General Fund $25,356,612 Equipment Revolving Fund 664,968 Capital Improvements 1,629,029 Bonds and Interest 2006C Equipment Certificates 255,000 2006B Building Bond 375,000 2005A Special Assessment Bond 109,000 2004 Building Refunding Bond 215,000 2000A Public Facility Bonds 345,000 2002 Equipment Certificates 155,000 2004 Equipment Certificates 260,000 Net tax capacity levy for certification $29,364,609 Less Fiscal Disparities distribution 1,369,663 Net tax collectible in 2007 $27,994,946 Taxes to be levied against market value 2003A Refunding Park Bonds $ 435,000 2003C Refunding Open Space Bonds 210,000 2005C Park Bonds 249,975 2006A Park Bonds 826,749 Market value tax levy for certification $ 1,721,724 Total net tax collectible in 2007 $29,716,670 Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required(as shown in Exhibit I). BE IT FURTHER RESOLVED that,with the conclusion of the Proposed Property Tax and Budget Hearing process,the City Council approves the 2007 Budget totaling$39,061,313. RESOLVED that the council consents and BE IT FURTHER RESOL approves the 2007 HRA tax levy of $200,000. ADOPTED by the Eden Prairie City Council this 19th day of December, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2006,COLLECTED YEAR 2007 EXHIBIT 1 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual Levy* OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2006/2007 2006/2007 G.O.Public Facility Revenue Bonds 2000A 12/01/00 $3,390,000 $342,825 $345,000 G.O.Equipment Certificates 2002 03/01/02 $890,000 $201,792 $155,000 G.O.Refunding Open Space Bonds 2003C 02/19/03 $1,145,000 $172,098 $210,000 G.O.Refunding Park Bonds 2003A 02/19/03 $3,185,000 $437,207 $435,000 G.O.Public Facility Building Refunding Bonds 2004A 01/15/04 $745,000 $211,659 $215,000 G.O.Equipment Certificates 2004B 12/29/04 $1,137,000 $258,774 $260,000 G.O.Permanent Improvement Revoling Fund Bonds 2005A 07/01/05 $2,390,000 $108,242 $109,000 G.O.Park Bonds 2005C 12/02/05 $4,920,000 $249,975 $249,975 G.O.Park Bonds 2006A 01/01/06 $8,425,000 $826,749 $826,749 G.O.Park Bonds 2006B 07/01/06 $4,290,000 $374,763 $375,000 G.O.Park Bonds 2006C 09/01/06 $1,080,000 $262,526 $255,000 GRAND TOTAL $ 3,446,610 $3,435,724 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director December 19,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Robert A. Lambert, Director Baseball Association Request— Parks and Recreation Round Lake Baseball Field Stadium Requested Action Move to: Approve the ad alternate to the Baseball Field bid to include construction of a stadium,provided the Baseball Association contributes $200,000 toward the project. Synopsis The Baseball Association has requested the City to provide plans and specifications for a stadium at the relocated baseball field at Round Lake Park. The estimated cost for the 380 seat stadium is approximately $442,000.The Baseball Association is willing to donate$200,000 for this project. City funding for the remaining cost would come from park dedication fees. The Parks,Recreation and Natural Resources Commission unanimously recommended approval of this project at their December 4d'meeting. Background The Baseball Association believes that the relocated baseball field at Round Lake Park will become the premier baseball field in Eden Prairie.This sand-based field will be lighted,have dugouts, bullpens, and a batting cage. With the addition of the stadium,the field would have 380 seats, approximately 100 of those seats would be individual seats with backs. The top two rows would be under a roof;however, due to the orientation of the field,the roof would provide shade for all of the seating for late afternoon games. The plan would also include a press box with a concession below the press box. The concession stand would not have running water, and there would be no restrooms with this plan. There would be an enclosed screened area for three portable toilets on site. The estimated cost includes$359,000 for the construction of the plaza,plus an additional $83,000 for contingency and design fees for a total estimated cost of$442,000. The Baseball Association is proposing to fund forty-five percent of the cost of this project.The Baseball Association is funding fifty percent of the cost of the lighting and the dugouts for this field as well.Eden Prairie Baseball Association has set the standard for special interest groups providing matching funds for any improvements to facilities they are using.They consistently have provided fifty percent of the improvements for most of the baseball fields within the community over the last five to six years. With the improvements to this baseball field,the Baseball Association believes that Eden Prairie would have one of the better baseball complexes in Minnesota for hosting tournaments at Round Lake Park with this field and the existing high school field.The high school baseball coach has indicated the high school may request to utilize this baseball field as their"varsity field"when it is completed,as he expects this field to be the premier field in Eden Prairie. Attachments Diagrams of Baseball Stadium Architectural Rendering of Baseball Stadium J �l Qom` b. S r� LL r vawr � �h W ua�i vac mob. Y �}m \ 381 SEATS ftH uort vac +p i \ \ \ vxas as �Yma awr \ / SUM 4VDE ara may \ FLOOR PLAN-BASEBALL STADI� / �/ SCALE:1/16'=P-O' N w \ wig zz N r a [err M IM ; _ .. m r a a r � = SI LAN-BA EBALL STADIUM / n CALE:,ice-r-T �p .. 4-1 4 # " r� . s Y y �K n a' r CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director December 19, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Robert A. Lambert, Director Round Lake Water Quality Report& Parks and Recreation Round Lake Beach 2007 Requested Action Move to: Recommend the City Council budget$25,000 for Round Lake water quality management in 2007 and$35,000 for Round Lake Beach operations during the summer of 2007.Funding source for the water quality management should come from the storm water management fund; and funding for the beach operations from the general fund. Synopsis Attached to this memorandum is a summary report from Steve McComas of Blue Water Science for Round Lake for 2006. This summary report indicates that Round Lake water quality for the last two years has been well within the State lake water quality goals for recreational swimming. Mr. McComas makes several recommendations that are consistent with the recommendations made by the Riley Purgatory Bluff Creek Watershed District for continued improvement of water quality within Round Lake. Mr. McComas will be in attendance at the December 19 meeting to answer any questions Council members may have regarding recreation use of Round Lake. Although it appears as though the phosphorus fertilizer restrictions and the storm water pond improvement projects are having the desired affect on water quality improvement in Round Lake,the question of effective goose management during the month of August will still be the challenge to keeping this lake open for public swimming until Labor Day each year. Mr. McComas will address questions regarding goose management as well as water quality issues. The Parks, Recreation and Natural Resources Commission supported this recommendation at their December 4 meeting. Attachments Summary of Round Lake Management Activities for 2006 ;� t'�,� 't ..• •fir <s ,,� � � '~ i '+".,+• s 6y�' � ti•• a �Ir�" .,wt�,,; �' <_ ,fir �� + i .4 -INIV ,;�"Evetier•Wa"y ` ,', Ccured '.a © w m ; y Round Lake, Eden Prairie (Google Map) Summary of Round Management Activities for 2006 Submitted to: Prepared • City of • McComas St. Paul, MN Blue Water Science 651 .690.9602 2006 Summary of Round Lake Management Activities for 2006 1. Water Quality Summary 1.1. Results for 2006 Water quality data for Round Lake (33 acres)in 2006,the first year of the lake improvement program, are summarized in Table 1. Seasonal results show that the lake continues to go to meet water quality goals. Also, E. Coli levels were below US EPA swimming beach criteria for the summer months. Water quality for three stormwater ponds is shown in Table 1 as well. The Bren Lane Pond and RLP Pond had elevated phosphorus concentrations. Park Pond had good water quality. Table 1. Eden Prairie water quality data 2006. Results for secchi disc (SD)are in feet,total phosphorus (TP)are in ppb, chlorophyll a(chi) are in ppb,fecal coliform (FC) are in CFU/100 ml (colony forming units), and E coil (EC)are in CFU/100 mi. Lakes Round Lake Bran Lane Pony! RLP Pond Park Pond SID TP Chi FC EC SD TP Chi SD TP Chl SD TP CM Top Bot May 18 13.1 281 86 <1 - 2.0 ` 119 21.21 1.5 271 78.8 2.5 bot 39 1.1 May 30 13.1 25 163 <1 <10 2.3 bot 141 11.5 1.0 est 594 155 1.0 est 102 1.7 June 14 7.0 41 84 17.61 10 - 127 24.81 398 162 - 73 8.6 June 28 8.5 41 84 9.41 <10 183 - - 191 -- 65 -- July 7 7.7 39 74 11.9 20 <1 206 84.41 241 1.7 173 41.0 July 26 7.2 28 381 7.3 40 <1 0.9 190 216 1.0 bot 370 7.2 2.0 bot 165 108 Aug 14 3.7 _ -- 30.3 240 2 -- _ - -- -- - - Aug 30 3.9 25 69 29.2 63 <1 0.8 228 361 1.5 bot 148 58 2.0 botj 119 106 Sept 19 4.0 26 346 13.0 160 29 - - - -- - - _ - Sept 28 1 4,91 341 211 20.51 54 221 0.8 267 16 1 61 1.01 151 36,8 2.0 66 5.7 May-September Average 7.3 32 °166 14.1 67 9 1.2 196 ' 126 1.2 266 '128 1-9 99 38.9 June-August Average 631 351 1381 17.6' Table 2. Lake goals and lake results for 2006. Lake Water Quality Goals Impaired Water Round Lake (based on MNLEAP model) Status 2006 Secchi Disc(m) 1.3 1.4 2.2 Total Phosphorus(ppb) 50 40 32 Chlorophyll a(ppb) 20 14 14.1 E.coil(cfu/100 ml) -- 234* 0.29(range) *E.coli limit for safe swimming is based on US EPA criteria of less than 234 cfu. The swimming beach area was below this criteria through the summer. Summary of Round Lake Management Activities for 2006 Round Lake Watershed (444 acres, including the lake) Air U AN9 �f pj Bran Lan P — AG 1!A2 Inflow #2 RL �' ;. RLP r P -- ' Round Lake Watershed Park and Landuse Pond y n/Drainage Arrows J \ I �. Y ,.•� ,,,�„.�.,.,,,,:: 0 Drainage Areas Landuse N 4_ lillllCOMMERCE /` DWELLING r�. FARMSTDS LB !t1fi GRASSLND 1 IIII INDTRL LCCROPS LCWATER t7 ) PSPR2AREA ►rY " }R3AREA * 1r TRANSPRT _ m v.ar)fN. .lYwx ,14:cE. =Z WETLANDS + WOODS 0 300 500 g00 1200 1500 Feet Subwatershed Areas: 1. 235 ac 2. 58 ac 3. 26 ac 4. 11 ac 5. 37 ac Direct: 46 ac Figure 1. Round Lake subwatershed boundaries are outlined in red. The watershed area was calculated to be 444 acres(includes lake area). The largest subwatershed is subwatershed 1 and is 235 acres in size(source: Barr 1999). Summary of Round Lake Management Activities for 2006 2 1.2. Round Lake Long Term Trends Secchi Disc Transparency: The Secchi disc is a black and white disc lowered into the lake until it can just barely be seen and is a measure of water clarity. Secchi disc transparency, as characterized by summer averages,has fluctuated over the years of record, from 1972-2006(Figure 2). The fluctuating seasonal average could represent the effect of the fish community on water quality,especially in the early 1980s. Since 2000, water clarity is probably influenced by the fish community and the nutrient loading to the lake. Water clarity has been better than the lake goal of 1.3 m in 2005 and 2006. 0 1 to Lake Goal 1.3 m 2 7A 2A 2.t 2.4 .4 2.3 .ti 3 3.0 22 4 4 49 5 61972 19761ti80 IM1964 ION 1088 2 2006 1975 1981 19M 19e5 IQ87 11Q1 im 1097 2001 2003 2006 Figure 2. Growing season average Secchi disc readings from 1972-2006. Summary of Round Lake Management Activities for 2006 3 Total Phosphorus: Phosphorus is the nutrient that typically stimulates algae growth. When phosphorus concentrations get over 40 or 50 ppb,they can produce algae blooms and create turbid water conditions which reduce water clarity. Summer average lake phosphorus concentrations for 1972 through 2005 are shown in Figure 3. Seasonal average phosphorus concentrations in Round Lake ranged from a high of 99 ppb in 1987 to a low of 20 ppb in 1972. Phosphorus concentrations in 2005 and 2006 were below the lake goal of less than 50 ppb,meaning the Round Lake phosphorus concentration had met the goal. 100 80 72 74 60 60 Lake 33 Goal � :, .. . aPbS k fi. .�� k... ... 50 ppb 40 43 1 42 41 34 : M. i 28 20 01972 1978 19W 1982 1984 19M 1MMS 2002 2000 1976 1981 1983-1M 1967 1991 1903 1997 2001 2003 2005 Figure 3. Summer average phosphorus concentrations for Round Lake for 1972-2006. Summary of Round Lake Management Activities for 2006 4 Chlorophyll and Algae: Algae are small green plants, often consisting of single cells or grouped together in filaments(strings of cells) or colonies. The algae biomass in a lake is commonly characterized by measuring the chlorophyll content in the algae that are living in the lake water. Summer average chlorophyll results for 1972 through 2006 are shown in Figure 4. The summer average has ranged from a high of 37 ppb in 2003 to a low of 4.7 ppb in 1981. In 2005,the chlorophyll was average at 11 ppb-chlorophyll. In 2006, chlorophyll was slightly higher,but still within the lake goal 20 ppb or less. The algae community was dominated by dinoflagellates in July and August of 2005 and 2006. 40 37.0 '357 35 30 30 Q 25 .4 Lake 20 17.2 rr.trii Goal 20 ppb 15 15.t 11 3 11.4 11.0 10 7.0 5 01972 1078 1980;1082 1084 198e 1088 2002 2000 1975 1981 1983-1986 1987 1991 1093 1997 2001 2003 2005 Figure 4. Summer average chlorophyll concentrations in Round Lake for 1972 -2006. Summary of Round Lake Management Activities for 2006 5 2. Watershed Projects in 2006 2.1. Use of Barley Straw in Bren Lane and RLP Stormwater Ponds to Improve Water Quality Historically barley straw has been used to control algal growth in ponds. Recent research results (McComas and Anhorn, 2005) indicate barley straw acts as an organic carbon amendment which stimulates carbon-limited microbial growth in ponds. Because barley straw has a unique characteristic of having a low phosphorus content, as the microbial community begins to multiply, it consumes the organic carbon in the barley, but is forced to obtain phosphorus requirements from the water column of a pond or lake. Based on field monitoring data, it appears that the installation of barley straw in ponds can result in a net phosphorus removal from the water column. Based on results from other ponds, it may be possible to achieve up to a 50%reduction in phosphorus outflow concentrations from stormwater ponds compared to a condition where no barley has been used(Steve McComas,unpublished). i i y SC S¢ a t r I rye+ Figure 5. Barley straw comes in pelletized form and is contained in mesh bags. This was the type of barley installed in the two ponds. Summary of Round Lake Management Activities for 2006 6 dr Ft l � '1 ya i �41xRYa 3~ Er �� • }. ar« -r G r t:= i '' ;r a lrs' �'.� a �i d�•r�x,� " t a r Fkq A y �� �a "i f "'� Figure 6. The mesh bags holding the barley are tied together using cable ties in a set of 4 to 10 bags. Each end of the"string" of barley bags is staked in shallow water,about 2 feet deep,close to shore. Barley straw was installed in two ponds on May 18,2006 at 400 Ibs/acre in Bren Lane Pond and at 350 Ibs/acre in RLP. The watershed map on page 2 (Figure 1)shows the pond locations. Summary of Round Lake Management Activities for 2006 7 Conclusions and Recommendations: The installation of barley straw into the two stormwater ponds did not appear to significantly reduce phosphorus concentrations in the ponds. However,because in other ponds,phosphorus levels have decreased with the use of barley straw, it's possible that something may have kept barley from lowering phosphorus in the Round Lake stormwater ponds. One of those factors could be excessive numbers of fish. Fish surveys were conducted in the two Round Lake ponds in 2006. Netting results showed fish were in both ponds that had barley straw(details are given in the next section, 2.2). However,because fish data, for stormwater ponds is scarce, it is difficult to determine if fish are excessive and are contributing to poor water quality by negating the effects of barley straw. However,the fish densities found in the Round Lake stormwater ponds are similar to fish densities associated with degraded water quality found in other wetland systems(Zimmer et al 2001). A water quality goal for the stormwater ponds is to maintain a seasonal total phosphorus concentration average of 150 ppb. The two ponds with barley straw and fish are above the phosphorus goal with concentrations at 196 ppb(Bren Lane)and 266 ppb (RLP). Phosphorus concentration goals and phosphorus loading goals are shown in Table 3. To achieve the phosphorus goals for Bren Lane and RLP, it is recommended that in 2007, fish removal by trap netting be conducted in Bren Lane Pond and RLP Pond in early summer. In addition, it is recommended that the same dose of barley straw be installed in the two ponds again in 2007. Table 3. Existing phosphorus conditions and target conditions for pond phosphorus concentrations. Bren Lane RLP Predicted Existing Predicted Existing Conditions Conditions with Goal Conditions Conditions with Goal Without Barley Barley(2006) Without Barley Barley(2006) Total phosphorus concentration 193 196 150 233 266 150 (May-Sept)(ppb) Phosphorus loading to the pond(kg/yr) 25 26 19 40 37 20 Estimated phosphorus flow weighted 322 326 235* 325 302 165* mean concentration(ppb) *represents an"equivalent"flow weighted mean concentration Summary of Round Lake Management Activities for 2006 8 2.2. Fish Survey of Bren Lane, RLP, and Park Stormwater Ponds Tributary to Round Lake One of the factors influencing watershed nutrient loading to Round Lake is the nutrient concentration in the tributary stormwater ponds. If the ponds sustain high phosphorus levels,then they will discharge a high phosphorus load to Round Lake. One of the components that could influence nutrient concentrations in the shallow stormwater ponds is the fish community within the pond. Results: Two trapnets were set in Bren Lane, RLP, and Park stormwater ponds on July 5, 2006. Trapnets were checked for the next two days. A summary of catch rates is shown in Table 4. Two of the three ponds had fish. Fathead and shiner minnows were the dominant fish in the Bren Lane Pond and bluegill sunfish were the dominant fish species in RLP Pond. No fish were found in the Park Pond. Other fish species observed in the ponds were stickleback, minnows, largemouth bass, several species of sunfish and black bullheads(Table 4). A variety of wildlife was found as well and included snapping turtles,painted turtles, frogs,tadpoles, crayfish, and muskrats. Table 4. Summary of trapnet catch rates from three stormwater ponds tributary to Round Lake. Bran Lane RLP Park* 2.2ac 0.4ac 0.5ac (n=2 nets) (n=4 nets) (n=4 nets) number/net Ibs/net number/net Ibs/net number/net Ibs/et Largemouth bass - 4 1.5 - — Bluegill sunfish — -- 171 3.5 - Pumpkinseed sunfish 9 0.8 3 0.1 — - Green sunfish 127 2.4 -- Black bullheads 4 0.9 -- - Fatheads 422 1.9 - - - Sticklebacks 2 - - Shiners 1,015 2.4 - -- Total/net 1,570 8.4 178 5.1 0 0 Snapping turtles 1 0.3 0.3 Painted turtles 0.5 1.3 0.3 Tadpoles 0.3 Frogs 0.3 Snails 25+ Muskrats I I I 1 1 0.3 Summary of Round Lake Management Activities for 2006 9 Fish Impacts on Stormwater Pond Water Quality: At the fish density found in the stormwater ponds,its feasible that fish are contributing to poor water quality in the Round Lake stormwater ponds(Table 5). How do fish cause poor water quality? At high densities,minnows and young bluegill sunfish deplete zooplankton in the water column as well as feed off the pond bottom. The bottom feeding results in resuspension of pond sediments. However,there is another impact as well. The fish ingest sediment along with food particles, and excrete most of the sediment which is high in phosphorus. This is another way phosphorus gets in the water column. Stomach content analysis of minnows in other lakes with similar fish densities found bottom detrital material in their guts and confirms that fish are feeding off the bottom. The result is an elevated phosphorus concentration in the stormwater ponds resulting in abundant algae growth combined with the suspension of bottom pond sediments that together produce poor water clarity. Table 5. Growing season (May-September) total phosphorus concentrations in three stormwater ponds and predicted phosphorus concentrations. Bren Lane RLP Park (fish present) (fish present) (no fish) 2006 actual TP concentration 196 266 99 Predicted TP concentration(based on estimated p 193 233 158 loading and MNLEAP lake model) Conclusions and Recommendations: Barley straw was installed in the three stormwater ponds in 2006. Because barley straw has improved water quality in other metro area ponds it was anticipated that water quality would improve in the stormwater ponds as well. However water quality improved only slightly in the Round Lake stormwater ponds. The total phosphorus goal for the ponds is a seasonal average of 150 ppb. Maybe the fish are keeping the ponds TP artificially high. The fish density found in the Bren Lane and RLP Ponds is at the level that has been shown to have adverse water quality impacts in other wetland systems. It is assumed that in the Round Lake stormwater ponds,the fish density was high enough to raise the phosphorus concentration to a higher concentration than would have been observed if a lower fish density was present. It is recommended in 2007,that young of the year bluegills and fathead minnows should be seined or trapped and removed from the two ponds and then add barley to see if water quality improves compared to 2006 levels. Figure 7. [left] Minnows collected from Bren Lane Pond. [right] Removing a snapping turtle from RLP Pond. Summary of Round Lake Management Activities for 2006 10 I Lake Projects in 2006 3.1. Status of the Round Lake Fishery Round Lake has a somewhat famous fish history. In the fall of 1980, the fish community was eliminated with the fish toxicant rotenone and then restocked. The objective was to improve water quality. Scientists from the University of Minnesota followed the changes in the fish, zooplankton, algae, and clarity from 1980 through 1982. Lake water quality improvements were noticeable for a couple of years (Shapiro and Wright 1984). This has been a widely referenced biomanipulation study. When conditions started to get worse, the lake was rotenoned again in the fall of 1985. This second attempt to improve the lake conditions was short-lived. A history of bluegill sample results since 1975 is shown in Figure 8. High densities of bluegills (over 100 per net)have been recorded for a number of years since 1975. High bluegill densities can have adverse impacts on water quality and may explain some of the poor water quality conditions observed over the years. However, there has been a decreasing trend in bluegill density since 1991. The decreasing trend may be due to better predation pressure by the predator fish in the lake, like largemouth bass. It's possible the reduction in the high density of bluegill sunfish has a beneficial impact on water clarity. The most recent fish survey conducted in June of 2006 by the MnDNR shows bluegill densities are acceptable for water quality considerations. 450 400 350 300 250 200 150 100 50 01078 1978 1980 1982 1994 1080 1988 1990 1992 1994 1990 1998 2000 2002 2004 2000 1977 1079 1981 1983 1985 1987 1989 1091 1993 1995 1997 1999 2001 2003 2005 Figure 8. Bluegill sunfish trapnet catches from the MnDNR fish surveys from 1976 through 1994 (from Barr 1999)and 2000 and 2006 MnDNR data. Summary of Round Lake Management Activities for 2006 1 3.2. Status of the Round Lake Aquatic Plants for 2006 The status of aquatic plants in Round Lake is good. Aquatic plant coverage is approximately 64%of the lake area. Research results show when aquatic plants cover at least 40%of the lake, there is a good possibility that plants help sustain clear water conditions. Coontail is the dominant aquatic plant. Eurasian watermilfoil is widespread but does not grow to nuisance conditions. Table 6. Round Lake aquatic plant occurrences for the 2006 surveys. May 30,2006 July 26,2006 %Occur %Occur Spatterdock 5 _ (Nupharvariegatum White waterlily (Nymphaea tuberose) 65 60 <� Coontail 100 100 (Ceratophyllum,demersum) — - Elodea 5 _ (Elodea canadensis) J'-I Eurasian watermilfoil 85 45 (Myriophyllym spicatum) j Naiads (Najas flexilis) 5 �.. Curlyleaf pondweed 5 (Potamogeton crispus) r=; . Stringy pondweed 10 __ Coontail on a sampling rake. (P.sp) Coontail was widespread throughout Filamentous algae 85 25 the lake. 3 I c2 '� �' 3 c2 4 , I! 4 wOOCEA -. •, wckoCFC J� AREA J/J } ARkA J - o 10 45 , .. \.`\ �I• ) ➢ 1, ' ... / > '.' i y 2006 _:.._..:July 2006 Figure 9. Aquatic plant coverage in early and late summer in Round Lake in 2006. Plants cover about 64% of the surface area or about 21 acres. Summary of Round Lake Management Activities for 2006 12 3.3. Goose Control Maintaining a low resident goose population has multiple benefits for Round Lake which include: reduced nutrient loading to the lake,reduced loading of E. coli to the swimming area, and reduced goose"litter" in the park. In 2006, 21 geese were removed from Round Lake Park. The current resident population is estimated to range from 20 to 50 birds. At this level, lake impacts are minor. However, ongoing goose control is probably necessary. As a contingency project, if E. coli levels get too high in the summer, spraying the swimming beach with a dilute chlorine bleach solution may reduce active E. coli from washing into the swimming area. This technique has been successfully applied at Bush Lake Beach by the City of Bloomington. 104 —x, Geese ; --e-- Dabbling ducks x/ ;�• •-•o-•-- Diving ducks �• is is is i d,• Assume P loading at 103 2,000 g/yr=5 Ibs/yr 4) /��• t13 � , O /. rZ i 3 0 102 • 30 geese for 100 days= 3,000 waterfowl-use days I% 101 102 103 104 105 Annual effective waterfowl-use days (d yr') Figure 10. Relation between annual waterfowl use days and the annual phosphorus loading rate by three kinds of waterfowl(from Manny et all 1994). For Round Lake,with the present low resident goose population,phosphorus loading from geese is low at about 5 lbs of P/yr. Summary of Round Lake Management Activities for 2006 13 4. Recommended Projects for 2007 Recently implemented and ongoing projects: 1. Phosphorus fertilizer restrictions (State law). 2. Stormwater management projects (three pond upgrades and one new constructed pond are proposed by the Watershed District). 3. Ongoing goose control(goose removal program should continue). 4. Street sweeping (city-sponsored). 5. Ongoing education program. Project Plans for 2007: 1. Stormwater pond projects. 1.1. Based on fish survey results of three ponds in 2006 showing high levels of fish in two ponds, conduct fish removal in two key stormwater ponds in 2007. 1.2. Install barley straw in two stormwater ponds to reduce phosphorus concentrations. 2. Shoreland projects. 2.1. Maintain shoreland native plant buffers for water quality and to dissuade waterfowl from entering the lake. The current buffer is adequate and should be maintained. 3. Biomanipulation projects. 3.1. Maintain native aquatic plant base and maintain a balanced fishery. As a contingency, to reduce phosphorus, crushed corn could be applied to the lake. Based on the latest plant surveys and the MnDNR fish survey from 2006, the plant community is adequate and fish community appears to be in a balanced condition. At this time,no additional work is neede d. 4. Aquatic plant management of nuisance conditions. 4.1. Managing nuisance non-native aquatic plants: Use mechanical harvesting, if needed, to control nuisance growth of Eurasian watermilfoil in active use areas around the lake. 5. Recreational projects. 5.1. Goose control or, if needed, beach washing to reduce E. coli in the swimming area. 5.2. Aquatic plant management in the swimming area. Nearshore plant maintenance may be needed on a weekly or daily basis to remove plants and filamentous algae that have washed up on shore or to maintain recreational use in the swimming beach area. 6. Watershed and lake monitoring program Summary of Round Lake Management Activities for 2006 14 Project Budget for Year 2 from Lake Management Plan: Estimated annual costs and a five-year total project cost for the Round Lake management program are summarized in Table 7. Several capital improvement projects that involve stormwater pond upgrades and construction have already been allocated. Table 7. Round Lake management project sequence, annual costs, and total project cost for a 5-year program. 2006 2007 5 Year 00 Project Number(from Section 5) Actual Proposed 2m 2ate Estimate 2ate Estimate Estimated Costs Costs Estimate Cost 1. Watershed Projects 1.1. Fish surveys or removal in three 4100 s5,000 s1,600 s1,600 - s12,300 stormwater ponds. _ 1.2. Install barley straw in two key 3500 4000 s3,500 <_11,000 ponds. 2. Shoreland projects. 2.1. Maintain shoreland conditions. (inventory) 0 City City-[-City 0 (� rY) 3. Biomanipulation projects. 3.1. Aquatic plant projects(possible 3,600 ` no removal 2500 2500 2500 11,100 custom harvesting). (surveys) needed 3.2. Fish projects(possible fish removal MnDNR no removal 6,000 program). Survey needed (removvalal if f (removal if 0 12,000 needed) needed) 3.3. Algae control projects(organic no organic carbon amendment may be used if carbon 5800 5800 5800 17,400 needed). needed 4. Aquatic plant nuisance control. 4.1. Managing non-native invasive plants,primarily in the swimming 3000s. - -- - 3,000 area 5. Recreational projects. 5.1. Goose control. 1500 3000 1500 1500 1500 9,000 5.1. Nearshore aquatic plant 0 2000 2000 1500 1000 6,500 maintenance 6. Watershed and lake monitoring and plant 5000 8600 14300 14300 14300 56,500 surveys TOTAL $17,700 $25,000 $37,200 $33,200 $25,100 $138,800 Reserve Projects A. Additional street sweeping. 110/hr(est) City City City City B. Lake sediment alum project 16,000 16000 32000 (if needed) Summary of Round Lake Management Activities for 2006 15 5. References Anderson,M.R. and J. Kalff. 1986. Nutrient limitation of Myriophyllum spicatum growth in situ. Freshwater Biology 16:735-743. Anderson, M.R. and J. Kalff. 1986. Regulation of submerged aquatic plant distribution in a uniform area of a weedbed. Journal of Ecology 74:953-961. Barko, J.W. and R.M. Smart. 1986. Sediment related mechanisms of growth limitation in submerged macrophytes. Ecology 67:1328-1340. Barko,J.W., D. Gunnison, and S.R. Carpenter. 1991. Sediment interactions with submersed macrophyte growth and community dynamics. Aquatic Botany 41:41-65. Barr Engineering Co. 1999. Round Lake use attainability study. Prepared for Riley- Purgatory-Bluff Creek Watershed District. Minneapolis, MN. Manny and others. 1994. Nutrient additions by waterfowl to lakes and reservoirs: predicting their effects on productivity and water quality. Hydrobiolgia 279/280: 121- 131. McComas, S.R. and R. Anhorn. 2005. Increasing lake heterotrophic activity with organic carbon amendments to reduce algal blooms. North American Lake Management Society Conference, Madison, Wisconsin. Abstract and presentation. Shapiro,J. and D.I. Wright. 1984. Lake restoration by biomanipulation, Round Lake, Minnesota-the first two years. Freshwater Biology 14:371-383. Zimmer, K.D., M.A. Hanson,M.G. Butler,W.G. Duffy. 2001. Influences of fathead minnows and aquatic macrophytes on nutrient partitioning and ecosystem structure in two prairie wetlands. Arch. Hydrobiologia. 150:411-433. Summary of Round Lake Management Activities for 2006 16