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City Council - 11/14/2006
AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY,NOVEMBER 14, 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. PUBLIC SERVICE AREAS AND EMERGENCY MEDICAL SERVICE DELIVERY Council Chamber III. OPEN FORUM IV. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,NOVEMBER 14,2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal,Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeny I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 3,2006 B. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 17, 2006 C. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 17,2006 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MITCHELL CROSSING by Henry Lazniarz. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment with in the Community Commercial Zoning District on 3.098 acres,Resolution for Site Plan Review on 3.098 acres. Location: Highway 5 & Mitchell Road. (Ordinance for PUD District Review and Zoning District Amendment, Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF PRAIRIE ESTATES 2 ADDITION D. ADOPT RESOLUTION SETTING PUBLIC HEARING DECEMBER 19, 2006 FOR APPROVAL OF LAYOUT AND MUNICIPAL CONSENT FOR THE I-494/TH 169 AND TH 169NALLEY VIEW ROAD INTERCHANGE APPROVEMENTS,I.C. 01-5549 CITY COUNCIL AGENDA November 14, 2006 Page 2 E. APPROVE CHANGE ORDER FOR PHASE II OF THE NONDEGRADATION ANALYSIS,I.C. 02-5585 F. AUTHORIZE PARTICIPATION IN THE MINNESOTA WATER"LET'S KEEP IT CLEAN" PROGRAM,I.C. 05-5657 G. ADOPT RESOLUTION APPROVING JURISDICTIONAL TRANSFER AGREEMENT NO. PW-18-49-06 WITH HENNEPIN COUNTY FOR REALIGNMENT OF CR 4 SOUTH OF CR 1, I.C. 02-5566 H. APPROVE ENGINEERING AGREEMENT WITH AE2S FOR WATER STORAGE CONTROL IMPROVEMENTS AND SOFTENING PROCESS EVALUATION TESTING I. REJECT BIDS FOR BUILDING ENVELOPE WORK AT 17-CITY OWNED BUILDINGS J. ACCEPT BASE BID FOR BUILDING ENVELOPE MAINTENANCE FROM ADVANCED MASONRY RESTORATION AND REJECT ALTERNATE G-1 K. APPROVE LICENSE AGREEMENT WITH CINGULAR FOR AN ANTENNA INSTALLATION ON THE CITY'S MONOPOLE AT THE SENIOR CENTER L. ADOPT RESOLUTION CANVASSING THE NOVEMBER 7 MUNICIPAL ELECTION RESULTS M. AWARD CONTRACT FOR GARDEN ROOM FOOD SERVICE TO CORPORATE CAFES/SKY FOOD CATERING N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HGKI AND BKV FOR TOWN CENTER DESIGN GUIDELINES AND MIXED- USE ZONING ORDINANCE VIII. PUBLIC HEARINGS/MEETINGS A. LOCK UP STORAGE FACILITY by BRB Development LLC. Request for: Planned Unit Development Concept Review on 2.11 acres, Planned Unit Development District Review with waivers on 2.11 acres, Zoning District Change from Rural to Commercial Regional Service on 2.11 acres, Site Plan Review on 2.11 acres and Preliminary Plat of 2.11 acres into one lot. Location: 12995 Valley View Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) B. TWIN CITY CO-OP FEDERAL CREDIT UNION by Twin City Co-op Federal Credit Union. Request 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 CITY COUNCIL AGENDA November 14, 2006 Page 3 District on 1.48 acres, Site Plan Review on 1.48 acres and Preliminary Plat of 4.22 acres into two lots. Location: 8577 Columbine Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Preliminary Plat) C. PUBLIC MEETING TO RECEIVE INPUT ON PROPOSED LRT ALIGNMENTS IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Control of Advanced Life Support Services C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Inspection of Park and Conservation Boundaries 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 MEETING TUESDAY,OCTOBER 3,2006 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. ROLL CALL/CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:00 p.m. IL PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. REPORT ON THE CITY RESPONSE TO THE SENIOR ISSUES TASK FORCE RECOMMENDATIONS Staff Mary Keating introduced members of the Senior Task Force and presented the Task Force's recommendations as well as City Staff responses. Key areas of concern for seniors include housing,transportation, and centralized information on services. Seniors want to be able to"age in place"and remain in Eden Prairie if they wish, living as independently as possible. It is important for them to be able to access both basic needs(groceries,pharmacy) and medical services without having to drive. Seniors also want assurance of the City's commitment to support services and to recreational opportunities. Keating outlined City responses to these concerns. For housing,the Town Center concept outlined in the MCA plan,with residences above retail, good sidewalks and lighting, and a walkable neighborhood should prove very attractive to seniors. Eden Prairie also participates in the Met Council's livable communities initiative, which provides funding to help make 15-20%of housing affordable. In the area of senior transportation,the City does have a committee, formed several years ago when PROP stopped providing volunteer drivers for medical CITY COUNCIL MINUTES October 3,2006 Page 2 appointments. Working with Community Action Partnership of Suburban Hennepin County(CAPSH),the City recently sent a survey to over 2000 seniors to examine the scope of seniors' transportation needs. Those results (over 1200 seniors responded) should define the problem and point toward solutions that could perhaps be joint efforts with other cities. The task force also recommended encouraging development near transportation hubs, promoting the inclusion of transportation services in senior housing developments(as is done by Summit Place and others currently), including medical providers in the solution, and forming public/private/volunteer collaboratives to meet transportation needs. To centralize information and referrals, Staff are collecting information on various services and eligibility requirements at the Senior Center. A brochure is also being developed and the content put online. City department heads indicated ongoing support for services valued by seniors, including Meals on Wheels, Senior Outreach, and the home chore service(all on a sliding fee basis), plus continuation of safety workshops with the police department and recreational services at the Senior Center and elsewhere. Housing and Human Services staff will also try to get a hard number of the number of immigrants in Eden Prairie, data the Task Force thought was important for planning.The Task Force asks the report be used to inform ongoing planning. Tyra-Lukens thanked the Task Force for their recommendations. She asked if other communities have workable models for transportation, particularly volunteer services. Keating said volunteer services are limited. Some offer volunteer drivers where riders pay a fee, but the service is subsidized by the city. Some don't cross city borders. Tyra-Lukens asked if Metro Mobility were an issue. Keating said funding has been cut and seniors must now have a doctor's note stating they cannot use public transportation to be eligible. Tyra-Lukens asked if the report would inform the guide plan, and Neal said yes. Case praised the report and noted the City has been proactive in planning for seniors' needs since the first report in 1996, and this should continue. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added a wine permit item and noted minor wording changes to the Woodland 3`d Addition item on the consent calendar. He added an item requesting a letter to Report of the Parks and Recreation Director. MOTION: Butcher moved, seconded by Case,to approve the agenda as published as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 19,2006 CITY COUNCIL MINUTES October 3,2006 Page 3 MOTION: Aho moved, seconded by Young,to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,SEPTEMBER 19,2006 MOTION: Young moved, seconded by Case,to approve the City Council minutes as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2006-118 APPROVING FINAL PLAT OF WOODLAND 3'd ADDITION C. ADOPT RESOLUTION NO.2006-119 APPROVING FINAL PLAT OF BROOKVIEW RIDGE D. APPROVE LICENSE AGREEMENT WITH T-MOBILE FOR SENIOR CENTER TELECOMMUNICATIONS INSTALLATION E. ADOPT RESOLUTION NO.2006-120 AUTHORIZING EXECUTION OF THE 2006 CDBG SUBRECIPIENT AGREEMENTS F. ADOPT RESOLUTION NO. 2006-121 AWARDING CONTRACT FOR LONE OAK CENTER TRAFFIC SIGNAL TO BEC INC.,I.C. 06-5675 G. APPROVE PROPOSAL FOR WENCK ASSOCIATES TO COMPLETE PHASE II OF THE NONDEGRADATION ANALYSIS H. APPROVE PROPOSAL FOR PREPARATION OF A DISCRETIONARY ENVIRONEMENTAL ASSESSMENT WORKSHEET FOR OAK CREEK AT HENNEPIN VILLAGE ROADWAY ALTERNATIVES ANALYSIS I. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND COMMUNITY ACTION PARTNERSHIP FOR SUBURBAN HENNEPIN COUNTY(CAPSH)FOR THE EMERGENCY VEHICLE REPAIR PROGRAM J. ADOPT RESOLUTION NO.2006-122 APPROVING APPOINTMENT OF ELECTION/STUDENT JUDGES FOR THE GENERAL ELECTION K. AMEND DEVELOPMENT AGREEMENT FOR WOODLAND 2ND ADDITION TO BE ENTITLED "DEVELOPMENT AGREEMENT— CITY COUNCIL MINUTES October 3,2006 Page 4 WOODLAND 3P-D ADDITION"AND AMEND THE LEGAL DESCRIPTION TO"LOT 1,BLOCK 1, WOODLAND 3H"ADDITION" Case asked for clarification on Item H,which seemed to suggest only existing data would be reviewed to determine the hydraulic impact of various bridge designs on the creek and Miller Spring. Dietz said the wording is misstated. New data will also be collected to inform the analysis. MOTION: Butcher moved, seconded by Young,to approve Items A-K on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher,Case,Young and Tyra-Lukens voting"aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS& COMMISSIONS XIIL APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Comments on Proposed EQB Amendments Jeremiah said the Minnesota Environmental Quality Board (EQB)has proposed several rule amendments to the environmental review process for properties in shoreland areas and seeks public comment. These changes would make rules more consistent and protect water quality. Both the Planning Commission and City environmental staff approve the changes. CITY COUNCIL MINUTES October 3,2006 Page 5 MOTION: Aho moved, seconded by Young,to approve the comment letter regarding proposed EQB rule amendments from the City Manager on behalf of the City of Eden Prairie. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Letter and Tree Planting Honoring Dick Brown Lambert reported the Parks Commission had voted unanimously to request that the mayor send a letter to Doris Brown,wife of the late Dick Brown, expressing gratitude for his service to the City, and to have a tree planted in his honor. Brown spent many years as a dedicated defender of trees during development so this gesture would be appropriate. Tyra-Lukens said she would write the letter and praised Brown's enthusiasm and many contributions. MOTION: Case moved, seconded by Young,to direct Staff to plant a tree within the City park system in honor of Dick Brown. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 7:30 p.m. ITEM NO.: VLB. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY,OCTOBER 17,2006 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 ment Director Janet Jeremiah Communications Manager Joyce Lorenz, g Y Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters I. TRAILS UPDATE Parks Manager Stuart Fox presented a PowerPoint update on trail construction projects. The following trails were reconstructed during 2006: • Homeward Hills Road Trail • Tamarack Trail Sidewalk • Staring Lake Loop Trail In addition, construction began on three conservation area nature trails: • Lower Purgatory Creek—Phase 1 • Riley Creek—Phase 1 • Edenbrook—Phase 1 The Lower Purgatory Creek and Riley Creek trails include several bridge crossings. Actual costs for all of the projects came in under budget, in part because City crews were used for as much of the labor as possible. Fox said contractors are also in need of work, which resulted in favorable bids. II. RTA TRAILS AND SIGNAGE PROJECT UPDATE Vicki Pellar-Price and Doug Van Valkenberg, Kestrel Design Group,provided an update on the Elizabeth Fries Ellet Interpretive Trail signage project. Layouts for two signs were distributed for Council to review. Pellar-Price also spoke briefly about fund raisin p Y g efforts for the project. III. CALL NEW FIRE VEHICLES INTO SERVICE Father Tim Powers blessed the vehicles and Mayor Tyra-Lukens officially called the vehicles into service. IV. ADJOURNMENT ITEM NO.: VLC. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,OCTOBER 17,2006 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. ROLL CALL/CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:06 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. TOASTMASTERS' PROCLAMATION Representatives of Toastmasters explained the organization's mission to help members practice communication and leadership skills and receive constructive evaluations. SUPERVALU sponsors five groups in Eden Prairie, all of which are open to the community. Tyra-Lukens read the proclamation and praised the group's contribution to the community. B. BIKE-TO-WORK PRESENTATION Representatives Melissa Madison and Katie Dierks of the 494 Corridor Commission presented results of this year's annual "Commuter Challenge." The Challenge asked commuters to pledge to try an alternative to driving alone at least once between April and June. Information on bike commuting was the most requested. Surveys of participants showed 50%used an alternative more than once, 80% still use the alternative, and 11%permanently converted. Publicity efforts included commuter fairs, onsite bike tune-ups, and internal communications at 25 Eden Prairie employers, as well as a bike display and drawing at the Eden Prairie Community Center. The 494 Corridor Commission CITY COUNCIL MINUTES October 17,2006 Page 2 also provides resources for commuters year round, including bike maps, bike commuting tips, and instructions on how to put a bike on a bus or train. Madison praised Eden Prairie's outstanding participation in the Commuter Challenge and thanked Staff and Councilmember Aho for their service on the Commission and as partners in the effort. She presented an award to the City. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added short item to Report of the City Manager. Tyra-Lukens added two short items under reports of Councilmembers. MOTION: Butcher moved, seconded by Young,to approve the agenda as published as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 3,2006 MOTION: Aho moved, seconded,by Case,to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,OCTOBER 3,2006 Aho asked that attributions of the motions be corrected. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SUPERIOR OFFICE CENTER by United Properties. Second Reading of Ordinance 24-2006 for Planned Unit Development District Review and Zoning District Change from I-2 to Office on 10.36 acres, Resolution No. 2006-123 for Site Plan Review on 10.36 acres. Location: 6509 Flying Cloud Drive(Ordinance No.24-2006 for PUD-16-2006 District Review and Zoning District Change; Resolution No.2006-123 for Site Plan Review) C. ADOPT RESOLUTION NO.2006-124 APPROVING FINAL PLAT OF SUPERIOR OFFICE CENTER D. MCDONALD'S RESTAURANT by McDonald's Corporation. Second Reading of Ordinance 25-2006 for Planned Unit Development District Review with waivers on 1.07 acres,Resolution No.2006-125 for Site Plan Review on 1.07 acres. Location: 598 Prairie Center Drive. (Ordinance No.25-2006 for PUD-17- CITY COUNCIL MINUTES October 17,2006 Page 3 2006 District Review with waivers,Resolution No.2006-125 for Site Plan Review) E. PRAIRIE ESTATES 2ND ADDITION by Prairie Estates of Eden Prairie,LLC. Second Reading of Ordinance No. 26-2006 for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 2.33 acres, Location: Duck Lake Road and 62nd Street West. (Ordinance No. 2006-26 for PUD-18-2006 District Review with waivers and Zoning District Change) F. BLUFF COUNTRY VILLAGE 2002 by Trek Development. Resolution No. 2006-126 granting extension to the development agreement for Bluff Country Village 2002 project and site plan approval. (Resolution No.2006-126 for Extension to Development Agreement). G. APPROVE CHANGE ORDER NO.2 FOR COLUMBINE ROAD PROJECT,I.C. 52-130 H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH S.E.H. INC.FOR DESIGN PHASE SERVICES FOR RECONSTRUCTION OF VALLEY VIEW ROAD,FROM FLYING CLOUD DRIVE TO GOLDEN TRIANGLE DRIVE,I.C. 02-5586 I. ADOPT RESOLUTION NO. 2006-127 CALLING FOR PUBLIC HEARING DECEMBER 19,2006,TO CONSIDER ESTABLISHING A NEW TAX INCREMENT FINANCING REDEVELOPMENT DISTRICT FOR SOLOMON'S TOWN CENTER PHASE I PROJECT J. ADOPT RESOLUTION NO.2006-128 DECLARING"ABANDONED PROPERTY" MOTION: Butcher moved, seconded by Young,to approve Items A-J on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. HEARING FOR APPROVAL OF 2006 SPECIAL ASSESSMENTS (Resolution No.2006-129) Neal said the hearing is to consider levying 2006 Special Assessments. Dietz explained most of the assessments have been done. One item for tall grass and tree removal was appealed, and a meeting with the property owner suggests there may have been an error. Dietz recommended approving all special assessments, with the appealed assessment to be reversed through the normal process if it is determined to be in error. CITY COUNCIL MINUTES October 17,2006 Page 4 MOTION: Aho moved, seconded by Case,to close the public hearing for the approval of the 2006 Special Assessments; and adopt Resolution No. 2006-129 approving all Special Assessments presented in the fall of 2006. 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 XI. PETITIONS,REOUESTS AND COMMUNICATIONS A. COMMUNITY CENTER DONATIONS FROM C.H.ROBINSON AND SUPERVALU Bill Clark, Chairman of the Third Rink Fundraising effort for the Hockey Association,presented progress on fundraising efforts. Two large contributions have been secured: $50,000 from C.H.Robinson(naming rights for the childcare center) and$100,000 from SUPERVALU(naming rights for the main rink). Three other large contributions are being reviewed by corporate committees. About$400,000 has been raised from Hockey Association members. The fundraising effort is still striving to reach its goal by the end of the year. Tyra- Lukens,Aho, and Butcher praised the vision and effort of the Hockey Association. MOTION: Case moved, seconded by Butcher,to approve the naming rights agreement between C.H.Robinson and the City of Eden Prairie and to accept the donation of$50,000 toward the Community Center addition as per the terms of the naming rights agreement. Motion carried 5-0. MOTION: Case moved, seconded by Butcher,to approve the naming rights agreement between SUPERVALU and the City of Eden Prairie and to accept the donation of$100,000 toward the Community Center addition as per the terms of the naming rights agreement. Motion carried 5-0. XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS i CI TY TY COUNCIL MINUTES October 17,2006 Page 5 A. REPORTS OF COUNCILMEMBERS 1. New Fire Equipment Tyra-Lukens thanked Scout Troop 479 for their help in the dedication ceremony for a new fire boat, Engine 41, and a Crash 11 truck that is suitable for airport fires. With the addition of 3 new hook and ladder trucks last year,the fire department, including the new fire station,will be well equipped. Neal noted the City was able to purchase the Crash 11 truck from MAC for$1 after MAC upgraded its equipment. The truck adds new functions(top nozzle and spray foam)the City did not previously have. The agreement was a product of new and improved relationships between MAC and the City. 2. Eden Prairie Reads Tyra-Lukens reported the kickoff event for Eden Prairie Reads, including book discussions and a panel of firefighters and CERT volunteers,was attended by about 50 people. The next event will be an Open House held October 23rd at Fire Station#1. Doors will open at 5:30 followed by singer/songwriter Larry Long and then Population 485 author Michael Parry. B. REPORT OF CITY MANAGER 1. Community Survey i survey tentative) scheduled for the Neal said a draft of the community ey y end of November is in the packet. He asked for Council input so the draft could be finalized by the end of the month. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Golf Course Ordinance Jeremiah noted the City imposed a moratorium on development of golf courses in March 2006 in order to study whether there was any inconsistency between the comprehensive plan designation and the zoning code. After study, Staff recommends establishing a new golf course land use designation and a new zoning district. Staff will meet with golf course owners and a public hearing will be held before the Planning Commission. All property owners within 1000 feet of a golf course perimeter will be notified with a letter including the Staff s recommendation. If the Planning Commission approves the measure, it would come before the Council in December,with reguiding and rezoning to occur in January if CITY COUNCIL MINUTES October 17,2006 Page 6 approved. It should be possible to lift the moratorium well within the one- year deadline. Tyra-Lukens noted the notification boundary is double the normal guideline (500 feet)and asked if Councilmembers were comfortable with the broadness of the notification. Aho confirmed the rule is 1000 feet from the entire perimeter of a golf course. Jeremiah said between 2100 and 2200 property owners would be notified but the effort is appropriate given public interest. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Proposed Employee Discounts for Companies Donating to the Community Center Improvement Proiect and/or Third Rink Proiect Lambert said this item relates to the donations and naming rights already approved. It makes sense to also provide incentives to encourage corporate Boards of Directors to see value for their employees from donations. The proposed discount would apply to companies donating $50,000 or more. All employees of the company would qualify for yearly membership at 25%off the resident rate during the first year of operation at the new Community Center. Thereafter, all employees would qualify for resident rates for the life of the naming agreement(20 years). The plan would encourage memberships and provide an attractive benefit for donors. MOTION: Butcher moved, seconded by Case,to approve a 25%discount on annual residential memberships for all employees of companies that donate $50,000 or more to the Eden Prairie Community Center improvement project and/or the third rink project for the first full year of operation after the Community Center improvements are completed; and to provide those same companies with a complimentary corporate membership for the life of the naming rights(20 years).A corporate membership would allow all of that company's employees to be charged the same rate as Eden Prairie residents for daily use fees of the facility, or membership fees; furthermore, any company purchasing naming rights with a donation of$10,000 or more would also get corporate membership rates for the life of their naming rights. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES October 17,2006 Page 7 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT Neal reviewed the Council schedule for November. There will be a Council meeting November 14'h and a town meeting November 28�h at Summit Place. All residents are invited to attend this informal opportunity to give input to the Council. MOTION: Case moved to adjourn the meeting. The meeting adjourned at 7:43 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 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. New Liquor License for 2006-2007 Licensee name: Select Hotels Group, LLC DBA: AmeriSuites Address: 11369 Viking Drive - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Development/Planning Mitchell Crossing Janet Jeremiah Michael Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment within the Community Commercial Zoning District on 3.098 acres; and • Approve the Resolution for Site Plan Review on 3.098 acres and • Approve the Development Agreement for Mitchell Crossing; and • Approve and Authorize Issuance of a Grading Permit for Mitchell Crossing, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated September 5,2006, as approved by the City Council. Synopsis This is a project for 59 condominium units and 7,000 square feet of retail with 27 affordable units. The 120-Day Review Period Expires on November 15, 2006. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement MITCHELL CROSSING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.27-2006-PUD-19-2006 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 Community Commercial Zoning District 27-2006-PUD-19-2006 (hereinafter "PUD-19-2006- C-COM). Section 3. The City Council hereby makes the following findings: A. PUD-19-2006-C-COM is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-19-2006-C-COM 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-19-2006-C-COM are justified by the design of the development described therein. D. PUD-19-2006-C-COM 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 November 14, 2006, entered into between Mitchell Crossing Properties,LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-19-2006-C-COM, 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 Community Commercial Zoning District and shall be included hereafter in the Planned Unit Development 19-2006-C-COM, 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 p Code Chapter 1 entitled "General Provisions and Definitions " entitled Applicable Entire Penalty for Violation and Section 11.99 cable to the E tire City Code Including Pe a pp �' g tY "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of September, 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 14t'day of November, 2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Mitchell Crossing Parcel 1: Outlot A,Mitchell Crossing 2nd Addition, Hennepin County,Minnesota. Parcel 2: Outlot B,Mitchell Crossing, Hennepin County,Minnesota. Parcel 3: Lot 1, Block 1, Edenvale Recreation Center 2nd addition, Hennepin County, Minnesota, Excepting therefrom, that part of Lot 1, Block 1 lying Southerly of the Easterly extension of the North line of Lot 2, Block 1, the Northerly line of Lot 2, Block 1 extended easterly to a point of intersection with the Easterly line of Lot 2, Block 1, extended Northerly all in Edenvale Recreation Center 2nd addition; And excepting therefrom that part of Lot 1, Block 1, lying Easterly of the Northerly extension of the West line of Lot 3, Block 1, and Southerly of a line parallel with and ten (10') feet Northerly of the North line of Lot 3, Block 1, and Westerly of a line parallel with and thirty (30') feet Easterly of the Northerly extension of the West line of Lot 3, Block 1, and Northerly of the north line of Lot 3,Block 1, all in Edenvale Recreation Center 2nd addition; And excepting therefrom that part shown as Parcel 93 on Minnesota Department of Transportation right of way plat number 27-91, filed in the office of the Hennepiin County Recorder, on April 29, 1999, as Document No. 6888395. MITCHELL CROSSING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.27-2006-PUD-19-2006 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 Highway 5 and Mitchell Road within the Community Commercial 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 92006. (A full copy of the text of this Ordinance is available from City Clerk.) MITCHELL CROSSING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR MITCHELL CROSSING BY MITCHELL CROSSING PROPERTIES,LLC WHEREAS, Mitchell Crossing Properties,LLC,has applied for Site Plan approval of Mitchell Crossing to construct a mixed-use commercial/residential development,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 August 14, 2006 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its September 5, 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 Mitchell Crossing based on the Development Agreement between Mitchell Crossing Properties, LLC and the City of Eden Prairie, reviewed and approved by the City Council on November 14,2006. ADOPTED by the City Council of the City of Eden Prairie this 14t'day of November, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT MITCHELL CROSSING THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of November 14,2006,by Mitchell Crossing Properties,LLC,a Minnesota limited liability company,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 3.098 acres, Planned Unit Development District Review with waivers on 3.098 acres, Zoning District Amendment in the Community Commercial Zoning District on 3.098 acres, Site Plan Review on 3.098 acres,and Preliminary Plat of 3.098 acres into 1 lot and 1 outlot,legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment in the Community Commercial Zoning District , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat,Developer agrees to construct,develop and maintain the Property as follows: l. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated September 5, 2006, reviewed and approved by the City Council on September 5, 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. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the final plat for the Property,Developer shall provide a Cross Access Easement,Private Utility and Maintenance Agreement over the private driveway located within Lot 1, Block 1 of the Property that provides cross access to Lot I, Block 1, Mitchell Crossing 2nd Addition, adjacent to the Property. The form of the Agreement must be approved in writing by the City Engineer.This Agreement shall address joint vehicle access and maintenance over the private streets,storm sewers,and rainwater gardens.All of these facilities shall be privately owned and maintained by the Developer and or fee title 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 immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Cross Access Easement, Private Utility and Maintenance Agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 4. DEDICATION OF PARK LAND: Prior to release of the final plat for the Property, Developer shall tender a warranty deed for proposed Outlot A for review and written approval by the Director of Parks and Recreation Services. After approval by the City, Developer shall file the warranty deed with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the Director of Parks and Recreation proof that the warranty deed has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. 5. 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. 6. 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. 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,wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the rainwater garden conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 242 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Community Commercial Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number) • Floor area ratio from .40 to .58. • Front yard parking setback along Mitchell Road from 35 feet to 10 feet. • Front yard structure setback from 35 feet to 17.5 feet along Cochran Road. • Building height from 40 feet to 56 feet. These waivers are granted based on the provision of 27, one bedroom units currently defined as affordable by Metropolitan Council Liveable Community Program as under$201,800 per unit.. 12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 13. SIDEWALK AND TRAIL CONSTRUCTION: Prior to release of the final plat for the Property,Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Prior to release of any portion of the final plat,Developer shall convey to the city easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services, in the form attached as Exhibit E, for a five-foot wide concrete sidewalk to be located along Cochran Drive,from Mitchell Road to Mitchell Road. After approval by the City,Developer shall file the sidewalk and trail easements,attached as Exhibit E,with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the sidewalk and trail easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office in accordance with the requirements of this paragraph. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 14. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70,Subdivision 5a. 15. 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. 16. WETLAND PLAN: Prior to release of the final plat for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report") in accordance with the Wetland Plan and City Code requirements prior to release of the final plat for any portion of the Property. If the Buffer Report identifies any unacceptable vegetation 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 of the Landscaping of the wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the final plat for any portion of the Property, Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) 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 ofthe development and shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Prior to release of the final plat for the Property, Developer shall submit a Conservation Easement attached as Exhibit_,for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. D. Wetland Buffer Strip Monuments: Prior to release of the first building permit for any portion of the Property, and prior to recording of any document affecting the property, including any mortgage granted by the Developer or owners, their successors and/or assigns,Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch(4"x 4")that states"Wetland Buffer: No Mowing Allowed". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Prior to release of the final plat for any portion of the Property,Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(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. 17. SANITARY SEWER PLANS: Prior to issuance by the City of any permit for the construction of public sanitary sewer for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public sanitary. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property,YDevelo Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 18. RIGHT WAY COCH AN LANE; Prior to final plat approval developer shall revise the preliminary plat to clearly show right of way to be dedicated for Cochran Lane and to accommodate a 5 foot wide sidewalk as shown on Exhibit B. 19. CONSENT AND RELEASE FORM: Prior to release of the final plat for the Property,Developer shall provide a Consent and Release form,attached as Exhibit F for review and written approval by the City Planner. After approval by the City, Developer shall file the Consent and Release form with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Cit Planner proof that the Consent and Release form has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. Mitchell Crossing Properties,LLC CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By_ Its Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,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 Mitchell Crossing Properties,LLC,a Minnesota limited liability company 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 DEVELOPMENT AGREEMENT -MITCHELL CROSSING Legal Description Before Final Plat: Parcel 1: Outlot A, Mitchell Crossing 2nd Addition,Hennepin County, Minnesota. Parcel 2: Outlot B, Mitchell Crossing, Hennepin County,Minnesota. Parcel 3: Lot 1,Block 1, Edenvale Recreation Center 2nd Addition,Hennepin County, Minnesota, Excepting therefrom, that part of Lot 1,Block 1, lying Southerly of the Easterly extension of the North line of Lot 2,Block 1,the Northerly line of Lot 2, Block 1, extended easterly to a point of intersection with the Easterly line of Lot 2, Block 1, extended Northerly all in Edenvale Recreation Center 2nd Addition; And Excepting therefrom that part of Lot 1, Block 1, lying Easterly of the Northerly extension of the West line of Lot 3, Block 1, and Southerly of a line parallel with and ten(10') feet Northerly of the North line of Lot 3, Block 1, and Westerly of a line parallel with and thirty (30') feet Easterly of the Northerly extension of the West line of Lot 3, Block 1, and Northerly of the north line of Lot 3, Block 1, all in Edenvale Recreation Center 2nd Addition; And Excepting therefrom that part shown as Parcel 93 on Minnesota Department of Transportation Right of Way Plat Number 27-91, filed in the office of the Hennepin County Recorder,on April 29, 1999, as Document No. 6888395. Legal Description After Final Plat Lot 1, Block 1, Mitchell Crossing 3rd Addition EXHIBIT B PLANS DEVELOPMENT AGREEMENT MITCHELL CROSSINGS Existing Conditions dated 06/02/06 by Schoell Madson Preliminary Plat dated 06/02/06 by Schoell Madson Preliminary Site Plan dated 06/02/06 by Schoell Madson Preliminary Overall Grading Plan dated 06/02/06 by Schoell Madson Preliminary Grading Plan dated 06/02/06 by Schoell Madson Preliminary Utility Plan dated 06/02/06 by Schoell Madson Preliminary Landscape Plan dated 06/02/06 by Schoell Madson Preliminary Landscape Details dated 06/02/06 by Schoell Madson Architectural Floor Plans and Elevations, dated June 16, 2006, by DBA Architects EXHIBIT C DEVELOPMENT AGREEMENT - MITCHELL CROSSING 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. 11. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn.Stat.,Sec. I I5B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(I" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/z by 6 inch sign or decal reading ed Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affix to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles.The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s)within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXL The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT - MITCHELL CROSSING 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 of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the 'Basement Area", attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the `Basement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building,road, sign,billboard,utility,or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement,and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may,no more than once per calendar year,remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area Grantor represents and warrants as follows: p p A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used,employed,deposited, stored,disposed of,placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to,those defined in or pursuant to 42 U.S.C.§9601,et.seq.,or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use,employ,deposit,store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties,their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 7. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor,their successors and assigns of the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H.Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2005, by , the a Minnesota on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A "THE PROPERTY" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT B "EASEMENT AREA" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT C "EASEMENT AREA"DIAGRAM II EXHIBIT E DEVELOPMENT AGREEMENT - MITCHELL CROSSING TRAIL EASEMENT ("Grantor")hereby grants and conveys this day of , 2006, to City of Eden Prairie ("Grantee") an easement ("Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under, and across under real property in the County of Hennepin,State of Minnesota,described in Exhibit A attached and made a part here of. ("Easement Parcel") 1. Uses and Purposes. The Easement shall be for the following purposes and uses of the Easement parcel: A. To construct, maintain and replace a trail; B. For travel by the public, on foot, and in or on non-motorized vehicles, including but not limited to, bicycles, skis, strollers, and skates; C. For travel by the public in or on motorized vehicles authorized by Grantee; D. To remove, cut and trim trees, shrubs and vegetation. 2. Nonexclusive. The Easement shall be nonexclusive, provided however,the Easement shall be paramount and superior to any other easement. Any other easement shall be subject and subordinate to, and shall not interfere with,the Easement without the consent, in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land and shall be binding upon Grantor and Grantor's heirs, successors and assigns and shall be for the benefit of Grantee, its successors and assigns. 4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel, holds the legal and equitable title thereto, free and clear of all mortgages, liens and encumbrances, except the holder(s) of which has/have agreed in writing to the Easement pursuant to the attached consent(s) and has lawful right and authority without restriction to grant and convey the Easement. 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 ,2003, 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 52003, by ,the , a Minnesota , on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT F DEVELOPMENT AGREEMENT MITCHELL CROSSING CONSENT AND RELEASE The undersigned, owner of the mortgage hereinafter described, for a valuable consideration, do hereby consent to the terms and provisions of this Development Agreement and does subordinate that certain mortgage dated , filed in the office of the County Record/Registrar of Titles in and for the County of Hennepin, State of Minnesota, on the day of , and recorded as Document No. covering the above and other land. IN TESTIMONY WHEREOF, the said corporation has caused these presents to be executed in its corporate name by its and its and its corporate seal to be hereunto affixed this day of , 20 INSERT NAME OF MORTAGEE ByNOT BE SIGNED Its By NOT TO BE SIGNED Its STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 920 by and the and respectively, on behalf of the corporation. Notary Public CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.C. Randy L. Slick Final Plat Approval of Prairie Estates Public Works/Engineering 2nd Addition Requested Action Move to: Adopt the resolution approving the final plat of Prairie Estates 2nd Addition. Synopsis This proposal is for the plat located east of Duck Lake Road and south of 62°d Street West. The p p plat consists of 2.33 acres to be divided into four single-family lots and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on September 19, 2006. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on October 17, 2006. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$320. g g • Receipt of street lighting fee in the amount of$534.60. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • Execution of Special Assessment Agreement for trunk utility improvements. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways certified by surveyor. • 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. • Prior to release of final plat, Developer shall pay connection fees for sanitary sewer and watermain, in the amount of$45,180.00. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE ESTATES 2ND ADDITION WHEREAS, the plat of Prairie Estates 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 Prairie Estates 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 14, 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 November 14,2006. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta,City Clerk PRAIRIE ESTATES 2ND ADDITION R.T. DOC. NO. KNOW ALL MEN BY THESE PRESENTS: he, Eugene R.LaBotla and Matleline K.LaBatla.husband antl wile,owners and STATE OF MINNIICIA proprietors of the fallowing described PI.Perty situated in the County of Hennepin,Stale of Mi""eaolo fo wit: COUNTY OF That Part al the N-ha-Wo—of the N.,(I al Quarter,Seclbn 5.Township 116.Rouge 22.d—liad as tool's. The llregoing survey's cerlificote was ocknoeledged before me this day of__________.200__.. Commencing at the intersection of IM1e—11,line of void Northeast Quails of the Narlhwesl Obarler and the by Paul A.Thorp,Land Surveyor.Minnesota 1I.amae Na.11637. —the"e.l'"'of lha west time of Country Rood,a ded'icoled in IM1e plat of Country Gen;thence on mad bearing of South 0 degrees 26 mb,.-47 seco"de Eost,a any said northerly-ham-.,I distance of 34.13 fee,1.a Point marked by o m liciol landmara Set bunuont to To--Case Na 16302,thence continue South 0 degrees 26 ale.47 a ands Ell(.along said nmlheriy axlenaion and Said west line,a 1 of 789.84 feet to a Polnl naked ` by a ibohdal landmark set pursuant to To, I Case No.16302;theme North 89deg—25 mnulas 39 seconds West. Notary Public. along the north line of Claycross Way,ore dedicalad in Said plat,a dislonce of 203.11 feel to pant mock tl by a W,,t.ol ldi,t k eel pursuant to Tmr.ns Cos.No.15302.thence continue North 89 degree.25 minute.39 a and. My commission expire West.o dell...of 97.10 feel to the hereinaftn described Poiml A;thence NOrlh 0 a.,.-35 m nuies DZ a ontls s West.along A line-h if..tended north w..to Inlar..a the nortM1 lu of slid Norl-0 Ouarlarf of IM1e Norlhwest Oumin at a point distant 282..6 feet East from the northwest co Sol sob Noriheost Quarter of the Northwest Oumier,a distance of 321.47 lee(to the paint o1 beginning;!hence crontinue North 0 degrees 35 mina lee 02 seconds Weak,a distance of 187.54 feet io the south line of the Nor(.100 bet of said Northeast Q A,a,of the Northwest Quarter;thence South 87 degrees 45 minutes 22 seconds VI.M,along sold slum Ime,a dstonca of 110.70 feel to the east line of the weal i)I.00 feel of Said Northeasterly Ouarler of the Northwest 0umter;U.—North 0 degrees 43 EDEN PRAIRIE.MINNESOTA minutes 02 s ands West along sold a of 300.11 lest to Ue 1-1,lm of..to Northeast Quarter of the Northwest Ouerter;thence South 87 dagreees 45t minutes 22 second.West along Said nth line a distance of 171.06 This plot of PRAIRIE ESTATES 2ND ADDITION w s approved Ind a<epted by iM1e City Clu-11 of Etlen Pmbie,Min"eaola at feel to the northwest corn r of Said Northeast Qamler of the Nor h—Quarto;thence South 0 degrees 43 minutes 02 a regular meeiing UI.—1 neld the, day of_______.200__. II applicable,the writ ommenls lea-d.Emt along the west line of Said Northeast(that, t the N110, SI Oumta a distance II 163.30;thence Soul. Ind racommendoh—I of the Commissioner of Tra"spmtalbn end the C...ly Highway Engineer have been!r.celved by the 87 degree.17 minvleS 29 seconds Eosl,a diet....of 281.73 feel to the point of beginning. City or the prescribed 30 dayy pe.iatl has et,pAAJ without receipt of wch comment,and recommemdolione,as p,.vih,d by Minnesota Statutes,Se',i..505.03.subd.2. Pohl A IS described ore follows:Commencing at.Point on me weal line al said North—t Quarter of the Northwest Quarter distant 789.2 feet nortM1 from the soulheAS,co r of said Northeast Quarter of the Northwest Ouarin;I—. Eosi,parallel wiU the earth line of said Nwl.eoxl Quorte�of the Nminwesl Ouarl<r,a di.lonc<of 280.55 feet to aaid Pant A. CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA - Dused the same I be surweyetl and plollotl as PRAIRIE ESTATES 2N0 ADDITION and do haaby and dedicate BY Mayor to IM1e pudic for publIic se forever the abeela and the easements for tlroinage and unity purposes as.Shb aM1own on Ihis plot. BY — City City MOno9er In witness wh—f said Eugane R.LoBoda and Madeline K.LOBotla.have haeu"lo At thew hand.thre___day of 200__. TAXPAYER SERWES DEPARTMENT,HENNEPIN COUNTY,MINNE50TA ------ ----------------------- I hereby certify that bxee Payable in200__and prior years have bee"paid fin the land d—,ied on thls plat. Dated Eugene R.L.Bodo Matleline K.Loboda Nla day of 20o___— HI—Pin County Auditor BY —_______—___._�_Deputy STATE OF MIHNESOTA COUNTY OF---- __ The foregoing m01-11 was--too before me this doy of 200—_,by Eugane R.L.Boda and Madeline K.LoBada,husband and wife. Notmy Wblb County. SURVEY DINSION,HENNEPIN COUNTY,MINNESOTA __ Minnesota My commission expires Pumas"(to Minn.Statutes.Sec(mn 383B.565(1969).this plat hoe been approved Thia__—day of 200____ William P.Brown,Hennepin C—ty Surveys BY I hereby certify that I hove surveyed and planed the land described on this plot os PRAIRIE ESTATES 2ND ADDITION;that thlS plat is a ,,,at rapresenloU of Said survey,that all distances m rec0y.sown on sold plat in feet and hundredths of a loot;loot all m cola hove been c e.tly placetl in lhaogr.u.d as-Z a abid plot Ir w11 be placed as rIquilld by the locus govm—hd unit;that the outside boundary lines all 01—Uy desig"Iled o.the Plat; and that there ore no xetlami,be de9netl m MS 505.C2 Subd.1 on the plat.. RECISMAR OF TITLES.HENNEPIN COUNTY,MINNESOTA M1areby certify that the within plot o1 PRAIRIE ESTATES 2ND AODIRON woe I1ed for record in(hie office hi. A.Thorp,Land Survey' _________day of ____„200__,at Minnesolo Llcanse 13637 Mknael H.Conniff,County Recorder BY Deputy 11 i Hansen Thorp Pellinen Olson Inc. _! En9;nene-S.—•LandacaP.Arab"_ SHEET 1 OF 2 SHEETS i LF ME R.T. DOC. NO. nIVF Ti. 58 "W 1 NE t/4 of THE Nw 1/4 171 06 _ - 7T. 6EC.5,T.Itfi,R.22 __ -- _ 282.46(M) 282.G4(DEEO) -'-887'65'22"W 36.1]: Ti li` CST i:-(.r 30-26'4T'E�`. p 62ND ST,WEST I �:;-.•.�/ I PRAIRIE ESTATES __NO;x'.Hv,cST cOREIER CF-/' ^ ^ I •• ,: - --- -- __ NE 1/4 Of THE NW 1/4 FND.JLM SET PER SEC,5.T.116.R.22 Sar45'22'W_ 138_O5,_, I NORR61502ASE 60 ' 2ND ADDITION -- 33 33 � I I I I Is I .l.' WEST LINE OF C'COitt-� THEN LA of COUNTRY EAST LINE OF- THE WEST1-- W v i VLOO FEET 89'23'47 E 136.00� '110.70 1 + l YN 1].66 �--93.06 ! O = m�B I OC K i ~ / L• nl ( iMAIHAGE AND UTILITY EASEMENTS ARE 5110wN MUS L I _6 ! L589V4'36"E T55.51 IP 4 N v011 I 1-- I I —1L__i 3 mi Ig 9UN010 5 FEET IN WON AID ADJOINING LOT LINES O I IE6 [RWSE Iu0ICA2D. M FEET Ix WON 33 33 LY_ I \l MONTIE95 O5 ON NERWSE INDIcnrc nND IO-- -GF-WAY LWES.AS ON SxONx THE R 33.08 I__-___ 135.51 l� LAT S87'I 7'29-E IL 281.73 `• I. �. N UNE WHICH IF E%TENDED NORTH WGULD INTERSECT THE NOR1N ! LINE OF THE NE 1/4 OF THE NW 1/4 282.64 FEET EAST OF THE n NW CORNER. 3I o S401e in leel --LINE PARALLEL WITH AND 789.2 ! 1 0 50 1. ISO 33 I 33 ! FEET IIG'T11 OF THE HE 1/4 OF -� - I THE NW 1/4 SEC.b,T. R.22 _ PgNT A ' N89'28'39"W 300.2 3,11 280.55 J 97JO `--- - 10.tt \ —T JL. -' T FND..AM SET THE BASIS OF BEARINGS IS ASSUMED I A`�/v(�/\(`(` NOT '• A`r i:F: L:NF OF PER TORRENS O DENOTES 1/2 INCH BY 14 INCH IRON CASE NO. 6302 MONUMENT SET AND MARKED BY R.L.S.NO. ♦.`; .; I.D. `„/-\ CLAVC055 WAY 13637 ! _m 0 DENOTES JUDICIAL MONUMENT SET PER _ TORRENS CASE NO-16302 •DENOTES FOUND IRON MONUMENT 9GVTH LINE OF THE NE 1/4 OF E cl /^- -- -- NW 1/4 SEC.5,T.116.R,22 L I -x1U!r LST 0-10,Of THE N89'25'39'W NE 1/4 OF THE NW 1/4 SEC.5,1.116,R.22 1'�j Hansen Thorp Pellinen Olson Inc. � �)En9m.We.smaoE..Ema:4aR.ArcNl1«1: SHEET 2 OF 2 SHEETS CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5549 ITEM NO.: VII.D. Eugene Dietz/Rodney Rue Set Public Hearing Date for I-494/TH Public Works/Engineering 169 and TH169/Valley View Rd. Interchange Improvements Requested Action Move to: Adopt resolution setting the public hearing December 19, 2006, for layout approval and municipal consent of the I-494/TH169 and TH169/Valley View Road interchange improvements. Synopsis This public hearing to consider layout approval/municipal consent for interchange improvements at both the 1-494/TH169 and TH169/Valley View Road interchanges is required as part of the "municipal consent"process. These proposed improvements are located in Eden Prairie, Edina and Bloomington. Part of the statutory requirements for municipal consent require a 30-day notice for the public hearing. Therefore, we are proposing to set the hearing date for December 19, 2006,with the notice to be published in the City's official newspaper on November 16, 2006. Notice of the public hearing will also be sent to adjacent property owners along the corridor. An Open House for this proposed project is scheduled for Thursday,November 30, 2006,with a location to be determined. Background Information The I-494/TH169 interchange improvements include reconstruction and upgrading of this interchange to a full-directional interchange to accommodate the freeway—to-freeway movements. The existing TH169 bridges over I-494 will remain in place, as well as two of the existing loops. The proposed improvements will eliminate the existing traffic signals on TH169 and will allow for un-abated freeway-to-freeway movements between I-494 and TH169. While maintaining and improving local access was a key issue for the affected cities at this interchange, freeway movements also needed to be improved. 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 TH169 in all directions, with the following exceptions: east-bound 1-494 to the local access roadway and from the local access roadway to north-bound TH169. The local access for these movements will be accommodated at the TH169/Valley View Road interchange. Interchange improvements are also proposed at the TH169 and Valley View Road interchange. A series of four roundabouts is being proposed to replace the existing signalized intersections at Washington Avenue and Valley View Road, the two TH169 ramp intersections, as well as the Valley View Road and East Frontage Road intersection. The layout approval and municipal consent will include all of the described improvements. Further information about these improvements will be provided in individual briefing sessions with Council members prior to the public hearing and Open House. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- SET THE PUBLIC HEARING DATE FOR I-494/TH169 AND TH169/VALLEY VIEW ROAD INTERCHANGE IMPROVEMENTS WHEREAS, MnDOT is proposing to reconstruct and upgrade the I-494 / TH169 and TH169 / Valley View Road interchanges; WHEREAS,MnDOT has prepared the layout and environmental documentation for this project; WHEREAS, MnDOT has submitted the layout and supporting documentation for these improvements; WHEREAS, MnDOT has requested layout approval and municipal consent for the interchange improvements; and WHEREAS, pursuant to State Statue 161.164, the City of Eden Prairie needs to hold a public hearing to consider layout approval and municipal consent of said improvements. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie that the required Public Hearing is hereby scheduled for December 19, 2006 at the Eden Prairie Council Chambers, 8080 Mitchell Road, at 7:00 p.m. ADOPTED by the Eden Prairie City Council on November 14, 2006. Nancy Tyra-Lukens,Mayor ATTEST SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 02-5585 ITEM NO.: VILE. Leslie Stovring Approve Change Order for Phase II of Public Works/Environmental the Nondegradation Analysis Requested Action Move to: Approve the Change Order for the Phase II of the Nondegradation Analysis by Wenck Associates in the amount of$3,972. Synopsis The City of Eden Prairie and Wenck Associates, Inc. (Wenck)met with the Minnesota Pollution Control Agency(MPCA)on October 9, 2006 to discuss our approach to completing the Nondegradation Analysis for the Phase II National Pollutant Discharge Elimination System (NPDES)permit. The MPCA indicated that in general they did approve the proposed approach. However,they asked for additional verification of areas such as commercial, industrial and multi-family residential developments to more accurately define impervious coverage in these areas. The costs will be paid out of the Stormwater Utility Fee. Background Information Phase I of the Nondegradation Assessment,which included review and analysis of the LANDSAT imagery(satellite photos)provided by the MPCA in relation to other published data for estimation of impervious coverage,was completed in September 2006. The most accurate estimate of impervious surface appeared to be use of the LANDSAT satellite imagery. The modeling required for water quality analysis for the Phase II NPDES permit will build on the impervious coverage estimates. However,to use this data, the MPCA has requested that the City verify the accuracy of the LANDSAT imagery. The proposal includes the following actions. • Calculation of imperviousness for several developments using aerial photography • Field verification of aerial photo analysis • Quantification of results and selection of appropriate imperviousness values for land use classes. Wenck estimates that all work for Phase II will be completed by November 30th. Attachments • Change Order r^� �, Wenck Associates,Inc. r` 3 )A, (////'''��� 1800 Pioneer Creek Center V,J nc P.O.Box 249 v Maple Plain,MN 55359 0249 (763)479-4200 Fax(763)479-4242 E-mail:wenckmp@wenck.com October 27, 2006 Leslie Stovring-Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Change Order- Scope for Additional Work for Phase II Nondegradation Dear Ms. Stovring: Following is a Scope of Services for additional work needed to complete the Phase II Nondegradation Assessment. The scope is based on requests from the Minnesota Pollution Control Agency to verify impervious cover conditions as assessed by the LANDSAT data. These tasks are critical in developing acceptance by the MPCA and identifying the appropriate imperviousness for Eden Prairie. Overestimating impervious cover would result in overestimation of pollutant loading, ultimately requiring the City to address larger loads than existing loads. SCOPE The following tasks address the need to verify the percent impervious data. Task 1. Calculate imperviousness for several developments using aerial photos. Wenck, in conjunction with the City of Eden Prairie, will select 5 to 10 sites where imperviousness will be calculated suing aerial photos. These sites will focus on land uses where the greatest difference in imperviousness is seen in the LANDSAT data analysis. The land use classes that will be evaluated will include commercial and industrial developments. Site development plans can also be used to help calculate impervious areas. Task 2. Field verification of aerial photo analysis. The next step will be to visit the selected sites to verify aerial photo analysis and to clarify any obscured or unclear areas. Task 3. Quantify results and select appropriate impervious values for land use classes. The results will be quantified in a technical memo including the selected impervious values. The technical memorandum will then be submitted for review by the MPCA and any other agency identified by the City of Eden Prairie (such as the Watershed Districts). T:\EmailAttaclunents\Eden Prairie Scope for Impervious Cover verification.doc Ms. Leslie Stovring City of Eden Prairie October 27, 2006 Page 2 SCHEDULE Because the impervious cover is a critical input to the modeling,the modeling cannot be completed until these tasks have been completed. Consequently, Wenck will complete these tasks by November 15, 2006 with a completion date for the Phase II nondegradation study to be completed by November 30"',2006. COST ESTIMATE Task Hours Cost 1 24 $2,084 2 8 $740 3 10 $1,048 SUBTOTAL $3,872 EXPENSES $100 TOTALI $3,972 Our team is very enthusiastic about continuing to serve the City of Eden Prairie and we trust you will find Wenck Associates to be well qualified and our qualifications responsive to your needs. While we believe the City of Eden Prairie's requirements have been addressed in our proposal, if questions arise,we welcome your calls to Ed Matthiesen at(763)479-4208, or Joe Bischoff at(763) 479-4229, for further information or clarification. Thank you again for the opportunity to submit our proposal and we look forward to working with you. Sincerely, WENCK ASSOCIATES, INC. Joe Bischoff Ed Matthiesen Project Manager Principal Mayor City Manager t:\emailattachmmts\eden prairie scope for impervious cover verification.doc-maw CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 05-5657 ITEM NO.: VII.F. Leslie Stovring Participation in the Minnesota Water— Public Works/Environmental "Let's Keep It Clean Program" Services Requested Action Move to: Authorize participation in the Minnesota Water—"Let's Keep It Clean Program" in the amount of$7,000 over two years. Synopsis Watershed Partners is soliciting the City of Eden Prairie to help continue their work in maintaining the Minnesota Water—Let's Keep it Clean Education Program. Staff recommends a 2 year commitment to the program at$3,500 per year. Participation in the Program is a budget item within the 2004 Local Water Management Plan and would be part of our stormwater permit education requirement. The funding will be from the stormwater utility. After two years Staff will assess the on-going value of supporting this program. Background The Watershed Partners was formed by over 40 public, private and non-profit organizations to promote a public understanding and inspire residents to care for our waters through a collaborative educational outreach program. The City of Eden Prairie is a member of this organization. The Let's Keep It Clean program was started to allow sharing of financial and educational resources to help in developing a focused, consistent message throughout the metro area. The 2006 campaign developed a number of promotional and water resource education items, including: • The Let's Keep it Clean MN public service announcement(PSA) using Ron Schara as narrator for use on Comcast cable. The messages were shown on TNT, HGTV,Food Network,Bravo, E!, Travel Channel, CNBC,the Weather Channel, TV Guide channel, CNN weather broadcasts and American Movie Channel over four weeks starting in mid-October. • Development of educational stuffers and coupons for the WCCO State Fair goodie bags. • WCCO radio ads to educate residents on the connection between grass clippings and water quality. • Continued development of a web site for sharing of educational resources (www.cleanwatermn.ora). • Advertisement in the Minnesota Nursery and Landscape Association in August and September. The funding provided by the sponsors will be used to fund continuation of the program. The group is requesting a sponsorship of between$3,500 and $5,000. Other organizations that have contributed include Woodbury,Bloomington, Minnetonka, Scott County,Columbia Heights, Farmington, and the Ramsey-Washington Metro,Vermillion and Bassett Creek Watershed Districts. Participating in this program is also a means to help meet our responsibilities for stormwater education under the NPDES Permit Program. The group has provided useful information for use in our own educational utility bill inserts and mailers. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5566 ITEM NO.: Alan Gray Approve Jurisdictional Transfer Public Works/Engineering Agreement No. PW 18-49-06 with Hennepin County for the Realignment of County Road 4 south of Co.Road 1. Requested Action Move to: Adopt resolution approving Jurisdictional Transfer Agreement No.PW 18-49-06 with Hennepin County for the realignment of County Road 4 south of County Road 1. Synopsis This Agreement serves as the means to officially designate the new Eden Prairie Road and Spring Road alignment as County Road 4 (see attached). The recently constructed realignment of County Road 4 was one of the primary components of the now completed Charlson Area Road Improvements. Background Information The realignment of County Road 4 south of County Road 1 (Pioneer Trail)consists of the new alignment of Eden Prairie Road and Spring Road to the south and west of Grace Church. This new alignment allows for the removal of the existing jog in County Road 4 at County Road 1. The realignment,which was completed in 2004, was one of the primary components of the Charlson Area Road Improvements. Although the roadway improvements are now complete,the realigned roadway has yet to be officially signed and designated as County Road. This agreement transfers jurisdiction of the roadway to Hennepin County and will allow them to officially sign and designate the realigned roadway as a County Road. With this agreement the County will take jurisdiction of the newly constructed alignment of Eden Prairie Road and Spring Road. In addition,the City will take jurisdiction of the segment of Mitchell Road/Spring Road on the east side of Grace Church between County Road 1 (Pioneer Trail) and the new County Road 4 alignment. In lieu of physical improvements to the roadway the County is providing a one time payment of$70,800 to the City. The payment is based on the estimated cost of providing a full width bituminous overlay and curb and gutter on one side of the roadway. Attachments • Resolution • Agreement for Jurisdictional Transfer • Jurisdictional Transfer Figure CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- APPROVE JURISDICTIONAL TRANSFER AGREEMENT NO.PW 18-49-06 WITH HENNEPIN COUNTY FOR THE REALIGNMENT OF COUNTY ROAD 4 SOUTH OF COUNTY ROAD 1 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the County of Hennepin and the City of Eden Prairie have agreed on the jurisdictional transfer to the City of Eden Prairie that portion of CSAH 4 (Spring Road/Mitchell Road)between CSAH 1 (Pioneer Trail) and the new alignment of Spring Road; and WHEREAS, the County of Hennepin has agreed to revoke the County State Aid No. 4 designation from the portion of CSAH 4 (Spring Road / Mitchell Road) between CSAH 1 (Pioneer Trail) and the new alignment of Spring Road; and WHEREAS, the County of Hennepin and the City of Eden Prairie have agreed on the jurisdictional transfer to the County of Hennepin the newly constructed alignment of Eden Prairie Road and Spring Road between CSAH 1 (Pioneer Trail)and existing CSAH 4; and WHEREAS, the City of Eden Prairie has agreed to revoke the Municipal State Aid No. 114 designation from the portion of Eden Prairie Road between CSAH 1 (Pioneer Trail) and the new alignment of Spring Road;and WHEREAS, the County of Hennepin has agreed to designate as County State Aid Highway No. 4 the newly constructed alignment of Eden Prairie Road and Spring Road between CSAH 1 (Pioneer Trail) and existing CSAH 4; and WHEREAS, the County of Hennepin has agreed to pay the City of Eden Prairie the sum of $70,800 in lieu of physical improvements to the segment of roadway transferred to the City by the County. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie that the above revocation and designation of CSAH 4-are in all things approved. BE IT FURTHER RESOLVED by the City Council of the City of Eden Prairie that the above revocation of MSAS 114 is approved. BE IT FURTHER RESOLVED by the City Council of the City of Eden Prairie that Agreement No. PW 18-49-06 with the County of Hennepin is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on November 14, 2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk Agreement No.PW 18-49-06 County State Aid Highway No. 4 City of Eden Prairie County of Hennepin AGREEMENT FOR JURISDITIONAL TRANSFER THIS AGREEMENT,Made and entered into this day of , 2006,by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota,hereinafter referred to as the"County", and the City of Eden Prairie,a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the"City". WITNESSETH: WHEREAS, County State Aid Highway(CSAH)4(Spring Road)lies within the corporate limits of the City;and WHEREAS,the County and City have been discussing the future realignment of CSAH 4 south of CSAH 1 (Pioneer Trail); and WHEREAS,this realignment would eliminate the existing jog in CSAH 4 at CSAH 1; and WHEREAS,the City has built a new southern leg from the intersection at the t to existing west'unction of CSAH 4 and CSAH 1 extending southwards to connect� g g CSAH 4; and WHEREAS,the County and the City have been negotiating to bring about the transfer of jurisdiction of the above mentioned newly constructed segment from the City to the County, and a corresponding roadway designation change; and WHEREAS,the County and the City have also been negotiating to bring about the transfer of jurisdiction of the existing CSAH 4 between the east junction of CSAH 4 and CSAH 1 to the junction with the above mentioned newly constructed segment from the County to the City;and WHEREAS,the City has expressed its intent to accept jurisdiction of the existing CSAH 4 between the above mentioned limits; and WHEREAS,dependent upon the condition of the roadway,the County normally overlays the roadway or provides a cash equivalent for same to a City in conjunction with a jurisdictional transfer of a County roadway to a City;and - 1 - WL Agreement No. PW 18-49-06 County State Aid Highway No. 4 NOW THEREFORE,IT IS HEREBY AGREED: I It is understood and agreed that the County will transfer jurisdictional control to the City that portion of CSAH 4 beginning at the east intersection of CSAH 4 and CSAH 1 south along existing CSAH 4 a distance of approximately 0.47 miles to its intersection with the afore referenced newly constructed Spring Road as shown on Exhibit"A", attached hereto and by this reference made a part hereof. The County will revoke the designation of CSAH 4 as a County State Aid Highway between the referenced limits within the City, and the City will accept jurisdiction of that portion within its limits under provisions of Minnesota Statutes, Section 162.02(2004). Upon approval of this Agreement,the County will request that the Commissioner of the Minnesota Department of Transportation remove that portion of CSAH 4 as described above from the County State Aid Highway System. The City,by this Agreement, concurs in this change of designation and jurisdiction. The City agrees to accept such conveyance subject to existing encumbrances such as permits and easements. II It is understood and agreed that the City will transfer jurisdictional control to the County the afore referenced newly constructed roadway segment beginning at the west junction of CSAH 4 and CSAH 1 south along said newly constructed roadway segment a distance of approximately 0.64 miles to existing CSAH 4 as shown on Exhibit"A". Upon approval of this Agreement,the County will request that the Commissioner of Transportation of the State of Minnesota designate the above mentioned roadway a County State Aid Highway of Hennepin County to be numbered and known as County State Aid Highway 4. The County agrees to accept such conveyance subject to existing encumbrances such as permits and easements. III t the City from the County The jurisdictional transfer of the afore said roadway o ty shall occur and become effective and all County interest related therewith shall cease upon issuance of the Commissioner Order by the Commissioner of the Minnesota Department of Transportation as set forth in Section I. Upon issuance of said order the County will remove all County route markers from the subject segment of CSAH 4 and all directional signage related thereto -2- v�J t— Agreement No. PW 18-49-06 County State Aid Highway No. 4 The jurisdictional transfer of the afore said roadway to the County from the City shall occur and become effective and all City interest related therewith shall cease upon issuance of the Commissioner Order by the Commissioner of the Minnesota Department of Transportation as set forth in Section H. Upon issuance of said order the County will install all necessary County route markers for the subject segment of CSAH 4 and all directional signage related thereto IV Upon execution of this Agreement by the parties,the County will pay to the City $70,800.00 as full payment of an overlay($34,320.00), and curb and gutter repair/replacement($36,480.00)cash equivalent for that segment of roadway transferred to the Cityfrom the County. tY V Each party will provide the other with the following information and records,to the extent that they are available for the routes to be transferred. 1. As-built construction plans, and microfilm records. 2. Inventory data. 3. History of most recent betterments. VI Each party to this Agreement shall not be responsible or liable to the other or to any other person whosoever for any claims, damages,demands,judgments,fines, penalties, expenses,actions, or causes of actions of any kind or character arising out of or b reason of the negligent performance of an work or art hereof b the other in YP Y p Y connection with the roadway jurisdictional transfer provided for; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of past and future work performed by it on the transferred roadway. VII In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement,the Hennepin County Engineer or a designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement,the City's Director of Public Works or a designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. -3 - Agreement No. PW 18-49-06 County State Aid Highway No.4 VIII It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations,variations,modifications,or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. IX The provisions of Minnesota Statutes 2005, Section 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (this space left intentionally blank) -4 - w�. Agreement No.PW 18-49-06 County State Aid Highway No. 4 IN TESTIMONY WHEREOF,The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: Administrator Date: COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: And: APPROVED AS TO FORM: Assistant/Deputy/County Admiri trator By' �• Date: s stant County Attorney /fit/0 6 And: Date: ( Assistant County Administrator,Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director,Transportation Department and County Engineer Date: Date: V� (Ey YLN OR ¢' u E (4,r SETSLERS `y. pE ftp p, a ._r fP' 2 C1iL LOt✓E OAK EWE DAKOTA Mllcirett ,r 4J 73.BELAIR LA. � �g C H'4 LAKE Da. N•a P•" 14.BISCAYNE BLVD. PD. C14= �\ tB �� O• C"T1 `� �'g b v Lake \ 1 °fit CY. OR. \-T 75.SAVANNAH CIR. TECNNOlOOY � RM e 4 qSMP 3•,. T. WfQSB ��\ pe TTy wALLacE G City in GLORY Hal RpEHS c[wk^ oCEO LA. RD. HEIGHTS P sT. 's �• AN 1 .PpRN �. r �i °i �• ^�6S BpY.- ER® 1C l� T �<C y zna� o ��� 5°� � � �°�' p ep.� S CRt. 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O CS 4 p ' Ria RI Grata (Akd February 2005 Designation CSAH 4 Located in the City of Eden Prairie Hennepin County, Minnesota N ■ ■ ■■ ■■■ ■ ■� Revocation Existing CSAH 4 - 0. 47 Mi Designation new CSAH 4 - 0. 64 Mi D:\Ttp\revocations-rede3ignations\CSAH-004-Edon-Preiria_Rd.dgn Hennepin County Agreement No.PW 18-49-06 Exhibit'W;Sheet 1 of 1 W CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILH. Rick Wahlen Approve Professional Services Public Works/Utilities Agreement with AE2S for Water Storage Control Improvements and Softening Process Evaluation Testing Requested Action Move to: Approve Professional Services Agreement with Advanced Engineering and Environmental Services(AE2S) in the amount of$18,400 for engineering and design changes to improve the water storage control system; and$2,000 for a laboratory softening process evaluation to optimize treatment chemistry at the Water Treatment Plant. Synopsis This Professional Services Agreement authorizes AE2S to (1) evaluate the existing water storage control system, (2) perform professional design engineering services on the Baker Road ground storage tank and Hidden Ponds elevated storage tank fill-cycle and flow control systems, hardware, and piping systems, (3)design and install the automated control screen(computer link)at the water treatment plant, (4)provide operator training of the new system, (5)provide plans and specifications for the necessary construction work, and(6) assist the City with contractor supervision. The second portion of the Agreement calls for AE2S to coordinate the external laboratory testing of the water treatment softening process, interpret the lab results, and prepare a report recommending process chemistry alternatives and possible improvements. Background Information: The highest summer-time water demand experienced during the months of June through August of 2006 demonstrated a hydraulic deficiency in Eden Prairie's water storage system. Our potential water storage capacity exceeds 8 million gallons,however, due to the hydraulic demand on certain parts of our distribution system during the summer months,we cannot achieve that full capacity on a daily basis when it is needed the most. Specifically, our Baker Road Reservoir maintains an abundance of water while our Hidden Ponds Water Tower runs nearly empty each day. Installing a system of valves at the base of these reservoirs linked by a computerized control system would better control the movement of water in our distribution system and allow the water storage capacity of Hidden Ponds Water Tower to be more fully utilized,resulting in more stable treatment plant operation, more consistent water quality, and a much greater margin of safety for fire protection. Attachments: • Proposal • Engineering Services Agreement AGREEMENT THIS AGREEMENT is made and executed the day of 2006, by and between the City of Eden Prairie , hereinafter referred to as the "Owner", and Advanced Engineering and Environmental Services,hereinafter referred to as the"Consultant", WITNESSETH; Owner and Consultant, for the consideration hereinafter stated,agree as follows: 1. Consultant's Duties: The Consultant shall provide the services specified in the Consultant's Proposal (hereinafter the Proposal) dated October 11, 2006 and shall do everything required by this Agreement and the Proposal. Consultant shall fully and satisfactorily comply with the conditions of the Proposal and complete the work contemplated by this Agreement in accordance with the Proposal. 2. Price: Owner agrees to pay the Consultant a fee not to exceed the sum of $20,400.00 as full and complete payment for the labor, materials and services rendered pursuant to tivs Agreement. 3. Payment: Payments to the Consultant by the Owner shall be made as provided in the Proposal. 4. Contract Documents: The Agreement consists of the Proposal dated October 11, 2006. The Proposal is hereby incorporated with this Agreement and is as much a part of this Agreement as if fully set forth herein. This Agreement, General Conditions and the Proposal are the Contract. 5. Completion: The Consultant shall complete all services within one (I) year of the NOTICE TO PROCEED in accordance with the terms and conditions set forth in the Proposal. 6. Conflicts: No salaried officer or employee of the Owner and no officer of the Owner shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Applicable federal and state regulations and statutes shall not be violated. 7. Claims: To receive any payment on this Contract,the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim or demand is just and correct and that no part of it has been paid." 8. Data Practices Act: The Consultant shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Consultant. i 9. Audits: The books, records, documents, and accounting procedures and practices of the Consultant or other parties relevant to this agreement are subject to examination by the Owner and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 10. Income Tax Withholding: No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the Owner that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 11. Worker's Compensation: Consultant represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the Owner prior to execution of this agreement is current and in force and effect. 12. Discrimination: In performance of this contract, the Consultant 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 Consultant, any subConsultant of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subcontractors to this contract. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964,and the Americans with Disabilities Act of 1990. 13. Consultant's Prompt Payment of Subcontractors: The Consultant shall pay to any subcontractor within ten(10)days of the Consultant's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Consultant shall pay interest of one and a half percent (1 %z%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than$100.00, the Consultant shall pay the actual amount due to the subcontractor. 14. Prevailing Wage. Not applicable. 15. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 16. Whole Agreement: This Agreement and the Contract Documents constitute the final and 'complete agreement of the parties and shall supersede and replace any prior oral or written agreements between Owner and Consultant. Any subsequent modification must be in writing signed by both parties. I 17. Governing Law: This Agreement shall be governed and construed under the laws of the State of Minnesota and the parties agree that any actions arising out of or related to this agreement shall be venued in the State of Minnesota, Hennepin County District Court. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date set forth above. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens, Its Mayor By Scott Neal, Its City Manager CONSULT T By Charles S.Vein,Its President eplgenerahConsulting Contact CITY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROJECT INFORMATION 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or 1.1 City will provide to Consultant all known information interference,and upon request of Consultant,to provide a suitable regarding existing and proposed conditions of the site orwhich workplace. affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, 2.6 City will be responsible for locating and identifying all surveys, known hazardous waste or conditions, previous subterranean structures and utilities. Consultant will take laboratory analysis results,written reports,soil boring logs and reasonable precautions to avoid damage or injury to subterranean applicable regulatory site response(Project Information), structures and utilities identified and located by City and/or representatives of Utility Companies. j 1.2 City will transmit to Consultant any additions,updates,or revisions to the Project Information as it becomes available to SECTION 3: SAMPLES City,its subconsultants or consultants. Not Applicable 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to aid, define, supervise, or SECTION 4: FEE PAYMENT/CLAIMS coordinate work or Project Information as requested by Consultant. 4.1 Consultant will submit invoices to City monthly,and a final invoice upon completion of work. Invoices will show charges 1.4 Consultant will not be liable for any decision,conclusion, based on the current Consultant Fee Schedule or other documents recommendations, judgement or advice based on any as attached. inaccurate information furnished by City, or other subconsultants or consultants engaged by City. 4.2 To receive any payment on this Contract,the invoice or bill must include the following signed and dated statement: "I declare SECTION 2: SITE LOCATION,ACCESS,PERMITS, under penalty ofperjury that this account,claim,or demand is just APPROVALS AND UTILITIES and correct and that no part of it has been paid." 2.1 City will indicate to Consultant the property lines of the site 4.3 The balance stated on the invoice shall be deemed correct and assume responsibility for accuracy of markers. unless City notifies Consultant,in writing,of the particular item that is alleged to be incorrect within ten(10)days from the invoice 2.2 City will provide for right-of-way for Consultant personnel date. Consultant will review the alleged incorrect item within ten and equipment necessary to perform the work. (10) days and either submits a corrected invoice or a statement indicating the original amount is correct. 2.3 City will be solely responsible for applying for and obtaining permits and approvals necessary for Consultant to 4.4 Payment is due upon receipt of invoice(or corrected invoice) perform the work. Consultant will assist City in applying for and is past due sixty(60)days from invoice date. On past due and obtaining such permits and approvals as needed. It is accounts,City will pay a finance charge of 1.5%per month on the understood that City authorizes Consultant to act as agent for unpaid balance, or the maximum allowed by law,whichever is City for City's responsibilities under this section including less,until invoice is fully paid. signing certain forms on City's behalf such as Right-of-Way forms. 4.5 If City fails to pay Consultant within sixty(60)days following invoice date, Consultant may deem the default a breach of its 2.4 While Consultant will take reasonable precautions to agreement,terminate the agreement,and be relieved of any and all minimize any damage to property,it is understood by City that duties under the agreement. City however,will not be relieved of in the normal course ofthe work some damage may occur. The Fee Payment responsibilities by the default or termination of the correction of any damage is the responsibility of City or, at agreement. City's direction,the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstanding the 4.6 City will be solely responsible for applying for and obtaining above,Consultant agrees to be responsible for damage caused any applicable compensation fund reimbursements from various by Consultant's negligence. state and federal programs. Consultant may assist City in applying for or meeting notification requirements, however. Consultant City of Eden Prairie General Conditions Consultant Agreement Febtuarn 2001 Page I of 4 makes no representations or guarantees as to what fund including attorney fees that Consultant incurs in collecting any reimbursement City may receive. Consultant shall not be liable delinquent amount City owes under this agreement. for any reductions from reimbursement programs made for any reason by state or federal agencies,except as may be caused by 6.3 If City institutes a suit against Consultant,which is dismissed, Consultant's negligence, dropped,or for which judgement is rendered for Consultant,City will pay Consultant for all costs of defense, including attorney 4.7 City may withhold from any final payment due the fees,expert witness fees and court costs. Consultant such amounts as are incurred or expended by the City on account of the termination of the Contract. 6.4 If Consultant institutes a suit against City,which is dismissed, dropped,or for which judgement is rendered for City,Consultant SECTION 5: OWNERSHIP OF DOCUMENTS will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed 6.5 Dispute Resolution pursuant to this Agreement. All reports are intended solely for City,and Consultant will not be liable for any interpretations 6.5.1 Mediation made by others. All claims, disputes and other matters in question (hereinafter 5.2 City agrees that all reports and other work famished to "claim")between the parties to this Agreement,arising out of or City,or City's agents or representatives,which are not paid for, relating to this Agreement or the breach thereof,shall be subject to will be returned to Consultant upon demand and will not be mediation. If the parties have not resolved the dispute within used by City for any purpose. thirty(30)days of receipt of a written complaint,each party may require the dispute be submitted for mediation. If the parties are 5.3 Unless otherwise agreed,Consultant will retain all pertinent unable to agree on a mediator within ten(10)days following a records or reports concerning work and services performed for request for mediation,either party may request that a mediator be a period of at least two (2) years after report is submitted. appointed by the Fourth Judicial District Court. The parties agree During that time the records will be made available to City to share equally all fees incurred in the mediation. during Consultant's normal business hours. City may obtain reproducible copies of all software,manuals,maps,drawings, The parties shall submit to mediation for a minimum of eight(8) logs and reports at cost,plus 15%,for data and materials not hours. The parties agree that the mediation proceedings are being provided as part of the scope of wort:for the project. private and confidential. If,at the end of eight hours ofinediation, the parties have not resolved the dispute,the parties may agree to 5.4 City may use the Consultant report in its entirety and may extend hours of mediation. make copies of the entire report available to others. However, City shall not make disclosure to others of any portions or 6.5.2 Arbitration excerpts of a report constituting less than the entire report,or to mislead others by omitting certain aspects contained in the At the option of the party asserting the same,a claim between the report• parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, whereby the party or parties 5.5 Consultant will considerProjeet Information as confidential asserting the same claims entitlement to damages or payment of and will not disclose to third parties information that it less than$25,000.00 in aggregate may be decided by arbitration in acquires,uncovers,or generates in the course ofperforming the accordance with the Construction Industry Arbitration Rules of the work, except as and to the extent Consultant may,in its sole American Arbitration Association then existing unless the parties discretion,deem itself required by law to disclose. mutually agree otherwise. In the event any person shalt commence an action in any court for any claim arising out of or relating to this Agreement or the breach thereof or the Project or construction thereof or any contract for such construction, the party making a claim in arbitration may dismiss such proceedings SECTION 6: DISPUTES I LIMITATIONS OF (unless the hearing on the claim has commenced) and elect to REMEDIES assert its claim in such action if such party could have done so but for the provisions of this Paragraph. 6.1 In the event of a breach of Contract by City,the Consultant shall not be entitled to recover punitive, special or The parties agree to bear equal responsibility for the fees of AAA, consequential damages or damages for loss of business. including the arbitrator(s). Judgement upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction 6.2 City will pay all reasonable litigation or collection expenses thereof. C101 of Eden Prairie General Conditions Consultant Agreement Febman,2001 Page 2 of 4 demands,damages,and expenses caused by City's negligent acts In the event that arbitration services are not available from and omissions,and breach of contract and those acts,omissions, AAA,either party may request that an arbitrator be appointed and breaches of persons for whom City is legally responsible. by the Fourth Judicial District Court. SECTION 9: INSURANCE I WORKER'S 6.5.3 Comnliance COMPENSATION The parties deem the dispute resolution procedure as set forth 9.1 Consultant represents and warrants that it has and will herein to be an integral and essential part of this Agreement A maintain during the performance of this agreement Worker's party's failure to comply in all respects with this procedure Compensation Insurance coverage required pursuant to Minn. shall be a substantial breach of this Agreement The Stat. 176.181,subd.2 and that the Certificate of Insurance or the arbitrator(s)shall be authorized to assess costs and attorney's written order of the Commissioner of Commerce permitting self fees against a party that has failed to comply with the procedure insurance of Worker's Compensation Insurance coverage in all respects,and,may as a condition precedent to arbitration, provided to the City prior to execution of this agreement is current require the parties to mediate in accordance with Section 6.5.1 and in force and effect. hereof. 9.2 Consultant shall procure and maintain professional liability SECTION 7: STANDARD OF CARE insurance for protection from claims arising out of professional services caused by any negligent act,error or omission for which 7.1 The standard of care applicable to Consultant's Services Consultant is legally liable. will be the degree of skill and diligence normally employed by professional consultants performing the same or similar 9.3 Certificate of insurance will be provided to City upon request. services at the time and location said Services are performed. Consultant will re-perform any Services not meeting this SECTION 10: TERMINATION standard without additional compensation. 10.1 The agreement between Consultant and City may be terminated by either party upon thirty-(30)days written notice. 7.2 Consultant's opinions,conclusions,recommendations,and report, if any, will be prepared in accordance with the City's 10.2 If the agreement is terminated prior to completion of the Request for Proposal and Consultant's proposal and no project, Consultant will receive 'an equitable adjustment of warranties,representations,guarantees,or certifications will be compensation. made. Except that Consultant wan-ants that hardware and software will perform as represented in their proposal and other SECTION 11. ASSIGNMENT parts of this agreement. 11.1 Neither party may assign duties, rights or interests in the 7.3 Although data obtained from discrete sample locations will performance of the work without obtaining the prior written be used to infer conditions between sample Iocations no consent of the other party,which consent will not be unreasonably guarantee may be given that the inferred conditions exist withheld. because soil, surface and groundwater quality conditions between sample locations may vary significantly,and because SECTION 12: DELAYS conditions at the time of sample collection may also vary significantly with respect to soil, surface water and 12.1 If Consultant is delayed in performance due to any cause groundwater quality at any other given time and for other beyond its reasonable control,including but not limited to strikes, reasons beyond Consultant's control. riots,fires,acts of God,governmental actions,actions of a third party, or actions or inactions of City, the time for performance 7.4 Consultant will not be responsible or liable for the shall be extended by a period of time lost by reason of the delay. interpretation of its data or report by others. Consultant will be entitled to payment for its reasonable additional charges,if any,due to the delay. SECTION 8: GENERAL INDEMNIFICATION SECTION 13: EXTRA WORK 8.1 Consultant will indemnify and hold City harmless from and against demands, damages, and expenses caused by 13.1 Extra work,additional compensation for same,and extension Consultant's negligent acts and omissions, and breach of of time for completion shall be covered by written amendment to contract and those negligent acts, omissions,and breaches of this agreement prior to proceeding with any extra work or related persons for whom Consultant is legally responsible. City will expenditures. indemnify and hold Consultant harmless from and against SECTION 14: WITHHOLDING TAXES Ci. or Eden Prairie General Conditions Consultant Agreement Febmary 2001 Page 3 of 4 applicable state statutes shall not be violated. 14.1 No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that SECTION 20: ENTIRE AGREEMENT the Consultant and each of its subcontracts has complied with the provisions of Minn.Stat.290.92 relating to withholding of 18.1 This Agreement contains the entire understanding between income taxes upon wages. A certificate by the Commissioner the City and Consultant and supersedes any prior written or oral of Revenue shall satisfy this requirement. agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or SECTION 15: AUDITS understandings, oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully 15.1 The books,records,documents and accounting procedures expressed herein. and practices of the Consultant or other parties relevant to this ` Agreement are subject to examination by the City and either 18.2 The agreement between Consultant and City may be the Legislative Auditor or the State Auditor for a period of six modified only by a written amendment executed by both City and (6)years after the effective date of this Contract. Consultant. SECTION 16: PAYMENT TO SUBCONSULTANTS 18.3 This agreement is governed by the laws of the State of Minnesota. 16.1 The Consultant shall pay to any Subconsultant within ten (10)days of the Consultant's receipt of payment from the City for undisputed services provided by the Subconsultant, The Consultant shall pay interest of one and a half percent (1-1/2%)per month or any part of a month to a Subconsultant i on any undisputed amount not paid on time to the Subconsultant. The minimum monthly interest penalty I payment for an unpaid balance of$100.00 or more is$10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subconsultant. SECTION 17: DATA PRACTICES ACT COMPLIANCE 17.1 The Consultant shall at all times abide by Minn. Stat. 13.01 et seq.,the Minnesota Government Data Practices Act,to the extent the Act is applicable to data and documents in the possession of the Consultant. SECTION 18: DISCRIMINATION In performance of this contract, the Consultant 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 Consultant,any subconsultant of the Consultant, or any applicant for employment. The Consultant shall include a similar provision in all contracts with subconsultants to this Contract. The Consultant further agrees to comply will all aspects ofthe 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. SECTION 19: 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 00,ojEden Prairie General Conditions Consultant Agreement Februan,2001 Page 4 oj4 PROPOSAL FOR WATER STORAGE CONTROL EVIPROVENIENTS SOFTENING PROCESS EVALUATION TESTING FOR CONSULTING AND DESIGN PROFESSIONAL SERVICES f f This is a proposal of October U,2006,2006("Effective Date)to City of Eden Prairie. 14100 Technology Drive.Eden Prairie. MN 55344 ("OWNER") by Advanced Engineering and Environmental Services. Inc.. 6901 East Fish Lake Road. Suite 184. Maple Grove, MN 55369 ("ENGINEER"). OWNER retains ENGINEER to perform professional services,in connection with Water Storage Control Improvements and Softening Process Evaluation Testing("Project"). OWNER and ENGINEER,in consideration of their mutual.covenants as set forth herein,agree as follows: ARTICLE 1—ENGINEER'S SERVICES 3.02 if ENGINEER's services are delayed or suspended 1.01 Scope in whole or in part by OWNER, ENGINEER shall be entitled to equitable adjustment of the time for performance A. ENGINEER shall provide the services set forth and rates and amounts of compensation provided for in Exhibit SR-A. elsewhere in this Agreement to reflect reasonable costs incurred by ENGINEER in connection with, among other B. Upon this Agreement becoming effective, things, such delay or suspension and reactivation and the ENGINEER is authorized to provide services as set fact that the time for performance under this Agreement has forth in Exhibit SR-A. been revised. C_ If authorized in writing by OWNER,and agreed ARTICLE 4—PAYMENTS TO ENGINEER to by ENGINEER, services beyond the scope of this Agreement will be performed by ENGINEER for additional compensation. 4.01 Methods of Payment for Services of ENGINEER. ARTICLE 2—OWNER'S RESPONSIBILITIES A. OWNER shall pay ENGINEER for services rendered under this Agreement as follows: 2.01 General 1. Water Storage Control Improvements A. OWNER shall have the responsibilities set forth —A Lump Sum amount of$18.400 herein and in Exhibit SR-A. 2. Softening Process Evaluation Testing ARTICLE 3—TIMES FOR RENDERING —A Lump Sum amount of$2.000 SERVICES B. Appropriate amounts are incorporated in the Lump 3.01 ENGINEER's services will be performed within Sum to account for labor, overhead, profit, Reimbursable the time period or by the date stated in Exhibit SR-A. Expenses,and Engineer's Consultants'charges,if any. 1 C. Engineer shall not be responsible for the acts or C. The portion of the Lump Sum amount billed for omissions of any contractor,contractor's subcontractor,or Engineer's services will be based upon Engineer's supplier, or of any contractor's agents or employees or estimate of the proportion of the total services actually any other persons (except Engineer's own employees) at completed during the billing period to the Lump Sum. the Project site or otherwise furnishing or performing any of construction work; or for any decision made on 4.02 Other Provisions Concerning Payment interpretations or clarifications of the construction contract given by Owner without consultation and advice A. Adjustments of Engineer. 1. ENGINEER's compensation is D. The general conditions for any construction conditioned on time to complete the contract documents prepared hereunder are to be the Assignment not exceeding the time identified in "Standard General Conditions of the Construction Exhibit SR A if used, or as is otherwise Contract" as prepared by the Engineers Joint Contract reasonably required for such services. Should Documents Committee. the time to complete the Assignment be extended due to reasons not the fault of and E. Notwithstanding, should there be any discrepancy beyond the control of ENGINEER, the total between terms and conditions in this Proposal and the compensation to ENGINEER shall be General Conditions of the City of Eden Prairie Consultant appropriately adjusted. Agreement, the General Conditions of Eden Prairie Consultant Agreement shall prevail. 2. The Standard Hourly Rate & Reimbursable Expenses Schedule will be adjusted annually (as of January 1) to reflect ARTICLE 6—DESIGNATED REPRESENTATIVES equitable changes to the compensation payable to ENGINEER. 6.01 Contemporaneous with the execution of this B. For Additional Sei-vices. OWNER shall pay Agreement,ENGINEER and OWNER shall each designate ENGINEER for all services not included in the scope specific individuals as ENGINEER's and OWNER's of this Agreement on the basis agreed to by the parties representatives with respect to the services to be performed at the time such services are authorized by OWNER or fivaished by ENGINEER and responsibilities of OWNER under this Agreement. Such individuals shall have authority to transmit instructions,receive information, ARTICLE 5—SUPPLEMENTAL CONDITIONS and render decisions relative to the Assignment on behalf of their respective party. 5.01 Supplemental Conditions A. Engineer shall not at any time supervise, ARTICLE 7—CONTENT OF AGREEMENT direct, or have control over any contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, 7.01 The following Exhibits are incorporated herein by sequences, or procedures of construction selected or reference: used by any contractor, for safety precautions and programs incident to a contractor's work progress, A. Exhibit SR-A, "Further Description of Services, nor for any failure of any contractor to comply with Responsibilities,Time, and Related Matters," consisting of laws and regulations applicable to contractor's work. two(2)pages. B. Engineer neither guarantees the performance B. Exhibit SR-B, "Supplemental Terms and of any contractor nor assumes responsibility for any Conditions,"consisting of one(1)page. contractor's failure to furnish and perform its work in C. Exhibit SR-C, "Standard Hourly Rate and accordance with the contract between Owner and Reimbursable Expenses Schedule," consisting of one (1) such contractor. page. 2 Proposed by ENGINEER: JIAV ` By: _ Charles S.Vein P.E. Title: President Date Signed: /U Address for giving notices: Advanced En ing_eeriniz and Environmental Services Inc. 6901 East Fish Lake Road.Suite 184 Maple Grove.MN 55369 Designated Representative(Paragraph 5.01): Name: John K.Berriean.P.E. Title: Proiect Manager Phone Number. (763)463-5036 Facsimile Number. (763)463-5037 E-Mail Address: iohn.berriean(a?ae2s.com 3 i This is EXHIBIT SR-A,consisting of two pages,referred to in and part of the Proposal dated October 11,2006. Further Description of Services,Responsibilities,Time,and Related Matters Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties: A.1.01 ENGINEER's Services i A. ENGINEER shall: ! I. Consult with OWNER to define and clarify OWNER's requirements for the Assignment and available data. 2. Advise OWNER as to the necessity of OWNER providing data or services which are not part of ENGINEER's services,and assist OWNER in obtaining such data and services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction relevant to the Assignment 4. Perform the following tasks: A. Water Storage Control Improvements: I. Evaluate the condition and performance of the existing altitude valve and instrumentation for controlling the fill-cycle for the Baker Road ground storage tank. 2. Design Baker Road ground storage tank fill-cycle control valve,electrical service actuator,level and flow control hardware,control program modifications,piping, installation materials and methods,and installation sequencing required to enable operation in automatic,remote manual and local manual operation. 3. Design Hidden Pond elevated storage tank fill-cycle control valve,electrical service, actuator,level and flow control hardware control program modifications,piping, installation materials and methods,and installation sequencing required-to enable operation in automatic,remote manual and local manual operation. 4. Design and install one updated control screen incorporating addition input/output data for control of new valving at the water treatment plant. The control screen will include three towel•graphics,tower level,existing pump on/offactivation data, confirmation of existing pump operation,valve open/close indicator,and valve position will be included on the proposed control screen. S. Provide training for the updated control screen. 6. Providing plans and specifications necessary for soliciting proposal from two contractors to perform the installation. 7. Coordinate and assist the City in the contractor's execution of the work. It is anticipated that two site visits and three progress meetings will be required. B. Softening Process Evaluation Testing: i. Coordinate sampling and shipping with laboratory. 2. Receive and interpret laboratory results. 3. Provide a letter report(approximately 4-pages plus attachments)recommending process chemistry improvements and alternatives. Page I of 2 Pages (Exhibit SR-A-Further Description of Services,Responsibilities,Time,and Related Matters) 5. Perform or provide the following additional tasks or deliverables: hone identified on the Effective Date of this Agreement. A.2.01 OWNER's Responsibilities E A. OWNER shall do the following in a timely manner,so as not to delay the services of ENGINEER: 1. Provide all criteria and full information as to OWNER's requirements for the Assignment. 2. Furnish to ENGINEER all existing studies, reports and other available data pertinent to the Assignment,obtain or authorize ENGINEER to obtain or provide additional reports and data as required,and f unisb to ENGINEER services of others as required for the performance of ENGINEER's services. 3. Provide electrical schematics,PLC programming,and SCADA data 4. Solicit proposals from contractors. 5. Issue contracts/purchase orders. 6. Administer construction contracts. 7. Obtain operations and maintenance data and training for use of new valves and equipment. B. ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER's services under this Agreement. C. Participate with ENGINEER and others as appropriate, in meetings and related activities associated with ENGINEER's Scope of Services. D. OWNER shall bear all costs incident to compliance with its responsibilities pursuant to this paragraph A.2.01. A.3.01 Times for Rendering Services [Mot Used.] Page 2 of 2 Pages (Exhibit SR-A-Further Description of Services,Responsibilities,Time,and Related Matters) This is EXHIBIT SR-B, consisting of two pages,referred to in and part of the Proposal dated October 11,2006. Standard Terms and Conditions The Agreement is supplemented to include the following agreement of the parties: Supplemental Terms and Conditions SC-1. Independent Contractor All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party.Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER. ENGINEER's services under this Agreement are being performed solely for OWNER's benefit, and no other entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. OWNER agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of this paragraph. SC-2. Access OWNER shall arrange for safe access to and make all provisions for ENGINEER and ENGINEER's Consultants to enter upon public and private property as required for ENGINEER to perform services under this Agreement. SC-3. Hazardous Environmental Conditions It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a "Hazardous Environmental Condition," i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Assignment. In the event ENGINEER or any other party encounters a Hazardous Environmental Condition,ENGINEER may,at its option and without liability for consequential or any other damages,suspend performance of services on the portion of the Assignment affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate,abate,remediate,or remove the Hazardous Environmental Condition;and (ii)warrants that the site is in full compliance with applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or"transporter" of hazardous substances,as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the site in connection with ENGINEER's activities under this Agreement. SC-4. Patents ENGINEER shall not conduct patent searches in connection with its services under this Agreement and assumes no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement shall be construed as a warranty or representation that anything made,used,or sold arising out of the services performed under this Agreement will be free from infringement of patents or copyrights. SC-5. Use of Electronic Media a. Copies of Documents that may be relied upon by OWNER are limited to the printed copies(also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media fomrat of text, data, graphics,or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Page I of 2 Pages (Exhibit SR-B—Supplemental Terms and Conditions) b. When transferring documents in electronic media format,ENGINEER makes no representations as to long- term compatibility,usability,or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of this Assignment. c. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days,after which the receiving party shall be deemed to have accepted the data thus transferred Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic media format after acceptance by OWNER. SC-6. Opinions of Probable Construction Cost a. Construction Cost is the cost to OWNER to construct proposed facilities. Construction Cost does not include costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, or OWNER's costs for legal, accounting, insurance counseling or auditing services,or interest and financing charges incurred in connection with OWNER'S contemplated project, or the cost of other services to be provided by others to OWNER pursuant to of this Agreement. Construction Cost is one of the items comprising Total Project Costs. b. ENGINEER's opinions of probable Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional generally familiar with the industry. However,since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals,bids,or actual Construction Cost will not vary from opinions of probable Constriction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to probable Construction Cost,OWNER shall employ an independent cost estimator. SC-7. Opinions of Total Project Costs a. Total Project Costs are the sum of the probable Construction Cost, allowances for contingencies, the estimated total costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way,or compensation for damages to properties,and OWNER's costs for legal,accounting,insurance counseling or auditing services, and interest and financing charges incurred in connection with a proposed project,and the cost of other services to be provided by others to OWNER pursuant to this Agreement. b. ENGINEER assumes no responsibility for the accuracy of opinions of Total Project Costs. SC-8. Notices Any notice required under this Agreement will be in writing,addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail postage prepaid,or by a commercial courier service. All notices shall be effective upon the date of receipt. Page 2 of 2 Pages (Exhibit SR-I3—Supplemental Temrs and Conditions) This is EXHIBIT SR-C, consisting of one page, referred to in and part of the Proposal dated October 11,2006. 2006 Standard Hourly Rate and Reimbursable Expenses Schedule The Hourly Fees and Expense Schedule is subject to review and adjustment annually as of January 1. Labor Rates Reimbursable Expense Rates Engineer I $76.00 Transportation(4x4) $0.501mile Engineer 11 $86.00 'Transportation(Auto) $0.50/mile ! Engineer I11 $100.00 Survey Vehicle $0.65/mile f Engineer IV $114.00 Photocopies $0.10/copy Engineer V $125.00 Plots-Color Bond $1.25/s.f. Engineer VI $136.00 Plots-Monochrome Bond/Vellum $0.75/s.f Plots-Film/Photo High Gloss $2.00/s.f I&C Technician I $71.00 Digital Imaging $I0.00/day I&C Technician II $82.00 Computer/CADD $10.00/hour I&C Technician 111 $92.00 Laser Printouts $0.20/page I&C Technician IV $102.00 Color Laser Printouts/Copies $1.50/page I&C Technician V $114.00 Fax-Receiving $1 A0/page I&C Technician VI $124.00 Fax-Sending $1.00/page Projector $25.00/hour Land Surveyor I $64.00 Total Station $10.00/hour Land Surveyor II $74.00 Total Station-Robotic $35.00/hour Land Surveyor 111 $86.00 Pro-XR GPS $15.00/hour Land Surveyor IV $96.00 Fast Static/RTK GPS $50.00/hour Land Surveyor V $108.00 All Terrain Vehicle/Boat $95.00/day Land Surveyor VI $125.00 Hydrant Pressure Recorders $10.00/day Telemetry Radio $50.00/site Engineering Technician I $42.00 Pressure Recorder $5.00/day Engineering Technician II $52.00 Outside Services* cost*1.00 Engineering Technician III $64.00 Out of Pocket Expenses** cost*1.00 Engineering Technician IV $74.00 Rental Car cost*1.00 Engineering Technician V $84.00 Engineering Technician VI $98.00 * Includes laboratory testing,architectural and Engineering Technician VII $118.00 engineering consultants,surveying,etc. Senior Consultant $110.00 CPA $108.00 ** Includes toll telephone,shipping,postage, Financial Analyst $105.00 subsistence,technical literature,equipment rental, IT System Administrator $105.00 etc. Marketing Consultant $75.00 Administrative 1 $40.00 Administrative I1 $48.00 Administrative 111 $58.00 Administrative IV $67.00 Administrative V $75.00 Page I of 1 Pages (Exhibit SR-C-Standard Hourly Rate and Reimbursable Expenses Schedule) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.I. Paul Sticha, Office of the City Reject Bids for Building Envelope work Manager, Facilities at 17 City owned buildings Requested Action Move to: Reject all bids for Building Envelope work at City owned buildings. Synopsis All Buildings American Masonry Declined to Bid A. J. Spanjers Company Declined to Bid Restoration Systems $106,345.00 Western Waterproofing $107,867.00 Background Information Specifications were written by Environmental Process Inc (EPI) and a request for bids was published in Sun Newspapers. Four bidders attended the pre-bid meeting held by EPI and City of Eden Prairie staff. Two of the four bidders ultimately declined to bid because of their workload. Bid from Restoration Systems exceeds budget dollars available. Recommend we reject the bids and postpone this work until 2007 for the following reasons: • Bids exceed budget dollars available • After requesting deducts for painting, bids still exceed budget dollars available. • Will redo specifications to remove painting and grade corrections and re-bid this fall for a spring 2007 start. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.J. Paul Sticha, Office of the City Building Envelope Maintenance Manager, Facilities Projects for 2006 &2007 Requested Action Move to: Accept Base Bid for Building Envelope Maintenance from Advanced Masonry Restoration(and reject Alternate G-1) Synopsis Base Bid Alternate G-1 Advanced Masonry Restoration $40,000 $15,000 A. J. Spanjers Company $49,260 $ 4,400 American Masonry Restoration $59,775 $ 5,520 Background Information • Proposals were received earlier in the year but far exceeded budget and therefore all were rejected. • Specifications were re-written and scope reduced as follows: 0 7 major buildings instead of 17(10 to be postponed) o All painting was eliminated from specifications(to be postponed) o All grade corrections were eliminated from specifications(to be postponed) • Recommend we accept bid and sign contract now for work to begin first thing in the spring. • Additional buildings and projects will be added in future years as budgets permit. CITY COUNCIL AGENDA DATE: Nov. 14, 2006 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILK. Public Safety License Agreement with Cingular for Community Investigations/ antenna at Senior Center Zoning Administration Jean Johnson,Zoning Adm. Requested Action Move to approve license agreement with Cingular for an antenna installation on the City's monopole at the Senior Center. Synopsis Cingular has a need for improved cellular coverage in this area of the City. They wish to enter into a license agreement with the City to place a Cingular antenna on the City's monopole located behind the Senior Center at 8950 Eden Prairie Road. Background Information Cingular proposes to mount their antenna at a 60 foot height on the monopole. The Cingular ground equipment will be placed north of the Sprint and T-Mobile ground equipment. The Sprint antenna was installed in 2001 on the monopole at an 80 foot height. A T-Mobile antenna is currently being constructed on the monopole at a 70 foot height. Attachments • License Agreement LICENSE AGREEMENT This License Agreement, (or "Agreement') made this day of 2006, between City of Eden Prairie, a municipal corporation, 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, a Minnesota municipal corporation, hereinafter referred to as "Grantor," and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 6100 Atlantic Boulevard, Norcross, Georgia, 30071, hereinafter referred to as"Grantee." RECITALS: A. Grantor is the owner of certain real property located in Hennepin County, State of Minnesota, and more particularly described in Exhibit A attached hereto (the "Land")on which is situated a monopole tower(the"Tower"). The Land and the Tower are hereafter called the(the"Property"). B. Grantee desires a non-exclusive license to use certain portions of the Property, as described herein, for the purpose of constructing, operating, and maintaining a communications facility("Facility"). NOW THEREFORE,the parties agree as follows: 1. Grant of License. Grantor grants to Grantee a license for the use of certain portions of the Property, as described herein, for the period, uses, and consideration in accordance with all of the terns, covenants, conditions, and provisions contained herein. 2. Term. The term of the license granted hereby ("Term) shall be for a period of five years,commencing on the earlier of (a) the date on which Grantee commences construction of, or begins placement of onion of Grantee's Facility,on the Property, or 1� (b) NovembsrX 2 %7,-'O� 3. Consideration. Grantee shall pay to Grantor the following: (a) Annual license fees in the following amounts: Year 1 - $21,000.00 Year 2 - 21,840.00 Year 3 - 22,714.00 Year 4 - 23,622.00 Year 5 - 24,567.00 Annual license fees shall be payable in equal annual installments commencing on or before the first day of the Tenn and or before the first day of each successive year during the Tenn and any Extended Term as provided hereafter. (b) Upon notice from Grantor, Grantee shall promptly pay to Grantor all additional Grantor expenses incurred in maintaining those portions of the Property used by Grantee, including painting or other maintenance, that are caused by Grantee's occupancy of certain portions of the Property. 4. Grantee's Use. Grantee may use the following parts of the Property for the following uses, and the construction, maintenance, repair and replacement of the following(all of which are hereafter referred to as the"Improvements"): (a) Not more than twelve (12) cellular and link antennas and necessary connecting wave-guide and appurtenances on the Tower as more particularly described in Exhibit B attached hereto. (b) A structure consisting of approximately two hundred forty (240) square feet to be erected, solely at Grantee's expense, on the Property as described in Exhibit C attached hereto ("Equipment Structure") to house and contain Grantee's radio transmission, computer equipment and emergency battery and generator equipment. (c) Utility wires, cables, conduits and pipes underground and within that part of the Property described in Exhibit D attached hereto. (d) Right to ingress and egress 24 hours each day, seven (7) days a week, on foot or motor vehicle on and over that part of the Property from and to 8950 Eden Prairie Road,Eden Prairie,MN 55347, as described in Exhibit A for the purpose of inspecting, maintaining and repairing its Facility and related equipment, provided however, Grantor shall have the right to require Grantee to exercise its right of ingress and egress on and over a different part of the Property or other Property as may be provided by or through Grantor, so long as the new ingress and egress point is reasonable acceptable to Grantee. (e) A separately metered connection to the electric utility, which supplies electricity. All Improvements shall be at Grantee's expense and the Improvements, including antennas and equipment, shall be maintained in a reasonable condition and secured by Grantee. Grantee shall ensure that its use of the Property is consistent with all local,state and federal laws,ordinances,and regulations. 5. Exclusive and Non-Exclusive License. Grantee's license to use those portions of Grantor's Property denominated on Exhibits B and C as"Exclusive" ("Exclusive Area") shall be for the sole and exclusive use of Grantee, subject to Grantor's 2 right to use the Exclusive Area for its own communications facilities or other public purposes in the future, as well as for the purpose of maintenance of the Property and Grantor's equipment. Grantee's license to use all other portions of Grantor's Property shall be non-exclusive, and Grantor shall have the right to use its Property and to authorize others to do so as Grantor, in its sole discretion, may determine. In the event that the use of the Property by others to whom Grantor may hereafter authorize such use constitutes an unreasonable or harmful interference with Grantee's use of the Property, or if Grantor utilizes any or all of the Exclusive Area, Grantee may give notice to Grantor of such interference. If the interference is not corrected within thirty (30) days after the giving of such notice, Grantee may terminate this agreement upon notice to Grantor. 6. Utilities and Taxes. Grantee will be responsible for installation and payment of all utilities required by its use of the Property. If, due to the execution of this Agreement, and Grantee's use of certain portions of the Property or the Exclusive Area, any portion of the Property used by Grantee or the Exclusive Area becomes taxable, Grantee shall pay such real estate and personal property tax liability for the portion of the Property used by Grantee to the Landlord upon thirty(30) days written notice. Grantor will provide to Grantee a copy of any notice of taxes or special assessments imposed upon the Improvements or Property as a result of the Improvements or use of the Property by Grantee,which Grantor may receive from any taxing authority. Subject to any and all limitations imposed by law, Grantee may contest, at its own expense,any such taxes or assessments. 7. Maintenance. All reasonable costs for maintenance of the Property, that result from Grantee's proportionate use of the Property, shall be paid promptly to Grantor by Grantee upon Grantor's incurring the cost thereof. S. Ownership of Improvements. During the term of this Agreement and any Extended Term, ownership of the Improvements will remain in the Grantee. Grantee shall,not less than sixty(60)days from the termination of this Agreement or the effective date of notice, remove those Improvements and shall restore the Property from which they have been removed to its condition at the commencement of the Tenn. Contemporaneously with the delivery to Grantor of this Agreement executed by Grantee, Grantee will deposit$5000.00 with Grantor. In the event Grantee fails to remove the Improvements required to be removed within the time or times provided, Grantor may do so. Grantee shall reimburse Grantor for all costs incurred by Grantor to remove the Improvements and restore the Property. Grantor may draw from the deposit so much thereof as will reimburse Grantor for its costs. Any amount remaining will be refunded to Grantee. If the deposit is insufficient to cover Grantor's costs Grantee shall promptly pay to Grantor the deficiency. 3 9. Defense and Indemnification. (a) General. Grantee shall defend, indemnify and hold harmless Grantor and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, causes of action and liens, including reasonable attorneys' fees and other costs and expenses of litigation (i) which may be asserted against or incurred by Grantor or for which Grantor may be liable in the performance of this Agreement, except those which arise solely from the negligence or willful acts of Grantor or (ii)arising out of the installation, operation, use, maintenance, repair, removal, or presence of Grantee's Improvements on the Property. Any obligation of Grantor's to indemnify Grantee shall, in any event,be limited as set forth in Minn. Stat. § 466.04(2006). (b) Hazardous Materials. Without limiting the scope of Subparagraph 9 (a) above, Grantee will be solely responsible for and will defend, indemnify, and hold Grantor, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Property resulting from Grantee's use of Hazardous Materials. For purposes of this Agreement, "Hazardous Materials" shall mean: Any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic substance, pollutant, contaminant, or other similar term,by any federal, state or local environmental statute,regulation, order or ordinance presently in effect,including,without limitation,asbestos and petroleum products. To the best of Grantor's knowledge, there are no known Hazardous Materials on the property (e) Grantee's Warranty. Grantee represents and warrants that its use of the Property will not generate and Grantee will not store or dispose of on the Property, nor transport to or over the Property, any Hazardous Materials (other than petroleum products necessary for the operation of an emergency electrical generator to serve the Facility, sealed batteries for emergency back-up, any fire suppression system or small quantities of cleaning products ordinarily used by commercial businesses). The obligation of this Paragraph 9 shall survive the expiration or other termination of this License. 10. Insurance. (a) General Liability. Grantee shall maintain an occurrence form comprehensive general liability insurance coverage. Such coverage shall include, but not be limited to, bodily injury, property damage — broad form, and personal injury, for the hazards of Premises/Operation, broad 4 form contractual, independent contractors, and products/completed operations. Grantee shall maintain aforementioned comprehensive general liability coverage with limits of liability not less that $2,000,000 each occurrence; $2,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are no less than the above stated limits. (b) Grantee Property Insurance. Grantee shall keep in force during the Term and any Extended Term a policy covering damages to its Facility at the Property. The amount of coverage shall be sufficient to replace the damaged Facility, loss of use and comply with any ordinance or law requirements. (e) Hazardous Materials Coverage. Grantee must carry sufficient coverage,to the reasonable satisfaction of the Grantor, for damage caused by Hazardous Materials. (d) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Extended Term by multiplying the current coverage limit by a fraction, the numerator of which is the Consumer Price Index All Urban Consumers-All Items Base 1982 to 1984 Equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI-U") for the month that is three months preceding the first day of the extended term,the denominator of which is the CPI-U for the month that is three months prior to the first day of this Agreement. If the CPI-U is discontinued, comparable statistics on the purchasing power of the consumer dollar published by the U.S. Department of Labor or its successor as designated by Grantor shall be used for making the computations in this paragraph. In the event the same base period (1982- 1984 Equals 100) used in computing the CPI-U is changed, the figures used in making the adjustment shall accordingly be changed so that the changes in the CPI-U are taken into account with the same mathematical results notwithstanding any change in the base period. In the event of any other changes in the CPI-U, the Grantor shall designate a comparable calculation to be used for the calculations of this paragraph. (e) Additional Insured. The insurance policies noted in this Section(10) shall be issued by a company (rated A+ or better by Best Insurance Guide) licensed to do business in the state of Minnesota, and shall name the City as an additional insured. The insurance policies shall provide that the Grantee's coverage shall be primary coverage in the event of the loss of Grantee's equipment or improvements on the Leased Premises. The 5 policies shall also insure the indemnification obligation(s) contained in Section 9. A copy of the Grantee's insurance declaration page(s), Rider(s), or Endorsement(s), as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be provided to the City before Grantee, or any party acting on Grantee's behalf or at Grantee's behest, enters the Property for the purpose of constructing or placing any Facility or related material on the Property. The Certificate(s) shall also provide that the coverage(s) may not be canceled, non-renewed, or reduced below the limits required in this Agreement without thirty(30)days prior written notice to Grantor. (f) Exhibit F. In addition to the terms and conditions set forth in this Section 10, the Grantee is subject to the terms and conditions set forth in the attached Exhibit F. 11. Temporary Interruptions of Service. When Grantor determines that continued operation of Grantee's Facility would cause or contribute to an immediate threat to the public (including maintenance and operating personnel) health and/or safety, Grantor may without prior notice to Grantee cause discontinuance of operation of Grantee's Facility or may order Grantee to discontinue its operation. Discontinuance of Grantee's operation shall include,but not be limited to shutting down the transmission of electromagnetic waves or impulses to or from the Facility. Grantee shall immediately comply with such an order. Operations shall be discontinued only for the period that the immediate threat exists. If prior notice is not given to Grantee, Grantor shall notify Grantee as soon as possible after its action and give its reason for taking the action. Grantor shall not be liable to Grantee or any other party for any interruption in Grantee's service or interference with Grantee's operation of its Facility. If the discontinuance shall extend for a period greater than three days, either consecutively or cumulatively, Grantee shall have the right to terminate this Agreement within its sole discretion without any prior notice. Any license fees paid by Grantee for any period of time after the date of termination shall be refunded to Grantor. 12. Interference with the Property. Grantee shall not interfere with Grantor's use of the Property(and others to whom Grantor has granted the use of the Property) and agrees to cease all such actions which unreasonably and materially interfere with Grantor's or other's use of the Property no later than three (3) business days after receipt of written notice of the interference from Grantor. If the interference cannot be eliminated within 30 days after Grantee has received written notice, either Grantor or Grantee may at its option terminate this Agreement immediately. 13. Interference with Communications. Grantee's use and operation of its Facility shall not interfere with the use and operation of other communication facilities of Grantor. If Grantee's Facility causes interference, Grantee shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Grantor's written notice of the 6 interference, Grantee shall immediately cease operating its Facility and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Grantee has received Grantor's written notice, Grantor may at its option terminate this Agreement immediately. 14. Additional Covenants. Grantee shall (a) use natural gas or propane(and shall not use gasoline or diesel fuel)for energy to power an engine to operate a generator to be installed on the Property, if any (b) not use any process or method in the installation, maintenance or removal of any Improvement upon the Tower by means of welding, cutting tool or other device which could damage the Tower, including its interior and exterior paint or any equipment attached thereto, (c) protect the Improvements from damage or harm in the event of the repair or maintenance of the Tower or other facilities of Grantor, (d)not, without Grantor's consent,remove, cut or trim any trees or other vegetation on the Property, and(e) replace significant trees (as defined in Eden Prairie City Code) lost as a result of construction of the Improvements upon the Property in accordance with the provisions of Eden Prairie City Code Section 11.55. 15. Default. The following shall constitute an event of default by Grantee ("Grantee's Default") : (a) Grantee's failure to make prompt payment of fees or other amounts due within fifteen (15) days after written notice to Grantee of such delinquency. (b) Grantee's failure to comply with Grantee's obligations contained in Sections 5,11, 12, 13 and 14 of this Agreement. (c) Grantee's failure to observe or perform any other covenant or condition contained in this Agreement within 30 days after written notice to Grantee specifying such failure and requiring Grantee to remedy the same. (d) The adjudication of Grantee as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Grantee under the federal bankruptcy laws or any other applicable law or statute of the United States of American or.any State thereof,or the appointment by such a court of a trustee or receiver or receivers of Grantee or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit in each case, the order or decree remains unstayed and in effect for ninety(90)days. (e) The filing by Grantee of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial 7 part of the property of Grantee; or the filing by Grantee of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Grantee of a petition to take advantage of any debtor's act. 16. Remedies. Upon Grantee's Default, Grantor shall be entitled to terminate this Agreement, seek specific performance, and/or seek damages. The exercise of one or more of such remedies by Grantor shall not be deemed an election or waiver of the right to exercise any other remedy. 17. No Duty to Repair. Grantor shall have no duty or obligation to repair, restore, replace or modify the Tower, the Land, or any of Grantor's facilities, fixtures, personal property or improvements located thereon or therein; provided that Grantor shall maintain the Tower and Land in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. 18. Termination. In addition to Grantor's right to terminate this agreement pursuant to Section 16 hereof, Grantor shall have, and reserves, the right in its sole discretion to terminate this Agreement at any time if, in Grantor's sole judgment, Grantor shall: (a) convey or transfer to another the Land or the Tower. (b) discontinue its use of the Tower. (c) if it determines, after consultation with a licensed structural engineer that the Tower is structurally unsound for use as a tower, for any reason including but not limited to considerations related to the age of the structure, damage to or destruction of all or part of the Tower or the Property from any source, or factors relating to the condition of the Property. (d) If Grantee does not proceed with Improvements, meaning construction start on property,by November 1,2006. In addition to Grantee's right to terminate this Agreement as expressly provided herein, Grantee may terminate this Agreement if (a) Grantor fails to perform any term, condition or breaches any warranty or covenant hereunder and such default continues for a period of thirty (30) days after receipt of written notice from Grantee; or (b) Grantee is unable to obtain or maintain any required permit or approval. Upon termination of this Agreement pursuant to Grantor's or Grantee's right to terminate this Agreement as provided herein or upon expiration of the Term or any Extended Term, the Parties' obligations under this Agreement shall cease, except Grantee's obligations with respect to Sections 8 and 9 of this 8 Agreement and to make payment of any amounts to which Grantor is entitled at such time. Termination shall not relieve Grantee of any liability by way of damages to which Grantor may be entitled upon Grantee's Default hereunder. 19. Limitation of Grantor's Liability. If Grantor terminates this License other than as of right as provided in this License, or Grantor causes interruption of the business of Grantee or for any other Grantor breach of this License,Grantor's Liability for damages to Grantee shall be limited to the actual and direct costs of equipment removal, or repair and shall specifically exclude consequential damages, any recovery for value of the business of Grantee as a going concern, future expectation of profits,loss of business or profit or related damages to Grantee. 20. Condemnation. In the event the whole of the Property is taken by eminent domain,this License shall terminate as of the date title to the Property vests in the condemning authority. In event a portion of the Property is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Grantee shall not be entitled to any portion of the reward paid for the taking and the Grantor shall receive full amount of such award. Grantee hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in the value of the license or the fee of the Property, shall belong to Grantor, Grantee shall have the right to claim and recover from the condemning authority, but not from Grantor, such compensation as may be separately awarded or recoverable by Grantee on account of any and all damage to Grantee's business and any costs or expenses incurred by Grantee in moving/removing its Improvements. 21. Additional Buildings. Grantee acknowledges that Grantor may permit additional buildings to be constructed on the Property. At such time as this may occur, Grantee will permit said buildings to be placed immediately adjacent to Grantee's building, if any, and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Grantee and will not compromise the structural integrity of Grantee's Equipment Structure. 22. Extended Terms. This Agreement and license shall automatically renew for three (3) additional five (5) year terms ("Extended Terms") upon the terms and conditions herein unless the Grantee notifies the Grantor in writing of Grantee's intention not to renew this Agreement at least sixty (90) days prior to the expiration of the existing Term. The annual license fees for the Extended Terms are as follows: First Extended Term Second Extended Term Year 6 $25,550.00 Year 11 $31,085.00 Year 7 26,572.00 Year 12 32,328.00 9 Year 8 $27,635.06 Year 13 $.33,622.00 Year 9 28,740.00 Year 14 34,966.00 Year 10 29,890.00 Year 15 36,365.00 Third Extended Term Year 16 $37,820.00 Year 17 39,332.00 Year 18 40,906.00 Year 19 42,542.00 Year 20 44,244.00 23, No Representation or Warranty — Conditional Gran#. Grantor makes no representation or warranty regarding the condition of its title to the Land or its right to grant to Grantee the license. Grantee is entering into this Agreement and use of the Land is subject to Grantee's own investigation and acceptance therefore `°as is." Grantee's rights granted pursuant to this Agreement are subject and subordinate to all limitations,restrictions, and encumbrances relating to Grantor's interest in the Land that may affect or limit Grantor's right to grant those rights to Grantee. Agreement contains all agreements, promises and 24. Entire A eement. This A �' p 1� �' r oral agreements, Grantee and no verbal o o , understandings between Grantor and Gr g g promises, or understandings shall or will be binding upon either Grantor or Grantee in any dispute, controversy, or proceeding at law, and any addition, variation,or modification to this Agreement shall be void and ineffective unless it is in writing and signed by the parties hereto. 25. Interpretation. This Agreement and the performance thereof shall be governed, interpreted,construed,and regulated by the laws of the State of Minnesota. 26. Assig Went. This license, and rights thereunder, may be sold, assigned or transferred at any time by Grantee without the approval or consent of Grantor,to Grantee's parent or member company or any affiliate or subsidiary of, or partner in, Grantee or its parent or member company or to any entity which acquires all or substantially all of the Grantee's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition, or other business reorganization. Upon notification to Grantor of such assignment,transfer or sale, Grantee will be relieved of all.future performance, liabilities and obligations under this Agreement. As to other parties, this license may not be sold, assigned, or transferred without the written consent of Grantor,such consent not to be unreasonably withheld or delayed. For purposes of this paragraph, a"parent,""affiliate," or"subsidiary"means an entity which directlyor indirectly controls, is controlled by or under common control Y with Grantee. Grantor hereby consents to the assignment by Grantee of its rights under this license as collateral to any entity which provides financing to Grantee. 10 27. - Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Grantor by delivering it personally to the Manager of Grantor; or if it is directed to Grantee, by delivering it personally to Real Estate Department of Grantee; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier,properly addressed as follows: If to Grantor: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn: City Manager With a Copy to: Richard F. Rosow Eden Prairie City Attorney 1600 Park Building 650 Third Ave. So. Minneapolis,MN 55402-4337 If to Grantee: c/o Cingular Wireless LLC Attn:Network Real Estate Administration Re: Cingular Wireless Cell Site#: MPLSMN1420;Cell Site Name: Red Rock Lake 6100 Atlantic Boulevard Norcross, Georgia 30071 With a copy to: Cingular Wireless LLC Attn.: Legal Department Re: Cingular Wireless Cell Site#:MPLSMN1420; Cell Site Name: Red Rock Lake 15 E Midland Ave. Paramus,NJ 07652 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided,however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 28. Recording of Memorandum. Grantor shall execute and Grantee shall be permitted to record at any time a memorandum of this Agreement. If this Agreement is terminated prior to the expiration of its Term, or an extended Term, Grantee shall record an appropriate instrument to clear the memorandum from the title to the Land. 11 29. Advances in Technolo y. As technology advances and improved antennas are developed which are routinely used by Grantee in Grantee's business, Grantor may require in its reasonable discretion the replacement of the existing antennas with any improved antennas then being used by Grantee in the Minneapolis-St. Paul Metropolitan Area if new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of improved antennas is economically and technically feasible. 30. Casualty. Grantor will provide notice to Grantee of any casualty affecting the Property within forty-eight (48) hours of the casualty. If any part of the Facility or Property is damaged by fire or other casualty so as to render the Property unsuitable, in Grantee's sole determination, then Grantee may terminate this Agreement by providing written notice to the Grantor, which termination will be effective as of the date of such damage or destruction. Upon such termination, Grantee will be entitled to collect all insurance proceeds payable to Grantee on account thereof and to be reimbursed for any prepaid license fees on a prorata basis. If notice of termination is given, or if Grantor or Grantee undertake to rebuild the Facility, Grantor agrees to use its reasonable efforts to permit Grantee to place temporary transmission and reception facilities on the Property at no additional license fee until such time as Grantee is able to activate a replacement transmission facility at another location or the reconstruction of the Facility is completed. 31. Miscellaneous. (a) Grantor represents and warrants that Grantor has full authority to enter into and sign this Agreement. (b) Grantor shall contemporaneously herewith execute and acknowledge and deliver to Grantee for recording a Memorandum of this Agreement ("Memorandum")in the form of Exhibit"G" (c) This Agreement supersedes all prior discussions and negotiations and contains all agreements and understandings between the Grantor and Grantee. This Agreement may only be amended in a writing signed by all Parties. Exhibits "A" through "G" are incorporated into this Agreement by reference. (d) No provision of this Agreement will be deemed waived by either Party unless expressly waived in writing by the waiving Party. No waiver shall be implied by delay or any other act or omission of either Party. No waiver by either party of any provisions of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. (e) This Agreement may be signed in counterparts by the Parties hereto. 12 (f) gr. The terms and conditions of this Agreement shall run with the Property P y and extend to bind the respective heirs, personal representatives, successors in interest, and assigns of Grantor and Grantee and in accordance with the applicable rules of the American Arbitration Association. Any judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof. The arbitration shall be conducted in the county where the Property is located. There shall be no discovery other than exchange of information which is provided to the arbitrator b the Parties. The arbitrator shall have authority only to award compensatory damages and shall not have authority to award punitive damages or other non-compensatory damages. The Parties hereby waive all rights to, and claims for monetary awards other than compensatory damages. (g) This Agreement shall be construed in accordance with the laws of the state in which the Property is located (h) If any term of the Agreement is found to be void or invalid, such findings shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. IN WITNESS WIIEREOF,the parties hereto have set their hands and affixed their respective seals the day and year first above written. GRANTOR CITY OF EDEN PRAIRIE Date: ,2006 By: Its:Mayor By: Its:Manager Taxpayer ID#: 41-0855460 GRANTEE NEW CINGULAR WIRELESS PCS,LLC,a Delaware limited liabilitycompany Date: (1G�y e, '" 1\ ,2006 By:—YU_`l 6 Mark Holm Its:Real Estate/Construction Manager Taxpayer ID#: a `3 313 901 D 13 STATE OF MINNESOTA } }ss. COUNTY OF HENNEPIN } The foregoing instrument was acknowledged before me this day of , 2006, by and , 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 NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) On the t �-'—day of �Cr`���611— in the year 2006. before me, the undersigned, a notary public in and for said state, personally appeared Mark Holm personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s)or the person upon behalf of which the indiviivaal(s)ma the instrument. Notary Public: 5 eVe cA'e-W&-- My Commission Expires: 3L SERENA WEBER i, Notary Public Minrresota µy Commission ExWes January 31.20H 14 EXHIBIT A Property Address: 8950 Eden Prairie Road Eden Prairie.MN 55347 Property Index: 20-116-22-14-0001 The Property is described and/or depicted as follows: The South 300 feet of the East 615 feet of the Southeast 1/4 of the Northeast 1/4 of Section 20, Township 116, Range 22 except road, according to the United States Government Survey thereof and situate in Hennepin. County, Minnesota. 15 EXHIBIT B See attached. 16 EXISi1N0 UGNTNINO ROD - EXISTING ANTENNAS By OTHERS -76., YN (3)TOn'ER SECTOR FM nSaAC.S AND AKTENNAuftNT,'PCs(OR to-) s az FUTURE Ta WRB AKTEW B@TO'A.GA. V' T d YOHOPOU n aGPOBE0"'GvuxANrera+AS PLAN VIEW 'N1= TOBEMOUNTFAQ80'A.G.L J, d ` PR ? 1Q(JNITAI �TENNA LAYOl3L N Nf8 PROPOSED LNG WIL DCAYOTMVY FROM EXISTING&lRONNf:TO TOWER d F § FOR O COAX ROUT ZONTAL CABLE7TrAY p � � FCRCOAX IXOUTEO ONSVILdNG ROOF PROPOSED CNNGULAR I V-n28' PREFABRrAT'ED EQUIPMENT SHELTER IVITH DARK COLOREO ANIENNn 3� bBPoCREXTEA[OR TO MATCH THE EXLSTIKl MONOPOLE TOWER �I COLOR OF THE EXLSTING BUILDING IS)TONER SCCTOR '( fRANES R/SRBACXS * at PROPOSED COVERED VERTICAL AND_ICNNA..m S CABIETMY(JAIMONT OR EOWI.) ProES(OR EOWY) ROUTED UP 91NIAINO FACE PASTT TO MATCH BLDG EXTEBOFt 3 a Ai— r EJ0.4RItl6 BDEOW6 ED 11 a'1d uONOPOIC i FASTEN CABLE TRAYNWAVLKRBOE TO BRACKET ATTACHED TO HARDHOIE Po K PLAN VIEW as (TORE ,M1,LjL A)&L .. DETAIL pIS • I .. > NOTE: NORTH EIEVAT0.Y EXISTING BOARDON BOARD O LOCATED FONGLILAItS PROPOSED BHELTER,13 NorSHOVA (\�./}--•� NrxTwesTAEPUA-Ae FOR IwuT.Analaw°sA CIARFfY TWIMFRII>D%AT• TERRA SITE9 MPLSMN1420AAAW x CingulaC SITE ELEVATION e e+•wr.ue. SITE NAME:RED ROCK LAKE VWREL SS rN BOO B���s4t HISNyo uMn fF1RVA'kAtt[!S MFr00PAHGA tU0 ssw •piYPTOPT•lLL rNe ry NMe Iri+Nea OA.MeNAuru � BBI)�°N aao°BB O°r• euoEDENPRARE wAlaA,sa.xeNAoeuwnw.•R»A» ASegBN NERWErere: uz olAvmaYAs art, el MPLSMN1420A03 0 Fac IWu EOEN PRIME.MN 5531f p'>'613N-e•i- If It/ r EXHIBIT C See Attached. 17 in ti PROP EounDSCAWeq(TYP.OF4 T,Y'i� TREES)TO MATCH WBTHn UNDERGROUNDTELCO PRO POSED ONGULARUTI TTY I I I { - HfHAA1EW/TEIGOJVNCTION 1 I J ( I COHIFERWBTREES ONSITE CONDUI•(gr SUN 40 . BOX PROPOSEDGINGULARtV4W I ROPE WITH PULL PREFABRICATED EQUIPMENT 1 �,---- `�y/-�f,'�'/' �]�) ROPE(422 L.i.) PREFABRICATED WWNEM EXISTBKS MVLOOPE S MVEROCNT Sm,.TERWIMOARKCOLOREb 1 �'�" "S`- I� SHELTER WRN DARK COLORED N PACKW70PENEOCKET 2dRICK EXTERIOR TO MATCH THE pip 28xw 2.BRICKERTEERIORTOMATCHTNE OOLOROF THE EXISTING SURdNG i I LEASE AREA COLOR OF 7HE EXISTING 9UILUBG I CWTIN NOARDONOARD EXISTING TELCOPEDISTAL i — /l'--- PROPOSED CYA'GUUR UDLtly 11 .p p tIfRAME WfTRCO JU EXIETIN07RMSFOAMERI I { I •x.r.�.7.naAAtocA aaf mea�wn ( I i nwo�Aramwe EXISTING TELCO --------1 1 1 I 1 _ PEO'STAI.�\\ EXISTING EXISTING SIDEWALK I ; i i ; \— —TR—ANTSFORMER V 28' 1 FlRURETIAOBAE II I -- I I � i ( 1 1 � b COUXATION SPACE i ) { I 1 i PROPOSEDLANDSGPING(TYP.OF4 I) I I 1 PARKBG ! I ( 1 I TREES)TO MATCH OOMFEROUS E ENG RE UNDE GROUND TELC/J i I LOT 1 BERWCE-(t)b'SON 40 CONDUIT I 2L LF.)WRH I2 PMR24AWO t { I I I I 1 COPPER SHIELDEDCABLIs Q, I I 1 I 1 1 EXISMNG; 1 ( I m j j 0 1 1 EXISTING SIDEM" r I BUILDI G I i ) 0 { L "BITING Bzs MONO mweRwr I 1 i I m I I W l PROPOSEDONGULAAANTENNAE TO ; I 1 I '� I ) « I EGSTINGSOAROONBOARO \ BE MOUNTED AT W`A.Gl. I I I '9 ) I Q i FENCED INCOMPOVND ��__--_—^ 1 ' _ IIII I � i m i i � � ( —_—.�— --_-- I I I /1 I I I i II I I UNDERG OW ( I P E IIIIIIII OReVRI IN GOiOCA7IW/SPACE OOOsERWCE.rComar(4o: L R N LN ) 4 OG GREE GR mTYPE / / I i I I I THWNORTHMWMV) lip ( I I IIII PROPOSEO(4)VV f f I 11 ) I VOROOAXFROMC IGURB ' I IIII FOR TER TO EX*TMQULAR 1 i I I IIII SHELTER TO E%15TLVG BUILOIN6 i r-----------------------------------•--------- ._ T���EXIBTN MUI.TNSMETER �----__----_ I I t BACK OPEN SOCKET I ; I ------------ ----------------------- --- , { t i COAX UP EXTERIOR OP BUILDING WAL WI COVER PAINTED TO MATCH i SUILDIM PROPOSED GBLE TRAY FOR COAXIAL { CABLE ROlRIN3 ON TOPOF FATSTwO BUILDING T OVERALL SITE PLAN .1 ENLARGED SITE oaawora.tcN I SITE#: MPLSMN1420A Xcingular ^�+°�Mx SITE PLAN �, a�iw...,�e. SITE NA&JE:RED ROCK LAKE WIRELESS _ 8Go 8Vaaa H y yp . Pork Rig. ILA~BaD88 "� M �� W m M 96waND P�'M�NA�LBL s::aif�e e:o x.01. memm aeA°RAiPWslE.+n I°""°°"`.wz+s Bw°o°MNCQN'°x 36't' awe AsaNONN DEBwAsosn Mz duwxen Ab B.m L x+s MPlSnWOA 02 0 EXHIBIT D 4pg drwgs attached 17 1: PROP06EDLANDSCAPMO(fYP.OPp PROPOSED CINOULARUMV j qq TREES)TO MATCH EXISTING sammRWNDTEl00 NFAAME PA184CO JVACTION , t—J 3 CONIFEROUS TRESS ONSIi'E SENDUAT 1)HPULL ii fQNWIT WITH PUII Box PROPOSED CIMOULAR i V-5TQB 1 ROPE(422 LFJ PROPOSED CR43MAR I 1-d420' Otl511NG ARR.n$ANO METER PREPABRICATW EQUIPMENT 1 ��-.--- PREFABRICATED EQUIPMENT RACKW/OPEN SOCKET SHELTER WITH OARKCOLORED 1 SHELTER WITH DARK COLORED T4RICK EXTERIOR TO MATCH THE 1 PRCVOSEDW.W 28RICK EXTERIOR TO MATCHTHE COLOR OF THE E1ISnNG BUILDING i ( LEASEAREA COLOR OF THE EXISTRHI BULDMO FWISTING ENCED IN CONPOUTO BXISTRI6 TSLCO PED{OTAL i /---- � pROpOSEO CRiOIB.AR UTiL M f A.WITECCO JUNCn Y ewsnNGTRANSFORA+eR� �-� 1 OH'am,I.RRRLP2LWZ BO% +- i I I nur.knaollanw —7 1 I 1 I lN1NYIO[t01LOXA BXISTING TeLCO Iweiu Xj r— -- I PEDISTAL EXISTW6 £YIBTN06KK:WALK - I + '1 TRANSFORMER j 1 I 1 1 z V 1 COLOCATWN SPACE I , I I i I PROPOS�LANDSCAP#A3MP.OF< I I I I TREES)TOI.aTCx EXISTING i I PARKING TELCO L ; 1 I I , CT7rIFERWSTREeS ON SITE SeWACE-(1R�TSCH AO DpNDU1T 1 I (22 L.F.)WRHI2PAIR=D E 1COPPER SHIELDED CABLEt i I + , , I , S 1 BUILLO c I I j I © I i EnenNGsroEWAix `p1 P.MSnN0 D2YMONOPOtE TONER ; I , I m I I w i PROPOS BCE TEDA PIG + ' i i I 1 I 1 FRVCEOINwRD ON 00•` �ARp \ -••� J I FUTURE Ofte ORDER S1 IM OPENING 1 I ( I UNDERGROUND POAER COLOCATION SPACE q FL"EPOR UNDE EM UND ( i ± , SERWCE-r COHWIT(102 qll BOORITSTODERGHT L.R.I WTR!(3)SW sAAWG ( IIII CONDUITS TO OAYUGHf R6i�nry I{II oil PNDM 4ROUNDC NDU FOR COAX PROM I A UNG it it i i , BUILDING T°EXL4TINO Nx3 J I l i —j I _ itT+�_ ; {I S RACKVW OPEN Tm NO METER 1 � i �- -------------------------- I I CO"UP EXTERIOR OF BUILDING WALL NOR PAINTED TO IMTCN BULGING. PROPOSED CABLE TRAY FOR COAXIAL 1 CABLE 0.0l11NG 0.4 TOP OF EXISTMG BUILDING T OYERAii SRE PIA21 2 ENLARGED 917E PLAN M-A OMregFRe aI,RI w���pp/� 3ffE#: MPLSMN7420A Xcingular 'a"" �' SITE PLAN Q1y r. .w%1 SITE NAME:RED ROCK LAKE 600"Nq' MignwaY i0. Nq dlDA:A � �, Oltl NNON.RtW1 + � pyN,p,.p p. P�R•*B 1 .6 0� • !6lIFA6RPRMRIE we w,R[,PoAI _TI d;.ipOUNF:O,I,q m s "' a"' x we Toc BA/ese-e+a1 . We - :-.aa BULeAsalgWN aeeKveoer. .UT IPwrarev� c,.� wnD : FTs:s MPLSMN1420A02 0 I � r r•••:;. ..... k t•�b•�j'�1'Nw.}.� t 4 Mxp`'4 f ^-S �� 74�_ ETA F�PUL'h1T SHF�TLn G�.l_L�` -�- . D-7401nND FQLJIPMENT SUMER fl FUATiDN_-X'- C, O • .-�•� e .. .ice,..�t.fs ..Y.�.S•J•: .' ti �.'•Y.�.,.... a .t'.^ `�P � ���i.. �:' �y1s 'j... 'v.ti'a `-d:Y:�'• as b� `7•S• •K'Cr`�r.N b .•�1-'•Y:�i: - •�!: r:s�;q:'•y:-:'r:,:. •. . •' '1 rn+..Jar�'�:,..' •` ..�.`.r^: a r+... 4Gp2k. �T .�, �.•i r .� /•� r• na ec a a -7401 FIB BOND P All -"Da /\ 7�TM n r^�H"rt.'ENT SC TEN FI FVA1HNd-•�• Lo�Ov' �..^.� .5�. SHELTER ELEVAiNNS ,Et MpLsMN1420a Xcinguiar vaFMUMS "+d"'"• MPLSVAN5420RO6 n Strt NPME:REDW{ROCR VufE wuw+me.w in•M?giY�-. !ClM.PM1�s•� '°awad'iJ.ii+�:�. fld •NNY KPP.' gip' .il pyaYMh K'frow�__ ELECTRICAL NOTES: GENERAL NOTES: 1.ALL CLCCTRIUL WORK SHALL CONFORM TO THE RATgINt ELECTRIC CODE(EORDN ALCEPtEO 6f lOCU,AtRrSIXCTgN)-0 APPLICABLE LOCAL CODES. 1-ALL WORK 3 W.t CONFORM TO ME HATIONA:ELECTRICAL COOS.SINE OURONO COOLS MO ME LOCAL BOIAND CODES. ALL COAIPDmDW$SHAM BE U.L.LISTED. To SITE LAYOUT2.CROURMG SHALL COMPLY WITH ARTICLE 256 O F THE NATIONAL ELCCINICAL CODE. 2 CONSTRUCTION DRAWINGS 0 N�rWAIC COWMATE ME EXACT LOCATION N-FRa4E. REFER TO pNOl0.M WIRELESS STANDARD 3.ALL ELECTRICAL OFALs SHALL BE U.I.-APPROVED OR USTEO. 3-COTIRUCTOR TO COORDINATE TOM LOCAL VRUN COMPANY FOR METER. l Pp'YER WRES AN0 CABLES SH#L BE COPPER WITH 119E%NNW.11ON.CR RMR n$IRA1gN.SoUO CONDUCTORS fOR!TO AM MD SMALLER STRANDED A-CONRACTOR TO PROWDE ARD IRSTALL UETER SMET. S-CORRACTOR 10 LOCATE uErER RACX M ENSURE WOM%INC SPACES REOULKO BY ME xEC(4T,110-26).STATE,OR FOR LARGER MAN 110 AWO.A RLNSN SIZE Jig AWO. LOCAL CODES ME VANTATNED BETWEEN FRONT OF ENCLOSURES ARD THE CNRN LARK FENCE. S.POWER WIRES AND CABLES SHALL BE INSrFUEO IN CALVANIZEO RICO STEEL CONORT OR FLEXI LE UOVONC IT CONDUCT I@ INDICATED OR OPATNXG. 6-5110W LOCA.ROT QNQU(:1AG(MEUSIpIS)or a,CAPPED UNDERoctme C0ww ON tRL%A5-BOLT VRAWRO soeulTEo ro OwNtll. G CUNtITAGNA°TO CERM,ALL PERLIDS.MY PDMT no,AND BE RESPONSIBLE FOR SCHEDULING INSPECTIONS, 2-COORDINATE EXACT LOCATION OF UNOERCROUND FEEDERS AND CIRCURNY MM ME OWNER. T.CMtKAOtoR TO OBTAIN LOCAL PATER AND TELEPHONE COMPANY APPROVAL MAT OOd10NArC WIN MIUTY COMPMES SERVICE ENTRANCE RECAMEMENT3. B CORMAC0 OE HALL E PIMATTE EF RTS TH(L CAL.ELECTRI L)p MORIFT� �RTSOCNON(ANY)MO OTHER OPERATIONAL-AL. TABOR AND WTERM DESCRIBED ON TINS DRAPING,AF.A ALL ITEMS INCIDENTAL TO COMPLETING MO PRESENO NI THIS PROJECT AS FULLY ELECTRICAL LEGEND TOTAL CONNECTED LOAD T.CONNNCTOR 10 PROUX)E GROUND WIRES.BARS AND CONNECTIONS AS SHOWN O1 6NDmDIHO RISER OMCRM.CONTRACTOR SHALL TEST AND VERIFY THAT flrf wPEDwcE 00ES HOT EXCEED S ONuS i0 fROVNO 81'MfAFA A BXTOLE-MEGCER TESTER.CROUxpNG AND OTHLTL OPEPATWNAL TESTING 51MLL BE $E SETMOE ENRMGE HAZARD LIGHT CONTROLLER 13Bo VA WIMESSED OF TT1E OWNER'S 4EPRESEgraTNE. OFp CAOUNO FAINT CTRCUR INTERRUPTER OKI RECEPTACLE BO vA EO EOUIMENi GROUND OPTO 22 MONITOR 4MO VA 10.CROUNONO CONDUCTORS SHAM BE COPPER ONLY.EIMER SOUO OR SRLMOED CONDUCTORS ARE PERWTTEO,IOC AND ALL EXTERNAL CONOUCIM MST C Cowl BE BARE.OCARPMENT GROUND LEADS IN CABLE TRAYS MUST BE GREEN IM MATED.ALL WINES MUST BE 12 MG MIRA". TOTAL TBBO VA �ws"Lif PINE/CONOUT M4P 1064N0T2(Cq.V.](TYPICAL) FOLLOW AAW MMENOADONS �ARN1A1� POST 6'8'ABNINUM .,� 1 LOCAL POWER 6-ATr MIA 3R CO~MPANY RATED PMTTEO TELCO TO PROVIDE THEATER MAD LOCATE SOONER BO%W/N1N6E0 GO6LR O (LINED W/3/4'PLYWOOD) FIELD LOCALE M I MUTER MTH MERFFCE UTILITY FRAME FUSEDLASED OSCONxCCT CIAO LOCATE CURER— a f1EL0 LOCATE Se KJ6-%17. TPASTRUi (DA•D.) lCCRT205 CR EOVIL n I TL1.00 90R TXOVN TO P TEO TO 0515 r�rR CR. o BUSS UTMFY TITANIC (w OURS '. a Y FILM LOCATE DELO LOCATE \ t=l T F MTERf�BETWEEN TTCO J CDGX !°Am— / `-UNSTF1Vi P1001(Opyv,) 4 TELCI GROUNO I 1/2-e ROC-ACIALUC SCALROW t• �J Mou"Irb ro DOSTS. i• I (FLEX)OR PVC COMA F CADWELO VISIBLE flCLD COCOTTE L r2.T 12�T6'WEATA 32 1 ABOVE GRIV1E flETD T RATED PANTED PULL DOX !2 AWO b W/SCREW DOWN COVER GRADE F T F GRADE !2 AMC J L ANMUA 3000 Mo l t MA9FUM am PSI CONCRETE \ F C•\ F `T CONCRETE \ F F R - CHOUNO ROD�.--- / I ,.I TO SHELt r2'(RRN.FRO-) _ Wf SHELTE _ Pf�NEC � .�-- GROUND PNIO"" _GTWUNO RING 2-I PC ••,•_^- 2e' PVC ro PVC li AWG *O tirRIA S[RWCE- to SHaFFR ro VrE1tY SCRL'ICE (IYPJ FRONT S1DE BACK SiDE POWER DISTRIBUTION CENTER k I K"K.w'° "tr4=1 v.eNaro"rAw eow ou.,.1°ocFFnDm1 AIM/mul SITE It MPLSMN1420A Xcingular K.;a M s";° `°v P POWER DISTRIBUTION CENTER 6 SITE NAME:RED ROCK LAKE W FIELESS 600 BVTTpaIse HTghra♦♦ ALN OKp.IAU wA1XES2 TY.'MMMWKS.u0 P ANF 1YM0FtpDTI to G11ueT w , PpTN PP.: as�/esa-6.oT yli, EDBFTPRA1me,AN SBsn I wN An-a4�..w K'ecATB':At6F1DaF bl f�o6tt Sa oRAWXF eY: Rae aIv L .FLf w1A4ra2%T0e Ae8A ARDoMNHR MPLSMN AN. 07 0 I. ALL GROUND ELECTRODE SYSTEMS(INGLDONC R.LECOMLN IIAPDN.RADIO.LOITERING PROTECTION,AND AC POWER GES•S)SMALL BE BCNDEO TWEMER BELOW CRADE, BY TWO OR MORE COPPER BONDING CONDUCIORS IN ACCOAOWCE WITH ME NEC. FT ct•TRI A INST I T)ON NOTES• ELECTRICAL INSTA11AT10N NOTES (conLk t THE SUBCONTRACI0IR sTLEI.rERFTMM VICE FAu-oF.POTTNIMt ae95rAxcl To E cD. 1.ALL ELECTRML WORD MALL at PfTEGRMEO IN ACCORDANCE THEM ME PROICCr$PECNICAigNi. 2J,FW:PMETE CAER ET5,IERWxµ OoxES,JUNCTION BOXES.AND PULt OYES SHALL BE OALVMu2ED oA TESTING(PER IEEE 1100 ARO 61)EDIT GRWxO ELECTRODE SVSrEHs.ME me- NEC AND At APPLICABLE LOCAL CODES.2• CORDON MOR TINOS ARE SCHEMATIC.SUBCONTRACTOR OR EPOW CVATEO SHEET STEEL,S AIL MEET OR EXCEED M.AD,AND RATED'a"1(OR SEVIER) COIERAC.R SHµL NRNSH AND ESTALL SEPPLEMENTR CROWD ELECTRODES AS SHAL INSTALL CNIOUITS SO THAT ACCESS to INDOM OR NEW AR(OR SETTER)DVIOOORS NEEDED TO ACHIEVE A TEST RESULT OF 5 OHMS OR Less. EMPUEM IS NOT BLOCKED, 24.BETA RECEPTACLE.SMCN.AND OENCE BOXES SMALL BE CALVAIREEO.EPOW-CO MD,Oa 3. THE UNDERGROUND Ol)NR Is VISSP.LAMON FOR PROPERLY sLINoss O CONINUI AND 2.wwwo,TICENO'AND BURK"METHODS AND MUIERULS SMALL COMPLY EM ME NE VAREuENTS NCH-CORROONP.SOUL NEST OR=EEO LA 514A AHD RE-DO 1;AND DOTED Re.I THC ROUNRA CMPI OR B—Ot 0 TO PREVENT AAV Loss OF COMMUES IN MC GROVIAINC SYSKM OR OASWE 10 IRIS COkWR R PROVIDE 1E5RNG RESULTS. OF THE NBC. (TIT BETTER)BETTER INDOORS.OR WFjd1UR PROECto)(OUCH OR BETTER)OU1000N3. e. METµ LISTED B AND IRAv S s O 0E G0,001-O 4 MADE[v1scONA:tY OOMI,MEN US J.ALL COLONS SIWA BE SECREOATLO AND veMNN NNWM CABLE SEPARATION AS RfOURED BY 25.NOMD NELK I(OR BEIVE)PRO $, OLNEE BETS tRUU,MEET OR ESQED ROUT OS 2:AND M LISTED BOUGHT ERTIUCS OR 0Y RORNNC NPE ME DISCI N", RIM ME N£C. RATED NEMA 1(OR GAINER)m00O5,OR WEATHER PADTLGi[D(OUCH DR SERER)OUTDOORS. IS AWO COPPER V)UC IA APPROKD GROUNDING M1PC Odv'aJn c1AMPS. 4,CABLES SMALL MDT Be ROUIEO THRO NCH LADDER-SLIT[CABLE TRW RMNGS. 26,ME SUSCONIRACTOR SHALL NOON ANO oat—xECISEARY AUIMORCATO FNOM THE CCIIMACEOX 5. METAL RACEWAY SHALL NOT BE LSOU AS WE NEC REOMPED EOUPMEAIT GROUND efftlpE COMMENCING Wont ON DC AC POKER D5Eg9MapN PANELS. cONDVCEDT, SIRANDED COPPER COMARTORS RIM GREEN LN;wA:ION.We.MT 5•EACH END OF EYSTA POWER.POWER PRIVIES CONDUCTOR(LE..MOTS).GWUNDIwt,AND tt DON RGVCR AC CUVTS to IWM ERE AEC SHALL BE WNSRE0 AND INSTALLED WOt THE POWER ,,ND CABLE BI+ALt BE TOUSLED WITH,COLOR-COOED ITURLAION OR ELECPI TAPE (JAL STAND,1/2' 21.ME SUBCONTRACTOR SIAALL PROADE-ECtISMYD TAGCRIG ON ME BRIANERS•CABLES AND CACwTS i0 HIS ECOMMENT- PLASRC ELCCrNcNL TARE MM W PROKCROtI.OR ECLML).ME DENRFKARCN METHOD SMALL CONFORM OSTMPRIGH PANETS IN AOxODMICE Mm Mt APPLICASC CODES AND STANDARDS TO$ATEGUARO 6. EACH TITS CABINET FRANC BULL RA ORCCR COHNECKO TO IIE MASBCR CROWD BAN WOO NEC k OSU AGAINST TO`[ANTI PROPERTY. WON CAREER MISU"IED sumc.0,11µ CDUIPNExT cROORO WULs,B ART SIRANOEO COPPER OR LANCER FOR.000R 815;2-AG SITIMCCO WPPER FOR ORDOAY CIS. S.ALL ELECRI CAL C'NwoNENTS SHALL at CLEARLY LIHELfo NTH PLASTIC CAPE PER COLOR SCFIEWLE. ALL E1IwPMENr SHALL 0E LABELED MI.THEIR VOLTAGE My".PIRATE CGION2UMTION,TOE T. CO ECRW9 10 TIE CROWD SUS SI'gt W-1 OE OWBREO UP OR StA tl).OACX CONf1GURADON.POWER OS AWA.CRY NANO.AND ORANCII CRICUR 1D RWOSAS(LE-PNLEItDARO , DETAIL TO OLCK CONNECTIONS ON OPPOSITE SIDES OF THE CROWD BUS Mt PERMITTED, AND ORCU,vs). ALL EXTERCRI ILL B GROUND RmG,SNNLDBe 02 tONOLICIDITS SOLO PNNEND COPPEREUUNNLESS OTHERWISE;NCNAKO. UND BASS AND ME ).PARTELS"M LABS(O WITHMUNSCES)AND NEERwtt CLRLXRI BREAKERS(CIRCUIT D NUMBERS)SHALL Be CLEARLY LABELED NM PLAg11E UBCLS. 9- µO MUM CONDUCTOR TIR COPPER CLUB,SICCL CONDUCTOR BIILLI 1HT DE USED OLN S. A ALL VIE DROPS SHALL BE CUT FLUSH TWNT WPRDVEO CUTTING IBM TO REMOVE SHARP CODES. US, I qG VVERE,IN M t0.USE M 9O SEWS M TIR PROECWM TR:XmdW CMROIKEORg S+1ALC BE AVOOEO 9.POWER.COtiN01.AND WwpuEM CR01WD tORND O RNNC OR CONDOR SIWL BE SINGLE WIEN 45'BOOS CAR BE ADEOVAtLLY SUPPOIEEA CONDUCTOR(BIT ARC OR LARGER).600 Y.M NESTSIANT ERVIN OR ENTIM-2.CLASS B STRANDED COPPER CABLE RATED EDIT 90'C(WET AID OK)OPERARWI L151EO a LABELED FOR LYE If.[YOMERMK WELDS SPALi USED MIT ALL GROUND—CONNECTIONS BFLCN ORADf. O - I LOCATION AND RACEWAY SYSTEM USED UNLESS OMERRGE SPECEIED 12.ALL GROUND CORRECTIONS ADOvc ORADC IN"Carm B CKrERNM)EaHNL SE FORMED USING HIGH PRESS CARIES. 10,SUANEMENEAL EQUIPMENT GROUND INVING LOCATED INDOORS SHALL BE SINGLE CONDUCTOR(16 AMID OR LWAR).BUD V.OIL RESSIANT MM OR TEN-2 GREEN INSULATION,C4SS B STRANDED IOC LGMPRESSIW CROWD CONNECTIONS MAT BE RCP CO SY EXOTNE'RIPC WOLF COPPER CAKE MKO FOR 96'C(WET AND DRY)OPERATOR;LISTED OR LABELED MR ME - co-MECTID"s LOLv.RON AND RAttRAY SYSTEM USED.UNLESS OTHERWISE SPECPkO. 11.K[BRIDGE 80NBIHG CONDUCTORS SHALL Be ExOHERUKItI 60AIOE0 OR BQUtEO t0 11.POWER AND CCNFNOt waNG,NOT IN TIRNNG OR COMDUt.SHALL HE MOLW-cONOUCTCR.M1PE TC ME STDCE AND THE TpRER GROUND SOL CAKE()14 AN;OR URCER),6W V.OL RESWAMT ROM OR TWN-2,CLASS B STRANDED IS.APPROVED ANROKOAIT CcMNCS{r.E..coNDL'CEME Get OR PASTE)SHALL BE USED COPPER CAKE RATED)OUR TO'C(WTI AND DIM OPERATION;»91H WKR JACKET;LISTED OR W ALL COMPRESSION AND SOLVED GROUND CONNECTIONS. LABELED FOR THE LOCATION USED.UNLESS OMERNSE SPECKED. +6.Kt fXhR[OR GROUND CIxM[CTKPfS$HALL BE COA'f0 TTH A CORROSION R(SBTANT li.ALL POWER AND,GROUNDING cONT'EOlOLS S L at DAABP. LE,COMPRESSION WIRE LUGS ANC, VMCABN_ NREA VS B<TIOVAR AND BETS(OR EOIAAL). LUGS AND VANENUIS SNALL Be RATIO FOR OPERATION AT NO LESS THAN TS'C(BOG N AVAILABLE). 12.MISCELLANEOUS D.BE Sour,e,t MAN o_jM CA:METµ QQX6.iRAMES AHD SUPPORTS SHALL BE BONOFp TO ME GRD11RN0 RRO.IN ACWROAKCE/WIN THE xLC. 13.RACEWAY AND LIKE MY$RAW BE LISTED OR LA FOR EIECTRCA.USE Of ACCORDANCE Ia.BOND ALL MEEALLIC OBAECTS MMIN B n OF MAIN GROUND TINES WITH 1-42 AIM WITH MELIN UL ARM/UXE,AND NEC. MR-PIABUI COPI'm GROUND CGNDOCiW. LA.ELCCODCAL MCEMLC EUBNG(EMT)ON RK50 WWErALLC CONDUIT(I.E..RIIC PYG SCHEDULE W. Ia.GROUND CONCICEd"USED IN ME rntov CROW AND LCHENNOC PROIEcl,on OR mcD I NG SCMEGAE BO FOR LOCAt10N9 VAR IECI 10 PRYSICA.DAUGf)SHRILL SE USED FOR SYSTENS SHALL NOT M ROUTED,"OWN NETAIIC OBAECTS THAT PORN A RING AROUIO EXPOSED mD/Ort LOCAICNS nF CONDUCTOR.SUCH AS METALLIC WNOUWS.METAL SUPPORT CUPS OR TI E— iiIROIGH WM 1S OFT ELICIT. WHEN IT TS REOUREO TO BE HOUSED M CONDUIT TO ME" COIF RECwRFAtENTS OR LOOM.CONDITIONS.ADN-METµUC MAMAM.SUCH AS PVC ,a.ExOcNvI 1 METALLIC'um"(EMU,EtECNRCM.NWMETALA NUWG(ERA).OR RCIO NAMIETALAIC PLASTIC CONDUIT SNAL BE USES. PERE USE DF NEEµ COM ART K UAMCDMA(GC.. GGIDUT(BIOS M.SCHEDULE MO)SMALL BE USED MR CONCEALED INDOOR T.00A1KKiS. NON-MEVAWC CONDUIT PROHIBITED HY LOCAL CODE)TIE CROWD CONCRIMA SHALL BE WROEO TO EACH ENO G WE MIAL CANDOR. 16.GWLNOVIZED STEEL INTERMEOXK METALLIC CANDOR IOC)$NAL.t BE usEO TOR cum"Loc RoVIs AODVE GRACE. TV.RIGID WoRUvPLIIC GDRUwt(Le..BOU PVC SCHEDULE AO OR SOLO PVC sewmAe sO SMALL.BE MED UNDEIGRWNO;DIRECT BURNED.N AREAS OF DLDCkW)NAL UGIT VERM MAFC OR EHCA$ED z DETAIL IN 6EWIMIKE0 coNCIRCTE IN AREAS OF NAVY VEHCLE ERAFFK. 70 It UOUD-TOME FLEIIpLE METALLIC CONDUT(LIGUD-TOE FLEX)"CC at USED INCom AND OUTDOORS,NITRITE URATON OCCURSS OR FLEKBRITY BE NEEDED, It CONDUIT AND TUBING FHTNGS SAL,BE fH0b0ED OR COMMIRV.SO4-TYPE AIO APPROVEO FOR iM LOCATION USED. SETSCREW III EU,Y ME NOT ACCEPTABLIE 20,CABINETS,CAGES.AND W1RONAYS%UAL BE U$fED OR LABELED FOR CLECTRC'AL 115E IN ACCORDANCE RUH NEM4 UL.ANSI/SEE,ANTI IICC. 21.NPREWAYS SIULL BE EPOri-CMrEO(CMT)AND mCDWX A NINGEO CONFR OESN RIW TO SWING OPEN OONAYMD;SHALL BE RANDOM me E(OR EOfVUt AND RATED REAM I(OR SETfeR) AN. xe i SITE#: MPLSMN142 CIA cingular K'"W:"'m'I",i ELECTRICAL NOTES �j, e�ENRw.w,►«:eMT.L+'o. SITE NAME;RED ROCK LAKE mg �00 RV BVXA OM M1 0.BnW�Wyy AaaM ImwnrPArAw a TAx A e wA 7G-]Ipy 0.5 ip EWLxAI nVRLTy NMIgHRRRJ,LtG TXxtrvWL• OAouAfAHM�ER Ary Far:BBA7/698 BMOf Tmol< EOIMFO EDPF wP MAAxtT.mn IAr.sy. )nxWeroN.YN s6uA "' L usHtavi oESIKINEo6r: uE auvWL er~ �As OMt 2 + MPLSMN1420A 1Q 0 I I� cGNf._c+:o.To ---120/2AOV,R"I DY CONIRALTGR� UTii fTY SERVILE INSTALL GROUND ROD ® 204A KIER BASE VY 200A PER ipLAL UTILITY BREAKER/SERVICE DISCONNECT. CG REOUI4ENENTS MOUNTED ON N—AME BY CONtRACTOR ----3-1/C 93/0 WITH Da AVG ' GREEN INSULATED G.q%WO �N CONDUCTOR TYPE INVN 2oDn �I� 600V W Z.CONDWT MPP CO ITH SH of <SIAPLiED VITN SILLfER> I� �1 GENERA SOCKET fBY PILLYER NER) OUTSIDE SILLIER — C —InSICE— .; ' �� TO GENERATOR ttW I. DREADER PANEL IEIRCUItSi r_ZCDA DIS RI0.YfION O)PANEL L_J i L---------� ONE-LINE DIAGRAM 11 SCALE, SITE OP. MPLSMN1420A Xcingular .� �:a° ; d"°°' SINGLE LINE GRAM SITE NAME:RED ROCK LAKE ��� AND DETAILS PoA RtdyTy e.0.�r000D tRw ON4A/A ViDf1155,KNROIWIKAI LLC — TAl eq )A ��, e1wRR �;u aii sa aaol a EoeN650PER eRAMNneaar Aft,"I SM�s.:e�04ae°°.�tw'w».» wsexe AssNaw oea DB oPww er. �.e G.T: s5�RB w— MPLNI OA19 AO EXHIBIT E CONDITIONS PRECEDENT 1. All permits from all local or federal land use jurisdictions for the intended use. 2. All local airspace authorities and FAA determination of no hazard to airspace. 3. FCC authorization to utilize this location for the intended use. 4. Grantee's technical reports must establish to its exclusive satisfaction that the Property is capable of being suitably engineered to accomplish Grantee's intended use of the Property. 5. Grantee's technical reports must establish to the Grantor's exclusive satisfaction that the installation will not interfere with other communication devices and systems presently in place. 18 EXHIBIT F ANTENNA SITE INSURANCE REQUIREMENTS Grantee shall obtain and carry liability insurance which shall be written for not less than the following limits for any one person or occurrence with such insurance naming Grantor as additional insured: Bodily Injury: $2,000,000 /Each Person $2,000,000 /Each Occurrence Property Damage $2,000,000 /Each Occurrence Such insurance shall be maintained at all times during the term of this Agreement and shall be evidence by certificate of insurance to be filed by Grantee with Grantor prior to using the demised Premises or Property. 19 EXHIBIT G MEMORANDUM OF AGREEMENT THIS MEMORANDUM evidences that an Agreement was made and is hereby entered into by written Agreement effective the day of , 2006, between the City of Eden Prairie ("Grantor") whose address is as set forth below and New Cingular Wireless PCS, LLC, a Delaware limited liability company, ("Grantee"), whose address is set forth below,the terms and conditions of which are incorporated herein by reference. Such Agreement provides, in part,that Grantor, for valuable consideration,will grant to Grantee use of a part of that certain property owned by Grantor and described in Exhibit A attached hereto and incorporated herein for a term of five (5) years commencing on , 2006, which term is subject to three (3) additional five (5) year option terms. IN WITNESS WHERE-FOR, the parties have executed this Memorandum of Agreement on the date first above written. GRANTOR: GRANTEE: City of Eden Prairie New Cingular Wireless PCS,LLC 8080 Mitchell Road 6100 Atlantic Boulevard Eden Prairie,MN 55344 Norcross, GA 30071 By By Its Mayor Its Real Estate/Construction Manager By BY Its City Manager Its Subscribed and sworn to before me Subscribed and sworn to before me this day of ,2006. this day of .2006. Signature of Notary Signature of Notary Notary Public of Hennepin County Notary Public of County My Commission expires My Commission expires CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILL. Office of City Manager Resolution Canvassing the November 7 MunicipaI City Clerk Election Results Requested Action Adopt Resolution canvassing the results of the municipal election held on November 7, 2006. Synopsis Minnesota Election Law 205.185, subd. 3 requires that within seven days after a municipal election, the governing body of a city shall act as the canvassing board, canvass the returns, and declare the results of the election. Attachment Resolution Election Results(To be hand-carried on November 14) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2006- A RESOLUTION CANVASSING THE RESULTS OF THE NOVEMBER 7, 2006 MUNICIPAL ELECTION WHEREAS, Minnesota Election Law 205.185, subd. 3 require that within seven days after a municipal election, the governing body of a city shall act as the canvassing board, canvass the returns, and declare the results of the election. WHEREAS, the Eden Prairie City Council has ascertained and determined the result of November 7, 2006 General Election as follows: CITY OFFICES Mayor Votes Ron Case 11,196 Phil Young 12,696 Council Member Jon Duckstad 8831 Nina Mackay 6089 Kathy Nelson 7475 Larry Piumbroeck 3072 Gary Stevens 7407 Jeff Strate 4783 ADOPTED by the Eden Prairie City Council on this 14th day of November 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE General-November 7,2006 I i ----- - . -- iF1 - -- — - -- - —- CITY OFFICES-MAYOR Ron Case 487 1 660 11 441 466 673 614 420 314_ 635 835 377 792 525 721 T 542 _ -�- -- - -I - - _ Phil Young624 695 ' 473 577 764 766 546 359 790 956 355 784 600 827 550 648 560 869 816 12696 �_-869 560 785 816 12696 Overvotes 0 0 2 0 0 0 0 0 0 1 0 0 0 1 0 3 1 2 2 63 t- Waste-Ins 2 3 1 1 1 6 3 3 4 11 4 4 2 3 7 ---- -- 1 1 0 0 6 Undervotes 164 150_ 92 111 135 146 1 145 163 172 ]02 201 308 147 162 l74 189 131 119 188 2999 COUNCIL MEMBER 324 441 293 ' 319 464 433 368 213 444 616 178 504 310 489 306 468 291 468 478 7407 -- - - GaryStevens -- - —-- -- - - Jon Duckstad 383 541 1_285 393 589 455 363 228 568 743 189 464 381 630 330 582 387 695 625 8831 Jeff Strate_ 234 304 330 316 277 311 193 138 216 390 106 322 196 250 248- ' 243 163 311 235 4783 Larry Pmmbroeck 310 180 127 124 221 154 78 1 66 123 218 91 191 152 191 159, 173 140 207 167 3072 ---- ------ T Kathy 1- Nelson ' 309 428 261 338 397 � 407 313 256 408 475�330 638 T 395 436 388 512 311 441 432 ! 7475 - 10 6 5 9 17 4 - i 22 j 10 15 _ 11 406 256 ! 45 38- 6089 ---- -- - -- ---- Nina Mackay50 334 188 228 348 355 254 162 505 402 LL 262 435 ` 288 369 256 7 5 15 8 189 _ Y _ _ _ --- - --T 0 4 2 2 2 2 0 2 0 56 Waste-Ins 10 1 7 10 4 14 Overvotes 0 8 4 2 4 14 2 2 2 4 _- � � � 974 '� 1047 1601_8 1027 853 r Undervotes 734 773 520 586 832 925 651 608 927 945 I 714 1196 814 1046 846! - 1534, _-_ 1720, 2347 1596 2421 2286 37439 REGISTERED AT 7 A.M. 1667-- 1937 1328'i 2162 2170 1567 1201 2274 2542 1814 2608 1933' 2332', 1_ _ _ _ - - 225' 144 122 187 293 3544 - -- -22234i2918 21 32 2581021 2491 1718 2608 I 2579 j 40983 REGISTERING ELECTION DAY l02 114 112 198 139 172 143 131; 167 186' TOTAL- _ _ J 1 i -- 20511 - _1710 13321 2441�, 2728' _ �1945 REGISTERED 1769, 1440' 2301 2342 1416'1398' 930, _ -- I Ili 4 1080 1574 I 1539 24554 VOTED AT PRECINCT � 1202�� ]064 14701 � ]0321 764�� 1466 1673 889 1619'�, 1185 1562 ---- --T - 167 117 202 137 2410 TOTAL VOTED -12771' -- + --- — ----1509 1009 -1159 1 75 3 15321 1115 89 152 1709 1197 1776 1676 26963 135 231 -- - �---. VOTED ABSENTEE - 75 I _l l 1 79 95 ]03 116 83� 840 1601 1904'I 94� 18881 1274- 1714 12731 1i TOTAL PERCENTAGE VOTED 0.721 0.74; 0.70� 0.671 0.68 0.65 0.651 0.63', 0.661 0.701 0.421 0.65, 0.60�; 0.681 0.651 0.69 0.70 0.68 0.65 0.66 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.M. Paul Sticha, Office of the City Award contract for Food Service to Manager, Facilities Corporate Cafes/Sky Food Catering Requested Action Move to: Award contract to Corporate Cafes/Sky Food Catering for the Food Service and Catering in the Garden Room at City Hall. Synopsis This is not a"low bid contract"but rather a"performance contract". Background Information • The service responsiveness and quality of food provided by our current contractor, Taher Business Dining, has deteriorated rapidly over the last six months. Working with Taher to correct the issues has not been successful. • Proposals were presented by The Birchwood Cafd and Catering and by Corporate Cafes/Sky Food Catering. • References for both were checked and our small committee visited several dining facilities that they operate. • Both would be viable services for the Garden Room, but the committee's perception is that Sky Food Catering is much more interested in using our kitchen and will be much more creative in marketing our facility. • We will continue to recover our costs through the Facility Fee that we charge all outside customers who use the Garden Room for their events. Attachment • Contract FOOD SERVICE AGREEMENT , <M . THIS AGREEMENT is made as of this 31 st day of October, 2006, by and between Sky Food Catering, inc., ("Contractor"), a Minnesota corporation with its principal office located at 1408 Northland Drive, Suite 204, Mendota Heights, MN 55120, and City of Eden Prairie, ("City") with its principal office located at DFC 952 949 B300 8080 Mitchell Road, Eden Prairie, Minnesota 55433. FAX 952 349 8390 TDO 952 949 8399 8080 Mitchell Rd RECITALS: Eden Prairie,MN 55344-44B5 A. City is the owner of a building known as the City Center edenprdirieprg ("Building") and land located at 8080 Mitchell Road, Eden Prairie, Minnesota. The Building contains a Cafeteria described in Exhibit 1 attached hereto, consisting of Kitchen Area, Food Service Area, Private Dining Room, Training Room, Garden Room and Patio ("Cafeteria"). B. The Cafeteria contains equipment and fixtures owned by City set forth in Exhibit 2 attached hereto ("City Food Service Equipment") and equipment owned by Contractor set forth in Exhibit 3, attached hereto ("Contractor Equipment"). C. City desires to engage Contractor to operate the Cafeteria in order provide catering services for City functions and activities, tenant functions and activities, breakfast and lunch on weekdays and City Center Customer rentals. D. Contractor desires to operate the Cafeteria in order to provide catering and related foods services. WITNESSETH: In consideration of the mutual promises of each to the other, City hereby authorizes Contractor, and Contractor here agrees, to provide catering services at the Building upon the following terms and conditions: 1 . Effective Date and Term of Agreement This Agreement shall become effective as of January 1 , 2007, and shall continue through December 31 , 2009, except that this Agreement may be terminated as provided herein. The agreement automatically renews for continuous three year terms, with no action from either party required. At the end of each three year term, the financial arrangement will be reviewed and revised to provide a possible profit sharing provision, such as a possible 5% commission. 2. Services to be Provided by and Obligations of Contractor. Contractor shall provide the following services and perform, and conform to, the following obligations: a. Operate the Cafeteria to provide breakfast from 8:00 a.m. to 10:00 a.m. and lunch from 11 :00 a.m. to 1 :00 p.m. on weekdays excluding holidays, provide vending services in. approximately six City owned buildings and to provide catering services for City functions and activities, tenant functions and activities and City Center customer rentals. b. Prices for catering services, vending, breakfasts and lunches shall be competitive with prices offered by other area restaurants and caterers providing similar food and facilities. C. Operate, keep and maintain the Kitchen Area, Dish Washing Room and Food Service Area, together with all equipment, furniture and fixtures therein in a first class, clean and sanitary manner, and in compliance with all Federal, State and City laws, rules and regulations relating to sanitation, health, preparation and serving of food and food products, and its employees including, but not limited to, the Occupational Safety and Health Act of 1970, as amended, wages, hours of employment and withholding of taxes. d. Clean and maintain the Garden Room, Private Dining Room, . 9 and TrainingRoom, as well as all common areas of the Building, including the Garden Room entry, r estrooms near the Garden e Room atrium and the atrium elevator, patio and grounds, after use by 2 individuals and groups who use the Garden Room, Private Dining Room or Training Room. See Exhibit 4 for a contractor hire the building mmary of cleaning responsibilities. It is suggested that the cont janitorial service for these responsibilities. e. Abide by all rules and regulations fixed and set by City relating to the receipt and delivery of goods, supplies a nd catered foods and beverages and the use of the Garden Room, Private iv Building and Room, other areas of the Cafeteria, the Patio and surrounding land on which the Building is situated. f. At its sole cost and expense obtain all government licenses and permits required for the operations and services to be provided by it. g. Repair or replace in a condition comparable to that existing January 1 , 2007 the Cafeteria and the City food service equipment in the event of damage or destruction thereof caused cust mers or invitees act or negligence of Contractor, its employees, agents, within a reasonable time after such damage or destruction and in any case not more than 30 days after such occurrence. ' h, Refrain from leaving garbage or and otheral foropr pe n the loading docks and in the compacting system grease disposal. i. Obtain and pay for all food, beverages, candies, and consumable supplies and material of every kid and Cate employ ring all l ionr and management ndralsonel necessary for breakfast andr thelunch service. vending operation a I• Obtain and pay for all operating supplies and linens, laundry and uniforms, and miscellaneous costs required in the catering operation and breakfast and lunch service. k. Abide by the City's Rental Fee Schedule a(Exhibit 5) fo ining the permitted use of the Garden Room, Training Room Room by tenants, individuals and groups. Contractor will have the opportunity annually to review and submit recommendations for rental 3 rates for non-resident's use for City consideration in establishing room rental rates. It is understood that the City may use the Garden Room, Training Room and Private Dining Room without the payment of any rental fee to Contractor. 1. Provide to the City, by the 15Eh of each month, a 60-day schedule (Exhibit 6) for catered events (a) within the Building and (b) outside the Building with respect to which food or any part thereof will be prepared in the Cafeteria. M. Provide to the City, by the 15" of each month, monthly listings of all advanced bookings (events scheduled out beyond 60 days) for the City Center facilities. 3. Citv's Obligations. City will do or provide to Contractor the following: 9 a. Provide the City food service equipment. b. Provide utilities including heating, cooling, lighting, electricity, and gas energy, hot and cold water and pest extermination reasonably necessary for food service operations. The obligation to provide heating and cooling shall be limited to that necessary to support normal daily operations. Additional heating, cooling, lighting, etc. for events may be charged back to the Contractor. C. Exc ept t as p to damage or destruction caused by the willful act or negligence of , its employees, agents, customers or invitees, repair or replace, in a condition comparable to that existing on January 1 , immediately preceding the damage or destruction of, the Cafeteria or the City food service equipment damaged or destroyed, but only if Contractor shall have first given notice to City of the need to repair or replace. In no event is Contractor authorized to make or cause any repair or replacement without the written consent of City. If Contractor does so without such written consent, City shall not be obligated to reimburse Contractor for the cost thereof. 4 ICI d. Provide general cleaning services in the Garden Room and adjacent common areas, Monday through Friday. Maintain and clean walls, ceilings, windows, lights, exhaust fans and floors, except maintaining and cleaning to be performed by Contractor pursuant to Sections 2(c) and 2(d) hereof. e. Provide office space, local telephone service with two phones, desks and chairs, as may be reasonably required at the location for Contractor food services personnel. The City will provide for two designated parking spaces for Contractor vehicles. 4. Exclusive Rights and Catering. a. Contractor shall, during the term of this Agreement, have the exclusive right to sell food and beverages within the Garden Room, Training Room, and Private Dining Room. b. Contractor, during the term of this Agreement, will have exclusive rights to the kitchen for catering purposes, 24 hours a day. Contractor will have exclusive rights to the use of the Garden Room, Training Room and Private Dining Room for catered events from 5:00 P.M. to 11 :00 p.m., Monday through Thursday, 5:00 p.m. to midnight Friday, and 9:00 a.m. to midnight, Saturday, Sunday and City- observed holidays. Access to loading dock will be provided as needed. C. Notwithstanding any other provision of this Agreement, City reserves the right to use and permit persons and groups of persons to use the Garden Room, Private Dining Room, and Training Room, provided the space is not already reserved, and may use any cater of their choosing. Any rental fees charged for such use shall be retained by City. Contractor may cater food and refreshments to persons and groups of persons to whom City may permit the use of parts of the Building including, but not limited to, the Garden Room, Training Room and the Private Dining Room. d. Contractor may enter into individual catering agreements with tenants of the Building, so long as they do not exceed the expiration date of this contract. 5 5. Monthly Accounting and Payment a. Contractor shall prepare and submit to City, by the 15th of the month, an Operations Statement for the preceding month. b. Gross receipts shall include all cash and charge sales, resulting from the daily cash sales, vending and the catering of food and beverages. Gross receipts shall be reported on each monthly statement exclusive of any and all applicable sales taxes. C. Net profit will be determined by taking gross receipts from dining, vending, carry ins, catering and events, less legitimate expenses, less a reasonable management fee and will be exclusive of any and all applicable sales taxes. d. For the first three year term of the contract, no commission or fee will be paid by contractor to the City for the use of the facility. The City will require a facility fee to by paid by all users of the facility, paid directly to the City, in order to recover the cost of utilities, maintenance and capital investment in the facility. This facility fee will be required as the deposit to reserve the facility through the contractor. Facility fees are approved each year by the Eden Prairie City Council and the current fees are outlined in Exhibit 5 of the agreement. e. Additionally, if alcohol is served at an event, the city will require the user to pay the cost of an off duty Eden Prairie police officer and this fee will also be paid directly to the City by the user of the facility. f. For the first three year term of the agreement, Sky Food Catering will operate the dining cafeteria, vending and catering operations on a profit and loss basis with no requirement of subsidy from the City. 6. Insurance. Contractor shall provide the following insurance: 6 a. General Liability Aggregate $ 2,000,000 Products and/or Completed Operations Aggregate $ 2,000,000 Personal Injury $ 1 ,000,000 Each Occurrence $ 1,000,000 b. Umbrella Liability $1 ,000,000 C. Worker's Compensation Statutory d. Comprehensive Loss insuring loss and damage of and to the Contractor equipment in an amount at least equal to the reasonable value of the Contractor equipment. e. Liquor Liability All policies of insurance shall contain a waiver of the insurer's rights of subrogation against the City, and shall require thirty (30) day written notice to City prior to cancellation. Contractor shall provide certificates of coverage to City. 7. Indemnification. Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorneys fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 7 8. Liquor. Contractor represents that it holds a caterer's permit issued by the Commissioner of Public Safety pursuant to Minn. Stat. § 340A.404, Subd. 12. Contractor shall be entitled to sell on-sale intoxicating liquor at catered events as permitted by and subject to the conditions of Subd. 12. Otherwise, contractor will purchase and pay for a liquor license from the City. Any time liquor is served at an event, Contractor will hire and pay for an off-duty Eden Prairie Police Officer to be on site for the entire event. 9. Termination. Either party may terminate this Agreement at any time by giving notice of its intention to do so, to the other, as provided herein, at least sixty (60) days prior to the intended date of termination. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires.to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. Immediately- prior to termination of this Agreement, Contractor shall have restored, cleaned and maintained the Cafeteria and the City food service equipment in a manner and condition in which it existed on the date hereof, reasonable wear and tear excepted. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, including, but not limited to, those described in Section 7 of this Agreement (prior liability), the rights and obligations of each party resulting from this 8 such Agreement shall cease upontermination. Any prior {lability of areement. party shall survive termination of this Ag reement, any catering events booked and Upon termination of this A9 ecific use of the Garden any related obligations thereof that require s Room, will become the Room, Training Room and Private Diningwill be responsible to help Ro Contractor deposits, .t of the City. he City any ' tli t sib to on Y it es m r pents to and sub transition those collected for those events, if any. fees or monies t . 10. N o �.____lce5 be given by any party upon the Any notice required or permitted to given in accordance with this Agreement iff Ily is Ito the CEO of other is g delivering it Per if it is directed to Contractor. by it is directed to City, by delivering it Sky Food Catering, Inc.; or, o the Facilities Manager, or, if mailed return receipt requested, d wrapper personally t ailed by United States registered or certified mail, , c followed by or if transmitted by facsimile, copy postage prepaid; aid with a nationally notice as above required; ori courier,ete property addressed as follows: recognized, reputable overnight if to City: Paul Sticha, Facilities Manager City. of Eden Prairie 8080 Mitch ell ll Road Eden Prairie, MN 55344 If to Contractor: Asad Gharwal, Founder and CEO Sky Food Catering, I 1408 Northland Drive, Suite 204 Mendota Heights, MN 55120 of the date of receipt Notices shall be deemed effective on the earlier that if notice is provided, howe notice by the other or the date p deposit as aforesaid; P response to any given by deposit, that the time for business after any such deposit. partyshall commence to run one business day mathe y giving Any party Y change its address for the services any manner above written notice of such change tffective date of such change. specified, 10 days prior to the e 9 I 11 . Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. 12. Assignment. Contractor shall not assign this Agreement, or engage a subcontractor for its performance, in whole or in part, without the prior written consent of City, except that Contractor, without prior approval and without exoneration of any responsibilities, may assign this Agreement to a wholly-owned subsidiary. 13. Data Practices Act. Contractor 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 Contractor, 14. Audits. The books, records, documents, and accounting procedures and practices of the Contractor or other 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 contract. 15. Worker's Compensation Contractor 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. 1 176.181 , subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation 10 insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. 16. Discrimination. In performance of this contract Contractor 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 Contractor, any subcontractor of the Contractor, or any applicant for employment. Contractor shall include a similar provision in all contracts with subcontractors to this contract. Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. 1 363.01 , et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or 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. 18. General Agreements of Contractor and City. a. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1 ) year thereafter, without prior written consent of the former employer in each case. b. Neither party shall be liable for any breach of the Agreement caused b fires floods, or y , ods, wars, riots, strikes, or other events acts beyond the control of the party or parties affected thereby. C. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, 11 attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. d. Contractor's books and records pertaining to its gross catering sales and net profits shall be available during normal business hours for audit by City at City's expense at Contractor's principal offices for a period of one (1) year from and after the monthly period to which such books and records relate. e. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. f. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etcJ immediately upon entering the building, and will sign in and out if required by City. g. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. h. Contractor's personnel must be neat appearing and wear a uniform and badge that clearly identifies them as a service contractor and abide by City's no smoking policies. i. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. j. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards or other situation that result in rekeying a space or other cost to the City will be billed back to the Contractor. 12 19. Agreement Supersedes Other Agreements This Agreement supersedes and supplants all previous agreements and understandings, whether oral or written, between the parties. CITY OF EDEN PRAIRIE Date: By: Nancy Tyra-Lukens Its: Mayor Date: By: Scott Neal Its: City Manager SKY FOOD CATERING, INC. Date: By: Asad Gharwal Its: Founder and CEO 13 EXHIBIT 1 CITY CENTER CAFETERIA PRIVATE DINING ROOM / GARDEN ROOM "- -%-'%/ = /; /TRAINING ROOM FOOD SERVICE AREA f•f/ \ / n a Exhibit 2 T Eden Prairie City Center Garden Room Inventory Novemb er 14, 2000 axz•-fir t .itac..�. ?•u:.�"� � '' .e. ge can rack 17 8-section ware shelving 1 Tonkal2 foot x 14 foot walk-in cooler 1 Tonka 10 foot x I O foot walk-in freezer 1 4-foot stainless steel work table 1 Stainless steel work table w/sink 1 8-1001 work table 1 Scotsman ice machine I 3-compartment stainless steel sink 1 2-door refrigerator—Hobart 1 13-foot stainless steel hood 1 6-foot stainless steel table w/pot rack I 20 cart mixer—Hobart art 1 10-foot work table w/sink 10-foot stainless steel overshelf RII Crescor proof cabinet Hobart slicer 1612 Serv-o-lift 4-well steam table I Serv-o-lift 8-foot cold table 1 Serv-o-lift beverage/cashier counter 1 Remcor ice water dispensers 1 9-foot cold table l 24-inch carving table with drawer 2 Tray caddies 1 Hobart dishwasher CRS86 1 Hatco booster heater 1 Stainless steel insmkerator 300 1 Stainless steel M-sinkerator I25 1 Hose reel Dishroom; hanging from ceiling 1 Mobile food war mer 1 12 Water Pitchers 65 Coffee cups 50 Water glasses 200 Forks 200' Knives 200 Spoons 100 Bouillon Spoons 20 Coffee pitchers 60 Soup spoon, large 175 #1 plates 205 #2 plates 204 Dinner plates 30 Sandy plates, large 50 Sandy plates, small Misc. Banquet glassware,plates, cups, etc. 45 Soup cups 7 Sheet pans 1 Vulcan stove 2 Montaque ovens 1 File cabinet 2 Desk 2 Telephones 40 60"round tables 294 Stackable banquet chairs 9 Exhibit 3 Equipment, Smallware Locatea ai EPCC- Garden Room 1/15/OI 2 Espresso coffee machines I Coffee grinder(Rancillo) 1 6 ft. buffet table with upper shelf(portable bar type) 1 Pretzel warmer box I Pizza hot box 1 Coke cooler 2 door refrig(Coca Cola owned) 1 Pepsi cooler 1 door refrig(Pepsi owned) 2 Tropicana I door refrig erators 1 Ice cream novelty freezer 1 Crystal Light(small)2 door display beverage cooler 2 Green iron baker's racks I Coca Cola Neon light gh fixture 1 Candy rack(black) 2 Cup dispensers I Cappuccino machine(International Coffee) I Coca Cola fountain unit Coke( owned 10 Napkin dispensers 1 Pie display(green small bakers rack style) ALL Silk flower arrangements 2 Plastic bagel bins 4 FWE full size elec hot boxes 8 , Food carts(with wheels) 10 Ladder food racks 20 Chafing dishes (4 brass handles/16 scroll type) 12 Air vacuum coff ee pots is 2 Decor ceramic fountains 1 Stainless steel mixer stand and drawer 3 Food bins (flour bins) ALL- Black salad bar crocks Black utensils Black bowls (all sizes) Black cambro salad �bar pans (/4 size/%2 si e z full size , etc .) Bus tubs ) 1 Floor safety box 1 Compaq computer and accessories 1 Frito Lay chip rack I OCS double oven and burners I Stainless steel mixing bowl/20 qt. All Hobart grinder and shredding attachments All metal shelving in dry storage areas EP owns al l 11 metal shelving in walk n coolers and freezer) i 2 Dunnage racks(one in cooler/one in walk n freezer Equipment-EPCC(cont'd) v 1 Electric Robot Coupe shredder 1 Large mixing bowl on wheels 1 Large lettuce cutter 1 2 wheel dolly/cart I Crathco beverage dispenser/mini-Twin ALL- Additional smallwares Additional pots and pans Additional sheet pans Additional steam table pans Additional glass coffee servers/brown Additional Cambro hot food boxes Additional electric coffee machine(Faberware and West Bend, etc.) Additional catering silver,plastic trays Additional linen skirting Additional catering bowls,stainless bowls Additional Cambro 3,5, 10 beverage dispensers Additional miscellaneous decorations EXHIBIT 4 The City requires the following areas to be cleaned after all events: • Main Garden Room entrance, restrooms,hallways and stairs • Common Atrium leading to Garden Room • Garden Room main eating area • Common Area restrooms between Garden Room and Police • Hallway carpet behind Garden Room and Police • Guest Dining Room(old Training Room) ° Common Area Atrium elevator • Patio and grounds The City requires that these areas be cleaned in the following manner after all events. All carpeted areas: • Vacuum completely • Carpet cleaned in Guest Dining Room—2 times yearly • Stain removal after every event • Report any major spills to Facilities,and clean them immediately. All tile floors: • Sweep completely • Completely wet mop using floor degreaser and disinfectant, rinse with clean water • Clean up all spills as needed Restrooms: • Clean mirrors with window cleaner • Refill paper products • Empty sanitary napkin waste receptacle • Disinfect and wipe clean all ➢ Sinks ➢ Toilets ➢ Urinals ➢ Handicap grab bars ➢ Partition walls(stalls) ➢ Sweep floor ➢ Wet mop floor with disinfectant and water ➢ Empty trash receptacle Waste receptacles(Common Areas): • Empty after all events • Transport to trash room and dispose of properly Windows: • Clean door glass after events • Clean lower glass in Atrium Specials: • Clean all debris out of planters throughout Common Atrium ! • Clean elevator Exhibit - City'S Rental Fee Schedule Room Grou I Public Agencies, Group II Group III Eden Prair ie No -nr Non-profit, and Individuals and esident Civic organizations BusinessesIndividuals and GARDEN Businesses With meal service— $300/first 4 hours $400/first four hours ROOM Catering Charge $50/hour each ur each add'I Only add'1 hour,plus hour,plus o catering charge catering charge g Room Room Group I Information Public Agencies, Group II Group III Eden Prairie Non-resident Non-profit,and Individuals and Individuals and Civic organizations Businesses TRAIlVI Businesses NG Standard Class $20/hour ROOM Room $30/hour $40/hour Beverages and Snacks only Maximum capacity—40 Priori Rental Classifications Government—Any activity related to the operations of Eden Prairie's City government which the primary purpose is to aid Eden prairie Residents—No Charge. Group I—Public agencies, School District 272,civic organizations,S.W.Metro Transit,non- profit Eden Prairie based groups. Group II*— Eden Prairie residents and businesses. Group III(Non-community)—Non-resident individuals, groups,commercial,non-profit and business organizations. * A Community Group is Eden Prairie based if the user group has its mailing address or headquarters in the City of Eden Prairie, or has at least 75%of its membership roster residing in Eden Prairie. NOTE: Eden Prairie residents and businesses may NOT make reservations for non- residents and non-Eden Prairie based businesses. CITY COUNCIL AGENDA DATE: SECTION: Consent November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.N. Community Development Approve a Professional Services Janet Jeremiah Agreement with HKGi and BKV to prepare Town Center Design Guidelines and a Mixed-Use Zoning Ordinance Requested Action Move to: Approve a professional services agreement with Hoisington Koegler Group (HKGi)to work with Boarman, Kroos, Vogel Architects(BKV Group)to prepare architectural and urban design guidelines and a mixed use zoning ordinance for the Town Center area of Eden Prairie for a cost not to exceed$41,080. Synopsis Greg Ingraham of HKGi proposes to team with BKV Architects to work with City staff and the Planning Commission on the preparation and review of architectural and urban design guidelines and a mixed use zoning ordinance for the town center portion of the Major Center Area. Background Information The Major Center Area Study was approved by the City Council in January, 2006 as an advisory tool for future redevelopment and public improvements in the Prairie Center Drive/Valley View "ring road"area. In response to public input,the study recommends developing a compact, walkable town center in the Singletree Lane/Hwy 212 area. In order to implement the town center vision,the study recommends developing detailed design guidelines for future buildings, parking ramps, streetscape amenities, pedestrian/bicycle connections and other public spaces. Greg Ingraham of HKGi(formerly of Ingraham&Associates)has been involved with the Major Center Area Study from the outset. He is also currently involved with incorporating the land use recommendations into our Comprehensive Plan. This provides an efficient use of resources due to Mr. Ingraham's understanding of the community's vision for the town center area and how it fits into the overall Comprehensive Plan. HKGi's proposal includes teaming with an architectural firm that has experience in mixed use building design. Bill Baxley of BKV will provide that expertise. Attachments • Agreement for Professional Services • HKGi Proposal for Services • HKGi and BKV hourly rates • BKV graphic examples Hoisington Koe ler Group,Inc. October 31, 2006 Janet Jeremiah Community Development Director City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Town Center Design Guidelines and Mixed-Use Zoning Ordinance Dear Ms. Jeremiah, On behalf of the team of Hoisington Koegier Group Inc (HKGi) and Boarman, Kroos, Vogel Architects (BKV Group), we are pleased to submit this proposal to prepare architectural and urban design guidelines and a mixed-use zoning ordinance for the Town Center area of Eden Prairie. The framework for the Town Center was established by the Major Center Area (MCA) Study. We led the MCA land use planning and are excited to have the opportunity to help prepare the implementation tools needed to allow Eden Prairie to achieve its vision for a walkable, vital, sustainable and memorable downtown. Our team is committed to providing the City with timely, high quality services and deliverables. We have extensive experience with mixed-use guidelines, regulations, development, design, and construction. In addition, our team includes LEED (Leadership in Energy and Environmental Design) certified planners and architects who have experience in sustainable and energy efficient neighborhood design and development. That combination of experience and commitment to City goals assures a smooth and detailed process and creative and ease-to-use tools to guide Town Center development. Contact me at(612) 377-2500 if you have any questions or to direct us to begin work on this exciting project. Sincerely, Greg Ingraham Principal 123 North Third Street,Suite 100,Minneapolis,MN SS401-1659 Ph(612)338-0800 Fx(612)338-6838 www.hkgixom oWngttm lCcxSle Group,fac. A proposal for services: MIN SOH Eden Prairie Town Center Design Guidelines and Mixed Use Zoning District Project Understanding The City of Eden Prairie seeks the services of an experienced planning consultant and architect to help prepare design guidelines and a mixed-use zoning ordinance. The City recently adopted the Major Center Area(MCA)plan by reference in its Comprehensive Plan. The key element of the MCA Plan is creation of a Town Center. The Town Center is to be a compact, walkable,mixed- use area at the center of the MCA. The City wants to prepare and adopt design guidelines and a mixed-use zoning district designed to achieve the Town Center vision. The guidelines and regulations are to be unique to Eden Prairie and the MCA Town Center and should incorporate active living, healthy communities and sustainable practices. The guidelines and zoning district are to be prepared with staff and Planning Commission guidance for City Council review and adoption. HKGi Team Qualifications Hoisington Koegler Group(HKGi)and BKV Group Architects have teamed together provide the City with the combined expertise of our two firms. HKGi and BKV Group have extensive experience creating urban design and architectural guidelines and mixed-use zoning ordinances. We know the City, the MCA/Town Center area and the MCA Plan. We have a proven track record of working together on successful suburban and urban design projects. We feel we have a f good working relationship with City staff and officials to assure that the end products fully meet City needs and expectations. Greg Ingraham of HKGi led the 2005 MCA Study and Town Center land use planning. Our team has a vested interest in seeing the next level of planning and design result in creative and easy-to-use tools for implementing the Town Center vision. Greg Ingraham of HKGi will lead the preparation of Town Center guidelines and the zoning ordinance. Jeff McMenimen, Rita Trapp and Jeff Miller of HKGi will contribute their urban design, LEED(Leadership in Energy and Environmental Design),walkable community, and mixed- use project expertise. Bill Baxley of BKV Group will lead the architectural design guidelines element and will assist with the urban design guidelines and ordinance. In addition to our experience working with Eden Prairie and SRF to prepare the MCA Study and Town Center Land Use Plan, the following is a list of other mixed-use designs,guidelines and zoning ordinances prepared by our team: • Richfield I-494 Corridor Mixed Use Zoning Districts • Bloomington Zoning Ordinances • Minneapolis North Loop Plan Eden Prairie Town Center 1 Hoisington Koegler Group and BKV Group 10,31.06 • Minneapolis Downtown Zoning Ordinance • Ramsey Town Center Zoning Ordinance • Inver Grove Heights Zoning Ordinances • Nicollet Avenue Corridor Redevelopment—Minneapolis, MN • MoZaic Mixed Use Development—Minneapolis, MN • Main Street Redevelopment-New Brighton, MN • Silver Lake Village Mixed Use, St. Anthony, MN Proposed Approach Our recommended approach uses three steps that build on each other to create the Town Center implementation tools: 1. Define the desired Town Center development and public realm character. 2. Prepare performance guidelines(architecture,urban design, etc.). 3. Draft a Town Center mixed-use ordinance. We will work in a partnership manner with City staff to formulate these elements and will use the Planning Commission as a sounding board and guide for the character elements, guidelines and regulations. We will prepare progress reports at key decision point for City staff to use to keep the City Council appraised of the process and direction. The guidelines and regulations will be based on the foundation established by the MCA Study and the Market Center Guidelines, along with staff, public, Commission and City Council input. We will use photos and sketches to graphically illustrate architecture and urban design options and approaches. This visual approach will result in graphically oriented design guidelines that fit Eden Prairie's vision for Town Center. We envision the guidelines as a flexible implementation tool and benchmark for private development actions(architecture, materials, street front presence, etc.) and for shared implementation of street, streetscape and public realm improvements. The guidelines are likely to be detailed at the core of the Town Center with greater flexibility as the perimeter. The guidelines should be flexible while ensuring high quality and encouraging creativity and design diversity. The mixed-use ordinance will reference the design guidelines and establish standards, as needed, for land use, quality,height, setbacks, scale,parking, etc. We will test the guidelines and ordinance using likely Town Center development scenarios. Also, we are interested in using the draft LEED-ND standards(Leadership in Energy and Environmental Design— Neighborhood Design)to help inform the Town Center guidelines and ordinance. Step 1.Town Center Character Conduct a workshop meeting of the City staff and consultants to review the MCA Town Center Plans and Planning Principles and LEED-ND standards. Discuss development goals and objectives and key character elements (massing, architecture, streetscape, transit,parking,public amenities, etc.). Work with staff to select appropriate architectural and urban design visual examples of mixed-use architecture, town center and urban design principles. Discuss level of detail for design Eden Prairie Town Center 2 Hoisington Koegler Group and BKV Group 10.31.06 guidelines and ordinance objectives/strategy. Prepare a PowerPoint character presentation draft and review with City staff. Review the Town Center Plans and Principles with the Planning Commission. Show the"Best Practices"visual character examples and conduct a visual preference survey to determine priorities for the architectural and urban design guidelines. Discuss preliminary land use expectations, area vitality, transit and walkable design and LEED-ND standards. Document Commission preferences. Deliverables: Refined goals and plan priorities, Best Practices architecture and urban design examples (pictures, sketches and illustrations) and PowerPoint presentation, visual preference survey, LEED-ND presentation, land use matrix, summary of Commission direction for guidelines. Design character summary for Council briefing. 2. Design Guidelines Review the Planning Commission direction and a draft design guidelines strategy and example with City staff. Prepare draft guidelines based on Commission and staff input. Guidelines to include Streetscape, Urban Design Elements, Street Presence and Entries, Architecture, Materials, Parking, Signage and Landscaping. The guidelines will have a graphic orientation. Meet with City staff to review and edit draft guidelines. Conduct development scenario simulations to test case guidelines and review against LEED-ND standards. Refine draft guidelines based on scenario results and staff input. Discuss interface between guidelines and ordinances. Meet with the Planning Commission to present and review the guidelines using PowerPoint. Gather Commission input and document recommendations. Refine guidelines into a final draft based on Commission and staff input. Commission meeting to also include draft mixed use ordinance review. Deliverables: Design guideline strategy paper and example. Preliminary and final drafts of the following Town Center Design Guidelines-Streetscape, Urban Design Elements, Street Presence and Entries, Architecture, Materials, Parking, Signage and Landscaping Design. Development scenario testing results. PowerPoint Guidelines presentation. Step 3.Town Center Mixed Use Ordinance We will search our mixed-use ordinance database and other sources to assemble a collection of the best mixed-use ordinances from around the country. The pros and cons of these ordinances will be evaluated and the best of the best selected for presentation to City staff. From previous meetings with City staff and the Planning Commission we will have a framework established for Eden Prairie's mixed use zoning ordinance. We will prepare an ordinance outline based on this framework and the desired character and design guidelines. We will work with City staff to review the ordinance outline and the best ordinance examples. In this workshop meeting we will determine priorities, ordinance structure, definitions,land uses, dimensional and performance standards and ordinance administrative items. We will prepare a draft Town Center mixed-use ordinance. This will be routed for City staff review and comment. Eden Prairie Town Center 3 Hoisington Koegier Group and BKV Group 10.31.06 We will test the ordinance in combination with the design guidelines using potential Town Center development scenarios. We will refine the draft based on staff input and scenario test results. We will present the draft ordinance to the Planning Commission as a study item for their review and suggestions. We will present the draft design guidelines and mixed-use ordinance to the City Council for their review and direction. We will prepare a final draft based on Council and Commission comments. A digital and paper copy of the final design guidelines and final draft ordinance will be provided to the City for formal review and adoption. City staff to conduct ordinance hearings and adoption meetings. Consultant presentations at hearings are an optional service. Deliverables: Collection and pros and cons of the best mixed-use ordinance examples. Town Center mixed-use zoning ordinance framework and outline. Preliminary ordinance draft including priorities, ordinance structure, definitions, land uses, dimensional and performance standards and ordinance administrative items. Results of ordinance testing in conjunction with the design guidelines. Refined draft ordinance and progress report. PowerPoint presentation of the guidelines and ordinance. Final draft of the Town Center mixed-use ordinance. Paper and digital copy of the ordinance in Eden Prairie codified format for subsequent hearings and adoption. Schedule and Fees Step 1. Town Center Character 20 days $ 8,680.00 Step 2. Design Guidelines 45 days $16,530.00 Step 3. Town Center Mixed Use Ordinance 30-45 days $15,870.00 Project timetable depends upon the ability to schedule staff, Commission and City Council meetings. Not to exceed $41,080.00 for Tasks 1-3 and including all services, deliverables and expenses (mileage and printing). Invoices will be submitted monthly itemizing all project services performed and expenses incurred during the previous month. Invoices are payable within 30 days of submittal. Scope of work includes six staff meetings/workshops, two Planning Commission meetings and one City Council meeting. Additional meetings, options or tasks beyond this scope and when specifically authorized by the City will be billed according to the attached hourly rate schedules and are not included in the above figure. Eden Prairie Town Center 4 Hoisington Koegler Group and BKV Group 10.31.06 Rates DATE: JANUARY 1,2006 BKV GROUP,INC STAFF RATES STAFF TYPE RATE PARTNER IN CHARGE $135 DESIGN PARTER $135 SENIOR PROJECT ARCHITECT $102 PROJECT ARCHITECT $80 INTERN ARCHITECT $56 ARCHITECTURAL TECHNICIAN $80 LANDSCAPE ARCHITECT $107 SENIOR INTERIOR DESIGNER $75 INTERIOR DESIGNER $50 SENIOR MECHANICAL ENGINEER $113 MECHANICAL ENGINEER $84 MECHANICAL TECHNICIAN $80 SENIOR ELECTRICAL ENGINEER $113 ELECTRICAL ENGINEER $84 ELECTRICAL TECHNICIAN $80 SENIOR STRUCTURAL ENGINEER $113 STRUCTURAL ENGINEER $84 STRUCTURAL TECHNICIAN $80 CONSTRUCTION ADMINISTRATOR $112 SPECIFICATIONS WRITER $113 HOISINGTON KOEGLER GROUP INC. 2006 HOURLY RATES Senior Principal............................................$130-150/hr Principal.......................................................$100-130/hr Senior Professional.....................................$120-145/hr Professional III...............................................$80-110/hr Professional 11..................................................$65-80/hr Professional I ..................................................$50-65/hr Technical..........................................................$3 5-55/hr Secretarial.............................................................$50/hr Testimony...........................................................$175/hr Construction Administration...............................$100/hr Incidental Expenses: Mileage..........................................................44.5¢/mile Other Travel,Lodging,Meals ......................Actual Cost Photocopying....................................................15¢/page Outside Printing............................................Actual Cost Diazo Printing...............................................Actual Cost Draft Plots......................................................$5.00 each Vellum Plots.................................................$10.00 each Color Plots...................................................$20.00 each Travel time is billed at one half of the hourly rates shown above. Statements will be submitted to the client on a monthly basis as work is completed and shall be payable within 30 days in accordance with this Agreement. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the 2"d day of November, 2006, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hoisington Koegler Group, Inc. (HSGi) and Boarman, Kroos, Vogel Architects (BVK Group), (hereinafter"Consultant")whose business address is HGKi,123 North Third Street, Suite 100, Minneapolis, MN 55401-1659 and BKV Group, 222 North Second Street, Minneapolis, MN 55401. PRELIMINARY STATEMENT 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 a Town Center Design Guidelines and Mixed-Use Zoning Ordinance 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 Exhibit"A" in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing: 3. Compensation for Services. City agrees to pay the Consultant for the services as described in Exhibit B. A. Any changes in the scope of the work which may result in the 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 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, 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. 1 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 under Section 4 of this Agreement. 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. 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 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 Stang. The Consultant has designated Greg Ingraham, (HKGi) Lead Principal Project Manager and Bill Baxley, (BKV Group) to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Greg Ingraham or Bill Baxley, from the Project without the approval of 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 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. 2 10. Term. The term of this Agreement shall be from through, 2006 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. If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant shall be responsible for the difference between the cost actually incurred and the Agreement amount. 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 attorney's 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. 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 3 17. Severability. 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 material breach of this Agreement and entitle the City to immediately terminate this Agreement. 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 attorney's 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 general 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 copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured 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. 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 insured's capacity as the Consultant, if such legal 4 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") shall 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." 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. 5 CITY OF EDEN PRAIRIE Mayor City Manager Hoisington Koegler Group, Inc. 6 r CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning The Lock Up Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.11 acres; and • Approve 1 st 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 • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The proposed plan shows a 71,187 square foot self-storage building. The project requires waivers for increased base area ratio and reduced parking. The 120-Day Review Period Expires on January 24, 2007. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the October 9, 2006 meeting with the waivers for increased floor area ratio and reduced parking based on plans submitted at the meeting which addressed the following recommendations in the staff report. A. Revise the exterior material board to match the color building elevation colors. The differences in material colors should be subtle, the materials in a palate of warm browns and tans that closely match the plans. The doors should not be white, and the panel should be decorative rather than the traditional roll up door. B. A proof of parking plan for 36 spaces is needed. This would be consistent with the parking requirements if this use was located on industrially zoned property. C. The wetland buffer plan needs to be revised to include a greater diversification of plat material including two varieties of shade trees and three varieties of shrubs such as dogwood and viburnum. The plant materials should be extended from the edge of the wetland to the edge of the pond. Attachments 1. Resolution-PUD 2. Staff Reports 3. Location Map 4. Land Use &Zoning Map 5. Planning Commission Minutes THE LOCK UP CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE LOCK UP FOR BRB DEVELOPMENT,LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on October 9, 2006, on The Lock Up by BRB Development,LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on November 14, 2006. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. The Lock Up,being in Hennepin County,Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated November 14, 2006. 3. That the PUD Concept meets the recommendations of the Planning Commission October 9,2006. ADOPTED by the City Council of the City of Eden Prairie this 14t'day of November, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept - The Lock Up Legal Description: Lot 1, Block 1,Minnesota Tree 3rd Addition THE LOCK UP CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE LOCK UP FOR BRB DEVELOPMENT,LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Lock Up(The) for BRB Development,LLC stamp dated November 14, 2006, and consisting of 2.11 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 14t'day of November, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Area Location Map - The Lock Up Address: 12995 Valley View Road r Valley View Rd ' sI;: Prairie Center Dr Plaza Drive : . N No- ca e Zoning The Lock Up 1295 Valley View Road ,R � § v-r� 'tea �.`*. ✓'r i t Vailey Vises Road ..<. SIT Piav Drive { Prairie Center i�rive i J Rural One Fancily-10 acre min. Highway Commerclal. Shoreland Management Classifications '-R1-44 One Family.44,000 59.nlim Regional service Commercial E Natural Environment Waters Rt-22 One Family-22,000sf min- Regional Commercial R 10 Recreational Development Waters Lca General Development Waters(Creeks Only) R1-13.5 One Fa Industrial sf min. Industrial Pa€k-2 Acre,Min. ® 100- Year Floodplain Rt 9.5 One Fanuly-95G0 sf min. industrial Pak-5 Acre Min. Higtrway 4312 West of County Road 94 is proposed,not constructed at INS time. RM.&5 Multi-family-6.7U.P.Amax, General Industrial-5 Acre Min, Up dated through Ordlnanoo#032005 RM-2.0 Multi-Family-il`AUP-A.max .Public Ordinance fi33-2001(6F1 Addtion)approved,but not Shown on this map edition r"-,—, Date:June 24,2005 Once Water I Neighborhood Commercial ....�. Right-at-Way Community Commemial Chanhassen City limits 31 Guide Flag Map The Lack Up 12995 Valley View Road 'y rA j S Valley View Road i t z Prairie Center Drive Plaza Drive r f"Y �l @ Lour Density Residential 0-2.5 UnitsfAcre j Neighborhood Commercial Principal Arterial Low Density/Public!Open Space Community Commercial ---A Minot Arterial / Medium Density residential 2.5-10 Units/Acre Regional Commercial 8 MinorArterial QMedium Density Residential/Office Park/Open Specs ®Adajor Collector �r 3 High Density Residential 10.40 UnitsiAcre PubliclQuasi-Public -Minor Collector Office Church/Cemetarl Office/Industrial Open water oATEAPProled 0340,03 Office/Public/Open Space Right-Of-Why PATE Ra,�sed01.07-oa Industrial Metropolitan Urban Serydce Line(MUSA) .. Creeks. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 9,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad, John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell,Peter Rocheford, Fred Seymour,Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig, Rocheford, and Seymour. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Pitzrick,to approve the agenda. Motion carried 6-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON SEPTEMBER 25,2006 MOTION by Pitzrick, seconded by Stoltz,to approve the minutes. Motion carried 4-0. Duckstad and Stoltz abstained. IV. PUBLIC MEETING V. INFORMATIONAL MEETINGS VI. PUBLIC HEARINGS Planning Commission Minutes October 6, 2006 Page 2 A. OAK CREEK AT HENNEPIN VILLAGE by Hennepin Village Limited Partnership. Request for: Guide Plan Change from Public Open Space to Medium Density Residential on 3.1 acres and from Medium Density Residential to Public Open Space on 3.2 acres;Planned Unit Development Concept Review on 73.7 acres;Planned Unit Development District Review on 73.7 acres; Zoning District Change from Rural to R1-9.5 on 18.74 acres;Zoning District Change from Rural to R1-13.5 on 2.0 acres; Preliminary Plat of 73.7 acres into 96 lots and 6 outlots. The developer is asking for a continuance. This will allow time to complete the EAW process for reviewing road options. Franzen stated that the project would be continued until the March 12,2007 meeting,to allow for the public review process. MOTION by Stoltz, seconded by Kirk,to continue this hearing to the March 12, 2007 meeting. Motion carried 6-0. B. WILLIAM SMALL PROPERTY by Pemtom Land Company. Request for: Zoning District Change from Rural to R1-13.5 on 5.01 acres; Preliminary Plat of 5.01 acres into nine lots and road right-of-way. The developer is asking for a continuance. This will allow time to complete the EAW process for reviewing road options. Franzen stated that the William Small project falls under the same process as Oak Creek and will be continued until the March 12, 2007 meeting. MOTION by Kirk, seconded by Stoltz,to continue this hearing to the March 12, 2007 meeting. Motion carried 6-0. C. VARIANCE#2006-12 by Elena Bates. Request for: To permit outdoor storage and display area for dogs outside a completely enclosed building;to permit a fence height of 8 feet, for dog enclosure. Location: 9051 Flying Cloud Drive. Elena Bates,project proponent for Camp Bow Wow, presented the proposal. She stated that there are two principles associated with Camp Bow Wow. The first one being the safety of the dogs. The second one would be a strong desire to be a good neighbor in the community. She gave a brief overview of Camp Bow-Wow, pointing out that this facility is both a doggy day care and an overnight boarding facility. She stated that Camp Bow Wow is a franchise with facilities located throughout the United States. She also pointed out that there would be one staff person per 15 dogs and that staff would be on site from 6:30 am to 7:00 pm. She also said that there would be at least one staff member present at all times when Planning Commission Minutes October 6, 2006 Page 3 the dogs are outside. Ms. Bates utilized the overhead projector to give an example of what the Camp would look like. She showed where the current facility would be located and that this Camp would need the two variance requests to make it operational. Ms. Bates stated that in regards to the first variance request,they require this space for the"pottying"of the dogs. She stated that there are alternatives to this concept; one would be to have the dogs go to the bathroom indoors, but she pointed out that if this were the case the surroundings become less sanitary and it often confuses the dogs. She also stated that without this outside area the dogs would not get the exercise that they would need,hence the staff would have to walk the dogs,which is not safe for them and most likely not conducive for the neighborhood. She pointed out that the outside area would be on the south and west side of the property and that she is asking for a little more than 1500 sq. feet. Ms.Bates also address some of the potential concerns that this Camp could bring about. The first concern would be that of noise; uncontrolled barking. She said that in regards to this concern, if a dog is barking uncontrollably,that is grounds to terminate attendance to the facility. She pointed out that the campers would be supervised at all times. The second concern would be that of cleanliness. In addressing this issue, she stated that waste would be continually removed and secondly,that there is a disinfectant product that would be used daily to eliminate odor. Ms.Bates addressed the second ordinance. She said that the request is for a fence height of 8 feet. This would ensure that the fence is high enough to prevent a dog from jumping over it;which would ensure dog safety. She pointed out that this fence would also eliminate some of the noise. The fence would be a white PVC fence,which is a type of fence that is more aesthetically pleasing. Stoelting asked Ms.Bates if she had a meeting with the neighbors in regards to neighbors this project. Ms.Bates stated that she has not meet with the g hbors as of yet. Stoelting asked Franzen to review the staff report. Franzen said that on page 3 of the staff report lists three choices for the commission and identified the impacts of outdoor storage and the eight foot high fence.He also explained the purpose of the industrial districts and why outdoor storage is not allowed in I-2, but would be allowed in I-General.He added that there are areas of I-General where this use could locate. Franzen stated that John Blake, of the Aztec Town Office Park,wrote a letter to the City opposing this project. Stoelting opened the meeting up for public input. Manoj Moorjani, of 9008 Cold Stream Lane and Cheryl Edwards of 9079 Cold Stream Lane stated that they are at the meeting representing the residents of the area. Mr.Moorjani stated that they acquired a list of residents in the area that signed a petition opposing this project. He said the main reasons for opposition Planning Commission Minutes October 6, 2006 Page 4 would be the noise level and odors from the area. Ms. Edwards stated that she feels that this type of business is not appropriate for the area. Stoelting asked Mr. Moorjani how many people signed the petition. Mr. Moorjani stated that there were approximately 50 residents who signed the petition. Mike Lilja, owner of the business at 8953 Aztec, and Mel Schultz, manager at the Aztec Town Office Park presented their concerns. Mr.Lilja stated that this project sounds like a good business but is concerned with the noise it would generate. Mr. Schultz read a letter from the Aztec Town Office Park Association that basically opposed the project and felt that it was not a good fit for the area. Stoelting asked Mr. Schultz how many businesses signed off on the letter. Mr. Schultz stated that there were 10 of the 12 businesses that signed off on the letter. Jim Durda, of 9047 Cold Stream Lanes, stated that he has lived in this area for quite awhile. He pointed out that they are off the property line,but he feels that this business could impact their neighborhood property values. He said that he is also concerned with the predecessor of this project and that they might not take the care and precautions as Camp Bow Wow would. Mr.Durda also feels that the fence would act as an echo chamber for noise. Powell asked Ms. Bates who currently owns the property that Camp Bow Wow would be located at. Ms. Bates stated that his first name is Lou but the last name is unknown. She stated that Lou owns the Modern Auto Care building and is in alignment with Camp Bow Wow. Stoelting asked if there would be modifications to the building. Ms. Bates stated that there could possibly be a wall coming down, flooring changes and cosmetic changes. She also stated that they would be adding heating and air-conditioning. Powell asked Franzen if the auto business is considered commercial and if so, why is it in industrial. Franzen stated that auto services can be placed on industrial districts, as well as commercial districts. Powell asked if this was in a commercial area,would the project proponent still need the two variance requests. Franzen stated that they would not. Franzen stated that if the proponent cannot have her business at this location there are other areas in Eden Prairie where it is permitted without variances. Pitzrick asked Ms. Bates what the capacity of the building would be. Ms.Bates stated that it is 5,000 sq. ft., giving 125 sq. ft.per dog,which they can then house approximately 40 dogs. Pitzrick stated that when he parked over by Rainbow Foods he could hear the dogs at Hound Do Hotel. Ms. Bates stated that she has g seen on two occasions that the dogs outside were not supervised. Planning Commission Minutes October 6,2006 Page 5 Stoltz asked Ms. Bates why she had picked this location. Ms.Bates stated that she had a hard time finding a landlord for this type of facility and that Lou was very acceptable of this business. Stoltz asked Ms. Bates if this project was denied would it mean taking her business out of Eden Prairie. Ms. Bates stated that most likely it would mean moving her business out of Eden Prairie. Stoltz asked Ms. Bates if she would be willing to talk with the neighbors to address the issues brought forward in the meeting tonight. Ms.Bates stated that she definitely would talk with the neighbors and commented that if she could not change their minds then it would not be a good fit for the area. Stoltz stated that he has concerns for this business, only because of all of the opposition in the audience this evening. Duckstad asked Franzen if Ms. Bates is required to identify a hardship with the variance requests. Franzen stated that the Commission must also determine if a hardship exits.Duckstad stated that he does not feel that there is a hardship with these two variance requests and would be inclined to vote no. Stoelting asked Ms. Bates what she felt her hardship would be. Ms. Bates stated that the first hardship would be that within the City of Eden Prairie she has not found a land owner who would be willing to accommodate her business. The second hardship would be that she invested a great deal in Camp Bow Wow with purchasing the franchise and finding the area. Stoelting stated that there is neighborhood opposition to this request. He also added that this variance request could be continued to a further meeting. Ms. Bates asked if the neighbors and businesses in the area would be willing to meet with her and they stated that even after meeting with her they would still strongly oppose the project. MOTION by Stoltz, seconded by Kirk,to close the public hearing. Motion carried 6-0. MOTION by Duckstad, seconded by Kirk,to deny the variance requests. Motion carried 6-0. Franzen stated that the Commission should modify the motion based on reasons for denial. MOTION by Duckstad, seconded by Kirk,to deny the variance request based on the following;to grant this would create a precedent for future requests,there has been no showing of hardship by applicant, and based on the facts tonight,the variance does not fit the parcel, it is too close the office and residential areas and would cause impacts that cannot be mitigated. Motion carried 6-0. D. TWIN CITY CO-OP FEDERAL CREDIT UNION by Twin City Co-op Federal Credit Union. Request for: Planning Commission Minutes October 6, 2006 Page 6 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; Preliminary Plat of 4.22 acres. Jeff Pflipsen, architect representing Twin City Co-Ops Federal Credit Union, presented the proposal. He said that in tonight's presentation he was going to show the combination of slop and flat roof options. He pointed out that they would be matching all of the colors of the adjacent buildings. He stated that Office Max is willing to work with them in regards to the expanded green space and rain garden issue. Mr. Pflipsen illustrated where the rain garden would be located by utilizing the overhead projector. Mr. Pflipsen also pointed out that the building is 16 feet lower than the intersection and by bringing in a sloped roof it would allow for more visibility for the building. Mr. Pfipsen stated that he would like the Commission to consider Option 1 in the staff report. Stoelting asked Franzen to review the staff report. Franzen stated that this would not be a question of which design would be better—pitched roof or flat roof,but which roof is consistent with the approved plan.From Staff point of view,based on consistency, Franzen stated that he would recommend the flat roof design. Stoelting opened the meeting up for public input. There was no input. Powell said that he agrees with Staff regarding the flat roof and feels that this is the way to go. He also asked if the common property line requires a zero lot line waiver. Franzen confirmed that is does require a zero lot line and both Office Max and the Credit Union would have to request a waiver and it would need to be granted to both of them. Pitzrick asked Mr.Pfipsen what he would do if the plan was denied. Mr. Pfipsen stated that he would be willing to redesign the project with a flat roof. Pitzrick stated that he would like to see consistency with this project and would like to see a design for a flat roof option. Pitzrick stated that if the slopped roof design is approved, he is concerned that this would set a precedent for future projects. Mr. Pfipsen stated that he would be willing to come back with a flat roof plan if that is what the Commission would want. Duckstad stated that the Commission should be making positive recommendations to project proponents. He is concerned that at times the Commission could micro-manages projects. He stated that the Commission should be looking at individuality of projects that are brought before the Commission in good faith. Kirk stated that in regards to this project,he felt that there does need to be continuity with the project but that we also need to respect the project proponent Planning Commission Minutes October 6, 2006 Page 7 and their hard work on the project. At this point he said that he is leaning more towards continuity and would like to see a plan for a flat roof. Stoltz asked Mr.Pfipsen why he feels so strongly about the pitched roof design. Mr. Pfipsen stated that with the flat roofs,you tend to just see the flat roof tops and that it is not architecturally pleasing. Pitzrick asked if it was a flat roof design could it be a green roof. Mr.Pfipsen stated that they would have concerns going with a green roof and they were leaning more towards a white roof. Cindy Hartly, architect for the project, stated that they would be willing to continue the request to the October 23, 2006 meeting. MOTION by Kirk, seconded by Duckstad, to continue the request to the October 23, 2006 meeting and to revise the development plans according to the staff report and other requirements as identified by the Commission,which would be to present design alternatives for both a flat roof and sloped roof design. Motion carried 6-0. E. LOCK UP STOREAGE FACILITY by BRB Development LCC. Request for: Planned Unit Development Concept Review on 2.11 acres;Planned Unit Development District Review with waivers on 2.11 acres;Zoning District Change from Rural to Commercial Regional Service on 2.11 acres; Site Plan Review on 2.11 acres; Preliminary Plat of 2.11 acres into one lot. Peter Beck, of BRB Development, presented the proposal. Mr.Beck stated that there is a Lock Up Facility that his company owns that is currently in Plymouth. He pointed out that they have worked with Staff for months and that Staff has come up with three options that are listed in the Staff report. Mr.Beck stated that his company requests that the Commission would go with Option 1. He pointed out that that he feels that this project would be a good fit for the area. He also stated that the waivers requested are for floor area ratio and parking;which would be consistent with the plan. He utilized the overhead projector to illustrate the project and show the upgraded landscaping plan. Mr. Beck stated that in regards to Option 1,the coloring could be whatever the Commission desires. In regards to a decorative door,he felt that it would not fit into the commercial area. Mr. Beck said that in regards to more parking spaces,there would be 27 spaces that are in conjunction with the storage areas that are accessible from the outside. He said that in regards to a wetland buffer plan,they would be willing to work with Staff to come up with a plan. Stoelting asked Franzen to review the staff report. Franzen stated that there are three options in the staff report that the Commission needs to consider. Based on the presentation tonight, Franzen stated that the Staff recommends approval of the proj ect. Planning Commission Minutes October 6, 2006 Page 8 Stoelting asked Franzen if he felt that the decorative doors would not fit in with the commercial area. Franzen stated the concern is to deemphasize the doors so that the building does not look like a warehouse. Stoelting opened the meeting up for public input. There was no input. Kirk stated that he was concerned that the building should look like a commercial building, hence the decorative doors,but that he would go along with Staff recommendation to leave that decision up to the architect. Kirk asked Franzen about the height standpoint and would it fit into the area. He also questioned the MCA requirements. Franzen stated there are three and four story buildings in the area. The MCA plan called for uses outside the town center to be less intense uses and lower traffic generators and the plan fits the MCA plan. Stoelting asked Franzen about parking and what were his thoughts about converting the garage stalls to parking stalls. Franzen stated there is room, without having to convert the garage stall for proof of parking. Kirk stated that he does not like the idea of using the garages for proof of parking and asked Mr.Beck if there were other alternatives. Mr.Beck stated that these are stalls for vehicle storage anyways to that they can be used for parking. MOTION by Kirk, seconded by Powell,to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Kirk,to approve the Planned Unit Development concept Review on 2.11 acres; Planned Unit Development District - Review with waivers on 2.11 acres;Zoning District Change from Rural to Commercial Regional Service on 2.11 acres; Site Plan Review on 2.11 acres and Preliminary Plat of 2.11 acres into one lot based on plans stamped dated September 27, 2006, and the staff report dated October 6, 2006. Motion carried 6-0. Powell amended the motion by adding that the project proponent would need to submit a proof of parking plan that is to be filed with the City and additional plans to include a landscaping plan. Kirk seconded the amendment to the original motion. Motion carried 6-0. VIH. PLANNERS' REPORT Franzen stated that the October 23, 2006 meeting will include the Guide Plan Update and a presentation of the parking study. IX. MEMBERS REPORTS Planning Commission Minutes October 6, 2006 Page 9 Stoltz stated he previously requested that the City Staff address the issue of rain gardens and asked if that has been planned for a meeting. Franzen stated that could be addressed at the November 13, 2006 meeting. X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION by Stoltz, seconded by Kirk,to adjourn the meeting. Motion carried 6-0. There being no further business,the meeting adjourned at 10:10 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILB. Community Development/Planning Twin City Co-Op Federal Credit Janet Jeremiah Union Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 4.22 acres; and • Approve 1st 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; and • Adopt the Resolution for Preliminary Plat into two lots on 4.22 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. 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 5,907 square foot Twin City Co-op Federal Credit Union in place of the 11,000 square foot retail building. The project requires a zero lot line waiver to parking. The 120-Day Review Period Expires on January 17, 2007. Planning Commission Recommendation This project was reviewed at the September 11,2006, October 9, 2006 and October 23, 2006 Planning Commission meetings. The Planning Commission discussed the architectural consistency with the approved plans for Fountain Place and Horizon Place and which design,pitched or flat roof,was consistent. The Planning Commission approved a flat roof design with architectural details matching Fountain Place and Horizon Place. The Planning Commission also discussed incorporating a rainwater garden to treat stormwater runoff and to improve the visual look of the project.Part of the parking in the adjacent Office Max site will be proof of parking and used to create a green area between the sites.The rainwater garden on the credit union site was a condition of approval of the waiver. The Planning Commission voted 6-0 to recommend approval of the project at the October 23, 2006 meeting and directed staff to look into park dedication fees. Staff has determined park dedication fees were paid at time of building permit issuance for the entire Horizon Place PUD. Attachments 1. Resolution-PUD 2. Resolution-Preliminary Plat 3. Staff Report 09-08-06 4. Staff Report 10-06-06 5. Staff Report 10-20-06 6. Location Map 7. Land Use&Zoning Maps 8. Planning Commission Minutes 09-11-06 9. Planning Commission Minutes 10-09-06 10. Planning Commission Minutes 10-23-06 TWIN CITY CO-OP FEDERAL CREDIT UNION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF TWIN CITY CO-OP FEDERAL CREDIT UNION FOR TWIN CITY CO-OP FEDERAL CREDIT UNION WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on September 11, October 9, and October 23, 2006, on Twin City Co-op Federal Credit Union by Twin City Co- op Federal Credit Union and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on November 14, 2006. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Twin City Co-op Federal Credit Union, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated November 14, 2006. 3. That the PUD Concept meets the recommendations of the Planning Commission October 23, 2006. ADOPTED by the City Council of the City of Eden Prairie this 14"'day of November, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Twin City Co-op Federal Credit Union Legal Description Before Final Plat: Lot 1,Block 1 Horizon Place Legal Description After Final Plat: Lots 1-2,Block 1 Horizon Place 2°d Addition TWIN CITY CO-OP FEDERAL CREDIT UNION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- RESOLUTION APPROVING THE PRELIMINARY PLAT OF TWIN CITY CO-OP FEDERAL CREDIT UNION FOR TWIN CITY CO-OP FEDERAL CREDIT UNION BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Twin City Co-op Federal Credit Union for Twin City Co-op Federal Credit Union stamp dated November 14, 2006, and consisting of 4.22 acres into two lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 14t'day of November, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner I DATE: September 8, 2006 PROJECT: Twin Cities Co-Ops Federal Credit Union LOCATION: West of T.H. 212, south of Fountain Place, east of Columbine Road APPLICANT: Twin City Co-Ops Federal Credit Union OWNERS: Commercial Horizons Inc. 120 DAY REVIEW: Expires December 2, 2006 REQUEST: 1. Planned Unit Development Concept Review on 4.22 acres 2. Planned Unit Development District Review with waivers on 4.22 acres 3. Zoning District Amendment within the Commercial Regional Service District on 1.48 acres 4. Site Plan Review on 1.48 acres 5. Preliminary Plat of 4.22 acres into 2 lots Staff Report—Twin City Co-ops Federal Credit Union September 8,2006 Page 2 BACKGROUND The Comprehensive Guide Plan shows the 4.22 acre property for Regional Commercial land use. Surrounding land uses consist of High Density Residential, Medium Density Residential, and Regional Commercial. The Major Center Area Study future land use plan shows this site for commercial use. The property is zoned Commercial Regional Service. PLANNED UNIT DEVELOPMENT 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 5,907 square foot Twin City Co-ops Federal Credit Union in place of the 11,000 square foot retail building. SITE PLAN AND PRELIMINARY PLAT The site has a base area/floor area ratio of 0.10. City code permits up to a 0.20 base area ratio and a 0.40 floor area ratio in the Commercial Regional Service zoning district. The building meets the required setbacks. Parking requires 36 spaces based on 6 spaces for every 1000 sq. ft of building for Banks/Financial Institutions. The plan provides 37 spaces. The preliminary plat is to subdivide the property into two lots. The project will require a PUD waiver for a 0-foot setback to parking from the common lot line. The parking is separated by a green space ranging from 5' to 23' along the common lot line. A cross-access easement is required for the shared driveway. GRADING AND DRAINAGE All significant trees on the property were removed at the time of the Fountain Place development. Tree replacement required is 58.5 inches for this site. Together with the landscaping requirement of 18 caliper inches, a total of 76.5 caliper inches is provided meeting code. Stormwater will be directed towards an existing treatment pond west of Columbine Road. Staff Report—Twin City Co-ops Federal Credit Union September 8,2006 Page 3 ARCHITECTURE This project is also part of the Fountain Place PUD approved by the City in 2004. There was considerable discussion at the Planning Commission about whether the PUD should be similar to the main street retail or lifestyle center(Maple Grove), or traditional big box retail Since the market was unwilling to support such a product the critical question for the commission was how could the plans be modified to create the same sense of place;the image, the pedestrian sensitivity, and human scale architecture as in Maple Grove? The Fountain Place project was continued to revise the architecture in the following ways. 1. Create front door architecture on all sides of the"Big Box"buildings. 2. Create architectural diversity through varying the placement of windows, parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. 3. Building facades shall include design elements that enhance pedestrian movement. There should be a 20-foot sidewalk area with plantings across the front side of the buildings. 4. Building design shall avoid a square box building footprint. 5. Use decorative pilasters, moldings, cornices, arches, arched windows, natural stone and other fagade treatments to visually reduce the scale of the building. 6. Building entrances shall be designed to give a human scale for pedestrian interest. 7. Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. The developer of the Credit Union has included two different building elevations: one using a pitched roof and the other a flat roof. All the brick colors in both schemes are similar to Fountain Place; neither scheme includes any of the predominant architectural details as approved for Fountain Place and shown below: PARTIAL FLOOR PLAN,F .ti .t' Atl15F($IEpW td agAiF 3WfiUi^ Y � f - �Sf tkNA4fl4'G 53M1£9WY L 1 F �-[raa a pwxanuoxYeteuas•uae}umrsnm3 ' ; N. a tot.. to d t Y J5 Mi i ... ... .. - ... _ . _ RV? 3 •—.ik&N�itq}tXN1N+fntlkttpt§Wkk 'IF 4AWa _—....A69FISilM�R/40RMIMAIiiPJ FRONT ELEVATION.,,,Y,,,_ FV; SIF5- Staff Report—Twin City Co-ops Federal Credit Union September 8,2006 Page 4 The pitched roof plan regardless of how it is modified is out of character with Fountain Place. The flat roof version with modifications to match more closely with Fountain Place would be the recommended plan. SIGNS City code permits one 80 square foot free standing sign on one frontage and an additional 36 square foot free standing sign for each additional road frontage per lot. All proposed wall signs need to be located below the roof line. SITE LIGHTING Parking lot lighting is downcast-cutoff fixtures on 20-foot poles. SUMMARY The Planning Commission should discuss the following questions: 1. Is the architecture consistent with the underlying Horizon Place and Fountain Place PUD's? 2. Does the architecture contain appropriate detail in form,materials and colors consistent with the underlying Horizon Place and Fountain Place PUD's for the City to consider granting of the PUD waiver? The pitched roof plan regardless of how it is modified is out of character with the underlying Fountain Place PUD. The flat roof version with modifications to match more closely with Fountain Place would be the recommended plan.Both schemes do not include any of the predominant architectural features of Fountain Place. Staff does not support the site plan and architectural design for the project as proposed. The project should be continued to the October 9, 2006 meeting,with direction to modify the building architecture consistent with Horizon Place and Fountain Place PUD's according to the following recommendations: • Create front door architecture on all sides of the building. • Create architectural diversity through varying the placement of windows, parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. • Building facades shall include design elements that enhance pedestrian movement. There should be a 20-foot sidewalk area with plantings across the front side of the buildings. • Building design shall avoid a square box building footprint. • Use decorative pilasters,moldings, cornices, arches, arched windows, natural stone and other fagade treatments to visually reduce the scale of the building. Staff Report—Twin City Co-ops Federal Credit Union September 8,2006 Page 5 • Building entrances shall be designed to give a human scale for pedestrian interest. • Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. STAFF RECOMMENDATIONS Option 1 Recommend approval of the following request: • 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 • Preliminary Plat of 4.22 acres into two lots This is based on plans stamp dated September 7, 2006, and the following conditions: 1. Prior to City Council Review,the proponent shall: A. Revise the plans to meet the freestanding and wall sign requirements. 2. Prior to release of the final plat,the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control at the grading limits. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping/tree replacement surety equivalent to 150%of the cost of the landscaping/tree replacement plan for 76 caliper inches. B. Review the plans with the Fire Marshal C. Provide a Cross-Access Easement for review. 5. The following waiver is granted through the PUD for the project: A. Parking setback from 10 feet to 0 feet from internal lot lines. Staff Report—Twin City Co-ops Federal Credit Union September 8,2006 Page 6 Option 2 Recommend a continuance of the project to the October 9, 2006 Planning Commission meeting and direct the proponent to revise the building architecture consistent with Fountain Place and Horizon Place PUD's as follows: • Create front door architecture on all sides of the building. • Create architectural diversity through varying the placement of windows, parapets, and other architectural features. Diversity shall be appropriate in scale to the size of the building and the surrounding area. • Building facades shall include design elements that enhance pedestrian movement. There should be a 20-foot sidewalk area with plantings across the front side of the buildings. • Building design shall avoid a square box building footprint. • Use decorative pilasters,moldings, cornices, arches, arched windows, natural stone and other fagade treatments to visually reduce the scale of the building. • Building entrances shall be designed to give a human scale for pedestrian interest. • Landscaping should be provided at the foot of the building to soften the transition between paved areas on the ground plane and building materials on the vertical plane. Option 3 Recommend denial of the project based on the following: l. The site plan and architectural design is inconsistent with the overall Fountain Place and Horizon Place PUD's. 2. The PUD waiver has not been substantiated. Staff Recommends Option 2 STAFF REPORT TO: Planning Commission FROM: Regina Herron,Planner I DATE: October 6, 2006 PROJECT: Twin Cities Co-Ops Federal Credit Union LOCATION: West of T.H. 212, south of Fountain Place, east of Columbine Road APPLICANT: Twin City Co-Ops Federal Credit Union OWNERS: Commercial Horizons Inc. 120 DAY REVIEW: Expires December 2, 2006 REQUEST: 1. Planned Unit Development Concept Review on 4.22 acres 2. Planned Unit Development District Review with waivers on 4.22 acres 3. Zoning District Amendment within the Commercial Regional Service District on 1.48 acres 4. Site Plan Review on 1.48 acres 5. Preliminary Plat of 4.22 acres into 2 lots Staff Report—Twin City Co-ops Federal Credit Union October 6,2006 Page 2 BACKGROUND On Monday, September 11, 2006, the Planning Commission continued the Twin City Co-ops Federal Credit Union project to the October 9, 2006 meeting directing Staff and the proponent to: "Review architectural consistency with the original PUD, looking at both sloped-roof and flat- roof alternatives and particularly showing architectural details with the Office Max development and sight lines from several different angles; to explore expanded green space or rainwater gardens in the buffer between the two parking areas to eliminate the zero lot line waiver, retaining the option to expand parking in the future, and to review the recommendations within the Staff report." The applicant has submitted a revised architectural plan with a pitched roof. The plans have not been revised to show a rainwater garden. ARCHITECTURE The issue is whether or not the proposed design is consistent with the approved architectural design for the commercial planned development.Even without a flat roof alternative for comparison purposes, the design can be compared to an existing similar size flat roof building within the planned development. The elevation and photograph below shows a 6,000 square foot flat roof building with a parapet wall to screen mechanical equipment. This building could be changed to appear more like a bank rather than a retail use by removing the awnings over the windows, adding more windows to the building, and attaching a drive through. 241k- n, Cu tr: Et t R � � � - IEIFS Staff Report—Twin City Co-ops Federal Credit Union October 6,2006 Page 3 r77, r MWAM t The elevation below is the 11,000 square foot retail building approved for the proposed bank site. sWa , ry k .. _ SIGNAG i 4 _ SIG A.GE «_ E p I SUMMARY The Planning Commission should discuss the following questions: 1. Is the architecture of the revised plan consistent with the Horizon Place and Fountain Place PUD's? Staff Report—Twin City Co-ops Federal Credit Union October 6,2006 Page 4 2. Does the architecture contain appropriate detail in form, materials and colors consistent with the underlying Horizon Place and Fountain Place PUD's for the City to consider granting of the PUD waiver? 3. Should the zero lot line waiver be granted without the use of a rainwater garden in the buffer between the two parking areas where the waiver is requested? The strongest connection to the approved architecture is a flat roof with all of the other construction details, colors and materials identical to the approved plan. A strong connection is important for many reasons. • This site is part of a unified development plan of the Fountain place and Horizon Place PUD's. • The City made a conscious decision to require modifications of the 1 st submittal of the Fountain Place PUD to create a unified theme with particular attention made to roof lines, building jogs, building materials, colors, sidewalks, landscaping and a fountain during several meetings with the commission. • The current approach shows additional architectural elements of the approved design than the previous proposal reviewed at the September I I th meeting. If the revised plan is approved with a pitched roof then the City must be prepared to accept other types of amendments on the remaining vacant site at the corner of Prairie Center Drive and Highway 212 or to existing buildings if requested by new or existing tenants. The zero lot line waiver to parking should only be granted if it results in the creation of a rainwater garden. Since the waiver applies to the bank and Office Max sites, there will have to be a cooperative solution. If an agreement cannot be reached then the plan will have to be revised to meet the 10 foot setback and the bank site will be somewhat smaller in order for this to happen. STAFF RECOMMENDATIONS Option 1 Recommend approval of the following request: • 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 • Preliminary Plat of 4.22 acres into two lots This is based the staff reports dated September 8, 2006, and October 6,2006, and based on plans stamp dated October 6, 2006, and the following conditions: 1. Prior to City Council Review,the proponent shall: Staff Report—Twin City Co-ops Federal Credit Union October 6,2006 Page 5 A. Revise the plans to meet the freestanding and wall sign requirements. B. Revise the plan to meet the 10 foot setback to parking along the common interior lot line. C. Revise the building elevations so that building jogs, flat roof edges, and other architectural details are identical to the approved architecture. 2. Prior to release of the final plat,the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control at the grading limits. 4. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscaping/tree replacement surety equivalent to 150%of the cost of the landscaping/tree replacement plan for 76 caliper inches. B. Review the plans with the Fire Marshal C. Provide a Cross-Access Easement for review. Option 2 Recommend a continuance of the project to the November 13, 2006 Planning Commission meeting and direct the proponent to revise plan as follows. • Revise the architectural elevations to show a flat roof, with building jogs, roof edges, and other architectural details identical to the approved architecture. • Revise the plan to include a rainwater garden. With this option the owner needs to make a verbal commitment for the record to extend the 120 day review period to January 17, 2007 Option 3 Recommend denial of the project based on the following: 1. The site plan and architectural design is inconsistent with the overall Fountain Place and Horizon Place PUD's. 2. The PUD waiver has not been substantiated. STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner I DATE: October 20, 2006 PROJECT: Twin Cities Co-Ops Federal Credit Union LOCATION: West of T.H.212, south of Fountain Place, east of Columbine Road APPLICANT: Twin City Co-Ops Federal Credit Union OWNERS: Commercial Horizons Inc. 120 DAY REVIEW: Expires January 17, 2007 REQUEST: 1. Planned Unit Development Concept Review on 4.22 acres 2. Planned Unit Development District Review with waivers on 4.22 acres 3. Zoning District Amendment within the Commercial Regional Service District on 1.48 acres 4. Site Plan Review on 1.48 acres 5. Preliminary Plat of 4.22 acres into 2 lots Staff Report—Twin City Co-ops Federal Credit Union October 20,2006 Page 2 BACKGROUND On October 9, 2006, the Planning Commission continued the Twin City Co-ops Federal Credit Union project to the October 9, 2006 meeting directing the proponent to revise the development plans according to the staff report and to present design alternatives for both a flat roof and sloped roof design. ARCHITECTURE The applicant has submitted three building designs: Option 1: Pitched Roof. Option 2: Combination Pitched and Flat Roof Option 3: Flat Roof. Staff recommends Option 3. STAFF RECOMMENDATIONS Recommend approval of the following request: • 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 • Preliminary Plat of 4.22 acres into two lots This is based on Option 3, flat roof,the staff reports dated September 8, 2006, October 6, 2006, and October 20,2006 and plans stamped dated October 20, 2006, and the following conditions: 1. Prior to City Council Review,the proponent shall: A. Revise the plans to meet the freestanding and wall sign requirements. 2. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control at the grading limits. Staff Report—Twin City Co-ops Federal Credit Union October 20,2006 Page 3 4. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscaping/tree replacement surety equivalent to 150%of the cost of the landscaping/tree replacement plan for 76 caliper inches. B. Review the plans with the Fire Marshal C. Provide a Cross-Access Easement for review. 5. A Planned Unit Development waiver is granted for a zero lot line setback to parking along the common interior lot line based on a condition for a rainwater garden and additional plant material. Area Location Map - Twin Cities Co-Op Federal Credit Union Address: West of T.H. 212, South of Fountain PI, East of Columbine Rd Prairie Center Drive77 r � <:: Fountain PI ' Columbine Rd SITE 212/Flying Cloud Dr .'. r .J VT-7 f `" Anderson Lakes Pkwy Zoning Map Twin City Co-Ops Federal Credit Union West of T.H. 212, South of Fountain Place, East of Columbine Road ., k \. ,. q Prairie Center Dnve IN i 37 Fountain place a� 2127Flying Cloud Drive 1 - Columbine Road � ��\ s�� �\ - Mll lull SITE N ON UNN 1 l Andersen Lakes Parkway fr L V, Rural One Family-10 arse min. Hsghway commercial Shoreland Management Classifications . . R1-44 one Famfy-44,ODif sf_min_ Regional Service Commercial ERB Natural Environment Waters RI-22 One Farnity-22,000 at min, Regional Commercial H�7t Recreational Development Waters Q General Development Waters(Creeks Only) ��.R1-13.5 One Family-13,500 sf min. t Industrial Park-2 Acre Min, = 100- Year Floodplain R1-9.5 One Family 9 500 st min, [75j industrial Park-5Acra Min, Coun RM-6,5 h4ulti-Family S 7 U P.A max General Industrial-5 Acre Min. Highway 4thro through West Ordinance 9 Road 04 is proposed,not cxtrnstruots�rf at this time Up datedtttrough Ordnance d0#-2o05 [[ Rt'i-2,5 1A Ali-Family-iZ4 UP.A,max.( Public Ordinance#33-2001(8FI Addition)approved,but not shown on INS map edition F ? i Office �'water Pate:June 24,2Q-;a6 � Neighborhood Commercial i `€Right-of-lrwy Community Commercial _Chanhassen City limits 1� i i Guide Plan Map Twin City Co-ops Federal Credit Union West of T.H. 212, South of (Fountain Place, East of Columbine Road s Prairie:Center Drive � f.: ��� � .Fountain Place Columbine l�aad -_ ,._ru � x`� x�, 1 s fi r. 212/Fly ng Cloud Drive y }} i ip g � I! E , ur ,; r 1E z 3 � v r�l Anderson Lakes Parkway '> j Low Density Residential 0 Units/Acre Neighborhood Commercial - Principal Arterial Lox•DansitylPublicfOpen Space Community Commercial -A Minor Arterial Medium Density residential 2.5-10 Units/Acre Regional Commercial --B Minor Arterial ` 0 Medium Density Residential/Office Parktopen Space ®Major Collector r High Density Residential 10-40 Units/Acre PublictQuasi-Public -Minor Collector office Churcht Cemetary Officellndustrial openr water DAPS Apt otie l 09.18 oa OA*M nevc$0 0"7-try OfficelPubliclOpen Space Right-Of-Way Industrial Metropolitan Urban Service Line(MUSA) Creeks APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 11,2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road PLANNING COMMISION John Kirk, Vicki Koenig, Fred Seymour,Ray Stoelting, Jerry MEMBERS: Pitzrick, Frank Powell. Jon Duckstad, Peter Rocheford, and Jon Stoltz were absent from tonight's meeting. STAFF MEMBERS: Alan Gray, City Engineer,Regina Herron,Planner I, Scott Kipp, Senior Planner, Deb Sweeney,recorder. I. PLEDGE OF ALLEGIANCE --ROLL CALL Stoelting called the meeting to order at 7:00 p.m.Absent: Rocheford, Duckstad II. APPROVAL OF AGENDA MOTION: Koenig moved, seconded by Kirk, to approve the agenda as published. Motion carried 6-0. III. MINUTES Pitzrick corrected his comments on page 5, paragraph 4 to clarify that he"prefers duplexes without a basement as a first choice, or single family homes as a second choice." Pitzrick corrected his comments on page 8 to add paragraph noting he"questions a potential need for a third option for circulation in the MCA to accommodate Segways or other personal electric vehicles." MOTION: Koenig moved, seconded by Kirk,to approve the minutes of the August 28, 2006 meeting as published and amended. Motion carried 6-0. IV. PUBLIC MEETINGS V. INFORMATIONAL MEETINGS VI. PUBLIC HEARINGS A. VARIANCE#2006-09 (A continued public hearing) by Paul Thomas Vogstrom. Stoelting said the request is to permit a shore land setback variance from 150 feet to 100 feet at the northeast corner of the proposed structure. The property is located at 7887 Shamrock Trail. The proponent requests a continuance to the September 25, 2006 meeting. MOTION: Kirk moved, seconded by Koenig,to recommend a continuance to the September 25, 2006 meeting. Motion carried 6-0. B. TWIN CITY CO-OP FEDERAL CREDIT UNION by Twin City Co-op Federal Credit Union. Stoelting said this is a request 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 two lots. The site is located west of T.H.212, east of Columbine Road, and south of Fountain Place. Architect Jeff Pneupsen gave a brief overview of the project,reviewing the site plan and building elevations and sharing concerns about Staff recommendations. This would be a 5,900-square-foot, single-level building with no basement, housing a typical banking operation including a lobby,tellers, conference areas, and a four-lane drive-thru including ATM. Access would be a shared drive with the adjacent Office Max project, with the main entrance north toward Columbine Road. Pneupsen said that while the parcel was planned as retail with flat roofs, a financial institution requires a slightly different look. Twin Cities Co-Ops Federal Credit Union(TCU)would prefer a sloped roof. TCU has been operating in Eden Prairie since 1985, and this would be its first freestanding building here. The sloped roof helps establish a brand identity by mirroring elements from TCU's Coon Rapids site. Pneupsen showed elevations of both the sloped and flat roof. Both plans would use similar materials and colors as the rest of the development. Pneupsen noted the site is very low—the difference in elevation between the finished floor and the intersection is 16 feet. Pneupsen showed photos of the site with the two options superimposed. If a flat roof were used,the mechanical unit would be obvious from the intersection. A sloped roof would be more attractive and would allow some windows and eaves to be seen. The peak of the sloped roof is 30 feet (versus 20 feet for the flat roof)but no rooftop mechanicals would be visible with a sloped roof. Herron noted the project is an amendment to the Horizon Place Planned Unit Development requiring a waiver for a zero-foot setback to parking from the common lot line. No other waivers are required. The project is also part of the Foundation Place Planned Unit Development. The current elevations lack the detail of the Horizon Place and Fountain Place PUD's. Herron said the Commission's options were to approve the project as proposed, continue the hearing to give the proponent time to work with Staff on the architectural details, or to deny the project. Staff recommends continuance. There were no comments from the public. Powell asked how the building would look with the Office Max(not yet constructed)behind it. Continuity with Office Max is key. Herron said the Office Max would have a height of 29 feet. Pneupsen said the TCU building measures 30 feet 8 inches on the slope peak and 20 feet for the flat roof(with a 31-foot architectural element at the entrance). Herron said a parapet could easily be added to screen mechanical equipment and add height for visibility. Koenig noted the City requires screening for mechanicals and asked what was being shown in the photo. Pneupsen said the photo is still conceptual and just shows a typical size screen. The building does have a parapet. Kirk asked for clarification of the building's placement on the site. Herron said the rest of Horizon Place (the Office Max) is currently under construction to the southwest. Kirk said the road does provide a possible natural break in the development, but not if the Office Max mirrors Fountain Place, leaving the TCU building in the middle of two unified buildings. Herron said Office Max does play off the Fountain Place development. A flat roof for the bank would be a step in the right direction to promote consistency in the PUD. Stoelting asked for clarification on the two lots that form the development. Kipp said these two lots were part of the original Fountain Place PUD. The lots were approved for Office Max and a retail building. Both Fountain Place and Office Max were continued for architectural detail and significant horizontal and vertical elevation changes. Herron explained the original plan called for a 18,000-square- foot Office Max and an 11,000-square-foot retail strip building. Powell commented this new proposed use would create redundant parking. Green space or a rain garden could be added instead. Herron said revised plans do show a wide landscaped strip between the lots. Powell said looking at both projects simultaneously would be helpful. Kipp noted removing parking from the Office Max project could be difficult, as it has already been approved. Pitzrick said he favored the sloped roof. It would be bad design to have the same vertical design as the adjoining big box stores on this small building if you used a flat roof. The view from T.H. 212 is critical, and it would be difficult to screen a flat roof. The planned foundation plantings would look more natural with a sloped roof. The canopy over the drive-thru would also look unattractive with a flat roof. With a sloped roof,the drive-thru could pick up a Prairie School look with columns. More detail is needed on the elevations and there should be front- door architecture on all four sides of the building. Stoelting noted Office Max, Michaels, Sports Authority, and Home Goods all have flat roofs and create continuity on both sides of Foundation Place. He asked if there were a PUD for the whole area. Herron said this site was part of the Fountain Place PUD and then the Horizon Place PUD was created comprising the Office Max and a retail strip. The retail strip has now been replaced by the bank. Pitzrick agreed there is east to west continuity with major retail,but going perpendicular to T.H. 212,there are apartment complexes with sloped roofs, which could provide continuity. Koenig said residential architecture is a completely different issue and that using it as a basis for changing a retail design sets a bad precedent. The area is part of the MCA. Further development could make the bank stand out even more. Pitzrick argued the flat-roof design would stick out as well because it wouldn't fit the use or the site. Stoelting said he was not convinced which roof design was preferable,but wanted more continuity with Office Max since it is a shared drive. He suggested a continuance. Jim Chamberlain of TCU noted that from the corner of T.H.212 and Fountain Place,you see a huge senior housing complex with all sloped roofs. It is the Office Max and the other big box stores that are out of place—even with the architectural details,they still look like a box. TCU has the corner spot and wants a compelling building that is visually attractive. With 21 years in the community, TCU would like to stay in Eden Prairie. Pneupsen agreed that raising the parapet to 30 feet to match Office Max(an 18,000-square-foot building) or the originally planned 11,000-square-foot retail strip would create an undesirable silo effect on a 5,900-square-foot building. He would be happy to show more detail and work with Staff if the Commission thought it might be convinced to go with a sloped roof. Plantings could also be added. Office Max has already agreed to take a row of their parking for more green space. Banks almost always have"four fronts"and this project will too. Pneupsen was very open to more detail facing T.H. 212. He referenced a retail development off I-94 in Woodbury that is also sited lower than the road, and all you can see is rooftops. With the low site, it seems inevitable motorists would see the rooftop if a flat roof is used. Seymour said he liked the sloped roof better at first but the flat roof fits the whole context of the development better. A lot of thought went into the details during the PUD process to get a continuous-looking development. The sloped roof would look out of place between the two similar developments. Indeed, even a flat-roofed bank might look out of place due to its smaller size. The bank may not belong in that spot at all. Pitzrick asked if TCU might consider a 10,000 to 15,000-square-foot building that could be partially rented. Pneupsen said there would not be enough room for parking and TCU probably does not want to be a landlord. Kirk said it is important to have continuity,but Fountain Place provides a natural break. If there is continuity with Office Max, the project could work. Koenig agreed. Similar landscaping and rainwater gardens could also be a unifying element, including the border area with Office Max. Kipp said he could look at adding green space to the lot,but it would have to be designed to convert back to parking in the future. Landscaping could be easily converted but a rainwater garden that serves a functional purpose for drainage could be problematic. He expressed optimism that the plans could be modified to work with the site and the surrounding area. The original retail building for there was not designed to meet the Office Max look and was not very tall either. A continuance would give Staff time to discuss the PUD and TCU's branding needs with the proponent. Kipp noted other establishments such as Culvers and McDonalds have changed their normal architectural brand to fit in with Eden Prairie, so such changes are not unprecedented. Koenig said redevelopment in the MCA would require a close look at the architecture and landscaping of all projects to create a downtown feel. I trust staff to work with the developer to come up with a better project. Stoelting asked for review of the traffic patterns and safety. Pneupsen said the key issue in designing traffic flow through a bank is to separate drive-thru traffic from pedestrian traffic. Cars would enter through the shared entrance off Columbine Road and drive around to the south to get to the drive-thru(employee parking would also be located on that side). Member parking would be on the opposite side of the building well away from the drive lane and immediately outside the door. Koenig asked how traffic would be prevented from cutting through the lot rather than following the loop around to the drive thru. Pneupsen said there would be signage. In addition,the"cut-thru"drive lane is one way traffic compressed to 18 feet, so it would require drivers to swerve to go that way. This makes the correct route more obvious. Stoelting asked to see where the zero-foot setback waiver is. Herron pointed it out along the lot line between Office Max and the bank. There are no other waivers. Koenig asked what grounds there would be for denying the project. Kipp said the Commission could recommend denial of the project or direct the proponent to change it based on the waiver or architectural continuity throughout the PUD. Koenig commented the project might not fit the PUD. Stoelting recommended a continuance. MOTION: Kirk moved, seconded by Pitzrick,to recommend a continuance to the October 9, 2006 meeting and directed Staff and the proponent to review architectural consistency with the original PUD, looking at both sloped-roof and flat-roof alternatives and particularly showing architectural details with the Office Max development and sight lines from several different angles;to explore expanded green space or rainwater gardens in the buffer between the two parking areas to eliminate the zero lot line waiver, retaining the option to expand parking in the future, and to review the recommendations within the Staff report. Motion carried 6-0. VH. PLANNERS' REPORT Herron said the agenda for the next meeting would be the Public Hearing on Variance 2006-09 continued from tonight's meeting, and a discussion of the Comprehensive Plan Update. Franzen will inform Commission member regarding which sections of the guide plan will be discussed. VIIL MEMBERS' REPORTS Koenig said Commission members had stopped receiving copies of the City Council minutes and asked for the practice to resume. Kipp said they were not intentionally discontinued and he would look into it. Minutes are also available on the City website and the Council meetings are broadcast live. Powell said he would like to get the unapproved minutes soon after the Council meeting, since it is difficult not having the minutes when items are already being reported in the newspaper. Kipp said he would see if this could be arranged. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Koenig moved, seconded by Pitzrick,to adjourn the meeting. Motion carried 6-0. The meeting adjourned at 8:14 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 9,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad, John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting,Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig, Rocheford, and Seymour. IL APPROVAL OF AGENDA MOTION by Kirk, seconded by Pitzrick,to approve the agenda. Motion carried 6-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON SEPTEMBER 25,2006 MOTION by Pitzrick, seconded by Stoltz,to approve the minutes. Motion carried 4-0. Duckstad and Stoltz abstained. IV. PUBLIC MEETING V. INFORMATIONAL MEETINGS VI. PUBLIC HEARINGS Planning Commission Minutes October 6,2006 Page 2 A. OAK CREEK AT HENNEPIN VILLAGE by Hennepin Village Limited Partnership. Request for: Guide Plan Change from Public Open Space to Medium Density Residential on 3.1 acres and from Medium Density Residential to Public Open Space on 3.2 acres;Planned Unit Development Concept Review on 73.7 acres; Planned Unit Development District Review on 73.7 acres;Zoning District Change from Rural to R1-9.5 on 18.74 acres;Zoning District Change from Rural to R1-13.5 on 2.0 acres;Preliminary Plat of 73.7 acres into 96 lots and 6 outlots. The developer is asking for a continuance. This will allow time to complete the EAW process for reviewing road options. Franzen stated that the project would be continued until the March 12, 2007 meeting,to allow for the public review process. MOTION by Stoltz, seconded by Kirk, to continue this hearing to the March 12, 2007 meeting. Motion carried 6-0. B. WILLIAM SMALL PROPERTY by Pemtom Land Company. Request for: Zoning District Change from Rural to R1-13.5 on 5.01 acres; Preliminary Plat of 5.01 acres into nine lots and road right-of-way. The developer is asking for a continuance. This will allow time to complete the EAW process for reviewing road options. Franzen stated that the William Small project falls under the same process as Oak Creek and will be continued until the March 12, 2007 meeting. MOTION by Kirk, seconded by Stoltz,to continue this hearing to the March 12, 2007 meeting. Motion carried 6-0. C. VARIANCE#2006-12 by Elena Bates. Request for: To permit outdoor storage and display area for dogs outside a completely enclosed building;to permit a fence height of 8 feet, for dog enclosure. Location: 9051 Flying Cloud Drive. Elena Bates,project proponent for Camp Bow Wow,presented the proposal. She stated that there are two principles associated with Camp Bow Wow. The first one being the safety of the dogs. The second one would be a strong desire to be a good neighbor in the community. She gave a brief overview of Camp Bow-Wow, pointing out that this facility is both a doggy day care and an overnight boarding facility. She stated that Camp Bow Wow is a franchise with facilities located throughout the United States. She also pointed out that there would be one staff person per 15 dogs and that staff would be on site from 6:30 am to 7:00 pm. She also said that there would be at least one staff member present at all times when Planning Commission Minutes October 6, 2006 Page 3 the dogs are outside. Ms.Bates utilized the overhead projector to give an example of what the Camp would look like. She showed where the current facility would be located and that this Camp would need the two variance requests to make it operational. Ms. Bates stated that in regards to the first variance request,they require this space for the"pottying"of the dogs. She stated that there are alternatives to this concept; one would be to have the dogs go to the bathroom indoors, but she pointed out that if this were the case the surroundings become less sanitary and it often confuses the dogs. She also stated that without this outside area the dogs would not get the exercise that they would need, hence the staff would have to walk the dogs,which is not safe for them and most likely not conducive for the neighborhood. She pointed out that the outside area would be on the south and west side of the property and that she is asking for a little more than 1500 sq. feet. Ms. Bates also address some of the potential concerns that this Camp could bring about. The first concern would be that of noise; uncontrolled barking. She said that in regards to this concern, if a dog is barking uncontrollably,that is grounds to terminate attendance to the facility. She pointed out that the campers would be supervised at all times. The second concern would be that of cleanliness. In addressing this issue, she stated that waste would be continually removed and secondly,that there is a disinfectant product that would be used daily to eliminate odor. Ms. Bates addressed the second ordinance. She said that the request is for a fence height of 8 feet. This would ensure that the fence is high enough to prevent a dog from jumping over it;which would ensure dog safety. She pointed out that this fence would also eliminate some of the noise. The fence would be a white PVC fence,which is a type of fence that is more aesthetically pleasing. Stoelting asked Ms.Bates if she had a meeting with the neighbors in regards to this project. Ms. Bates stated that she has not meet with the neighbors as of yet. Stoelting asked Franzen to review the staff report. Franzen said that on page 3 of the staff report lists three choices for the commission and identified the impacts of outdoor storage and the eight foot high fence.He also explained the purpose of the industrial districts and why outdoor storage is not allowed in 1-2, but would be allowed in I-General. He added that there are areas of I-General where this use could locate. Franzen stated that John Blake, of the Aztec Town Office Park,wrote a letter to the City opposing this project. Stoelting opened the meeting up for public input. Manoj Moorjani, of 9008 Cold Stream Lane and Cheryl Edwards of 9079 Cold Stream Lane stated that they are at the meeting representing the residents of the area. Mr.Moorjani stated that they acquired a list of residents in the area that signed a petition opposing this project. He said the main reasons for opposition Planning Commission Minutes October 6, 2006 Page 4 would be the noise level and odors from the area. Ms. Edwards stated that she feels that this type of business is not appropriate for the area. Stoelting asked Mr.Moorjani how many people signed the petition. Mr. Moorjani stated that there were approximately 50 residents who signed the petition. Mike Lilja, owner of the business at 8953 Aztec, and Mel Schultz, manager at the Aztec Town Office Park presented their concerns. Mr. Lilja stated that this project sounds like a good business but is concerned with the noise it would generate. Mr. Schultz read a letter from the Aztec Town Office Park Association that basically opposed the project and felt that it was not a good fit for the area. Stoelting asked Mr. Schultz how many businesses signed off on the letter. Mr. Schultz stated that there were 10 of the 12 businesses that signed off on the letter. Jim Durda, of 9047 Cold Stream Lanes, stated that he has lived in this area for quite awhile. He pointed out that they are off the property line,but he feels that this business could impact their neighborhood property values. He said that he is also concerned with the predecessor of this project and that they might not take the care and precautions as Camp Bow Wow would. Mr.Durda also feels that the fence would act as an echo chamber for noise. Powell asked Ms. Bates who currently owns the property that Camp Bow Wow would be located at. Ms. Bates stated that his first name is Lou but the last name is unknown. She stated that Lou owns the Modern Auto Care building and is in alignment with Camp Bow Wow. Stoelting asked if there would be modifications to the building. Ms.Bates stated that there could possibly be a wall coming down, flooring changes and cosmetic changes. She also stated that they would be adding heating and air-conditioning. Powell asked Franzen if the auto business is considered commercial and if so why is it in industrial. Franzen stated that auto services can be placed on industrial districts, as well as commercial districts. Powell asked if this was in a commercial area,would the project proponent still need the two variance requests. Franzen stated that they would not. Franzen stated that if the proponent cannot have her business at this location there are other areas in Eden Prairie where it is permitted without variances. Pitzrick asked Ms. Bates what the capacity of the building would be. Ms.Bates stated that it is 5,000 sq. ft., giving 125 sq. ft.per dog, which they can then house approximately 40 dogs. Pitzrick stated that when he parked over by Rainbow Foods he could hear the dogs at Hound Dog Hotel. Ms. Bates stated that she has seen on two occasions that the dogs outside were not supervised. Planning Commission Minutes October 6, 2006 Page 5 Stoltz asked Ms. Bates why she had picked this location. Ms.Bates stated that she had a hard time finding a landlord for this type of facility and that Lou was very acceptable of this business. Stoltz asked Ms. Bates if this project was denied would it mean taking her business out of Eden Prairie. Ms. Bates stated that most likely it would mean moving her business out of Eden Prairie. Stoltz asked Ms. Bates if she would be willing to talk with the neighbors to address the issues brought forward in the meeting tonight. Ms.Bates stated that she definitely would talk with the neighbors and commented that if she could not change their minds then it would not be a good fit for the area. Stoltz stated that he has concerns for this business, only because of all of the opposition in the audience this evening. Duckstad asked Franzen if Ms. Bates is required to identify a hardship with the variance requests. Franzen stated that the Commission must also determine if a hardship exits. Duckstad stated that he does not feel that there is a hardship with these two variance requests and would be inclined to vote no. Stoelting asked Ms.Bates what she felt her hardship would be. Ms.Bates stated that the first hardship would be that within the City of Eden Prairie she has not found a land owner who would be willing to accommodate her business. The second hardship would be that she invested a great deal in Camp Bow Wow with purchasing the franchise and finding the area. Stoelting stated that there is neighborhood.opposition to this request. He also added that this variance request could be continued to a further meeting. Ms. Bates asked if the neighbors and businesses in the area would be willing to meet with her and they stated that even after meeting with her they would still strongly oppose the project. MOTION by Stoltz, seconded by Kirk,to close the public hearing. Motion carried 6-0. MOTION by Duckstad, seconded by Kirk,to deny the variance requests. Motion carried 6-0. Franzen stated that the Commission should modify the motion based on reasons for denial. MOTION by Duckstad, seconded by Kirk,to deny the variance request based on the following;to grant this would create a precedent for future requests,there has been no showing of hardship by applicant, and based on the facts tonight,the variance does not fit the parcel, it is too close the office and residential areas and would cause impacts that cannot be mitigated. Motion carried 6-0. D. TWIN CITY CO-OP FEDERAL CREDIT UNION by Twin City Co-op Federal Credit Union. Request for: Planning Commission Minutes October 6, 2006 Page 6 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; Preliminary Plat of 4.22 acres. Jeff Pflipsen, architect representing Twin City Co-Ops Federal Credit Union, presented the proposal. He said that in tonight's presentation he was going to show the combination of slop and flat roof options. He pointed out that they would be matching all of the colors of the adjacent buildings. He stated that Office Max is willing to work with them in regards to the expanded green space and rain garden issue. Mr.Pflipsen illustrated where the rain garden would be located by utilizing the overhead projector. Mr. Pflipsen also pointed out that the building is 16 feet lower than the intersection and by bringing in a sloped roof it would allow for more visibility for the building. Mr. Pfipsen stated that he would like the Commission to consider Option 1 in the staff report. Stoelting asked Franzen to review the staff report. Franzen stated that this would not be a question of which design would be better—pitched roof or flat roof,but which roof is consistent with the approved plan.From Staff point of view, based on consistency,Franzen stated that he would recommend the flat roof design. Stoelting opened the meeting up for public input. There was no input. Powell said that he agrees with Staff regarding the flat roof and feels that this is the way to go. He also asked if the common property line requires a zero lot line waiver. Franzen confirmed that is does require a zero lot line and both Office Max and the Credit Union would have to request a waiver and it would need to be granted to both of them. Pitzrick asked Mr.Pfipsen what he would do if the plan was denied. Mr.Pfipsen stated that he would be willing to redesign the project with a flat roof. Pitzrick stated that he would like to see consistency with this project and would like to see a design for a flat roof option. Pitzrick stated that if the slopped roof design is approved, he is concerned that this would set a precedent for future projects. Mr. Pfipsen stated that he would be willing to come back with a flat roof plan if that is what the Commission would want. Duckstad stated that the Commission should be making positive recommendations to project proponents. He is concerned that at times the. Commission could micro-manages projects. He stated that the Commission should be looking at individuality of projects that are brought before the Commission in good faith. Kirk stated that in regards to this project, he felt that there does need to be continuity with the project but that we also need to respect the project proponent Planning Commission Minutes October 6, 2006 Page 7 and their hard work on the project. At this point he said that he is leaning more towards continuity and would like to see a plan for a flat roof. Stoltz asked Mr. Pfipsen why he feels so strongly about the pitched roof design. Mr. Pfipsen stated that with the flat roofs,you tend to just see the flat roof tops and that it is not architecturally pleasing. Pitzrick asked if it was a flat roof design could it be a green roof. Mr. Pfipsen stated that they would have concerns going with a green roof and they were leaning more towards a white roof. Cindy Hartly, architect for the project, stated that they would be willing to continue the request to the October 23, 2006 meeting. MOTION by Kirk, seconded by Duckstad,to continue the request to the October 23, 2006 meeting and to revise the development plans according to the staff report and other requirements as identified by the Commission,which would be to present design alternatives for both a flat roof and sloped roof design. Motion carried 6-0. E. LOCK UP STOREAGE FACILITY by BRB Development LCC. Request for: Planned Unit Development Concept Review on 2.11 acres;Planned Unit Development District Review with waivers on 2.11 acres;Zoning District Change from Rural to Commercial Regional Service on 2.11 acres; Site Plan Review on 2.11 acres;Preliminary Plat of 2.11 acres into one lot. Peter Beck, of BRB Development, presented the proposal. Mr.Beck stated that there is a Lock Up Facility that his company owns that is currently in Plymouth. He pointed out that they have worked with Staff for months and that Staff has come up with three options that are listed in the Staff report. Mr. Beck stated that his company requests that the Commission would go with Option 1. He pointed out that that he feels that this project would be a good fit for the area. He also stated that the waivers requested are for floor area ratio and parking;which would be consistent with the plan. He utilized the overhead projector to illustrate the project and show the upgraded landscaping plan. Mr.Beck stated that in regards to Option 1,the coloring could be whatever the Commission desires. In regards to a decorative door, he felt that it would not fit into the commercial area. Mr. Beck said that in regards to more parking spaces,there would be 27 spaces that are in conjunction with the storage areas that are accessible from the outside. He said that in regards to a wetland buffer plan,they would be willing to work with Staff to come up with a plan. Stoelting asked Franzen to review the staff report. Franzen stated that there are three options in the staff report that the Commission needs to consider. Based on the presentation tonight, Franzen stated that the Staff recommends approval of the project. Planning Commission Minutes October 6, 2006 Page 8 Stoelting asked Franzen if he felt that the decorative doors would not fit in with the commercial area. Franzen stated the concern is to deemphasize the doors so that the building does not look like a warehouse. Stoelting opened the meeting up for public input. There was no input. Kirk stated that he was concerned that the building should look like a commercial building,hence the decorative doors, but that he would go along with Staff recommendation to leave that decision up to the architect. Kirk asked Franzen about the height standpoint and would it fit into the area. He also questioned the MCA requirements. Franzen stated there are three and four story buildings in the area. The MCA plan called for uses outside the town center to be less intense uses and lower traffic generators and the plan fits the MCA plan. Stoelting asked Franzen about parking and what were his thoughts about converting the garage stalls to parking stalls. Franzen stated there is room, without having to convert the garage stall for proof of parking. Kirk stated that he does not like the idea of using the garages for proof of parking and asked Mr. Beck if there were other alternatives. Mr.Beck stated that these are stalls for vehicle storage anyways to that they can be used for parking. MOTION by Kirk, seconded by Powell,to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Kirk,to approve the Planned Unit Development concept Review on 2.11 acres; Planned Unit Development District Review with waivers on 2.11 acres;Zoning District Change from Rural to Commercial Regional Service on 2.11 acres; Site Plan Review on 2.11 acres and Preliminary Plat of 2.11 acres into one lot based on plans stamped dated September 27, 2006, and the staff report dated October 6,2006. Motion carried 6-0. Powell amended the motion by adding that the project proponent would need to submit a proof of parking plan that is to be filed with the City and additional plans to include a landscaping plan. Kirk seconded the amendment to the original motion. Motion carried 6-0. VIII. PLANNERS' REPORT Franzen stated that the October 23, 2006 meeting will include the Guide Plan Update and a presentation of the parking study. IX. MEMBERS REPORTS Planning Commission Minutes October 6, 2006 Page 9 Stoltz stated he previously requested that the City Staff address the issue of rain gardens and asked if that has been planned for a meeting. Franzen stated that could be addressed at the November 13, 2006 meeting. X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION by Stoltz, seconded by Kirk, to adjourn the meeting. Motion carried 6-0. There being no further business,the meeting adjourned at 10:10 p.m. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 23,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad, John Kirk, Vicki Koenig, Jerry Pitzrick,Frank Powell,Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kirk and Pitzrick. II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Stoltz,to approve the agenda. Motion carried 7-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON OCTOBER 4.2006 MOTION by Stoltz, seconded by Powell,to approve the minutes. Motion carried 4-0. Koenig, Rocheford and Seymour abstained. IV. PUBLIC MEETING V. INFORMATIONAL MEETINGS VI. PUBLIC HEARINGS Planning Commission Minutes October 23, 2006 Page 2 A. TWIN CITY CO-OP FEDERAL CREDIT UNION by Twin City Co-op Federal Credit Union. Request 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; Preliminary Plat of 4.22 acres. Jeff Pflipsen, architect for Twin City Co-op Federal Credit Union, presented the proposal. He started out the presentation by stating that they have come to the meeting tonight with three different options to the proposal. He said that Option 1 is close to the original design. Option 2 is a hybrid option of a flat roof option and Option 1. Option 3 is a flat roof option, which he pointed out was requested at the last meeting. Mr. Pflipsen utilized the overhead projector to illustrate all three options. Mr. Pflipsen stated that he feels that Option 1 and 2 have a little better outlook from Highway 212 but that Option 3 turned out to be a little bit higher than expected and said because of that it would also fit in the area. He also said that they are planning to have rain water gardens, and will be working with Office Max to create this, along with parking issues and landscaping. Mr. Pflipsen stated that they will be working with the City and Office Max for cross- access easement. Mr. Pflipsen said that out of all three options,he felt that Option 1 would be the best choice for the area. Stoelting asked Franzen to review the staff report. Franzen stated that Staff recommends approval of Option 3, based on pages 2 and 3 of the staff report. Stoelting opened the meeting up for public input. There was no public input. Stoelting asked the Commission Members for their preferences. Stoltz stated that he liked Option 1, but in staying with the right fit for the area he would choose Option 3. Powell stated that he concurs with Stoltz. Seymour stated that his choice would be Option 3, as did Koenig. Duckstad stated that he liked Option 1, but would be willing to go with Option 3;Rocheford agreed with Duckstad. Stoelting pointed out that he liked the flat roof design. Koenig asked Franzen about the status of rain gardens on this property. Franzen stated that there is an agreement with both property owners to implement this and it will be included in the developer's agreement. Koenig asked if cash park fees are required and would it need to be put in motion. Franzen stated that he was unsure,but that it could be put in the motion. MOTION by Powell, seconded by Koenig,to close the public hearing. Motion carried 7-0. Planning Commission Minutes October 23, 2006 Page 3 MOTION by Koenig, seconded by Stoltz,to approve the Planned Unite 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 based on Option 3, flat roof,the staff reports dated September 8, 2006, October 6, 2006, and October 20, 2006 and plans stamped dated October 20, 2006, and the following conditions: that Staff determine if cash park fees are required. Motion carried 7-0. VII. GUIDE PLAN UPDATE Jeff Miller presented the Guide Plan Update on the following topics. • Light Rail Transit There is an Open House for Light Rail at Southwest Metro Station on November 2, 2006 from 4-7 pm. The light rail map shows route 3C serving Eden Prairie through Golden Triangle to Southwest Station. • Affordable Housing The Affordable Housing memo explains the difference between affordable housing as defined by Livable Communities and affordable housing for Guide Plan Update. Mr. Miller pointed out that the median family income in 2005 was $77,000. He stated that the future definition of affordable housing for the 2030 Comprehensive Plan Update process would change from 80%to 60%of the metro median family income. Mr.Miller stated that the final meeting for Affordable Housing will be November 14, 2006. Some of the key issues addressed at that meeting will be the following: 1. Monitoring and preserving existing affordable housing. 2. Shortage of affordable single-family detached homes. 3. Workforce housing. 4. Senior housing. 5. Distribution of affordable housing within the City and the impacts it will have on the schools. 6. Address the issue of"can your kids live in Eden Prairie". • SW Eden Prairie Neighborhood Commercial Study There are two questions. Is there a need for neighborhood commercial in SW Eden Prairie? If so, are there good locations for a neighborhood commercial Planning Commission Minutes October 23, 2006 Page 4 area? Five sites have been identified. Access and surrounding land uses will impact each site. Jeff Miller presented the five potential Neighborhood Commercial Sites. They are: l. Riley Lake Road and Pioneer Trail—4.4 acres 2. Dell Road and Pioneer Trail—5.7 acres 3. Marshall's Farm Market—3.6 acres 4. Grace Church—4-8 acres 5. Mitchell Road—8.6 acres The criteria that needs to be looked at to find the neighborhoods is: 1. Size/Orientation 2. Visibility 3. Access 4. Proximity to Neighborhood 5. Compatible/Supportive Land Uses In looking at neighborhoods and criteria,this is how the neighborhoods were rated: (the ratings ranged from poor to moderately poor to moderately good to good) Visibili - Riley Lake Road—poor Marshall's Farm Market and Grace Church—good Access- Riley Lake Road and Marshall's—moderately poor Dell Road and Grace Church—good Compatibility— Riley Lake Road—poor Dell Road and Marshall's Farm Market—good Size- Riley Lake Road and Dell Road—moderately poor Marshall's Farm Market—good Neighborhood—Riley Lake Road-poor Grace Church and Mitchell Road—good Stoelting asked how many options the City would be choosing. Franzen said that the City has not decided on a specific number of sites,but that would be determined after evaluating each site in more detail to see what could fit with proper buffering to the surrounding properties . They will decide what would be the best for the neighborhood areas. Planning Commission Minutes October 23, 2006 Page 5 Stoelting asked Franzen what direction the City needs from the Commission Members. Franzen stated before a public meeting is scheduled with area residents and property owners the staff and the commission need to narrow the number of sites to the best two or three. Stoelting clarified to the Commission that recommending 2 or 3 out of the 5 areas and getting neighborhood input would be the direction to go. Powell stated that all the sites should be changed to neighborhood commercial because in the future there would most likely be gas stations put on all of these sites. Rocheford agreed that just a few locations should be looked at, but that we should not assume that all of these sites would contain gas stations. Koenig believed that Riley Lake Road should be eliminated because of the proximity to the golf course and park. Seymour agreed with Koenig. There was a discussion among the Commission Members as to which sites to eliminate. It was agreed not to eliminate any this evening. Stoelting stated that with all the discussion this evening that the staff would come back and give recommendations as to what site(s)would be a good neighborhood commercial area. • Guide Plan Open House This is scheduled for November 16, 2006 in the Heritage Room of the City Center. VIIL PLANNERS' REPORT • Parking Study A. Franzen stated the Planning Commission should consider the report as a work in progress. The data provided so far suggests that less parking may work. Additional field work during the holidays is needed to look at peak parking demand. Parking lots that are not full during holiday peak is a clear indication that parking can be reduced without creating impacts such as parking in fire lanes,parking on commercial streets, or parking on residential streets next to neighborhood commercial sites. The staff is seeking your input to determine if we are headed in the right direction and if there are other items you feel should be included as part of completing the study. Meagan Beekman, Community Development Intern, gave the parking presentation. The purpose of the parking study is as follows: Planning Commission Minutes October 23, 2006 Page 6 1. Identify negative affects of both undersupply and oversupply of parking. 2. Use a multi-faceted approach. 3. Examine mixed use approach. 4. Find a way to address parking needs over time. 5. Address parking impact of restaurants on mixed uses. The City's current parking Code allows for: l. A graduated parking ratio for retail parking. 2. Restaurants are required to have one parking stall for every three seats. Ms.Beckman pointed out some of the problems with oversupply of parking; such as environmental issues, increased cost of project development and decreased property values. She also discussed the concept of shared parking and pointed out that it could be an appropriate alternative for MCA and Golden Triangle areas. Ms.Beckman stated that in comparison to some other cities around the area, such as Chaska, Chanhassen,Anoka, Woodbury, Edina, and Bloomington, it would appear that Eden Prairie has a higher parking ratio for retail uses and lower for restaurant uses. Ms. Beckman presented some of the following recommendations: 1. Retail should be reduced to five parking stalls per 1,000 sq. feet. and assume up to 49% restaurants. 0 2. At 50/o restaurants increase ratio to 5.5 stalls per 1,000 sq. feet. 3. In regards to stand alone restaurants, increase parking for restaurants of all types. As can be seen by the following: Type 1 - Fast Food type restaurants— 1 stall per 2 seats Type 2 - Restaurants that do and do not serve alcohol— 1 stall per 2.5 seats. Type 3 - Tavern/Entertainment type of establishments— 1 stall per 2 seats. Ms. Beckman pointed out that the majority of retail centers would not be affected by the change but rather new projects would more likely be affected. Stoelting stated that this concept would basically free up some land for additional uses, like rain gardens or more green spaces. Ms.Beckman confirmed Stoelting's comments and pointed out the following: Potential Benefits of Reduced Parking: g 1. Provides an area for rainwater gardens. 2. Provides an area for trails or sidewalks. 3. Provides an area for public art. 4. Create an economic benefit by allowing more building. Planning Commission Minutes October 23, 2006 Page 7 Stoelting asked Franzen what his opinion was on the parking situation in the City. Franzen pointed out that the City needs to make sure the number of parking spots is not reduced too low to make parking an issue. He added that whatever the parking number is and the accompanying rules it should be clear,not to require more staff time to enforce, and flexible enough for owners to lease space without having to review parking each time the uses in the building change. Janet Jerimiah stated that she wanted to offer her support for this project. She stated that currently the City is over parking retail and under parking restaurants. Koenig brought up the issue of looking at the parking issue by eliminating nurf gardens and implementing more rain gardens to save land. Franzen stated that concept could be a recommendation for the guide plan. Powell asked if there could be an incentive program for builders to use something else besides impervious road surfaces. Franzen stated that this would relate to water run-off and could be addressed in the future meeting that discusses rain water gardens. • Final Order Variance#2006-12 Camp Bow Wow Franzen stated that the Planning Commission must state in writing the reasons for denial at the time it denies the project. The correct procedure would be to adopt the final order and have it signed by the chair. This action can be accomplished at a subsequent meeting provided the 60 day review period has not expired and there is still time for the applicant to appeal the decision to the City Council and for the Council to hear the appeal. MOTION by Stoltz, seconded by Seymour,to adopt Final Order#2006-12. Motion carried 6-0. Koenig abstained. • November 13,2006 Agenda Franzen stated that this meeting will be about golf courses. He said that there will be 5 public hearings. The first hearing would be to consider amending the City's Comprehensive Land Use Guide Plan to create a new land use category called "Golf Course"and that Chapter 11 of the City code be amended to create a"Golf Course"zoning district. Franzen pointed out that these changes would provide consistency between the guide plan and zoning and allow only golf-course related development. Golf course related development 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. Planning Commission Minutes October 23, 2006 Page 8 Permanent or temporary residential use or transient hotel use would not be permitted. . He stated that the next four hearings are changing the City's Comprehensive Land Use Guide Plan designation for Bearpath,bent Creek, Olympic Hills and Glen Lake to Golf Course and rezoning each of the golf courses to GC-Golf Course. IX. MEMBERS REPORTS X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION by Koenig, seconded by Stoltz,to adjourn the meeting. Motion carried 7-0. There being no further business,the meeting adjourned at 9:56 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings and Meetings November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.C. Scott H.Neal, City Manager Public Meeting to Receive Input on Proposed LRT Alignments Requested Action: No formal action is requested at this time. Synopsis: The City Council asked staff to schedule a public meeting to receive public comment on the proposal to extend a Light Rail Transit line from downtown Minneapolis to Eden Prairie. Official notice of this public meeting was published in the Eden Prairie Sun Current on November 2, 2006. The specific proposal before the City Council is the Preliminary Recommendation and information that was presented by the HCRRA at a Public Open House at SouthWest Station on November 2, 2006. This public meeting is not a formal legal requirement of the State or the Hennepin County Regional Rail Authority. The purpose of the public meeting is to gather additional public comment on the project for the Council to consider prior to it deliberation of a proposal to formally endorse the project. A Resolution of Support for the LRT Project will be prepared for the City Council to consider in December. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 157667- 158263 Wire Transfers 2551 -2560 City of Eden Prairie Council Check Summary 11/14/2006 Division Amount Division Amount General 143,245 517 212/Charlson Intersection 2,062 100 City Manager 2,498 520 Parks Referendum 5,205 101 Legislative 1,361 522 Improvement Projects 2006 11,038 102 Legal Counsel 37,227 601 Prairie Village Liquor 170,492 104 Contingency 2,257 602 Den Road Liquor 253,363 110 City Clerk 132 603 Prairie View Liquor 152,154 III Customer Service 15,809 605 Den Road Building 20,165 112 Human Resources 15 701 Water Fund 86,345 113 Communication Services 2,986 702 Sewer Fund 4,367 114 Benefits&Training 7,444 703 Storm Drainage Fund 7,429 115 Risk Management 79,738 803 Escrow Fund 14,966 116 Facilities 36,979 806 SAC Agency Fund 24,800 117 City Center 122,871 807 Benefits Fund 453,401 130 Assessing 1,420 131 Finance 405 Report Totals 2,569,146 132 Social Services 42,069 133 Planning 384 134 Heritage Preservation 300 135 Information Technology 2,321 136 Wireless Communication 1,355 137 Economic Development 429 138 Community Development Admin. 138 150 Park Administration 351 151 Park Maintenance 22,777 153 Organized Athletics 5,857 154 Community Center 15,134 155 Beaches 450 156 Youth Programs 3,695 157 Special Events 967 158 Adult Recreation 3,786 159 Recreation Administration 1,473 160 Therapeutic Recreation 280 161 Oak Point Pool 5,992 162 Arts 2,237 163 Outdoor Center 2,335 164 Park Rental Facilities 110 180 Police 20,032 183 Emergency Preparedness 616 184 Fire 19,506 185 Animal Control 1,340 200 Engineering 1,393 201 Street Maintenance 67,076 202 Street Lighting 3,036 203 Fleet Services 42,476 301 CDBG 19,976 303 Cemetary Operation 8 308 E-911 1,481 309 DWI Forfeiture 6,000 314 Liquor Compliance 745 315 Economic Development 5,270 316 WAFTA 84 317 Eden Prairie Players 175 502 Park Development 6,531 503 Utility Improvement 24,186 506 Improvment Bonds 1996 15,908 509 CIP Fund 52,373 511 Construction Fund 100,582 512 CIP Trails 2,314 515 Fire Station#4 401,739 516 ADC PROJECT 3,686 City of Eden Prairie Council Check Register 11/14/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2551 218 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2552 85,682 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2553 11,337 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2554 17,011 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2555 87,220 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2556 27,962 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2557 143,479 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2558 1,773 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2559 3,175 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits 2560 17,819 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 157667 500 3RD LAIR SKATEBOARDING PARK Other Contracted Services Reserve 157668 6 ANKAM,ANAND Lessons&Classes Oak Point Lessons 157669 6 ASHTIANI,MOHAMMAD Lessons&Classes Oak Point Lessons 157670 3,181 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 157671 6 AUDETTE,JILL Lessons&Classes Oak Point Lessons 157672 85 BAKKE,KATHRYN S Special Event Fees Trips 157673 88 BINO,SUSAN Mileage&Parking Red Hat 157674 22 BRENNAN,JAMES AR Utility Water Enterprise Fund 157675 35 BRUENING,CHARLOTTE Program Fee Trips 157676 250 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 157677 5,000 CAVANAUGH,JOHN F Deposits Escrow 157678 35 CHRISTENSEN,MARGE Program Fee Trips 157679 6 DHARMADASA,NELUM Lessons&Classes Oak Point Lessons 157680 5 EDWARDS,DAPHNE Program Fee Outdoor Center 157681 286 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 157682 5,932 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing,Trans,&Human Sery 157683 100 JUMP-A-SOARUS Other Contracted Services Reserve 157684 6 KAMATH,DEEPAK Lessons&Classes Oak Point Lessons 157685 116 KRESS,CARLA Mileage&Parking Senior Center Administration 157686 75 LANE,SUE Memberships Community Center Admin 157687 59 LINDAHL,DAVID Mileage&Parking Economic Development 157688 6 MA,YING Lessons&Classes Oak Point Lessons 157689 6 MAKANI,FARHANA Lessons&Classes Oak Point Lessons 157690 35 MARQUARDT,ESTHER Program Fee Trips 157691 636 MPWA Conference Expense Engineering 157692 14 STREICHERS Equipment Repair&Maint Fleet Services 157693 140 UNIVERSITY OF MINNESOTA Conference Expense Engineering 157694 200 WONDERWEAVERS Other Contracted Services Reserve 157695 11,109 XCEL ENERGY Improvement Contracts Construction Fund 157696 209 EDEN PRAIRIE ROTARY CLUB Miscellaneous City Manager 157697 410 FSH COMMUNICATIONS LLC Telephone Miller Park 157698 400 KALLMAN,DANIEL Operating Supplies Community Band 1 _57699 153 KRAEMERS HARDWARE INC Supplies 1 Community enter Maintenance Supp es General Bldg ty C 157700 90 KRUEGER,MARK Operating Supplies Reserves 157701 24,552 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 157702 58 NEAL,SCOTT Miscellaneous City Manager 157703 5,395 NILSSEN,BETH Instructor Service Ice Arena 157704 635 PETTY CASH Mileage&Parking Water Distribution 157705 331 SEATON ROBYN g Supplies O eratin Arts Initiative P 157706 165 SECRETARY OF STATE Miscellaneous Economic Development 157707 1,776 SHERBARTH-LYNCH,SANDRA Instructor Service Tennis 157708 140 TAYLOR,SCOTT Mileage&Parking Fire 157709 1,590 US POSTMASTER-HOPKINS Postage Water Accounting 157710 463 WHITE,REBECCA Awards City Manager 157711 133 ZIEGLER INC Other Rentals International Festival 157714 492 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 157715 260 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 157718 6,947 BIFFS INC Waste Disposal Park Maintenance 157719 120 BOLD,PAULINE Instructor Service Outdoor Center 157720 20 CARVER COUNTY SHERIFF'S DEPART Tuition Reimbursement/School Police 157721 1,628 CENTERPOINT ENERGY Gas Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 157722 647 COSTCO Operating Supplies Fire 157723 136 CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 157724 135 DNR ENFORCEMENT FIREARMS SAFET Operating Supplies Outdoor Center 157725 100 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Communication Services 157726 434 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous City Council 157727 443 FEDEX KINKO'S OFFICE AND PRINT Printing Emergency Preparedness 157728 120 FRIENDSHIP VENTURES Other Contracted Services Police 157729 904 GE CAPITAL Other Rentals General 157731 2,273 GENUINE PARTS COMPANY Equipment Parts Fleet Services 157732 10 HASZ,MARLYS Program Fee Outdoor Center 157733 185 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 157734 100 KIM,YOUNG Facility Rentals Senior Center Administration 157735 10 LANTSBERGER KAY Program Fee Outdoor Center 157736 340 LEARNING RESOURCES NETWORK Dues&Subscriptions Parks Administration 157737 36 MAX,JENNIFER Lessons&Classes Pool Lessons 157738 23 MENARDS Operating Supplies Special Events Administration 157739 548 METRO SALES INCORPORATED* Other Rentals General 157740 1,144 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 157741 50 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 157742 1,966 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 157743 161 OLSEN,JAMES 0 Other Contracted Services Arts Initiative 157744 6 ORCHARD,JOAN Lessons&Classes Oak Point Lessons 157745 100 OTTERNESS,RON Instructor Service Outdoor Center 157746 36 PC MALL Miscellaneous Information Technology 157747 36 PLOSZAY,THOMAS AR Utility Water Enterprise Fund 157748 2,633 QWEST Telephone Sewer Liftstation 157749 6 REICHOW,JEAN Lessons&Classes Oak Point Lessons 157750 33 RENAISSANCE 1 DESIGN STUDIO Operating Supplies Arts Initiative 157751 9 SCHAD,CLAYTON Program Fee Classes/Programs/Events 157752 175 SCHULKE,REED Dues&Subscriptions Eden Prairie Players 157753 205 SCOTT COUNTY Deposits Escrow 157754 35 SHIMANSKI,BERMA Program Fee Trips 157755 6 SOLHEID,JOSEPH Lessons&Classes Oak Point Lessons 157756 5 WAGNER,JUDY Program Fee Trips 157757 28,053 XCEL ENERGY Electric City Hall-CAM 157758 94 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 157759 32 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 157760 6,977 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 157761 8,623 DAY DISTRIBUTING Wine Domestic Den Road Liquor Store 157762 5,230 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 157763 192 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 157764 1,327 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 157765 14,342 GRIGGS COOPER&CO Wine Imported Prairie View Liquor Store 157767 33,331 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 157768 649 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store 157769 10,190 MARK VII Beer Den Road Liquor Store 157770 789 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 157771 964 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 157772 4,758 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store 157773 17,659 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 157774 244 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 157775 15,828 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 157776 93 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 157777 948 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 157778 10,971 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 157779 13,353 THORPE DISTRIBUTING Beer Prairie View Liquor Store 157780 108 VINOCOPIA Wine Imported Den Road Liquor Store 157781 403 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 157782 1,759 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 157783 3,866 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 157784 292 WINE SOURCE INTERNATIONAL Wine Domestic Den Road Liquor Store 157785 209 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 157786 17 A TO Z SOUTHWEST RENTAL Small Tools Water System Maintenance 157787 126 ABRAMSON,JEFF Facility Rentals Oak Point Operations 157788 46 ADZICK,GEORGE Program Fee Classes/Programs/Events Check# Amount Vendor/Explanation Account Description Business Unit 157789 17 BROOKS,NANCY Lessons&Classes Oak Point Lessons 157790 127 BUCA Operating Supplies Fire 157791 123 GOODWIN,MATTHEW Other Contracted Services Teen Work Program 157792 50 HOEDEMAN,LEAH Program Fee Playgrounds 157793 190 LUKE,TRACY Travel Expense Police 157794 600 REESE,TIMOTHY J Other Contracted Services Heritage Preservation 157795 82 SEATON,ROBYN Operating Supplies Special Initiatives 157796 233 STANDAL,JOHN Deposits Escrow 157797 44 STUEBER,HARLAND Program Fee Classes/Programs/Events 157798 12 TRACH,ELLIOT Program Fee Winter Skill Development 157799 103 WEMYSS,SCOTT Operating Supplies Fire 157800 377 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 157801 406 WORRE,ERIC AR Utility Water Enterprise Fund 157802 28 AMERICAN MESSAGING Pager&Cell Phone Water System Maintenance 157803 53 AMERICAN WATERWORKS ASSOCIATI Training Supplies Utility Operations-General 157804 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store 157805 401,739 CM CONSTRUCTION COMPANY INC. Building Fire Station#4 157806 1,000 COMMERCIAL PARTNERS TITLE ISUR Land Parks Referendum 157807 6,875 CORNERSTONE Other Contracted Services Housing,Trans,&Human Sery 157808 520 EDEN PRAIRIE ABC FOUNDATION Conference Expense City Manager 157809 282 EDEN PRAIRIE ROTARY CLUB Advertising Den Road Liquor Store 157810 1,296 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 157811 203 FASTSIGNS Operating Supplies Ice Arena 157812 214 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 157813 103 KRAEMERS HARDWARE INC Auto Repair&Maint. Water Distribution 157814 35 MENARDS Operating Supplies Street Maintenance 157815 100 MGWA Conference Expense Water Distribution 157816 175 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 157817 11,331 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 157818 105 MTI DISTRIBUTING INC Equipment Parts Fleet Services 157819 35 NELSON,DOREEN AR Utility Water Enterprise Fund 157820 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 157821 80 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 157822 32 QUICKSILVER EXPRESS COURIER Other Contracted Services Elections 157823 6,966 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 157824 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery 157825 25 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 157826 37 STATE OF MINNESOTA Operating Supplies Fleet Services 157827 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 157828 3,000 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery 157829 185 TIMMER,RUTH ANN Memberships Community Center Admin 157830 8 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 157831 82 WAHLEN,RICK Mileage&Parking Utility Operations-General 157832 34 WILSON,CATHERINE AR Utility Water Enterprise Fund 157833 360 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 157834 679 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Fire Station#2 157835 12 AKHTAR,MOIZ Program Fee Leisure Education 157836 5,119 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 157837 20 DEM CON LANDFILL LLC Waste Disposal Park Maintenance 157838 373 DMX MUSIC Other Contracted Services Den Road Liquor Store 157839 456 ENTERTAINMENT PUBLICATIONS INC Deposits Escrow 157840 1,499 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 157841 50 KIRBY,MELANIE Program Fee Outdoor Center 157842 100 LOFRANO,TAMMY Tuition Reimbursement/School Fitness Classes 157843 1,078 MEDICINE LAKE TOURS Special Event Fees Trips 157844 1,389 PARK NICOLLET CLINIC Other Contracted Services Risk Management 157845 12 PEARSON,ELLEN Program Fee Leisure Education 157846 68 PETTY CASH-EPCC Mileage&Parking Community Center Admin 157847 176 VERIZON WIRELESS Telephone Water Distribution 157848 12 WEBER,ANNETTE Program Fee Leisure Education 157849 7,922 WHEELER LUMBER LLC Improvements to Land Capital Impr./Maint.Fund 157850 73 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 157851 12 WIVELL,CHERI Program Fee Leisure Education 157852 19,067 XCEL ENERGY Electric Traffic Signals 157853 117 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 157854 102 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 157855 4,988 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 157856 10,703 DAY DISTRIBUTING Beer Prairie Village Liquor Store 157857 2,356 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 157858 970 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 157859 12,137 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 157860 1,005 HOHENSTEINS INC Beer Prairie Village Liquor Store 157861 10,807 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 157862 21,710 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 157863 8,953 MARK VII Beer Den Road Liquor Store 157864 301 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 157865 291 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 157866 75 PAT KERNS WINE MERCHANTS Wine Domestic Den Road Liquor Store 157867 5,110 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 157868 70 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 157869 18,980 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 157870 228 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 157871 18,093 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 157872 345 SHAMROCK GROUP,INC-ACE ICE Misc Taxable Prairie View Liquor Store 157873 548 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 157874 12,632 THORPE DISTRIBUTING Beer Den Road Liquor Store 157875 1,021 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 157876 3,392 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 157877 3,058 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 157878 226 Z WINES USA LLC Wine Imported Den Road Liquor Store 157879 370 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 157880 7 ASSOCIATED MECHANICAL CONT.IN Cash Over/Short General Fund 157881 150 BOLD,PAULINE Instructor Service Outdoor Center 157882 81 CARVER COUNTY TREASURER Licenses&Taxes WAFTA 157883 91 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance 157884 498 DEPARTMENT OF COMMERCE Abandoned Property General Fund 157885 26 ERICKSON,MARK AR Utility Water Enterprise Fund 157886 250 FOX,STU Instructor Service Outdoor Center 157887 125 FRANZEN,JAMES Tuition Reimbursement/School Police 157888 91 GE CAPITAL Other Rentals General 157889 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 157890 198 GREY HOUSE PUBLISHING Dues&Subscriptions City Council 157891 171,973 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 157892 4,000 HENNEPIN COUNTY ATTORNEY'S OFF Miscellaneous DWI Forfeiture 157893 96,787 HENNEPIN COUNTY TREASURER-TARP Licenses&Taxes Den Bldg.-CAM 157894 728 METHODIST HOSPITAL Other Contracted Services Risk Management 157895 68 MTI DISTRIBUTING INC Equipment Parts Fleet Services 157896 20 OLSEN,JAMES 0 Operating Supplies Winter Theatre 157897 481 OLSON,DAVID J Other Revenue General Fund 157898 54 PARK NICOLLET CLINIC Other Contracted Services Risk Management 157899 231 PAULSON,KIRBY Clothing&Uniforms Street Maintenance 157900 8,628 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 157901 7,570 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 157902 59 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 157903 8,000 PROP Other Contracted Services Housing,Trans,&Human Sery 157904 275 RICHARDS,BRIAN Other Contracted Services Pool Special Events 157905 181 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management 157906 217 STEARNS COUNTY SHERIFF'S DEPAR Deposits Escrow 157907 100 STITELER,SHARON Instructor Service Outdoor Center 157908 2,000 TREASURY DIVISION,FINANCE Miscellaneous DWI Forfeiture 157909 129 UPS Equipment Repair&Maint Water Metering 157910 206 WASTE MANAGEMENT-BURNSVILLE LA Waste Disposal Park Maintenance 157911 102 WIGHT,FREDERICK AR Utility Water Enterprise Fund 157912 450 BATTERY TECH INC Equipment Parts Fleet Services 157913 900 CARLSON,DAN Travel Expense Police 157914 87 CINGULAR WIRELESS Pager&Cell Phone Police 157915 78 COSTCO Operating Supplies Fire 157916 271 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 157917 51 CULLIGAN BOTTLED WATER Operating Supplies Fire 157918 900 DEMANN,JIM Travel Expense Police Check# Amount Vendor/Explanation Account Description Business Unit 157919 350 ECOLAB INC Contract Svcs-Pest Control Community Center Maintenance 157920 780 EDEN PRAIRIE FIRBFIGHTER'S REL Union Dues Withheld General Fund 157921 95 EDEN PRAIRIE LANES Special Event Fees Teen Programs 157922 42 FLARE HEATING Mechanical Permits General Fund 157923 682 GREATAMERICA LEASING CORP. Other Rentals General 157924 37,227 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 157925 1,672 HEALTHPARTNERS Employee Assistance Organizational Services 157926 50 HENNEPIN COUNTY FIRE CHIEF ASS Dues&Subscriptions Fire 157927 2,578 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 157928 1,020 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Ice Arena Maintenance 157929 5 HOUSE,JUDY Program Fee Outdoor Center 157930 1,250 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 157931 351 METRO FIRE Protective Clothing Fire 157932 119 METRO SALES INCORPORATED* Office Supplies Police 157933 428 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 157934 50 MINNESOTA CHAPTER IAAI-J SCHAD Dues&Subscriptions Fire 157935 19 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 157936 14 NORTHERN TOOL Operating Supplies Park Maintenance P g Pp 157937 37 PARK NICOLLET OPTICAL Protective Clothing Fire 157938 745 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 157939 35 PRENTICE,JACALYN Program Fee Outdoor Center 157940 180 QWEST Telephone Sewer Liftstation 157941 91 R&R SPECIALTIES OF WISCONSIN Conference Expense Ice Arena Maintenance 157942 991 SINELL,STEVE Travel Expense Assessing 157943 407 SPRINGER,KIP Fire Prevention Supplies Fire 157944 53 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM 157945 35 VERIZON WIRELESS Pager&Cell Phone Police 157946 44 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 157947 572 VON HANSON'S MEATS Operating Supplies Fire 157948 89 WOLF CAMERA Office Supplies Park Maintenance 157949 74 XCEL ENERGY Electric Prairie View Park 157950 3 AIR MASTERS INC Cash Over/Short General Fund 157951 300 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 157952 16,556 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 157953 85 GE CAPITAL Other Rentals General 157954 66 HAFNER,JULIE Open Fees Ice Arena 157955 70 KARST,JOAN E Miscellaneous Capital hnpr./Maint.Fund 157956 36 MLODOZYNIEC,CALLA Lessons&Classes Oak Point Lessons 157957 344 PITNEY BOWES INC Postage General 157958 77 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 157959 60 VERJZON WIRELESS Pager&Cell Phone Information Technology 157960 24 WARNER,DORIS&ALVA Program Fee Classes/Programs/Events 157961 39 WENTZEL,BARB Lessons&Classes lee Arena 157962 1,137 A TO Z RENTAL CENTER Capital Under$2,000 Park Maintenance 157963 1,154 ANCHOR PRINTING COMPANY Printing Sunbonnet Days 157964 434 ATHLETICA Advertising Park Acquisition&Development 157965 811 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 157966 90 BCA/TRAINING&DEVELOPMENT Tuition Reimbursement/School Police 157967 4,120 BRENT ANDERSON CONSULTING Merchandise for Resale Water Metering 157968 126 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Traffic Signals 157969 600 BROWN,PAUL Other Contracted Services Touch Football 157970 741 BRYAN ROCK PRODUCTS INC Gravel Sewer Utility-General 157971 24 CATCO PARTS SERVICE Equipment Parts Fleet Services 157972 1,684 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails 157973 989 CORPORATE EXPRESS Office Supplies General 157974 4,842 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 157975 483 D'AMICO AND SONS Miscellaneous City Council 157976 756 DOHERTY,SANDRA L Other Contracted Services Volleyball 157977 30 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development 157978 104 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Lighting 157979 225 ENVIRONMENTAL RESOURCE ASSOCIA Laboratory Chemicals Water Treatment Plant 157980 277 ESCH CONSTRUCTION SUPPLY INC Equipment Repair&Maint Park Maintenance 157981 176 FALCK,TIMOTHY R Other Contracted Services Softball 157982 17 FASTENAL COMPANY Lubricants&Additives Fleet Services 157983 132 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 157984 29 FERRELLGAS Lubricants&Additives Fleet Services 157985 51 FERRELLGAS Repair&Maint.Supplies Water System Maintenance 157986 225 FISK,APRIL Other Contracted Services Volleyball 157987 198 FOOTE,BRIAN R Other Contracted Services Softball 157988 313 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Water Treatment Plant 157989 63 FORSBERG,JEFF Other Contracted Services Softball 157990 110 GARDEN&ASSOC INC Other Contracted Services Police 157991 30 GRAINGER Small Tools Fleet Services 157992 612 GRAPHIC SOURCE INC Operating Supplies Reserve 157993 624 HACH COMPANY Laboratory Chemicals Water Treatment Plant 157994 1,438 HANSEN THORP PELLINEN OLSON Improvement Contracts Utility Improvement Fund 157995 4,755 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 157996 15 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 157997 651 HENRY,PAUL Other Contracted Services Volleyball 157998 181 RULES,JILL Operating Supplies Fire 157999 360 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 158000 33 ICI DULUX PAINT CTRS Equipment Repair&Maint Traffic Signals 158001 436 IDENTIX INCORPORATED Operating Supplies Police 158002 149 INTERSTATE BATTERY SYSTEM OF M Equipment Parts Fleet Services 158003 5 J H LARSON COMPANY Operating Supplies Street Lighting 158004 104 JENKINS,JOEL S Other Contracted Services Softball 158005 502 KEEPERS Clothing&Uniforms Fire 158006 381 KUSTOM SIGNALS INC Equipment Parts Fleet Services 158007 876 LAVAN FLOOR COVERING Building Repair&Maint. Utility Operations-General 158008 508 MASTER SPRINKLER SYSTEMS Other Contracted Services Park Maintenance 158009 1,558 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Sewer System Maintenance 158010 117 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 158011 1,644 MINNESOTA ATHLETIC Clothing&Uniforms Fire 158012 213 MINNESOTA REVENUE Licenses&Taxes Fleet Services 158013 42 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 158014 68 MTI DISTRIBUTING INC Equipment Parts Fleet Services 158015 4,600 NAS RECRUITMENT COMMUNICATIONS Other Contracted Services Organizational Services 158016 341 NRG PROCESSING SOLUTIONS Landscape Materials/Supp Park Maintenance 158017 50 O'REILLY AUTO PARTS Equipment Parts Fleet Services 158018 450 PAUTZ,ROGER Other Contracted Services Summer Skill Development 158019 51 PETSMART Canine Supplies Police 158020 307 PIRTEK PLYMOUTH Repair&Maint.Supplies Water Treatment Plant 158021 115 PUBLIC SAFETY TRAINING CONSULT Tuition Reimbursement/School Police 158022 2 QUALITY FLOW SYSTEMS INC Other Contracted Services Sewer Liftstation 158023 271 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 158024 3,481 SOUTHWEST SUBURBAN PUBLISHING- Advertising Community Center Admin 158025 196 SPORTS WORLD USA INC Merchandise for Resale Concessions 158026 3,397 SIZE CONSULTING GROUP INC Improvement Contracts Park Acquisition&Development 158027 43 STANTON GROUP Office Supplies General 158028 191 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 158029 332 STRAND MANUFACTURING CO INC Equipment Repair&Maint Sewer Liftstation 158030 370 STREICHERS Clothing&Uniforms Police 158031 37 TAHER INC CATERING Other Contracted Services Communication Services 158032 1,108 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 158033 2,700 TREE TRUST Improvements to Land Park Acquisition&Development 158034 1,582 TUSHIE MONTGOMERY ARCHITECTS Building Den Road Building 158035 176 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 158036 217 UNIFORMS UNLIMITED Clothing&Uniforms Police 158037 850 UNITED RENTALS Equipment Parts Sewer Utility-General 158038 364 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 158039 197 WALSER CHRYSLER JEEP Equipment Parts Fleet Services 158040 506 WIGLEY AND ASSOCIATES Software Information Technology 158041 819 WORK CONNECTION,THE Other Contracted Services Park Maintenance 158042 35 WORLDPOINT ECC INC Safety Supplies Fire 158043 672 ZABRANSKY,LAELA Other Contracted Services Volleyball 158044 250 TOTAL ENTERTAINMENT Operating Supplies Halloween Party 158045 76 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 158046 308 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 158047 165 ACTION PLUS SPORTSWEAR Operating Supplies Fitness Classes 158048 1,250 ADOLPH KIEFER Clothing&Uniforms Riley Lake Beach Check# Amount Vendor/Explanation Account Description Business Unit 158049 125 AFFILIATED EMERGENCY VETERINAR Other Contracted Services Animal Control 158050 176 AUS COFFEE Merchandise for Resale Concessions 158051 3,164 ALBECK GERKEN INC Design&Engineering Construction Fund 158052 2,936 ALTERNATIVE BUSINESS FURNITURE Capital Under$2000-Gen Bldg Furniture 158053 48 AMERICAN RED CROSS Recreation Supplies Pool Lessons 158054 754 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 158055 193 ANCHOR PRINTING COMPANY Printing Police '158056 670 AQUA ENGINEERING INC Grounds Maintenance Utility Operations-General 158057 2,807 ASPEN EQUIPMENT CO. Other Rentals Park Maintenance 158058 383 AUDIOVISUAL INC Video&Photo Supplies Communication Services 158059 3,360 B REIL CONCRETE LLC Other Contracted Services Rehab 158060 302 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 158061 622 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Center Operations 158062 975 BLOOMINGTON,CITY OF Kennel Services Animal Control 158063 719 BOYER TRUCKS Equipment Parts Fleet Services 158064 1,195 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 158065 289 BRO-TEX INC Safety Supplies Fleet Services 158066 30 CATCO PARTS SERVICE Equipment Repair&Maint Fleet Services 158067 3,870 CDW GOVERNMENT INC. Other Hardware Capital Impr./Maint.Fund 158068 31,544 CENTURY FENCE Contracted Striping Traffic Signs 158069 418 CHRISTIANSEN,MIKE Other Contracted Services Softball 158070 7,117 CIVIC SYSTEMS LLC Computers Capital Impr./Maint.Fund 158071 2,130 CLAREYS INC Safety Supplies Utility Operations-General 158072 93 COLLEGIATE PACIFIC Recreation Supplies Volleyball 158073 76 CONNEY SAFETY PRODUCTS Office Supplies General 158075 3,867 CORPORATE EXPRESS Office Supplies General 158076 14,379 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 158077 85 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 158078 1,707 DECORATIVE DESIGNS INC Contract Svcs-Garden Rnr/Caf. City Hall-CAM 158079 537 DELEGARD TOOL CO Equipment Parts Fleet Services 158080 1,497 DELL Computers Information Technology 158081 5,127 DENIO DAWN Other Contracted Services Rehab 158082 537 DIRECT SAFETY CO Operating Supplies Utility Operations-General 158083 24,303 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center 158084 11,061 DORSEY&WHITNEY LLP Deposits Escrow 158085 1,550 DUNSMORE ASPHALT INC Other Contracted Services Rehab 158086 1,116 EARL F ANDERSEN INC Operating Supplies Traffic Signs 158087 93 ECOLAB INC Contract Svcs-Pest Control Utility Operations-General 158088 250 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Lighting 158089 463 EHLERS&ASSOCIATES INC Deposits Escrow 158090 557 ELECTRIC MOTOR REPAIR INC Supplies-General Bldg Fire Station#3 158091 1,116 EMMONS&OLIVIER RESOURCES INC Other Contracted Services Storm Drainage 158092 87 FASTENAL COMPANY Improvements to Land Capital Impr./Maint.Fund 158093 22,953 FINLEY BROS INC Improvements to Land Capital Impr./Maint.Fund 158094 915 FLEET MAINTENANCE INC Equipment Testing/Cert. Fleet Services 158095 54 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 158096 1,449 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 158097 770 GARAGE DOOR GUY,THE Other Contracted Services Rehab 158098 180 GERTENS Landscape Materials/Supp Park Maintenance 158099 754 GRAINGER Cleaning Supplies Utility Operations-General 158100 181 HACH COMPANY Laboratory Chemicals Water Treatment Plant 158101 6 HANCE ACE HARDWARE Equipment Parts Fleet Services 158102 5,066 HANSEN THORP PELLINEN OLSON Design&Engineering Parks Referendum 158103 242 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 158104 16,963 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 158105 13,028 HAWKINS INC Treatment Chemicals Water Treatment Plant 158106 344 HAYDEN-MURP14Y EQUIPMENT COMPAN Equipment Parts Fleet Services 158107 63 HOLMES,DAVE Other Contracted Services Basketball 158108 772 HOLMES,JOHN CARTER Other Contracted Services Volleyball 158109 702 HOLMES,TOM Other Contracted Services Volleyball 158110 293 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 158111 9 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 158112 604 IND SCHOOL DIST 272 Printing Reserve 158113 134 ITRON INC. Equipment Repair&Maint Water Metering 158114 209 JOB WELDING Other Contracted Services Street Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 158115 558 JOHN HENRY FOSTER MINN ESOTA IN Maintenance Contracts Water Treatment Plant 158116 3,831 KEEPERS Clothing&Uniforms Police 158117 595 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 158118 458 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 158119 3,686 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT 158120 340 LANO EQUIPMENT INC Other Rentals Storm Drainage 158121 105 LESCO INC Repair&Maint.Supplies Storm Drainage 158122 3,675 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Fleet Services 158124 1,579 MENARDS Repair&Maint.Supplies Storm Drainage 158125 500 METRO CONCRETE RAISING INC Contract Svcs-Asphalt/Concr. City Hall-CAM 158127 2,746 MINNESOTA ATHLETIC Clothing&Uniforms Fire 158128 107 MINNESOTA CONWAY Operating Supplies Fire 158129 172 MINNESOTA UC FUND Unemployment Compensation Organizational Services 158130 415 MTI DISTRIBUTING INC Equipment Parts Fleet Services 158131 85 NATIONAL WATERWORKS/HUGHES SUP Repair&Maint.Supplies Park Maintenance 158132 67 NFPA Fire Prevention Supplies Fire 158133 11,502 NORTH AMERICAN SALT CO Salt Snow&Ice Control 158134 112 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 158135 762 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 158136 900 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 158137 1,031 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Utility Operations-General 158138 208 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 158139 78 OLSEN COMPANIES Operating Supplies Engineering 158140 83 PAM OIL INC Equipment Parts Fleet Services 158141 9,143 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 158142 530 PARTEK SUPPLY INC Operating Supplies Street Maintenance 158143 2,204 PENN ARMS INC Capital Under$2,000 Police 158144 329 POLY-TEX INC Landscape Materials/Supp Park Maintenance 158145 19,536 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 158146 12 PRECISION SMALL ENGINE REPAIR Equipment Parts Fleet Services 158147 323 PROFORMA Printing Communication Services 158148 63 PUSH PEDAL PULL Repair&Maint.Supplies Fitness Center 158149 225 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 158150 46 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 158151 198 RANDY'S BOBBY&STEVE'S AUTOWO Equipment Repair&Maint Police 158152 8,780 RENEWAL BY ANDERSEN Other Contracted Services Rehab 158153 595 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance 158154 196 S&S WORLDWIDE Recreation Supplies Oak Point Lessons 158155 10 SCHARBER&SONS Equipment Parts Fleet Services 158156 36,368 SHORT ELLIOTT HENDRICKSON INC Improvement Contracts Infiltration/Inflow Study 158157 354 SMITH,NADIA NAJARRO Other Contracted Services Police 158158 665 SNAP-ON TOOLS Small Tools Fleet Services 158159 6,238 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 158160 69 STERLING FENCE INC Repair&Maint.Supplies Park Maintenance 158161 514 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plant 158162 3,747 STREICHERS Equipment Parts Fleet Services 158163 1,074 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 158164 175 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 158165 91 SUN NEWSPAPERS Legal Notices Publishing City Clerk 158166 220 TIMM,KEVIN Other Contracted Services Softball 158167 385 TWIN CITY FILTER SERVICE INC Operating Supplies Utility Operations-General 158168 128 TWIN CITY OXYGEN CO Fire Prevention Supplies Fire 158169 522 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 158170 32 UNIFORMS UNLIMITED Clothing&Uniforms Police 158171 341 UNITED RENTALS HIGHWAY TECHNOL Operating Supplies Traffic Signs 158172 123 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 158173 94 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 158174 7,860 WALL TRENDS INC Other Contracted Services Capital Impr./Maim.Fund 158175 559 WATSON CO INC,THE Merchandise for Resale Concessions 158176 216 WAYTEK INC Repair&Maint.Supplies Water Metering 158177 4,717 WERNER ELECTRIC SUPPLY CO. Process Control Equipment Water Treatment Plant 158178 227 WESTSIDE EQUIPMENT Equipment Testing/Cert. Fleet Services 158179 85 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg City Hall-CAM 158180 3,985 WM MUELLER AND SONS INC Sand Snow&Ice Control 158181 2,260 WORK CONNECTION,THE Other Contracted Services Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 158182 476 WUTTKE,TRAVIS Landscape Materials/Supp Street Maintenance 158183 151 ZACKS INC Operating Supplies Park Maintenance 158184 338 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services 158185 309 ZIEGLER INC Equipment Parts Fleet Services 158187 340 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 158188 384 ADAMS,BETSY Conference Expense Planning 158189 76 BECKER DAVE Tuition Reimbursement/School Police 158190 919 BOSACKER,MIKE Tuition Reimbursement/School Organizational Services 158191 1,028 BOUND TREE MEDICAL LLC Safety Supplies Fire 158192 50 CAMPOS,LORI Instructor Service Outdoor Center 158193 10,612 CARDMEMBER SERVICE Tuition Reimbursement/School Police 158194 3 CARVER COUNTY TREASURER Other Contracted Services WAFTA 158195 40 CORDES,JEFFREY Instructor Service Outdoor Center 158196 61 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 158197 34 DISH NETWORK Cable TV Community Center Admin 158198 144 KRAEMERS HARDWARE INC Fire Prevention Supplies Fire 158199 109,733 LEAGUE MN CITIES INS TRUST Prepaid Expenses General Fund 158200 294 MALONE,TOM Instructor Service Preschool Events 158201 903 MAROTTA,VIC Instructor Service Summer Skill Development 158202 1,535 METRO SALES INCORPORATED* Other Rentals General 158203 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 158204 40 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 158205 89 PETTY CASH-EPCC Mileage&Parking Community Center Admin 158206 335 QWEST Telephone Telephone 158207 50 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 158208 8 VERIZON WIRELESS Pager&Cell Phone Fleet Services 158209 68 WEIDENFELLER,GIN Operating Supplies Preschool Events 158210 183 WERTS,SANDY Mileage&Parking Arts 158211 169 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 158212 28 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 158213 8,423 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 158214 6,516 DAY DISTRIBUTING Beer Prairie View Liquor Store 158215 32 DTM DISTRIBUTING INC Misc Taxable Den Road Liquor Store 158216 2,983 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store 158217 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 158218 544 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 158219 616 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 158220 1,021 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 158221 19,773 GRIGGS COOPER&CO Wine Domestic Prairie Village Liquor Store 158222 7,363 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 158224 44,350 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 158225 351 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 158226 12,594 MARK VII Beer Prairie View Liquor Store 158227 901 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 158228 640 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 158229 60 PAT KERNS WINE MERCHANTS Wine Imported Den Road Liquor Store 158230 3,111 PAUSTIS&SONS COMPANY Mise Taxable Prairie View Liquor Store 158231 27,260 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 158232 2,849 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 158233 15,482 QUALITY WINE&SPIRITS CO Wine Imported Prairie View Liquor Store 158234 398 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 158235 1,382 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store 158236 23,802 THORPE DISTRIBUTING Beer Prairie View Liquor Store 158237 476 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 158238 372 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 158239 2,505 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 158240 4,387 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 158241 317 WINE SOURCE INTERNATIONAL Liquor Prairie Village Liquor Store 158242 1,385 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 158243 4,525 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 158244 5,365 BRAUN INTERTEC CORPORATION Testing-Soil Boring Construction Fund 158245 54 BRO-TEX INC Safety Supplies Fleet Services 158246 1,070 EARL F ANDERSEN INC Signs Traffic Signs 158247 1,109 G.F.JEDLICKI INC Improvement Contracts Storm Drainage 158248 1,506 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects Check# Amount Vendor/Explanation Account Description Business Unit 158249 4,986 IND SCHOOL DIST 272 Gym Rental Basketball 158250 341 J H LARSON COMPANY Operating Supplies Street Lighting 158251 437 LANO EQUIPMENT INC Other Rentals Street Maintenance 158252 67,559 LEAGUE MN CITIES INS TRUST Prepaid Expenses General Fund 158253 197 LOCATORS&SUPPLIES INC Equipment Parts Fleet Services 158254 226 MENARDS Small Tools Water Metering 158255 81,856 MIDWEST ASPHALT CORPORATION Improvement Contracts Construction Fund 158256 558 MTI DISTRIBUTING INC Equipment Parts Fleet Services 158257 5,196 NORTH AMERICAN SALT CO Salt Snow&Ice Control 158258 923 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 158259 578 PEPSI COLA COMPANY Merchandise for Resale Concessions 158260 1,430 PERNSTEINER CREATIVE GROUP INC Other Contracted Services Community Brochure 158261 345 PICKLE,BRAD Operating Supplies Fitness Classes 158262 2,100 SPIRIT APPAREL&STUFF Operating Supplies Fitness Classes 158263 568 WATSON CO INC,THE Merchandise for Resale Concessions 2,569,146 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager November 14, 2006 DEPARTMENT/DIVISION. ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Resolution approving submission of application Scott H.Neal, City Manager seeking control over advanced life support services Requested Action Move to adopt the Resolution directing staff to proceed with submission of an application seeking municipal control over advanced life support services within the city of Eden Prairie. Synopsis This resolution is an expression of the City Council's support for the City to submit an application to the EMSRB seeking municipal control over the provision of Advanced Life Support services within Eden Prairie. This resolution directs staff to proceed with the preparation and submission of the application. Staff will outline the application process for the City Council at the November 14 Workshop. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA RESOLUTION NO.2006- DIRECTING STAFF TO PROCEED WITH THE SUBMISSION OF AN APPLICATION SEEKING MUNICIPAL CONTROL OVER ADVANCED LIFE SUPPORT SERVICES WITHIN THE CITY OF EDEN PRAIRIE WHEREAS,the City Council of the City of Eden Prairie desires to have control over how Advanced Life Support service is provided to the citizens of Eden Prairie;and WHEREAS,the City of Eden Prairie should be allowed to control Advanced Life Support services as it is allowed to control how other Public Safety Services are provided; and WHEREAS,the City Council desires to proceed with the administrative process outlined in State Statutes to acquire control over the provision of Advanced Life Support services within the corporate limits of the City. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie directs City staff to proceed with the preparation and submission of an application to the Emergency Management Services Regulatory Board which seeks to acquire municipal control over the provision of Advanced Life Support services within the corporate limits of the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 14th day of November, 2004. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director November 14, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Robert A. Lambert, Director Private Encroachment on Public Property Parks and Recreation Requested Action Move to: Request City staff inspect approximately 25%of park and conservation boundaries each year to ensure no private encroachment on public land beginning in 2007. Synopsis At the September 19 Council meeting, several residents who reside on the north shore of Rice Marsh Lake adjacent to Rice Marsh Lake Conservation Area,request the City Council make an exception to the City ordinance and them to continue mowing up to approximately 60 feet of park land between their lots and Rice Marsh Lake. At that meeting,the City Council requested the Parks,Recreation and Natural Resources Commission to consider this request and determine if the City Council should modify the current ordinance that does not allow any private encroachment on public land. At the October 2 meeting,the Parks,Recreation and Natural Resources Commission made the following motion: The motion was made by Napuck, seconded by Elliot-Stoering to recommend to the City Council that they actively investigate and enforce encroachment violations. Mackay suggested that they recommend that the boundary lines be reviewed every four years and that the City Council approve funding for this endeavor. Moriarity said it would be good to send a policy recommendation to the City Council and to reaffirm a zero tolerance policy on encroachment. Furthermore,the City Council should institute a public education and compliance program to ensure that there are no future encroachments and to fund this program.There should be no exceptions to the code and/or policy: Amended Motion:Napuck amended her motion to recommend that the City Council should not revise the ordinance that prohibits private use of public property and to recommend that the City Council institute an encroachment compliance policy that actively investigates and enforces encroachment violations.Elliott-Stoering seconded the amended motion.Vote was called on the amended motion with all members present voting aye. The amended motion carried,8-0. Motion: Motion was made by Napuck, seconded by Moriarity,to recommend that the City Council fund a seasonal staff position to assist the Forestry Division in inspecting 25 percent of park and conservation boundaries each year. The motion carried,8-0. Private Encroachment on Public Property November 14, 2006 Page 2 Background Attached to this memorandum is a copy of the October 2 memorandum from staff to the Parks, Recreation and Natural Resources Commission as well as a copy of the October 2 minutes summarizing the discussion held at the Parks, Recreation and Natural Resources Commission meeting. Since the October 2 meeting, City staff have determined that there are numerous other encroachment violations along the north shore of Rice Marsh Lake, including removal of significant vegetation, and trees, construction of retaining walls on public property,and dumping of grass clippings, tree trimming, etc. on public property (see attached photos). Furthermore, it is clear that the adjacent property owners have ignored the request to discontinue mowing on public property, as lawns have continued to be maintained well on to public property.As recently as the week of October 23, there was a private lawn company aerating and fertilizing the `lawn area' on public property. It is clear that at least some of these property owners intend to continue mowing the sodded lawn area on public property in this location and maintaining it as a private lawn. The City Council, Planning Commission, and Parks, Recreation and Natural Resources Commission that made the initial decision to require the developer to keep rear lot lines well away from the lake had good reason to want to maintain a natural vegetation barrier well back from the lake shore in order to protect this natural water body from fertilizers that would runoff in to the lake. The reasons for protecting this lake have not changed over the last fifteen to twenty years. Staff would recommend removing this sodded area and re-establishing native vegetation on public park land wherever it has been removed. Ordinarily staff would recommend that this be a cost that would be borne by the adjacent property owners; however, it is unclear whether or not the current property owners, previous property owners, or the builders of these lots cleared this land and sodded this area of public property. Therefore, staff recommend the City initiate this process next spring. Attachments October 2, 2006, memorandum to Parks, Recreation and Natural Resources Commission October 2, 2006, minutes from Parks, Recreation and Natural Resources Commission meeting pages 7—9 Photos of private encroachment on public property north of Rice Marsh Lake To: Parks, Recreation and Natural Resources Commission From: Robert Lambert,Director of Parks and Recreation Date: October 2, 2006 Subject: Discussion Regarding Private Encroachment on Public Property Requested Action Move to: Discuss and consider whether or not the City Council should revise the ordinance that prohibits private use of public property. Synopsis The City Council requested the Parks,Recreation and Natural Resources Commission and the Conservation Commission consider whether or not the City should change the ordinance that prohibits private use of public property. Prior to the September 19 meeting, several residents who reside on the north side of Rice Marsh Lake adjacent to the Rice Marsh Lake Conservation Area spoke to the City Council about a letter they received from City staff notifying them that they were encroaching on City conservation land. They noted that seven property owners were notified that they were mowing on City property and were requested to stop mowing City property and allow that property to return to its natural condition. They noted that the developer of their lots had placed sod on the City-owned land and had indicated to them that it was alright to mow that property. They indicated that there was no boundary marker to distinguish where City land began. Their request was that the City allow them to continue mowing that property rather than"letting the property grow up to weeds". Background The seven property owners in that location are mowing 40-feet to 60-feet on to City park land. One of the property owners has extended landscape rock,etc.on to park property, another has had a trampoline on park property, and several others are docking their boats or canoes on park property. Boundary markers were placed on the property at the time of development but have since been removed. The City Council has asked both the Parks,Recreation and Natural Resources Commission and the Conservation Commission if the City should reconsider the existing ordinances which do not allow any trespass of this sort on public property. City staff believe that it would be extremely difficult to begin a subjective decision process that would allow some people to mow on City park or conservation land, while prohibiting others.At this time,the only waiver from this ordinance is the requirement of the City to mow right-of-way property in front of private property or the request of the City to have neighbors mow up to City trails for trails that run between homes,because there is private property on both sides of the trail outlot. These are the only exceptions to the existing ordinance. Discussion regarding Private Encroachment on Public Property October 2, 2006 Page 2 Concerns The concerns City staff have with allowing exceptions to the ordinance are that once people begin to mow public property,then it is not long before they also want to trim trees or shrubbery on public property to improve views,which then can extend to removing trees or shrubbery to improve views. Also, when people begin to mow public property and treat it like their own lawn,they begin to use it like their lawn as well. It is not long before other"improvements"begin cropping up on these extended or expanded lawns. The improvements include retaining walls to"protect the runoff'that begins occurring when the natural vegetation is removed. Other"improvements"are typical backyard uses such as gardens, storage sheds,playground equipment, etc. Once the boundaries of City land become blurry, because of"reasonable exceptions"no one will know what is public land and what is private land. The public paid for the acquisition of this land so all residents could utilize this property. Once individuals begin to expand their backyard for"improving the public land"that land is taken away from public use. As minor as mowing a few feet of public land might seem, it is still an encroachment that soon becomes much more than mowing a few feet. City staff strongly encourage the Parks, Recreation and Natural Resources Commission and the Conservation Commission to send a strong message to the City Council that property lines need to be maintained and protected between private and public property as much as between private properties. Recommendation City staff have seen a rapidly growing trend of private encroachment onto public property over the last few years. In fact, when residents are notified by letter that they have encroached on public property and are requested to restore public property to its original condition,they are offended by the notice and in some cases have demanded an apology from staff for sending such a letter. Staff believe that the City should begin a much more aggressive program of monitoring City park and conservation boundaries, clearly marking those boundaries and restoring public land to its original purpose. Too often staff have heard the excuse that"I have been doing this on this property for over ten years, so what's the big deal". As long as the City continues to take the position that we only address these issues on a complaint basis or when we find them in the field for another reason(such as determining who owns a diseased elm tree),this issue will grow even more rapidly. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION October 2, 2006 Page 7 Napuck suggested they wait until they receive information back from the Heritage Preservation Commission as to what might be an appropriate name. Bierman said he felt the information included in the Commission's agenda material from Strate was very informative. He pointed out that there are three things about this park that stand out for him: 1)the prairie reflects the community and surrounding environment; 2) preserve work has been done in terms of rehabilitation and has been outstanding, and 3)the park does have a connotation of recreation, relaxation and enjoyment. Bierman said these three ideas present a combination of names that could be used. They include Prairie Park Preserve or Prairie Reserve Park. This name captures where they have been and where they are going.He also suggested Prairie Lake Park which would be very appropriate. Mackay said he feels it is appropriate to separate the park from the preserve since the wetland appears to be a separate area.Brill suggested they consider naming it Prairie Lake Park or Prairie Lake Conservation Area. Jacobus said he would prefer that they not give the area two different names.He suggested they have one name for the entire complex. Jeff Strate, Eden Prairie resident, suggested that they think about a name for the long-term. That area of Eden Prairie will be different and this area may be the central park for the City. Memorial Park does not describe this wonderful area as it is today and as to what it will be in the future. They could call the entrance Memorial Plaza or Memorial Way. Brill suggested that they table this item for a month to give them an opportunity to think about names and to also receive input from the Heritage Preservation Commission. C. DISCUSSION REGARDING PRIVATE ENCROACHMENT OF PUBLIC PROPERTY Lambert explained that the City Council requested the Parks Commission to consider whether or not the City should change the ordinance that prohibits private use of public property. Several residents spoke to the City Council about a letter they received from City staff notifying them that they were encroaching on City conservation land. Their request was that the City allow them to continue mowing that property rather than"letting the property grow up to weeds". Lambert stated that staff feels that insidious creep into City park land causes the danger of losing that land and the City should not be giving it away. There are so many issues when you start playing with property lines. There have been instances where homeowners have put recreational pieces of equipment on City property. The City is responsible should someone get hurt on that property. Brill said he is sure there are numerous violations out there. The big question is what is the City prepared to do.How do they enforce this?Elliott-Stoering said they need to be consistent and not allow the encroachment at one location but allow it at another.They should not micro manage.If there is a specific rule it should be consistently carried out. She asked if they are talking about a specific area or about encroachment as a whole. Lambert responded that the City's ordinance now requires stop mowing. The City Council has asked that this Commission look at the ordinance to determine whether or not it should PARKS, RECREATION AND NATURAL RESOURCES COMMISSION October 2, 2006 Page 8 be changed to allow mowing on some park land. Lambert said staff is recommending that the Commission send a message back to the City Council stating that they do not support any encroachment on public property. It would be difficult to write an ordinance that would be fair to everyone. Lambert suggested that the Commission also recommend that the City hire someone to walk the park boundaries every four years and mark them. They have to start to enforce this ordinance and not wait until the encroachment is brought to the City's attention. Lambert said they have to do a better job of educating the public about encroaching on City property. In response to a question from Moriarity, Lambert explained that as the ordinance is currently written, vegetation cannot be removed from the park property. The resident is notified that they must cease and desist and remove any personal property and restore the site to its original condition. Bierman asked if the property in question is a trail and if the public has access to it. He suggested that if the City does not need the property they consider putting a price on it and sell it to the adjoining property owners. This would be a way to generate some revenue to purchase other land people would be able to use and to make that land more productive. This could be done on a case-by-case basis. Fox explained that this easement is a buffer along the lake and to preserve that corridor. They have since turned that easement into lawns and that is against what was intended. This property does have public value but the public value has gone away because it has been turned into lawns. Lambert pointed out that the buffer was intended to keep the lawns that have fertilizer away from the lake. Motion: Motion was made by Napuck, seconded by Brill,to recommend that the City Council revise the ordinance that prohibits use of public property to uniformly prohibit any encroachment on public land and implement an encroachment policy clearly defining the process of removing the encroachment and remedies that will apply in the event the encroachment is not removed. Lambert explained that there is an existing ordinance that allows the City to address the encroachment issue right now. They don't need a motion to change that ordinance. He suggested that the Commission recommend to the City Council that they simply change the existing policy of not aggressively administering the protection of City property lines and that they institute a compliance program that would require an inspection of boundary lines each year. Napuck withdrew her motion with Brill withdrawing his second. Motion: Motion was made by Napuck, seconded by Elliott-Stoering,to recommend to the City Council that they actively investigate and enforce encroachment violations. Mackay suggested that they recommend that the boundary lines be reviewed every four years and that the City Council approve funding for this endeavor.Moriarity said it would be good to send a policy recommendation to the City Council and to reaffirm a zero tolerance policy on encroachment. Furthermore,the City Council should institute a public PARKS, RECREATION AND NATURAL RESOURCES COMMISSION October 2, 2006 Page 9 education and compliance program to ensure that there are no future encroachments and to fund this program. There should be no exceptions to the code and/or policy. Amended Motion: Napuck amended her motion to recommend that the City Council should not revise the ordinance that prohibits private use of public property and to recommend that the City Council institute an encroachment compliance policy that actively investigates and enforces encroachment violations.Elliott-Stoering seconded the amended motion. Vote was called on the amended motion with all members present voting aye. The amended motion carried,8-0. Motion: Motion was made by Napuck, seconded by Moriarity,to recommend that the City Council fund a seasonal staff position to assist the Forestry Division in inspecting 25 percent of park and conservation boundaries each year. The motion carried,8-0. IX. NEW BUSINESS A. PROPOSED EMPLOYEE DISCOUNT FOR COMPANIES DONATING TO THE COMMUNITY CENTER IMPROVEMENT PROJECT AND/OR THE THIIW RINK PROJECT Lambert reported that staff has been looking at the fund raising efforts for the third ice rink. Some companies are asking what incentive there would be for them to contribute to this project.Although the City has not determined what Community Center memberships and daily use fees will be once the facility is upgraded, City staff is recommending that the City provide some type of incentive to contributors through the Community Center memberships. These incentives would help those people trying to raise funds for the third ice rink. In response to a question from Bierman,Lambert explained that this proposal allows non Eden Prairie resident employees to purchase membership at Eden Prairie rates and the 25 percent discount would be for the first full year of operation after the Community Center improvements are completed.Elliot-Stoering said the advantage would be that you would have people joining the Community Center who would normally not do so.Napuck asked how you would monitor employees that leave a company. Lambert said they would have to do an audit at the end of the year. Mackay said if 1,000 people from a company join the Community Center,there may be a problem for those Eden Prairie residents that want to use the facility. Lambert said they see the biggest issue as being able to generate a sufficient number of memberships. Motion: Motion was made by Brill, seconded by Barrett,to recommend the City Council approve a 25 percent discount on annual residential memberships for all employees of companies that donate $50,000 or more to the Eden Prairie Community Center improvement project and/or the third rink project for the first full year of operation after the Community Center improvements are completed; and to provide those same companies with a complimentary Corporate Membership for the life of the naming rights.A Corporate Membership would allow all of that company's employees to be charged the same rate as �, _. , � �s rMF � "� 1 �3.� `r� Mom, ,• w� �' �• ,z�. 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