Loading...
HomeMy WebLinkAboutCity Council - 10/03/2006 AGENDA 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 Sweeny I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. REPORT ON CITY RESPONSE TO THE SENIOR ISSUES TASK FORCE RECOMMENDATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 3, 2006 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER_3,2006 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF WOODLAND 3ra ADDITION C. ADOPT RESOLUTION APPROVING FINAL PLAT OF BROOKVIEW RIDGE D. APPROVE LICENSE AGREEMENT WITH T-MOBILE FOR SENIOR CENTER TELECOMMUNICATIONS INSTALLATION E. ADOPT RESOLUTION AUTHORIZING EXECUTION OF THE 2006 CDBG SUBRECIPIENT AGREEMENTS F. ADOPT RESOLUTION AWARDING CONTRACT FOR LONE OAK CENTER TRAFFIC SIGNAL TO BEC INC.,I.C. 06-5675 CITY COUNCIL AGENDA October 3, 2006 Page 2 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 APPROVING APPOINTMENT OF ELECTION/ STUDENT ELECTION JUDGES FOR THE GENERAL ELECTION K. AMEND DEVELOPMENT AGREEMENT FOR WOODLAND 2ND ADDITION TO BE ENTITLED "DEVELOPMENT AGREEMENT— WOODLAND 3 ADDITION" AND AMEND THE LEGAL DESCRIPTION TO "LOT 1,BLOCK 1,WOODLAND 3 ADDITION" VIII. PUBLIC HEARINGS /MEETINGS IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Comments on Proposed EQB Amendments D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL AGENDA October 3, 2006 Page 3 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT I� AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, OCTOBER 3,2006 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 SCHOOL BOARD: Chair Jill Scholtz, Vice Chair Greg Olson, Treasurer Carol Bomben, Clerk Ann Haines, and Directors Phil Rose, Jan Eian, and Jim Mortenson SCHOOL STAFF: Superintendent Melissa Krull Heritage Room H I. JOINT MEETING WITH THE EDEN PRAIRIE SCHOOL BOARD Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT CITY COUNCIL AGENDA DATE: SECTION: Presentations October 3, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: W.A. Housing&Human Services, Report on City Response to the Senior Mary Keating Issues Task Force Report Recommendations Synopsis Mary Keating will provide an overview of the draft report of the City's Responses to the SITF Recommendations. Council will have the opportunity to comment on the report and ask questions. Senior Issues Task Force members have been invited to attend and will be prepared to answer questions from Council. The final report will be presented to Council for approval in October. Attachments Draft Report on the City's Responses to the SITF Recommendations SITF Report Executive Summary City Response to the Senior Issues Task Force Report (Draft - September 2006) loll 1 DEMOGRAPHICS RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. (There were no recommendations in the Demographics Section of the 1996 report.) 1. The Seniors Issues Task Force recommends that detailed demographics updates be conducted every 1 to 2 years,with appropriate adjustments to projections. The number of variables and the rapid community changes such as major new transportation systems necessitate updates to this report more frequent than every decade. Demographic reports are readily available from 1 � � P P several sources other than, but not exclusive of the U.S. Census. Status of 2005 Recommendation: The Planning Department updates total population numbers for Eden Prairie yearly.The primary source of more in-depth demographic information is the Federal Census taken every ten years and updated to provide more detailed information and population analysis as it becomes available.The cost of a separate City census and analysis would not be cost effective and would require additional staff in the Planning Department. 2. There needs to be increased efforts to measure the new immigrant population with special attention to non-English speaking senior populations. Cultural lifestyles and intergenerational living practices are difficult to measure but critical to planning for needs in several areas of this report. Status of 2005 Recommendation: The cost of census type surveys is prohibitive.Through the City's Office of Housing and Human Services outreach efforts and those of the local schools and service agencies,we are learning more and more as a community about the various cultures and lifestyles of our newest residents. The Human Services Technician of the Office of Housing and .Human Services has made this information available to the community in public forums, presentations to church organizations and service providers. The City, where appropriate, will include this information in future planning. Unfortunately, the federal government admits that immigrants and people of color were Euldercounted in the recent census due to several issues including a lack of understanding as to what the census is and mistrust of governments because of past experiences in their countries of origin. The census data does not accurately reflect this population. 2 HOUSING RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. 1. * Continue to encourage a spectrum of senior-friendly and senior accessible housing opportunities with each new residential development, including apartments. This recommendation has been met. Continue to encourage development that is senior friendly. Support economic development and redevelopment around current senior residences that alleviates the senior's need to drive. Status of2005 Recommendation: The Major Center Area Study helps address this recommendation with a plan to redevelop a central area of Eden Prairie with high density, mixed use housing and retail on the first floors. Sidewalks and transit from existing and future senior housing will provide easy access to shops and services. Green space, benches and good lighting will make the area attractive, safe and convenient. This environment will make driving unnecessary in many instances and will be a positive development for all residents in the area,but particularly for those who do not drive. 2. * Maintain contacts with developers in order to achieve more affordable housing units, researching available programs and funds for reducing or buying down construction costs for this target population.This may involve higher densities and different manufacturing techniques. This recommendation has been met. Continue to partner with private developers and government agencies to develop more affordable senior friendly housing options. Status of 2005 Recommendation: The City participates in the Metropolitan Council's Livable Communities Program which makes the City eligible to receive grants to help ensure that most housing developments in the City will include at least 1.5 to 20 percent affordable units. Additional govemment.prograrns available to developers, including Section 8 and Section 42, will.also help to ensure that affordable units will continue to be available. All construction will be monitored and inspected by City staff and will.meet or exceed State of Minnesota building codes to ensure safety and quality. In July of 2006, a process of inspections and licensing will begin for all rental dwelling units to ensure properties are well maintained and safe. The City is updating its Twenty Year Comprehensive:Plan which will include plans:for more affordable housing in the future. An"Affordable Housing Focus Group"has been created to provide input on this topic and includes senior.representatives. 3. * Use full authority of Eden Prairie's Housing and Redevelopment Authority and other government agencies to support development of elderly housing. Subsidized rental units, such as those available in the H.U.D. complex called Edendale, are highly desirable. This recommendation has not been met 3 Offer incentives for the development of mixed use residences within walking distance of senior friendly retail. Mixed use residences are defined as high density housing with first level retail which takes into account seniors needs. Status of 2005 Recommendation: Due to the increasing numbers of seniors, referred to as the "baby boom."phenomenon.,the market will.ensure that seniors with middle .incomes or higher will have choices in the kind of housing they desire for their retirement. Developers are already exploring options with the City. Transportation trends(e.g. congestion and high fuel costs)the cost of land and an aging population are just a few of the factors driving developers to build higher density and mixed use housing/retail. Surveys have shown that citizens desire a town center area that encourages walking to shops and services.The Major Area Center recommendations are based on this town center model. Retail below housing will offer convenient access to basic services and stores. The City's commitment to affordable housing and developer's access to federal and local incentives will help ensure that seniors with a limited income will have opportunities to live in Eden Prairie. 4. * To help the City Council and Planning Commission track the City's progress toward its affordable housing goals,regular reports, e.g. quarterly should be made that review total housing units authorized in the quarter and cumulative for the year, and affordable housing units authorized for the same time frames. Unable to ascertain whether this goal has been met at this time. Establish an annual public reporting requirement to track the City's progress toward affordable housing goals. The parties receiving the report should include;the City Council,the Office of Housing and Human Services, City Department Managers, and other interested City entities. Status of 2005 Recommendation: The Office of Housing and Human Services tracks the number of affordable housing units in the City on a regular basis and will make that report available to all interested parties on a yearly basis. 5. * Continue to support H.O.M.E and other programs that help the elderly remain in their homes. This recommendation has been met. Continue to support programs that help the elderly remain in their homes using grants, private sector partnerships, and a centralized information source. Status of 2005 Recommendation: The market place is already developing a wide range of senior"fee for service programs"to meet the needs of this growing population. These programs are designed to assist people to remain in their homes as independently as possible. Services include housekeeping.grocery shopping,personal care and yard work. Many seniors prefer to move in their retirement years to housing situations that are smaller and do not require yard work, shoveling snow or home repairs.The new town center concept will be an ideal choice for this group. The in-home services mentioned will continue to be available and subsidized by the City to ensure access for low-income seniors."Sliding fee schedules", based on the user's income, are used by many providers to keep services available and affordable for everyone. This could help to keep the programs affordable. The City has finnded senior programs such as the H.O.M.E.,Meals on Wheels and Senior Outreach for many years. As our senior population continues to grow,the City's Human Services Review Committee will continue its' work of identifying gaps in service in the community and recommending 4 appropriate funding to maintain services or fund new programs to meet senior's needs. In addition, Hennepin County offers free services for those seniors that meet low-income guidelines. 6. * Continue to offer seminars,programs, and classes to respond to economic situations affecting elderly, i.e. reverse mortgages, lifestyle opportunities, available assistance, etc. This recommendation has been met Recommend that the city continue to offer seminars and classes through the use of the Senior Center and by partnering with area providers. The goal of partnering is to minimize duplication and keep costs reasonable. Status of 2005 Recommendation: The Senior Center will continue to respond to senior's requests for seminarslworisho s on topics of interest to them. As Eden Prairie changes,the q p p g , Supervisor of the Senior Center is reaching out to the staff of new senior housing developments to plan, coordinate and co-sponsor programs. 7. * Maintain current City Code so"mother-in-law"use can occur in homes and publicize this housing option. This recommendation has been met. Maintain the City's current positive view of"accessory apartments"as an option for seniors to maintain their independence. Publicize accessory apartments as an option through support groups, faith based institutions, and senior publications. Status of 2005 Recommendation: There are no plans to change the codes related to"accessory apartments". These units will be inspected on a regular basis as apart of the new City code requiring the licensing of all rental housing beginning in the summer of 2006. 8. Designate a City staff person or department to pursue grants or funds available for senior living. The Senior Issues Task Force is not clear on the meaning of the original recommendation and we are unclear if it has been met or not. The city should investigate either assigning an employee or obtaining a service whose responsibility it is to research and procure grant funding for senior housing options. Status of 2005 Recommendation: The increased senior population is the incentive that drives the market to provide a variety of.housing options.for purchase or rent. including townhomes P - � p T} ut condominiums, assisted living, nursing homes and other group living situations. 9. Investigate the use of construction processes that take advantage of current technology to provide affordable elderly housing by lowering the cost of acceptable quality construction. (Goals are part of the City's 1995 Housing Initiative and Goals.) We were unable to ascertain whether this goal was met or not. 5 The City needs to assure that all construction meets universally accepted building codes and should weigh the option of holding community developers of senior housing to an appropriate standard for senior living. These expectations should consider such items as fire and evacuation processes that take into account such things as sprinkler systems, weather, and the loss of power and heat. Presently, the Eden Prairie Fire Department has begun a process of gathering information on large facilities that will aid the.Fire Department in their response to an emergency. An exterior design and landscaping plan that takes into account people with physical limitations. This plan should include items such as strategically placed seating options, lighting that exceeds existing city code, and processes for the assurance of safety during adverse weather. A plan that assures the free movement of seniors in a way that allows them to either bypass or have the appropriate amount of time needed to circumvent traffic and distance. These could be achieved through the use of pedestrian overpasses,bridging, ample medians, and senior only reserved parking for persons age 65 and older. Status of2005 Recommendation: The City, through codes and inspections, ensures that housing in Eden Prairie meets all safety and building standards as defined by the State of Minnesota in their"life safety codes"which includes mechanical,plumbing and building. The City also inspects to ensure developers comply with the two code categories of the Minnesota Accessibility Rules which sets the standard for accessibility and adaptability in housing for the disabled. The Eden Prairie Fire Department has procedures outlining responses to various emergency situations, including evacuations of non-ambulatory persons, fire suppression and natural or man-made disasters. The Fire .Department provides ongoing training and residents are recruited for a Community Emergency Response Training(C.ERT)program that provides twenty hours of training to participants on, among other skills, how to help neighbors in the event of a disaster. The City's Emergency Preparedness Coordinators and Director, are currently involved in preparedness planning with Hennepin County Emergency Management in the case of a pandemic such as the Avian Flu. The City also has Joint Powers Agreements with neighboring communities to assist in major incidents of all types. The Major Center Area will be developed to create a town center with housing, retail, services and green space connected by well lit sidewalks with appropriately spaced seating arrangements. This is a current development trend in the suburbs and creates a perfect environment for those who do.not drive and require easy access to basic services and shops. New housing developments for seniors will take pedestrian crossings into account. A.s mentioned,the town center concept will be an attractive housing choice for seniors as it eliminates the issue of crossing busy streets with high traffic volume to access stores and services. Pending City Council approval,new developments targeted for seniors could be required to meet pedestrian friendly design criteria including developer responsibility to tie the project into existing sidewalk and trail systems, possible modification of roadways to accommodate midway median safety zones, pedestrian signals/signage, crosswalks and perhaps most importantly locating senior housing within walking distance of desired services. Not all locations of vacant parcels in the community can successfully accommodate senior 6 housing. However, redevelopment sites may create possible opportunities. Unfortunately, it would be difficult and very expensive to accommodate pedestrian crossings at some existing senior locations. Retrofitting TH2 121 at Summit Place is an example of a project that would be expensive and may not feel safe or pedestrian friendly. It might be possible to solicit front seniors a*'top ten"list of desirable and higher volume pedestrian crossing locations and corridors. Staff could then review possible solutions. Hennepin County times the traffic lights in Eden Prairie and would respond to a request from the Eden Prairie Engineering Department to review certain intersections to allow more time to cross. It is also possible to look at individual crossings to see if"no turn on red" could alleviate some crossing problems for seniors. All changes to existing roads would need to be agreed to by NInDot and Hennepin County. SOCIAL SERVICE SUPPORT SYSTEMS RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. Transportation Transportation likely will always be difficult for the most frail of our citizens,but a continued sensitivity to their needs and vigilance to protect and expand current services is an appropriate role of the City. 1. * Dial-a-Ride by SW Metro is a service much appreciated by older residents who cannot drive some or all of the time. Current vehicles are equipped to accommodate the handicapped. These services need to be maintained and expanded to include more evening and weekend availability. Some expansion routes should be encouraged, especially to Methodist Hospital, Glen Lake and possibly a connection to the MTC routes in Hopkins. Although Dial-a Ride has been discontinued due to high costs, SW Metro continues to try new strategies to meet the needs of Eden Prairie residents. This recommendation has not been met. In view of a larger senior population, some seniors will need a service to replace Dial-a Ride. The City is encouraged to find a way to meet the unmet expansion route needs, especially getting Eden Prairie residents to medical care facilities. The City and Southwest Metro should work together to access any federal funds that are available for transportation for seniors and the disabled. The City should create a Transportation Commission that could review the existing problems and recommendations outlined in this report and pursue collaboration of private, public and volunteer systems to expand services to seniors. Status of 2005 Recommendation: In 2003 the Transportation Committee was organized in response to PROP's decision to end its' transportation program of volunteer drivers as well as concerns expressed regarding the difficulty of non-drivers to get around Eden Prairie. The "Shopping Bus"program was the Committee's first response to these concerns and is designed to get seniors and disabled residents in apartment complexes to destinations in the City. The C� next project is to develop transportation to medical appointments. 7 Steps in this process: 1)Partner with other communities in a regional approach Community Action Program of Suburban Hennepin (CAPSB) has agreed to be the lead agency in helping to develop a regional solution. 2) Conduct a community survey of need. This is necessary because past transportation programs have failed due to low ridership. We need to understand who the target population is and what their specific needs are. Some may,require a low cost option while others need someone to accompany them. CAPSH has agreed to explore funding possibilities to pay for this survey. The likelihood of receiving funding to implement transportation programs is much greater if it is a regional response. SoutbWest Metro Transit has tried a number of circulator routes but they were dropped due to a lack of ridership. Dial- a-Ride was cancelled because of the high cost of operating a"door to door" service. Eden Prairie is currently served by SouthWest Metro Transit, private taxi companies. private medical transportation companies and MetroMobil itv for those that meet eligibility ', guidelines. The Senior Center provides a bus for shopping in Eden Prairie every Monday and also provides transportation to City sponsored activities and outings. Any solution to this problem will probably be a combination of programs including some volunteer drivers, a subsidized transportation program and financial and planning involvement by medical providers. In addition, new senior housing developments will be encouraged to build near medical facilities, create space for small " minute clinics"or encourage medical providers to offer transportation. 2. Metro Mobility's reliability is not highly regarded by EP seniors with whom we spoke, but until alternative transportation meeting expanded hours and destination availability is available, the City should work to keep EP from being dropped from Metro Mobility's area of service as has been threatened. Metro Mobility no longer seems to be in danger of dropping Eden Prairie from its service area.Although many seniors still do not regard the program highly, it apparently works for persons who understand the system. Metro Mobility Customer Service is available to present informational sessions to city groups. This information would be helpful in eliminating barriers to access. Status of 2005 Recommendation: The Senior Center and the Office of Housing and Human Services are planning a Metro Mobility Information Session to familiarize seniors to program eligibility, how you arrange for a ride and a "ride the bus"experience so people will know NvIiat to expect. The first of these sessions will occur on in August at the Edendale Apartments. 8 3. * Liability issues deter some potential drivers from volunteering to drive seniors (and others)to activities and medical appointments. Drivers using their own vehicles find that their personal insurance policies are primary. Making City-owned vehicles available for volunteer driver duties could ease the liability worries of potential drivers. Umbrella insurance policies of the City and PROP should be analyzed and revised, if necessary,to provide protection. Other cities contract with RSVP to increase the availability of volunteers by expanding insurance coverage and by making reimbursement of mileage possible to lower-income volunteer drivers. This issue has been at least in part responsible for the fact that PROP has discontinued providing volunteer drivers for seniors'medical appointments. The City provides vehicles for Senior Center volunteers to use if they choose. There is no response to this recommendation in the 2006 report. P P 4. As new housing units targeting seniors are built,the City should encourage apartment owners to make vans purchased for transportation of their residents also available to others in the community. This has not happened A collaboration of private transportation utilizing existing residential vans is recommended. This collaboration could be a good marketing tool for the residence and help create a critical mass for some events and speakers. Status of 2005 Recommendation: Many senior residences are now offering transportation in their own vans as one of their amenities. Insurance, cost of drivers and scheduling are issues that would have to be worked out before a"van sharing"arrangement could be implemented on a regular basis. The Transportation.Committee will explore this option with the staff of local senior residences. The issue will also be brought before Eden Prairie Professionals in Aging which is attended by staff of local senior residences. Currently, the Supervisor of the Senior Center collaborates with other senior programs to co-host outings as a means to keep transportation costs low. The City will encourage developers of new senior housing to include transportation as one of their services. 5. The possibility of coordinating small bus/van transportation with the school district should be explored. We are unaware of any discussion of this possibility. Seniors are not enthusiastic about riding school buses. The new Task Force does not support this resolution. Status of 2005 Recommendation: School busses will not be used for senior transportation. 6. The City should remain sensitive to critical needs in transportation. A coalition of cities, counties and other government units with organizations(such as SHERPA,Area Agency on Aging, etc. could be formed to negotiate with HMOs and other medical institutions to find better solutions to the medical transportation issues created by the centralization of medical services. This centralization saves institutional money at the price of transportation difficulties for patients when specialists and tests are only offered at remote locations. We are unaware of any efforts on this issue. 9 We encourage investigating the possibility of participating in the Metropolitan Council funded transportation grant currently coordinated by Ran Block for Senior Community Services and r Prism. u e encourage the transportation committee (that evolved when PROP discontinued providing volunteer drivers for senior medical appointments)to investigate other cities' grass roots initiatives to provide transportation. Examples are the Atlanta Regional Commission's driving pool with discount vouchers, or car clubs that purchase a car and share with a younger driver/chauffeur. Status of(005 Recommendation: The City of Eden Prairie opted out of the Metropolitan Counc:il's Metro Transit Program. That decision cannot be reversed. Council funds are now paid to South West Metro Transit. The Transportation Committee has interviewed staff with the :Senior Community Services transportation program. Currently we are partnering with Community Action Partnership in South Hennepin to look at working with other communities in a regional transportation solution. Door to door transportation is expensive and most non- profit transportation services provide rides to more than one person at one time. Other riders are picked up along the way, making the ride cheaper than a cab but longer. This service does not meet the needs of frail elderly or disabled persons that require someone to accompany them to appointments. However,this situation could be addressed by a volunteer companion program. The Transportation Committee is also working with Community Action Partnerhip for Suburban Hennepin to write a grant for a transportation survey of the South Metro area. CASPH.is also willing to work with communities in the South.Metro to explore a regional approach to this problem. 7. As our SW Metro system evolves,make sure there is a regularly scheduled loop within the local area that would travel a defined route and stop at key high-traffic spots such as the bus depot,mall, City Center, Community Center, and significant retail and medical service areas. This system was created but has been downsized due to low usage and high cost. An expanded route system is recommended.. Status of 2005 Recommendation: The Transportation Committee will discuss this recommendation with South West Metro Transit. However,the viability of such a service will again depend on costs of operation and numbers of anticipated riders. 8. City vehicles intended for the primary use of seniors should be outfitted with hand holds for getting in and out of the vehicles, as well as bench armrests that fold out of the way to ease access.A city-owned station wagon may be more easily accessed and possibly more economical than an additional van when purchase of another city vehicle for transporting seniors is contemplated. The small diesel buses donated by SW Metro filled this need nicely, but they are no longer in use and current Senior Center transportation is not senior friendly. Some think that station wagons and mini vans are hard to get into and out of. Any acquisition of a City vehicle should be evaluated for accessibility before purchase. Existing vehicles should be retrofitted to be accessible. Status of 2005 Recommendation: All vehicles purchased for the transport of seniors and disabled residents will be evaluated for accessibility before purchase. 10 9. * Directions should be given for the creation,maintenance and lighting of paths to connect senior apartment residents to nearby services by foot or automated wheelchairs of the type commonly used by the frail. 10. * Pedestrian routes and intersection sidewalks located near senior complexes should receive special attention in icy or snowy conditions. 11. * Where roadways need to be crossed to get to services, an island and midpoint pedestrian signal button should be considered. It does not appear that these three items have been seriously addressed. The creation,maintenance and lighting of sidewalks,paths,trails and pedestrian islands are important to seniors as well as to the rest of the community. Removing ice as well as snow is important in those areas that continue to be used during the winter. Status of 2005 Recommendation: Please see response to recommendation# 9 in the section on housing. Currently, the City,through the Parks and Recreation Department, clears snow on 38 of the 85 miles of sidewalks and 80 m.iles of the 100 miles of trails. The City owns one piece of equipment designed to remove snow, but not ice, efficiently. Thawing and re-freezing ice would require a major expenditure on equipment and.manpower. Salt and other chemicals are discouraged because they are very detrimental to the health of ponds and lakes. Businesses, in most cases,remove snow and ice from their property and it is likely that in time this will be required by City Ordinance. 12. A Task Force of interested individuals spearheaded by the Senior Center Board;the Housing Transportation and Human Service Council;the Needs and Resources Council; or Eden Prairie Chamber of Commerce could be charged with the task of identifying ways that businesses might be more sensitive to senior populations.Examples would be creating heated and air conditioned waiting areas with seating within stores, especially in sight of where Dial-a-Ride vans and cabs arrive; a few convenient close-in parking spots designated for seniors; designating special deals at non-peak times or days;publicizing delivery services, etc. P P Y p g There has been some progress in this regard but not enough.Although Dial-a- Ride no longer exists, there are other shopping bus options that make this recommendation still valid. This recommendation still stands. Status of 2005 Recommendation: This recommendation is most appropriate within the work of the Eden Prairie Chamber of Commerce. Possibly the Senior Center Advisory Board could organize a task force to work with the Chamber and Eden Prairie Professionals in Aging on an education piece for local businesses regarding this issue. Housing for the Frail Elderly The Task Force dealing with Housing issues has addressed these issues. Check that chapter for comments. 11 1. * Construction or conversion of a range of housing types meeting the needs of the elderly should be encouraged by the City. This would include lower priced senior apartments, assisted living units and adult foster homes. This issue is addressed in the Housing chapter. See Recommendation 2. 2. * It would be wise for the city to insist that future construction aimed at seniors should include some garages or underground parking. This issue is addressed in the Housing chapter. See Recommendation 9. 3. * Ideally, new construction designed for the elderly should be planned near necessary services such as a grocery, drug store, a bank or ATM machine and medical services. To maximize access to these services, it seems wise to cluster senior residences near a convenience center such as the intersection of TH 5 and Co. Rd. 4. This issue is addressed in the Housing chapter. See Recommendation 3. Social Services and Support Systems 1. * Organizations of the type of Senior Outreach,H.O.M.E., etc.,will be essential to allow larger populations of the frail and elderly to remain outside institutions by using affordable services based on their ability to pay. Retaining this type of support system must be a government priority and may require an increased City investment. The City continues to recognize its essential role in maintaining a local support system, although it has been challenged recently. We strongly encourage the City to maintain its role in assuring that a safety net continues to exist for Eden Prairie citizens. This issue should be specifically addressed in the City's new ten- year comprehensive plan. Status of2005 Recommendation: In addition to the services being developed by the private sector,the City expects to continue funding the"safety net"of needed services, such as II.O.M.E, Meals on Wheels and Senior Outreach, for low-income seniors. #The original recommendation regarding challenges to local support services was made in response to the 1995/96 budget process. 2. * Efforts should be made to inform local clergy and congregations about resources that are available to residents, including seniors. This need still exists since our survey suggests limited and sporadic awareness of local senior safety net issues, especially with smaller congregations in Eden Prairie. .Local faith communities will be made aware of resources for seniors. A document outlining available resources will be created and distributed to local area faith communities. Churches with computer capabilities wil I be encouraged to link their websites to the Senior Center, FamiLink, Eden Prairie Professionals In Aging and Senior Community Services Status of 2005 Recommendation: The Familink Resource Center has developed a resource guide that includes many services utilized by seniors. A resource guide specifically for seniors will be developed by a committee of representatives:Prom the Senior Center,I=amilink and the Office of Housing and Human Services and distributed to local churches and service programs. The information will also be available on the City's web site and made available to other 12 organizations with computer capability. Currently,Eden Prairie Professionals in Aging has a web site that lists services for seniors. 3. A clearing-house of services possibly like the"Chore Corps"should be created and maintained so that residents can access market rate or sliding scale services from persons whose reputations and work product have been checked for criminal background and reliability. Such services could include personal care and homemaker services;yard work,maintenance and trade people; friendly visitors,respite workers and companions. Service deliverers should include young adults and school children. See recommendations under"Information services, referrals" for suggestions on coordination. This recommendation has not been implemented. There is still interest in creating a resource where citizens, especially senior citizens, can access lists of reliable and available service providers, with free or sliding scale fees. Status of 2005 Recommendation: Please see the response to recommendation#2 in this section. Rating these services could be accomplished by a computer listing that provides users with a way to post their feedback on their experience with a particular service. This option will be explored with the City's IT Department. 4. If national and state resources can no longer support the social service network for seniors, some effort should be made by the City to make sure that the services remain available to our residents, using persuasion to civic organizations and philanthropists as well as City resources. Since the needs and issues will be universal, one would hope that medical advances and national attention to identify strategies will provide some solutions on a broader scale than just the City acting on its own. This resource issue has indeed become an issue. The City has so far done a good job o maintaining its part in providing support to essential social services. Most civic organizations with limited resources choose specific needs to address on a one time basis and do notprovide operating funds. We strongly encourage the City to maintain its contribution to essential social services, such as Senior Community Services. Status of 2005 .Recommendation: The City is committed to maintaining a "safety net"of Services. Please see response to recommendation#5 in the housing section and recommendation#1 .in this section. Information Services/Referrals 1. Perhaps the most critical problem is the need to quickly access appropriate resources when needs arise and to monitor the process afterwards to make sure that the citizen's needs were met to the extent possible. History suggests that people do not recall or reach for available information until they are ready to use it. The Senior Linkage Line,the EP Senior Center, and the City receptionist are probably the best access points to request information about available services,but the current set-up is not designed to provide follow-up status, a situation that may be remedied by the creation of the Family Service Collaborative. If not,these services might be assigned to City staff,perhaps at the Senior Center. Eden Prairie now has the Eden Prairie FamiLink Resource Center serving residents Monday through Friday. FamiLink and Senior Community Services are able to address some of these needs. City and Senior Center staff have not been adequately 13 trained to be able to provide thorough recommendations. Since so many requests for information come initially to the City and Senior Center receptionists,there needs to be better training for individuals in those positions so they know where to direct callers and internet inquiries.All City media, such as the EP News's Community Guide, City publications, City website,etc should direct citizens to trained staff at the most common entry points: Senior Center, Senior Community Services and FamiLink. Status of 2005 Recommendation: While training is important,wrong information or no information is probably the result of inadequate resource material. This situation will be remedied by the task force mentioned in the response to recommendation 42 in the social services and supports section. 2. * The Senior Center currently is the primary first point of access for information about services available. It makes sense that it continue to be kept knowledgeable about linkages and services that are available, and it should be linked in at some point as a provider in the Family Service Collaborative network. The Family Service Collaborative has been reorganized. See recommendation above. 3. As Eden Prairie establishes its website,there should be a page for the Senior Center and for social services available to residents, especially seniors. Although the Eden Prairie website contains a great deal of interesting information, it has proven difficult to navigate to senior resources. The website should be made more user-friendly to access information about services for seniors. Revise the City website for easier access to: • Senior Center • Senior Community Services • FamiLink • Eden Prairie Professionals in Aging • Housing and Human Services • Caregiver Support • Chamber of Commerce Human Resources • Eden Prairie Volunteers Status of 2005 Recommendation: Staff in the Office of Housing and Human Services,the Senior Center Supervisor and the Coordinator of the Eden Prairie Familink Resource Center will work with the Communication Department's staff to accomplish this recommendation. 4. There are three areas of senior information and referral that would enhance the current system: • An ongoing effort to keep the listing of service providers current; • Maintenance of a list of"Chore Corps"types of service providers; and • Provision of a clearinghouse to match volunteers with appropriate opportunities The creation of Eden Prairie Volunteers, a website to match volunteers with volunteer opportunities means that one of these recommendations has been met. 14 We agree with the original recommendations. Status of 2005 Recommendation: Eden Prairie Volunteers continues to exist and is kept current by school district staff.. Staff from the Senior Center, Housing and Human Services and the Fam.ilink Resource Center are currently developing a new packet of information including for distribution to residents 5. Informal as well as organized service providers need to be identified locally and those lists maintained so the information is current and goes significantly beyond what is available on the "First Call for Help"data base used by the Senior Linkage Line. These informal resources could include neighbors who are willing to be a friendly supporter and mentor to nearby seniors, as well as students and members of youth groups and civic organizations. This has not happened except to the extent that the Eden Prairie FamiLink office has identified resources. We agree with the original recommendation. Status of 2005 Recommendation: The Eden Prairie Familink Resource Center has information available on services for seniors. The information is free and available by telephone and in booklet form. Some infonnation is available on the Eden Prairie Professionals in Aging web site. Informal connections can be made through the Eden Prairie Volunteers web site. Volunteer helpers can also be contacted through the High. School Student Learning SLIC office. 6. Senior citizens especially wish to have a place to go for names of persons who do chores who have been previously checked for criminal backgrounds and quality work product. These service providers could include students who wish to earn cash or volunteer credits as well as senior volunteers or persons for whom the service is their livelihood. This has not happened. We agree with the original recommendation. Status of 2005 Recommendation: Please see previous response. Most senior home- care and chore service programs do run criminal checks on their employees who will be working in the client's home. The City, as a public entity. can not endorse one particular program. 15 LEGAL AND PUBLIC SAFETY RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. I. * Maintain adequate and well-equipped emergency response teams and encourage ongoing training to deal properly with problems more common in the older population. This recommendation has been and continues to be implemented. We include this recommendation in the 2005 report not because of any failure to follow through in the past but because it is an ongoing process that can never be considered complete. Status of 2005 Recommendation: The Eden Prairie Fire and Police Departments require periodic training,with certification.to ensure employees are knowledgeable in the latest emergency response techniques and are experienced in operating the most up to date equipment. 2. * Continue provision of locally presented seminars, short courses on legal issues and related topics by knowledgeable persons without a vested interest in signing up new clients. This recommendation has been carried out, though perhaps not as vigorously as it might have been. We recommend the Police Department schedule regular legal and safety seminars at the Senior Center and at the various senior residences and consider establishing a permanent position of "senior liaison"officer. Legal and safety publications, such as the state.attorney General's Guarding 3'our Privacy and Senior's Legal Rights should be available for pick up at senior residences and at the Senior Center and should always be included in the"welcome packages"given to new residents. Status of 2005 Recommendation: The Police Department has hired Officer Eizabeth Stroner to provide legal and safety seminars. Beginning in 2007, a schedule of presentations will be available so that seniors will know when these events will occur. In the Fall of 2006 Officer Stroner will.work with the Supervisor of the Senior Center to present a seminar on safety issues. 3. * The City, in association with local civic groups, should: organize a buddy emergency system to check on vulnerable seniors,particularly in weather emergencies; The City implemented a Community Response Team (CERT) in 2003. The CERT team covers the Community as a whole. It is not specific to seniors, but it does include them. We agree with the original recommendation. Status of 2005 Recommendation: CERT training continues for community residents. These volunteers are trained to provide information to neighbors and check on vulnerable residents in disaster situations. 16 4. Collaborate, using public safety personnel,to provide public information on how to protect against household hazards, abuse and scams; This is being done. Like.many programs, improvements can always be made. The more programs that are implemented by the police department the more benefit to seniors in the community. P P P Status of 2005 Recommendatio • Please see response to Recommendation#2 in this section. 5. Identify a local sponsor for medical information canisters,File of Life or the latest technology for the refrigerators of older citizens whose medical emergencies may require some medical history and listing of medications. In the past, sponsors have been the Eden Prairie Crime Fund, a grant, or from the Police departments budget. To eliminate the time spent finding a sponsor every year, we recommend that sponsoring the File of Life program be regularly included in the Police Department's budget. Status of 2005 Recommendation: The Eden Prairie Crime Fund is the usual fonder of this program so firndraising is not an issue for the Police Department. The current supply of about 1,000 informational packets was purchased for less than $2500.00, which was donated by the Crime Fund. 17 EMPLOYMENT AND LEISURE OPPORTUNTIES RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. 1. * The City must continue to guard against age discrimination in its own hiring and employee policies. Met—City has a demonstrated practice of non-discrimination. We recommend the City,continue this practice and review existing policies and procedures on an ongoing basis. Status of 2005 Recommendation: The City has a stated policy of non-discrimination. Any resident can file charges with the Minnesota Department of Human Rights if they feel they have been discriminated against because of race, color, creed, national origin, gender, sexual preference, marital status, disability, age,public assistance status, familial status or religion. The City's human Rights and Diversity Commission sponsors information programs and events such as the International Festival to celebrate the diversity, in our community and further better understanding within the community. ✓ 2. * To the extent possible,the City should help enforce the laws that provide protection against age discrimination and continue to support programs such as mediation that help citizens resolve their issues of perceived discrimination. There has been little opportunity for the City to "support"programs such as mediation. However, by supporting the work and recommendations of the Human Rights and Diversity Commission, the City has set an example and established an atmosphere that is not conducive to discrimination. These practices need to be continued. Status of 2005 Recommendation: Please see response to recommendation #1 in this section. 3. * The City should continue to network with the school district's Community Education services to maintain a broad range of opportunities for residents. The City should consider cooperating with the Hopkins and Minnetonka Schools as well as Eden Prairie schools. There is evidence that good cooperation exists between the City and School Districts. When planning for the social and recreational needs of seniors in Eden Prairie, the City should continue to develop partnerships with local senior residences, neighboring communities,the Eden Prairie school district and churches to allow for non-duplication of programs, and the efficient use of resources. Status of 2005 Recommendation: This is currently being done, but there will be an even greater emphasis with the increase in the senior population and increases in costs. This kind of cooperation can also serve as a tool of integration so that seniors living in a particular residence can be involved in the greater community. 4. Loss of purchasing power by persons no longer in the workplace causes significant problems. By restraining growth of government,the City can control the growth of its portion of taxes, 18 thereby reducing one of the inflationary effects on senior's budgets.Perhaps the deferred tax system can be expanded or there can be a system similar to the one in place with Hennepin County that allows seniors to work to pay off part of their City taxes. The tax burden on seniors continues to be an issue of concern. Many seniors, many of whom are on fixed incomes, feel significant pressure by continuing tax increases. The leadership of Eden Prairie must continue the difficult job of finding the appropriate balance between desired senior support functions and funds available. Status of 2005 Recommendation: The City-tries to maintain a reasonable balance between meeting the needs of residents and the cost of providing services. 5. Using their regulatory powers,the City should work to make sure that the infrastructure and available technology stays up-to-date to make it possible for residents to continue to compete successfully from home-based businesses Sensitivity and reaction to technology advancement benefits the entire community. Status of 2005 Recommendation: The City would carefully consider any new, community wide technology that would benefit residents of Eden Prairie. 6. To enhance the role of the Senior Center as an information and referral center for seniors,the City should consider making sure the Senior Center has access to the Family Services Collaborative. Some progress has been made, more needs to be done. Since 1996 the Senior Center has been the hub for questions regarding senior issues. Therefore,we recommend the Senior Center,Housing and Human Services, Senior Outreach and FamiLink Resource Center staff develop an information and referral resource guide that is computer and brochure based for distribution to seniors. Status of 2005 Recommendation: Please see response to recommendation#2 in the Social Service and Supports Section. 7. To assure access for seniors,when developing a City web site the City should designate a senior page and coordinate with county and state levels so that residents can hyper-text to data bases of seniors, education opportunities, etc The Senior Center link was established in the City's web site providing excellent information. The Senior Center link is an excellent communications tool and should continue to be updated frequently to include all programs and services offered by the Senior Center. Status of 2005 Recommendation: The Senior Center staff will work to maintain and update the information on the web site. 8. When planning for future City web sites, a person should be designated to make sure that senior needs are considered and to make sure the web site is accessible This recommendation was met. We recommend the Senior Center web site be updated by a designated staff person with the appropriate skills and competencies. 19 Status of 2005 Recommendation: The Senior Center staff will continue to provide this service. 9. Anticipating the time when the City's senior population has outgrown the current building, using some portion of the easily accessed portion of the City Center space now partly occupied by C.H. Robinson should be considered. Since 1996, the situation between the City and C.H. Robinson has changed dramatically. The need for space for senior programs, activities and rentals continues to grow. To meet the expectations of the growing population we recommend that the City recognize the value of the Senior Center and the diversity of its constituents and programs. We highly recommend that the City provide and maintain appropriate space to meet the current and future needs of community,seniors. Status of 2005 Recommendation: The City, through the Parks and Recreation Department, is committed to maintaining the Senior Center for senior programs. However, as pointed out in the Senior Issues Task Force Report, retirement in the future will look different than that of past generations. Seniors will be more active and diverse in their activities. The City is committed to implementing the programs and services that will meet these changing lifestyles. The renovated Community Center is an example of change that will create both more space and the kinds of space and programs that future seniors will appreciate. As our population becomes more diverse,the City is also committed to offering programs and services that meet the needs of new immigrants. An example of this adaptability is swimming classes for Somali women who cannot swim with men and must be fully clothed. A class was conducted for them meeting these requirements. There will definitely be more collaborative programming to keep costs low and as a tool to integration of all seniors no matter what kind of senior housing they choose. 10. To facilitate better connections between able volunteers and needs in the community,there appears to be a need for a central clearing house. This job seems likely to fall to a government group, either to do the work or to supervise volunteers to do the work. See the recommendation for updating senior service program availability and establishing a chore corps service mentioned in Chapter IV: Social Services Eden Prairie Volunteers, a web site used to match volunteers with opportunities was created by the School District. Rather than pursuing the detail of the 1996 recommendations,we encourage the City to recognize the expertise and life skills of its senior population and provide a volunteer coordination structure so they can be utilized to the benefit of the City and the individual volunteers. Status of 2005 Recommendation: The City appreciates the expertise and life skills of Eden Prairie seniors. This population is evident in their volunteering efforts through local churches and service programs. The City utilizes senior volunteers on boards and commissions where their work is a positive force that adds to the quality of life in our community. Eden Prairie is served by Eden Prairie Volunteers, a web site for volunteers and.volunteer opportunities,that is maintained by a Volunteer Coordinator through the School District. 20 11. Informational orm tional seminars should be made availa ble to Eden Prairie businesses to make them more proactive in creating win-win scenarios that will help them access and maintain a reliable senior workforce. Not Met The 2005 Task Force believes this recommendation is not of high priority. Status of 2005 Recommendation: Staff representing the City on the Education Committee of the Chamber of Commerce will suggest a forum to educate local employers to the benefits of a senior workforce. 21 GOVERNMENT STRUCTURES RECOMMENDATIONS Items in regular type are recommendations made in the original report, and those marked * were deemed by the 1995 study committee to require earliest attention. Comments in italics report the status of the original recommendations. Statements in blue are new comments and recommendations. 1. * In order to keep these recommendations fresh and updated,the City should determine a process that will be used in the future. We encourage the City Council to provide custodianship of this report by setting a formal review period and reconvening a new task force every five years. In the meantime,the City may convene a panel of persons serving on City commissions to review the findings for the short term. This recommendation was mostly accepted, although the new review Task Force was convened after ten years rather than five. A panel was never convened to review the findings. Because of anticipated increases in the number of local seniors, the City is encouraged to develop a more structured planning and review process. Status of 2005 Recommendation: The City's Comprehensive Ten Year Plan will take into account changing demographics. A focus group on affordable housing will be implemented to provide input into the Plan. Development projects in Eden Prairie are reviewed by community volunteers on the Planning Commission and presented to the public in hearings. 2. * Task Force members encourage the City to remain sensitive to the needs of seniors. Copies of this report should be presented to the Human Rights and Diversity Commission;Planning and Zoning Commission; Housing, Transportation and Human Services Council;Parks and Recreation Commission; Senior Advisory Board; and other groups and staff members as deemed appropriate by the Council. It is apparent that some staff at the City, having responsibility for issues addressed in the 1996 report did not receive the pertinent information. The report of the 2005 Task Force should be cotiimunicated to the City Council and Mayor,to all Commissions and Boards, to the City Manager and to all appropriate City staff. There may be cases where Task Force members might be logical presenters. Status of 2005 Recommendation: The City has distributed copies of the Senior Issues Task Force Report to the Mayor,City Council,Department Heads and the Human Rights and Diversity Commission. Additional copies have been given to attendees at all presentations of the Task Force report, .including church groups and senior residences. 3. * The City may want to consider discussing with the Senior Center Advisory Board the possibility of changing its organization to permit the appointment by the Council of up to four participants. Issues of particular concern to seniors could be directed by other City commissions and the Council for senior input, broadening the impact of the group beyond what now exists. This new Senior Advisory Board should have an opportunity to meet regularly with the City Manager or other high-ranking officer, and occasionally with the City Council at workshop. There was general consensus that this recommendation was not desirable. 22 Since the Senior Center Advisory Board does not speak for all seniors in Eden Prairie,they should not have City Board or Commission status.Rather,we believe the interests of the Senior Center are best served with the Senior Advisory Board continuing to be selected by the Senior Center Members. Status of 2005 Recommendation: The recommendation.regarding selection of Senior.:'advisory Board members will continue to be decided by a vote of the senior membership. 4. * The Senior Advisory Board should be given more status among the City's assortment of advisory boards and commissions;members should be invited to the City's annual volunteer recognition event. The Senior Center Advisory Board was not given more status among the City's Boards and Commissions. The City should obtain input from seniors in a manner and consistent with the recommended planning process. Representatives of the City Council and City Department Directors should continue to attend periodic Senior Center Advisory Board meetings. Members of the Senior Center Advisory Board deserve to be invited to the yearly recognition event. Status of 2005 Recommendation: The Senior Center Advisory Board was, and will continue to be, invited to the annual Boards and Commissions Dinner. 5. The City should develop an accounting system that more clearly delineates program function and attributes total costs including overhead and portions of staff time and capital costs. This will give decision-makers better tools to analyze the actual costs of specific services and determine utilization of services when making budget decisions. There seems to have been progress in this direction. Budgets and actual costs of senior programs should be made more identifiable and accessible on a regular basis to interested parties. Status of 2005 Recommendation: `.l,he City budget is public information and available to any resident of the City. Finance Department staff will assist residents seeking specific budget information. 6. * To act on the recommendations of this Task Force,the City should continue to partner with appropriate bodies, some of which would not necessarily be City commissions. The Ministerial Association,Professionals in Aging,the Eden Prairie Chamber of Commerce,the three school systems serving Eden Prairie residents,the Lions International are some external groups that come to mind. Progress has been made in this area. Partnering as previously recommended should continue and even be expanded_ Partnerships between the Senior Center and principal area senior residences should be promoted for the purpose of avoiding duplication in programs and services being offered. Status of 2005 Recommendation: The Parks and Recreation Department and the Supervisor of the Senior Center continue to reach out to other programs in the area in order to work collaboratively. 23 7. The City should reconsider the layers of supervision between the Senior Center staff and the City Manager,placing more responsibility and accountability at the building level. The organizational structures remain the same. In order to better serve the growing numbers of seniors in the community, we recommend that the Senior Center Director should report directly to the Park and Recreation Director. Status of 2005 Recommendation: The current supervisory structure within :Parks and Recreation provides the Department Director with a tiered system that allows him to focus on the big picture while Managers work with staff on.the daily tasks and details of programming. 8. Senior issue items should be included in the ten year comprehensive guide plan updates of the City. The Task Force is not clear to what extent the previous Task Force issues were included in the 1.995 Ten Year Comprehensive Plan. Senior issues should be included in any ten year comprehensive plan. In light of the recent passage of the Parks and Recreation referendum the City is urged to seek and utilize input from seniors regarding plans for the $13.3 million dollars of improvements to the parks, trails and community center. Status of 2005 Recommendation: The City Parks and Recreation Department held two meetings at the Senior Center and one meeting in the City Council Chambers in order to get feedback from citizens on plans for renovating the Community Center. All three of these meetings were advertised. Unfortunately,there was a small turnout. The City is committed to input from residents on these kinds of projects and will continue to hold f6rums for citizen input. This year the City held a"town meeting"to give residents another opportunity to voice support and/or concerns with City policies and programs. This fall the City will conduct a community survey to give residents another opportunity for feedback 9. At some point,Eden Prairie will have to decide to what extent and if it can continue to subsidize recreation and other services, including those for seniors. The Task Force is not clear as to any discussions by the City on this matter. The City should continue funding Senior programs. Status of 2005 Recommendation: The City is committed to continuing funding for senior programs. 10. With the increased senior population, there will be increased potential use of City programs for seniors, creating a need for staff and challenges on how to develop revenues to offset the increased costs. Increased Senior Center staff might include clerical support appropriate to the level of seniors being served,part time services of program supervisors for day and extended hour duty,possibly coupled with driving, custodial or evening building supervision responsibilities. An additional vehicle that can accommodate the handicapped may be needed for transporting frail elderly and adaptive recreation program users. Perhaps donating such a vehicle can be a fund-raising goal for one of the City's civic organizations. Progress continues to be made. 24 Staffing,programming and equipment should be appropriate to the level of social and physical needs ol'seniors in the community. The existing Senior Center facility stands in need of some repairs and upkeep, and equipment occasionally leaves something to be desired. As the senior population of Eden Prairie grows,money designated for Senior Center maintenance and equipment must be increased accordingly. Status of 2005 Recommendation: In the current budget year the Senior Center is identified for the following repairs: 1) changing light fixtures and ceiling the 2) exterior caulking around windows and doors 3)removal of retaining walls near lower level. Each budget year the Facilities Department requests funds for repairs and replacement work for all City property. This Department and the City in general is committed to maintaining the Senior Center and other space utilized by seniors. It is expected that in the future senior programming will happen in a variety of spaces including the new Community Center and in other community space such as Summit Place or The Colony. 11. At some point,the City will find itself needing to consider a hot lunch program that is offered one or several times a week. It should likely be held in one of the accessible senior residences such as Elim Shores to avoid having to duplicate kitchen facilities. Although a hot lunch program is prepared and presented by Volunteers of America, volunteers are required and the City would have the responsibility of providing a volunteer coordinator. Interest in a hot lunch program has been investigated and insufficient interest was found. The City should partner with a member of the community to consider the feasibility of hot lunches in Eden Prairie. Status of 2005 Recommendation: The need for a hot lunch program in Eden Prairie (Congregate Dining) was explored by Volunteers of America some years ago and found that the number of seniors saying they would use such a program was very small and would not ,justify a dining site in Eden Prairie. As the senior population grows the idea of congregate dining can again be studied Volunteers of America, which is funded through the Metropolitan. Council to provide service in the metro area, always conducts a survey before locating in a community to ensure the numbers of people utilizing the program will be sufficient to justify the cost. 12. Eden Prairie is unique among our neighbors in its designation of a building solely intended for the use of seniors. Consideration should be given to opening the building to other groups, especially late afternoon and evenings. The term"Senior Center"seems to be a deterrent to some of the younger seniors and some consideration should be given to renaming the building. This usage goal has been met. There still remains disagreement about whether the name of the building should be changed. We encourage the City to continue to optimize the use of the Senior Center, while maintaining its priority for senior programming. Status of 2005 Recommendation: The current Supervisor of the Senior Center has been very successful at renting out the Senior Center for other activities when scheduling for senior programs allows. This income has helped to increase the Senior Center budget. 25 Executive Summary 2005 Senior Issues Task Force Report The 2005 Senior Issues Task Force was created by the City Council specifically to review the 1996 report of the 1995 Senior Issues Task Force with the charge, "...include an analysis on the 1996 report's recommendations and how those recommendations have been realized...". With this goal in mind,the Task Force organized itself into six sub-groups that correlated with the sections in the 1996 report. Each group reviewed the report and investigated the listed recommendations in order to report on the status of each and to make new recommendations. In doing the research for this report it became clear that in the last ten years Eden Prairie has grown, from 46,000 in 1996 to 62,246 today, and has become more diverse. The senior population of 1,293 in 1990 grew to 3,590 in 2005 and is projected to grow to at least 5,516 by the year 2015. Many factors contribute to the rate of growth of our senior population,but we can be sure that the aging of the baby boom generation will impact Eden Prairie. The Housing Sub-Committee reports that since 1996 there has been a 14.6% increase in single family homes, a 48.9%increase in duplex/condo/townhomes and a 32% increase in apartments. Housing options for seniors have expanded to include housing with services, cooperatives and board and care facilities. Continued cooperation and incentives to developers will be important to the continued growth of housing options for the growing senior population. Social service support systems have also increased. The City is commended for its support of the Senior Outreach Program, Meals on Wheels and other services that help seniors maintain dignity and independence. However,two key issues that have not been adequately addressed are information and referral services and transportation. It is crucial that information and referral services be in place to enable seniors and their families to easily access the services they need. Good programs are of little help if people don't know about them. Transportation also remains a very difficult and serious unresolved problem for some seniors. The City's leadership is absolutely necessary for a positive resolution to these two important issues. Eden Prairie's seniors are fortunate to live in a low crime city with excellent law enforcement. The Police Department has done a good job of communicating with seniors via seminars, academies and safety presentations. At the same time, seniors are a vulnerable segment of our population for certain crimes and as their numbers grow the need for education will increase. The Park and Recreation Department provides a facility,programming and staff leadership at the Senior Center which is a focal point for many seniors in Eden Prairie. The Center hosts some seniors regularly at scheduled activities,while others use it for information/resources, and still others like the trips or the special events. It is vital that the City continue to support this facility and programs commensurate with the growth in the senior population. The Task Force realizes that many seniors would like to give back to their community as volunteers, utilizing their knowledge, skills and lifetime experiences. A system for oversight of volunteer coordination could match senior volunteers with opportunities at the City to the advantage of both. These, and all the recommendations in the full report,have one theme in common: If Eden Prairie wants to be a strong, viable, diverse, and whole community it must plan and develop itself so that it is a desirable place to live for everyone. To that end,this report intends to share with our elected officials, City Manager, City staff and the entire community our thoughts on issues that define a flourishing environment for senior citizens. The following is a list of priority recommendations that were chosen by each sub-group of the Senior Task Force, as the most important for immediate consideration. PRIORITY RECOMMENDATIONS Demographics 1. Detailed demographics should be updated every one or two years,with appropriate adjustments to projections. 2. Increase efforts to measure the new immigrant populations with special attention to non- English speaking senior populations. Housing 1. Continue to partner with private developers and government agencies to develop affordable senior-friendly housing options, similar to the City's 1995 Housing Initiatives and Goals. Hold developers of properties used by seniors to standards which take into account the unique health,physical and safety needs of seniors. 2. Offer incentives for development of mixed use residences within walking distance of senior-friendly retail shopping. Page 2 2005 Senior Issues Task Force Report—Executive Summary Social Services and Support Systems 1. Create a Transportation Commission to review the existing problems and recommendations in this report and pursue collaboration of public,private and volunteer systems to expand services to seniors. 2. Since so many requests for information come initially to the City and Senior Center receptionists,there needs to be better training for individuals in those positions so they know where to direct callers and internet inquiries. All City media, such as the EP News's Community Guide, City publications, City website, etc. should direct citizens to trained staff at the most common entry points: Senior Center, Senior Outreach and the Eden Prairie Familink Resource Center. 3. Maintain a safety net of programs to ensure that Eden Prairie seniors, and other residents, have resources/services to assist them in times of need. Legal and Safety Issues 1. Continue to maintain trained and well-equipped emergency response teams and consider establishing a permanent position of"Senior Liaison"police officer who would coordinate legal and safety seminars for seniors and information programs such as scam identification and prevention,household hazards and the File of Life program, on a more regular schedule. Employment and Leisure Opportunities 1. The City should continue to provide and maintain appropriate space to meet the current and future needs of senior programs and services and a system of volunteer coordination to facilitate matching volunteers/opportunities; coordinate efforts with Eden Prairie Volunteers, a web site developed and maintained by School District 272. 2. Establish partnerships between the Senior Center and principal senior residences for purposes of enriching programs and services, avoiding unnecessary duplication and continuing efforts to make all seniors feel included in community activities. Government Structures 1. Communicate the 2005 Senior Issues Task Force Report to the City Council,Mayor, and Commissions and to appropriate supervisory/management City staff. 2. The timing of the Senior Issues 2005 report coincides with the City's need to develop a Ten Year Comprehensive Plan. Task Force members think it is important that plans and actions on their recommendations be considered for inclusion in this document. Page 3 2005 Senior Issues Task Force.Report—Executive Summary It became clear that most of what was reviewed and recommended by the Task Force, if acted upon,would make Eden Prairie a great place to live for anyone no matter their age. Quality of life can mean different things to different people. Yet it is clear that issues of safety, employment, social/recreational activities, a social safety net, and mobility/independence are issues for all segments of Eden Prairie's population. It is important that citizens be heard by their elected officials. We would like to thank the City Council,Mayor and City Manager for requesting a 2005 review and update of the 1996 report and strongly urge action on the recommendations. Page 4 2005 Senior Issues Task Force Report—Executive Summary VLA. UNAPPROVED MINUTES ITEM NO.: CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, SEPTEMBER 19,2006 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson, City Engineer Al Gray, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Joyce Lorenz,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room H I. SOUTHWEST TRANSITWAY ALTERNATIVES ANALYSIS Stephanie Eiler,Hennepin County consultant with Parsons Brinkerhoff, and Katie Walker of Hennepin County, presented a PowerPoint on the Southwest Transitway Alternatives Analysis Study. The study compares benefits, costs and impacts of a range of transit alternatives. Eilers explained the study process and reviewed the schedule. The Technical Advisory Committee (TAC) is scheduled to meet this month to develop a recommendation that will be forwarded to the Policy Advisory Committee(PAC). The PAC will then select preferred alternatives for public review. Public input will be gathered in October and November, and the PAC will forward a final recommendation on preferred alternatives to the Hennepin County Regional Rail Authority(HCRRA) on November 29. The HCRRA is expected to take action on the recommendation in December and forward their recommendation to the Metropolitan Council. Eilers reviewed each of the alternatives under consideration—Enhanced Bus,Bus Rapid Transit(BRT)and Light Rail Transit(LRT). The alternatives analysis includes two tiers of goals for the southwest transitway. Tier 1 goals include improved mobility and provision of a cost-effective, efficient travel option. Tier 2 goals include protection of the environment,preservation and protection of quality of life, and support of economic development. City Manager Scott Neal asked Council whether or not they wish to hold a meeting to receive public feedback before taking final action on supporting an alternative. Community Development Director Janet Jeremiah noted that ridership forecasts in the study are based on pre-Comp Plan update numbers, so actual ridership will likely be higher than indicated for the LRT 3 alignment. The analysis also assumes all property within Eden Prairie will have to purchased; however,the City has a policy of requiring that a portion of land be set aside for transit as development occurs along the alignment that passes through the Major Center Area and Golden Triangle. Jeremiah also presented the following staff recommendations: • Staff requests that the Council actively advocate for a southwest transit line. • Staff recommends that the City continue to maintain a strong preference for the"3 alignment,"which travels through Eden Prairie's Town Center and the Golden Triangle. • Staff recommends that a public meeting be held in advance of Council taking action on a resolution of support. • Staff recommends that the City take action on the study prior to the HCRRA Board Meeting scheduled for December, and that the City consider drafting a resolution of support in cooperation with Minnetonka and possibly Hopkins. • Staff recommends full incorporation of the preferred LRT alignment and station locations into the Comp Plan update. Council discussed holding a public meeting on the transitway study at the Council's November 14 meeting or as part of the November 28 Town Meeting at Summit Place. Council agreed to hold the transit study public meeting as part of the November 14 Council meeting, and they asked staff to begin drafting a resolution of support. Council Chamber II. OPEN FORUM A. MAINTENANCE OF WINFIELD PATH Bob Rose, Doug Kelso, and Larry Ziski addressed Council concerning a letter several property owners on Erin Bay received from the City informing them they must discontinue mowing on City property that abuts their properties. They indicated the developer of the neighborhood told them it was their responsibility to maintain this land when they bought their homes 13 years ago. They also said location of the property line is not clear. They asked Council to review the ordinance pertaining to this issue and to consider the merit of their case individually. Parks and Recreation Director Bob Lambert said property markers could be installed within a week, but that they must discontinue mowing on City property. The Mayor suggested that the issue be referred to the Parks,Recreation and Natural Resources Commission and the Conservation Commission for review. III. OPEN PODIUM A. THOMAS BRIANT Mr.Briant asked Council to reject City Manager Scott Neal's recommendation that Gregerson, Rosow, Johnson&Nilan continue to be retained to provide prosecution services for the City. IV. ADJOURNMENT UNAPPROVED MINUTES ITEM NO.: VLB. EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 19,2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal,Parks&Recreation Director Bob Lambert, City Engineer Alan Gray, 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 7:02 p.m. H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. WELCOME ABC STUDENTS The students of ABC were welcomed by the City Council and introduced themselves. Gardner Gay, Executive Director of ABC Foundation-Eden Prairie, thanked Councilmembers for their ongoing support of the students and invited the community to join in two fundraisers: a 5K run September 23Td at the Purgatory Creek Recreation Area, and the annual Gala Dinner on October 261h. Gay said he hoped to make the program available to boys in the next one to two years. B. REPORT ON THE CITY RESPONSE TO THE SENIOR ISSUES TASK FORCE RECOMMENDATIONS Neil postponed this item due to Staff illness. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal struck Item VII.H. (Public Hearing for TIF district) from the consent calendar. Lambert said he would discuss a name change for the Purgatory Creek Recreation Area but would not be recommending action. CITY COUNCIL MINUTES September 19,2006 Page 2 MOTION: Aho moved, seconded by Young,to approve the agenda as published as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 5,2006 MOTION: Case moved, seconded by Young,to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,SEPTEMBER 5,2006 MOTION: Butcher 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. KLUGE RESIDENCE by Richard and Kelsey Kluge. Second Reading of the Ordinance for Zoning District Change from Rural to R1-22 on 1.98 acres. Location: 7260 Willow Creek Road. (Ordinance No.22-2006 for Zoning District Change) C. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION by Southwest Metro Transit Commission. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment with in the I-2 Zoning District on 10.1 acres,Resolution for Site Plan Review on 10.1 acres. Location:_14405 62°d Street West. (Ordinance No.23-2006 for PUD-15- 2006 District Review with waivers and Zoning District Amendment, Resolution No.2006-114 for Site Plan Review) D. WOODLAND 2ND ADDITION by Tom Robertson.Approval of the Development Agreement. Location: 6983 Woodland Drive E. ADOPT RESOLUTION NO.2006-115 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT HEARING ROLLS AND SETTING HEARING DATE F. APPROVE ENCROACHMENT AGREEMENTS WITH MAGELLAN PIPELINE COMPANY,LP G. AWARD CONTRACT FOR RECONSTRUCTION OF LIFT STATION NO.2 TO ENGINEERING AND CONSTRUCTION INNOVATIONS, I.C. 05-5649 CITY COUNCIL MINUTES September 19,2006 Page 3 H. ADOPT RESOLUTION CALLING FOR A PUBLIC HEARING ON NOVEMBER 14,2006,TO CONSIDER ESTABLISHING A NEW TAX INCREMENT FINANCING REDEVELOPMENT DISTRICT (SOLOMON'S TOWN CENTER PHASE 1) (REMOVED FROM CONSENT CALENDAR) I. APPROVE BID FROM CUSTOM MANUFACTURING FOR EIGHT NATURE TRAIL BRIDGES FOR THE LOWER PURGATORY CREEK AND RILEY CREEK PROJECTS J. AWARD CONTRACT FOR REPLACEMENT OF ELECTRONIC INFORMATION SIGNS AT CITY CENTER TO AIM ELECTRONICS Neal removed Item H. MOTION: Butcher moved, seconded by Aho,to approve Items A-G and I-J on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. PRAIRIE ESTATES 2'D ADDITION by Prairie Estates of Eden Prairie,LLC. Request for Planned Unit Development Concept Review on 2.33 acres,Planned Unit Development District Review with waivers on 2.33 acres,Zoning District Change from Rural to R1-13.5 on 2.33 acres, and Preliminary Plat of 2.33 acres into four lots and road right-of-way.Location: Duck Lake Road and 62°d Street West. (Resolution No.2006-116 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change;Resolution No.2006-117 for Preliminary Plat) Neal said this is a four lot single-family development. The existing house will remain on its own lot.A PUD waiver is required for a front yard setback of 14 feet for this house.The waiver may have merit since the property owner plans on remaining at this site for the new future and the house will ultimately be removed upon a future subdivision of the lot. The Planning Commission voted 8-0 to recommend approval of the project at its August 28, 2006 meeting based upon the recommendations of the Staff Report,which included modifying the grading plan not to exceed 3:1 slopes,and to incorporate infiltration basins. The plans have been revised accordingly. Case asked if it was a condition that the house be removed eventually and how sale of the property would affect the agreement. Jeremiah said the variance would remain in place until the lot is subdivided. CITY COUNCIL MINUTES September 19,2006 Page 4 MOTION: Young moved, seconded by Case,to close the Public Hearing; adopt Resolution No. 2006-116 for Planned Unit Development Concept Review on 2.33 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 2.33 acres; adopt Resolution No. 2006-117 for Preliminary Plat on 2.33 acres into four lots and road right-of-way; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations. Motion carried 5-0. 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 XHI. APPOINTMENTS X1V. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Prosecutin2 Attorney Services Neal noted discussion of alternatives for providing City prosecution services had begun during the budget discussion last year. Council directed Neal to look at two possibilities: evaluating the feasibility of hiring City Staff to handle prosecution, and issuing an RFP to service providers. Neal said he looked at other cities that use in-house attorneys, including Bloomington, Minnetonka, and Coon Rapids, all of which employ Staff for both civil and prosecution services. Elk River contracts its civil services and uses Staff for prosecution,the same arrangement proposed under this alternative. Neal's analysis based on those four cities was that Eden Prairie would need to hire 2.5 FTE to provide in-house prosecution services. Given that Elk River is less than half the size of Eden Prairie, Neal felt that was a reliable number. City prosecutors would be Grade 5 CITY COUNCIL MINUTES September 19,2006 Page 5 employees. Personnel costs, plus a small operating budget(even less than Elk River's)would yield a$220,625 budget. Office space and equipment are not included in this figure. To address the contract option,Neal said he examined past prosecution patterns to get an idea of service levels, number of transactions, and number of court appearances in order to inform the RFP. Seven firms responded to the RFP and three were interviewed: a small firm, Gregerson Rosow; a medium firm,Rondoni&Schneider; and a large firm, Campbell Knutson. Two interview teams evaluated the candidates using a ratings system with comments. One team was composed of five public safety officers, both civil and sworn. The other consisted of two Councilmembers and three City Staff. Neal debriefed both teams after the interviews. Neal said both teams showed a clear preference for Gregerson Rosow. The City's cost to contract with Rosow to provide both civil and prosecution services is right in the market with comparable cities. Costs this year are also running 7% lower than last year. Satisfaction surveys have found police officers are very satisfied with the current prosecution services provided by Gregerson Rosow,which impacts how they do their jobs. The 2007 budget has $240,000 allocated for prosecution services, which would be sufficient. At$120,000,the potential savings for switching vendors are not negligible, but the City is receiving outstanding service from Gregerson Rosow and has a long relationship with them. Neal said he had shared his recommendation with all three firms, but all the players know Council confirmation is required. Butcher said she had been one of the two Councilmembers on the interview team. She supported Neal's recommendation to appoint Gregerson Rosow as the City's official criminal prosecutor for the next three years. There is no compelling reason to change, as service has been excellent—in fact,both competing firms agreed the current prosecutor was exceptional. Cities similar in size and complexity have the same budget as Eden Prairie. Prosecution is a public safety issue,and the quality of Eden Prairie's prosecution is broadly praised by police officers,Hennepin County Corrections, and Cornerstone, a community agency that responds to domestic violence. There is no reason to exchange excellence for the unknown. Young questioned the validity of the city-by-city comparison chart. The Council voted to reduce the budget for legal services by $125,000 in December. The actual cost for legal services(vs.the budgeted cost)was closer to $500,000. Neal said the understatement of costs vs.the budget CITY COUNCIL MINUTES September 19,2006 Page 6 was incurred only in 2006. The full budget amount was restored in the 2007 budget used in the chart. Young clarified he was only addressing prosecution services. Civil services will remain with Gregerson Rosow as their institutional knowledge gained in long service to the City has inherent value.But contrast,prosecution services are a commodity. Felonies are prosecuted by Hennepin County attorneys, so the City prosecutor only handles misdemeanors, for example, speeding tickets. A great many attorneys can competently perform this work. Butcher noted many domestic violence incidents are prosecuted as misdemeanors. Young reiterated there is no inherent value in keeping the same prosecuting attorney. Dividing the current prosecution contract with Gregerson Rosow($250,000)by the hourly rate($130/hr)yields about 2000 hours. Young said that equals one in-house lawyer,not 2.5. A 1/3 secretarial position would be a typical level of administrative support. If the City chose to contract the position,there are two bids that are substantially lower,both from firms qualified to do the work. Unless there is a good reason to choose otherwise,the City should go with the low bid. Aho said there were some differences in the services provided by each form, and agreed Gregerson Rosow was a known quantity. However, the differences were not very marked. Even if the City stays with Gregerson Rosow, there is no guarantee the City will keep the same attorney. Many firms offered multiple attorneys to handle the caseload. Aho recommended going with the low bid of$120,000 for one year and then re-evaluating. Case said he respected Staffs depth of experience on this issue. The key issue is not cost savings but public safety. Case said he learned in conversation with another City's attorney that Eden Prairie's prosecutor prosecutes more cases than average. This validates police as they do their jobs and leads to more arrests. With residents concerned about traffic safety,potential gang activities, and vandalism, now is not the time to gamble. The police department is saying they need this, and the majority of both committees agreed to go with Gregerson Rosow. For an average 15 cents per month per household,the savings is not worth the risk. Young noted the competing firms also do a lot of municipal work. He asked if any of their references expressed dissatisfaction with them. Neal said no firm received an interview unless it was qualified, but past performance is the best predictor of future performance. Gregerson Rosow has demonstrated excellence. Aho said all the firms are qualified and would do roughly the same work. The City would stipulate the level of CITY COUNCIL MINUTES September 19,2006 Page 7 service and set parameters as to what to prosecute. The City has a responsibility to be competitive in how it pays for services. Case said prosecuting DUIs, domestic violence,petty crime, vandalism, and traffic violations is very important to Eden Prairie's quality of life. Butcher said other firms might be competent but not rise to the same level. The current prosecutor is active in family violence nonprofits and takes pride in serving"her city"of Eden Prairie. Tyra-Lukens said the process of looking at insourcing or bidding out prosecution services seemed odd from the beginning. The logical place to trim the budget is to look at areas of dissatisfaction or outliers on cost. Neither applies to the City's prosecution services. Several comparable cities spend more, and so do some smaller cities. The costs are well within the realm of reason. The current firm has also prosecuted low-level crime well,which is important to creating a sense of community safety. There is no reason to leave the known for the unknown. MOTION: Case moved, seconded by Butcher,to appoint Gregerson, Rosow, Johnson&Nilan to serve as the City's official criminal prosecutor for a term of three years, beginning January 1, 2007, and ending January 31, 2009. Motion carried 3-2 with Butcher,Case,and Tyra-Lukens in favor and Aho and Young opposed. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Guidelines for Community Use of Park and Recreation Rental Facilities Lambert said the Parks Commission proposes changing City policy for Parks facility rentals. The key issue is that the City Parks system is increasingly being used for fundraisers(walks and runs). Organizations from outside town have one of their employees who is a resident reserve the facilities,then bring in hundreds or thousands of people for an event. The demand is such that the Purgatory Creek Recreation Area trail could be booked every weekend day during good weather, and Staring Lake and Round Lake are also in demand. Minneapolis faced similar problem along its chain of lakes, and limited walks/runs around them to two per month to respond to resident complaints. Eden Prairie taxpayers support the parks and should have reasonable opportunities to use them. The new policy limits the number of walks/runs at PCRA,Round Lake, and Staring Lake to two per month. In CITY COUNCIL MINUTES September 19,2006 Page 8 addition,the organization itself must be Eden Prairie based. Eden Prairie non-profits will get two weeks lead time to reserve facilities before reservations are opened to residents and businesses. The Parks Commission approved the policy 7-0. Tyra-Lukens asked if the number of walks is a problem now, or an anticipated problem. Lambert characterized it as a building problem. There have been several large groups during the past two years and there are already many calls in for next year(the City is not yet taking reservations for 2007). The new policy will mean 2-3 large organizations can no longer hold their events here. Tyra-Lukens asked how"Eden Prairie based"would be defined—would a local chapter of a national organization like Rotary count? Lambert said the organization needs an Eden Prairie address. Case expressed concern about seeming unwelcoming to nonprofits that residents may support.Lambert said all the walks are for good causes, but it is a question of preserving access for residents. If the number of walks is not controlled, residents won't be able to use their trails on Saturday mornings. Case noted there is also wear and tear. Lambert said the more important issue is people using the parks system without any kind of permission at all. Camps, clinics, private lesson providers, and busses of kids from YMCAs or churches all have been found dominating City parks facilities without a permit or reservation. For example, Staff recently noticed an athletic camp of more than 80 kids using the Staring Lake fields with no permit. Groups are charging participants and getting use of the facilities for free. Other cities are also struggling with this problem, as these uses do not violate any ordinance. Lambert said he has asked the City Attorney to draft an ordinance to allow action when people are dominating parks facilities without a permit. Young asked if the new reservation policy would mean a recreational running club could not organize an event. Lambert said yes. Young said that would be terrible. He asked for another example of how groups would be impacted. Lambert said a cancer group out of Minneapolis has done a walk/run for three years that would not be permitted under the new policy. Tyra-Lukens affirmed the policy and asked for clarification on what would be allowed. Could a local group like the Key Club at the high school do a walk for diabetes? Lambert said yes, and for Key Club to recruit participants widely would also be fine. To have a Minneapolis organization come in and make money that goes back to Minneapolis would not. CITY COUNCIL MINUTES September 19,2006 Page 9 MOTION: Butcher moved, seconded by Aho,to approve the policy titled "Guidelines for Community Use of Park and Recreation Rental Facilities." Motion carried 5-0. 2. Proposed Name Change for the Purgatory Creek Recreation Area Lambert said the Veterans Memorial Task Force had requested a name change from Purgatory Creek Recreational Area to Memorial Park. The Purgatory Creek Recreation Area name came from the initial park design in 1981,which included a golf course and other amenities deserving of the "recreation"label. As the park design adapted to the 1991 wetlands act, these elements were dropped, and the park no longer fits its name.Neither Staff nor the Commission had strong feelings about the name. The Parks Commission approved the name change at their September 11,2006 meeting. Lambert said he had given additional consideration to the matter and recommended postponing action. Resident Jeff Strate pointed out the memorials are a small part of the whole area,which is more of a wetland/conservation area. People also often ask the name of the lake, which is nameless. Lambert recommended referring the matter of the name back to Parks and collecting input from the Arts and Culture and Heritage Preservation Commissions to see if the name could be linked to the history of the area. The new sign for the park has been put on hold and can remain on hold for a year at no additional cost. Case supported slowing the process. The idea of a memorial park has an appealing small-town feel. Perhaps the preserve/conservation elements of the park could also be incorporated in the name. Butcher looked forward to seeing a list of names and supported having the Heritage Preservation Committee examine place names. Tyra-Lukens said the name"Purgatory" is sometimes perceived poorly. Council agreed to postpone action. 3. Request to Fence Riley Lake Park Playground Lambert said the issue of a fenced playground had come up during community meetings prior to the referendum. Special needs parents spoke of not feeling comfortable taking their kids to the park due to safety concerns.Parents with multiple children, in-home day cares, or"runners" also supported the petition. Miller Park was the first choice to look at, but the bike/trike track around the park would interfere with fence placement. Parks proposes to put a black vinyl chain link fence (about 42"in height) around the Riley Lake playground,with two access gates along paths and a wider maintenance gate, at a cost of$5,000 or less. Lambert said he CITY COUNCIL MINUTES September 19,2006 Page 10 would not support making fenced playgrounds a City standard,but fencing one community park seems reasonable. The Parks,Recreation and Natural Resources Commission supported this recommendation at their September 11 meeting. Tyra-Lukens recommended posting a sign on the fence to prohibit dogs. MOTION: Case moved, seconded by Aho,to approve the petition request for fencing the playground at Riley Lake Park in 2007. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Young, to adjourn the meeting. Motion carried 5-0.The meeting adjourned at 8:22 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Raffle Organization: Hunger Solutions Minnesota Place: MN Vikings Field House Practice Facility Date: October 9, 2006 Temporary Liquor Organization: Innercity Tennis Event: Charity Event Date: 10/21/2006 Place: Life Time Fitness Organization: Hunger Solutions Minnesota Event: Taste of the NFL Date: 10/9/2006 Place: MN Vikings Field House Practice Facility Organization: Church of Pax Christi Event: Funeral Date: 10/04/2006 Place: 12100 Pioneer Trail - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Randy L. Slick Final Plat Approval of Woodland 3rd Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Woodland 3rd Addition. Synopsis This proposal is for the plat located at 6983 Woodland Drive. The plat consists of.64 acres to be platted into one single-family lot. This is a replating of Outlot A, Woodland Addition. Background Information The preliminary plat was approved by the City Council on August 1, 2006. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on September 19, 2006. The Developer's Agreement came through the approval process as Woodland 2°a Addition. The plat name has been changed to Woodland 3r Addition due to a conflict at Hennepin County. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$320. • Receipt of street lighting fee in the amount of$139. • 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 and connection fees for sanitary sewer and watermain. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Revision to plat shall include a 10-foot drainage and utility easement along Woodland Drive. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING FINAL PLAT OF WOODLAND 3rd ADDITION WHEREAS, the plat of Woodland 3rd 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 Woodland 3rd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 3,2006. 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 October 3,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk WOODLAND 3RD ADDITION C.R. DOC. NO. KNOW ALL MEN BY THESE PREI ENT5: That Thanes S.Reb.d.-ha—a/N. MEN PRAIRIE MINNESOTA 1 , f.1-bq dwrbod prwarty aIW.t<d h M.Cowl"of Herurp"Stale of Mtmaaota td `yT• .1•. M. Th•s ppat of Y.vaNADro 3ND AON110N eoa aapppwwd and eweplw by the DMZ Cwna a/Edan PnYie,Yhneaete at a reauW meatlnp Ihrwf h.M L.b_doY of Outlet A.WOODLAND ADOMNT 200_� I/awNcoMe.Ue edHM aanmente and dalbn. f N.Cammiedwr of T pata8on wd the Ouwty=aey Haa ewaed 1hv cane to be eurwyed w1 plaltadw YIOOOAtA1 2ND ADDITION wd EngNw haw bear reeelwd by the CHY Our the pgrbod>D deY Padad hw dapaed daw heeby d-..and dedcat.la It.pubBe la abib uw/aevar Uis aoeemw6 IMwt noslp1 oi�woh wr--wd rewmmado- ae pdmMW by MMaeala far drdnape-d oUky parpowa w ehewn an Nie p t SfaWlw,Sectbn 505.03,Subd 2 t j, / 11 _ S', •`�/ th�alwa ahr.oi:da o amw S.ltabeaon,rl has ewe 2OIL Praaenle to bn eignW CITY COIlFlC2 DF'EDEN gtA811E,MINNESOTA By Ma Slgned Thames S.Rvbwtvw Yr A byMy M—w STATE OF MINNESOTA 1 TAXPAYER SERVICES NENEPIN CES DEPARTMENT. N COINTY,MINNESOTA e3i COUNTY OF 1 $ The hf.poh9 hehmnent Nw admeeladped baton me tlile d W 1 hereby<r11N tlmt taw pa�pl h 200—and pd.yeas haw been paid fm the 2DD_,by Thames S.Rvberbw % Imd deeo-ib.J m 1h6 Dalod N4 day of 1 }74p 6 $alt 1 Mytc�arlmleAarl aNpk.a Cwnl%Mlnnaaala Pabbk IE Olcwnr.Hanmpin Canty m mar 1 By B^NtY 1 1 hreby e�Nty that I haw surveyed and patted the IaM dearbed en lhl.plat w U'OWLMID 711D ADDITION:that thb plat b a—t rapraeantolbn of wM wrwy: that aA detaiww va cwreatlY'ehoan an aoM Pbl In lea/ant bu M adfhe at a topt 180.60 tlml aN marwmenb haw boar earreetly placed b the qr 1 w ehwm an eeM ptat a �� 4 be pwb w nquFed by the IwA pe W u it Ual Um wWda houndery I yUµ'S8'2S'E ——_ Ihm era omraeUY dealgnold an Geld plat d 1ha1 We NetlwOa w deMad h MS 805.02 SLbd.1,how beat dedpnalb an eald pbl w dioan. SURVEY DIMSION,HENNEPIN_COUNTY.MINNESOTA I i Prauont I.Mho Statutaa Seep-38JB.565 11SAS}fhb pot hw been appowd r 7� I •/\/\ \I A Dadd D.Thorp%land Surwya tlIb_day of 00� . Nbne®W} -16J21 WA m P.ll oN Tbnnepe County S—aW I e A \i TIT;/\i.i By STATE OF MINNESOTA THE SOUTH iNE Of OUTLOT A IS ASSUMED TO COUNTY OF COUNTY DER.MINNESOTA HAVE A BEAMNO OF"TH ea•W 28'EASE The br-W"wrnya —UBoat..w-6-11odped before me thb da of c ioD�by Daur D.Thery,land saw r 1 bomb� rB1Y that the.Itnhr.pbt a%DDDuxD 2N0 ADDITION aw 1W b.repay h Na 18321. Yy.Mhnpab Chorea at eHke uu.oCeah_,Y. daY N 200�, O DENOTES 1/2 NCH BY 18 NCH NtON MONUMENT Mbhod EL gmniR,Cwnl R.eardr SET AND HARKED BY ILLS.NO 153M Notary PebNc,Oako[v Cwnly.4hn seta r a DENOTES IRON MONUMENT FOUND My wmmI .apnea BY D.paty DRAINAGE AM OO/IY RUBMENT3 ARE SNOW,,HOC . e—J — U'ECT N WDTI AfA ADJOINwO LOT tNE II s, ND sad. b /eN l Hansen Thorp s IYIxD 0.W 0 30 60 I AND 10. r ADJp.gND WdHT a WAYS l��e Pelllnen Olson Inc. . i L D,elnv.a.auwyan.Euwep,AMIYpb ' CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.C. Randy L. Slick Final Plat Approval of Brookview Ridge Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Brookview Ridge Synopsis This proposal is for the plat located at 9780 Brookview Circle. The plat consists of 4.56 acres to be divided into four single-family lots. This is a replat of Lot 1,Block 1,Creek Ridge Estates.. Background Information The preliminary plat was approved by the City Council on February 17, 2004. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on August 15,2006. The resolution includes a variance to City Code 12.20 Subd.2.A. waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$320 • Receipt of street lighting fee in the amount of$368.87. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreement for trunk utility improvements and Brookview Circle 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 final plat, Developer shall provide a cross access easement and maintenance agreement for Lots 1 and 2, Block 1. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING FINAL PLAT OF BROOKVIEW RIDGE WHEREAS, the plat of Brookview Ridge 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 Brookview Ridge is approved upon compliance with the recommendation of the City Engineer's report on this plat dated B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on October 3, 2006. Nancy Trya-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk -y Kwo, BROOKVIEW RIDGE C.R. DOC. NO, - N85,59301, 908.98 --------- --------- ------- .. IF- ---------------------- 317.ao ..... IZAI m4"'k'Z-"?e �P 11II I *1 s 2 3 liu 4 \ I i^ I IW ; i I I a 11 0 T M A-OF TM BEAR SYSTEM AN A-AlE.TIAM UTUTY AND DRANAGE EASEMENTS ;bt ARE SHOWN THUS: 90 ---_j L W-V iI,i Sp z u6zs3=T=!'F-.�W"rI NW• Ii � I(Z __--_- 1. s87-oa3o,W 245.46 27,oD0.' 168�81 a 0 '0 A, �w��2616 ----------—----- /ve 10 FEET W WDTH A A� -T Cif WAY-AIV 5 F T N WDT4 A� OT LeM L-Eti,; 5."s:oo I-lk 0-5E z 4a.64 4- 7-S 3 DOW" 22.24 O AND WRKED RI.S.N,,.24992 ALL Wit BY T..PRESENTS 1.1 U-id W.-th letlkle R.�11% of ftbkb �,A-L 13-9 NBB'5930*W DENOTES IRN MOKNENT SET -,bed­ty R.-in tM C-ey of-ph,S-W W4u -.1e H; Lot I.,Bb,k I r-k Ridr.E.I.I..,He-pi,,C-410--i. WALE IN FEET Exup:T��at of ... t 1.81.,ik 1,C-k R Estok,%.ly =t,,Iv le,11111dii.- of Ile.-DW.g f dW d b-41 LO 1 .9 54.5a feel t,11,e ,t 1:—N.th,Ba d.9,,e,52 d..imtr 2511 eeot, 6t f bagimirg 77fst 16 ,�mlem,4 X-Ws W t 111.60 felt;thence�D-ly 201.17 feel dang 't.the b-- t =61 of t3h85 t.ti,e-h of acid Lot I and th-illkltiq 2 50 o 50 tw b &1W.8RDiTKViEW RIDGE -y-e.-t-el.to Mcp�Fe,VW f­jM.1. 4 la ,At, W-W,te,P., eit-e4W,,,l Wid DmW W.s U,and Pebich R.Smith T-bete W the Pekicim Ree S U,Trot 1-1 he,e-tl W itmt,bvlW tihie tiey EIREN PRARRE.ieleiEWTA W RKCIIE�Thi,ptd wf tt,d by ite City Ce-k of the City&Edx P,vHA .4 a reg-­1,9­1 beet We— ."..-- Yale. 7-pe'..'oon ab BW C-" by VW m'E kW.' -si,ecl Ca a tN 30 David W.Smith Pe"li.'ke 5�� .g by w-be 5-ee.�fi-5-1._ii, 2. �y pe,��emgee m--alt f h�t,-i e p-idtd stag.vI WA,At.. County .— aTY COINCIL CF EVEN PRARE,i-iE30TA TN Iaagokp hl—.eck.eltd,,ed blfal-t tM. ley el 200-by 0mie W.Wit,Ce-Trotll If tiW Pltlkb the SMth T-t T'wt By WYa By Mwta by C=I.W-EV-1.�C­Y TARPAPER SERVICES DEPARIVENT I 21,,��y ,City 1W W i.e.peycblW 1. vid ,lo,y-l-,bem pad fer Ab-lbeti 6 IN,&l.Ite- dx of bet—wm A-tedgeel bef- dey el—2011-by Pete.6 Ree Smith, -T-tee of Re ftl,lcle Rae R-itt,T., T-t. P.W.,.w C­ W­Can1Y-t- By flep�ly SURVEY DrAWK�ph Canty.�to My PaeuvN lc K eete$Wbete,Sx.=59.565(1969)-tied bm be.­.d iey of eki -dth"-1p:'f--4—ftl bee'.-y and Pbt Rete NW eebfbe I y ere-wily lesig-d en Wald pbt. WVl-P.9-.-in C-A,Svvera BY COLWTY Gregory IT W=w R:rk tel L��,,y, .b.6!:`r2"R`2 0RY)()RY`Ew"N"tE eree k"W off"U'll dey w 20D- St.b..1-eel, Carly.1"P Ti,e 1-x -m-,-K to ee,e,:kOeledged We,.m.the ley d 2W-by C,­R.P,-K Regitlexd I-el Ill Apt N Canifl,C 1'fl-d BY 0­ty Q@HPANY, M. CITY COUNCIL AGENDA DATE: October 3,2006 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.D. Public Safety License Agreement with T-Mobile Community Investigations/ for antenna at Senior Center Zoning Administration Jean Johnson, Zoning Adm. Requested Action Move to approve license agreement with T-Mobile for an antenna installation on the City's monopole at the Senior Center. Synopsis T-Mobile 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 T-Mobile antenna on the City's monopole located behind the Senior Center, 8950 Eden Prairie Road. Background Information T-Mobile proposes to mount their antenna at a 70 foot height.on the monopole. The T-Mobile ground equipment will be placed next to the existing Sprint ground equipment. A Sprint antenna was installed in 2001 on the monopole at an 80 foot height. Attachments • License Agreement and Exhibits A-G LICENSE AGREEMENT This License Agreement ("Agreement") made this day of ,2006,between City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, a Minnesota municipal corporation, hereinafter referred to as "Grantor," and T-Mobile Central LLC, 8000 West 78`' Street, Suite 400, Edina, MN 55439,a Delaware limited liability company,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 80-foot tail monopole(the "Tower'. The Land and the Tower are hereafter called the(the"Proper)'"). B. Grantee desires a non-exclusive license to use 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 that part of the Property for the period,uses,and consideration in accordance with all of the terms,covenants,conditions,and provisions contained herein. 2. Term The initial term of the license granted hereby shall be for a period of five years (the "Term"), commencing on the earlier of the date that Grantee begins construction on the Property,or_All Ue _ ,2006(the"Commencement Date"). 3. Consideration. (a) During the Term, Grantee shall pay annual license fees to Grantor is the following amounts: Year 1 -Twenty-One Thousand Dollars($21,000.00) Year 2-Twenty-One Thousand Eight Hundred Forty Dollars($21,840.00) Yeat 3-Twenty-Two Thousand Seven Hundred Fourteen Dollars($22,714.00) Year 4-Twenty-Three Thousand Six Hundred Twenty-Two Dollars($23,622.00) _.........__,�,�,_ v::. _.w-Year5-Twe FourrThousand Five Hundred�S"nty- txty=Seven'Dollars-($24;567:00)_-"��-�' The annual license fees for the first year of the Term shall be paid within twenty (20) days after the Commencement Date, and thereafter the annual license fees shall be due and payable on or before each anniversary of the Commencement Date during the Term and any Extended Term as provided hereafter. 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 Mowing(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 ground equipment enclosure consisting of approximately five hundred (500)square feet to be erected on the Property as described in Exhibit C attached hereto ("Equipment Structure") to 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 C 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 G.2nlO� , as described in Exhibit 6 for the purpose of inspecting, maintainin 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. (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 Exhibit B as "Exclusive" (Exclusive Area ) shall be for the sole and exclusive use of Grantee,subject to Grantor's right to use the Exclusive Area for its own communications facilities or other public purposes in the future, as well as for the purse of maintenance of the Property and Grantor s egefrpriieat:"`Grantee"s'ticense`to use Fall otherportions of Grantor`s 2 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. (a) Grantee will be responsible for installation and payment of all utilities required by its use of the Property. Grantee may, solely at its expense and subject to prior approval of Grantor, install or improve existing utilities servicing the Facility and may install an electrical grounding system or improve any existing electrical grounding system to provide the greatest possible protection from lightning damage to the Facility,as depicted in Exhibit B,hereto. Grantor will reasonably cooperate with Grantee's efforts to improve existing utilities on the Property for Grantee's use, or to connect the Facility to existing utilities on the Property, and Grantor will reasonably consider execution of any easement, right-of-way or similar agreement that Grantee or a utility service provider may reasonably request for any such purposes. (b)Grantee shall pay personal property or real estate taxes levied against or upon the Improvements or the Property by Grantee. 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 costs for maintenance of the Property that result from Grantee's use of the Property shall be paid promptly to Grantor by Grantee upon Grantor's incurring the cost thereof- 8. Ownership of Improvements. During the term of this Agreement and any Extended Term, ownership of the Improvements will remain in the Grantee. Upon termination of this Agreement for any reason, including expiration of the Term or an Extended Term, the Improvements shall become the property of Grantor,except(a)the transmitting,receiving, antennas switching equipment and cabinets commonly associated with wireless telephone service, and (b) those Improvements which Grantor notifies Grantee of Grantor's desire to have removed. Grantee shall,not less than sixty(60)days from the termination of this " Agreement or the effective date of notice,remove those Improvements required to be removed by Grantee and shall restore the Property from which they have been -removed to its condition at the commencement of the Term. Prior to the Commencement Date, Grantee, at its sole cost and expense, will procure and deliver to"Grarifor"aa iirevocalile'lettef`of'"cr`editiri &V �bf 3 principal amount of Ten Thousand Dollars ($10,000.00) to secure Grantee's obligation to remove the Improvements. 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 letter of credit so much thereof as will reimburse Grantor for its costs. Any amount remaining will be refunded to Grantee. If the letter of credit is insufficient to cover Grantor's costs, Grantee shall promptly pay to Grantor the deficiency. 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 Iiable in the performance of this Agreement,except those which arise solely from the negligence or willful acts of Grantor, its employees, agents or contractors, and/or (d) arising out of the installation, operation, use, maintenance, repair, removal,or presence of Grantee's Improvements on the Property. (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 reasonable 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. (c) 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. The obligation of this Paragraph 9 shall survive the expiration or other termination of this Agreement (d) Grantor's Warranty. Grantor represents and warrants that it has no knowledge of any Hazardous Materials on the Property in violation of any applicable law. 4 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 form contractual liability, 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 PMRg!y 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. (c) Hazardous Materials Coverage. Grantee must carry sufficient coverage,to the reasonable satisfaction of the Grantor, for damage caused by Hazardous Materials. (d) Excess Liability. Grantee shall maintain an excess or umbrella liability policy with a combined single limit of$5,000,000.00 per occurrence. (e) 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 the liability policies that Grantee is required to maintain pursuant to this Agreement shall name the Grantor as an additional insured. The insurance polices shall provide that the Grantee's coverage shall be the primary coverage in the event of a loss. The policies shall also insure the indemnification obligation(s)contained in Section 9. A certificate of evidencing all insurance that Grantee is required to maintain pursuant to this. Agreement, together with an endorsement that names Grantor as an additional insured under the liability policies that Grantee is required to maintain pursuant to this Agreement,must be provided to the Grantor 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 oP rh'• � ) P � ... " 5 may not be canceled, non-renewed, or materially changed without thirty (30)days prior written notice to Grantor. 11. Temporary Intemintions 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 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 Grantee. Notwithstanding anything to the contrary in this Agreement,Grantor acknowledges and agrees that the FCC is the only party that has jurisdiction over the health effects and permissible exposure levels of wireless communications facilities. 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 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'insfalle3 on the-Pro e _use_.. p rty, 'if any, (b) not any prose§s or method'ui fhe� 6 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 or reasonably anticipated to be Iost as a result of construction of the Improvements upon the Property in accordance with the provisions of Eden Prairie City Code Section 11.55,Subd.5.C.9. 15. Default The following shall constitute an event of default by Grantee ("Grantee's Default"): (a) Grantee's failure to pay fees or other amounts due hereunder within fifteen (15)days after receiving written notice of such failure from Grantor. (b) Grantee's failure to observe or perform any non-monetary 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; provided, however, that Grantee will not be in a non-monetary default hereunder if it commences curing such default within such 30 day period and thereafter diligently prosecutes the cure to completion with all reasonable expediency. (c) 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. (d) The filing by Grantee of a petition in voluntary bankruptcy or the malong 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 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 (e) Grantor shall be in default under this Agreement if Grantor fails to observe or perforiii airy covenant o�condition contained in`tkiis Agreement vinthin'"v 7 30 days after written notice to Grantor specifying such failure and requiring Grantor to remedy the same; provided, however, that Grantor will not be in a non-monetary default hereunder if it commences curing such default within such 30 day period and thereafter diligently prosecutes the cure to completion with all reasonable expediency. 16. Remedies. Upon either,parry's default, the other party shall be entitled to seek any available remedy at law or in equity, and shall be entitled to terminate this Agreement as provided herein, seek specific performance,and/or seek damages. The exercise of one or more of such remedies by either party shall not be deemed an election or waiver of the right to exercise any other remedy. 11. Duty to Repair. At its sole cost and expense, Grantor shall have the duty and obligation to keep the Tower and the Land in good condition and repair and in compliance with applicable federal,state and Iocal laws;rules,regulations, codes and ordinances. Grantor shall have no duty or obligation to keep,maintain,repair,restore,replace or modify any of Grantee's facilities,fixtures,personal property or improvements located thereon or therein. 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 (a) Grantor 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; provided, however, that Grantor shall provide Grantee at least one (1) year's prior written notice of any termination pursuant to this subsection 18(a);or (b) Grantee does not commence installing the Improvements within Twelve (12)months of the Commencement Date. (c) Grantee shall have the right to terminate this Agreement upon at least one hundred eighty(180)days'prior written notice if Grantee determines that the Property or Facility are unnecessary or inappropriate for Grantee's operations for economic or technological.reasons. 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, _._ m.0 _..._._ except Grantee's obligations with-respect to Sections 8"arid 10'of this Agreement 8 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 Liability. Notwithstanding anything to the contrary in this Lease,in no event will either party be liable to the other party for, or indemnify the other party against, punitive, indirect, incidental, special or consequential damages, including,without limitation,loss of profits,income or business opportunities. 20. Condemnation or Destruction. In the event the whole of the Property is damaged by casualty to the extent that it can no longer serve its intended purpose under this Agreement,or taken by eminent domain,this Agreement shall terminate as of the date of the damage or the date that title to the Property vests in the condemning authority. In event a portion of the Property is damaged by casualty to the extent that it can no longer serve its intended purpose under this Agreement,or taken by eminent domain, either party shall have the right to terminate this Agreement 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 this Agreement 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(unless Grantor is the condemning authority), 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 Buil n2s. 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 building. 22. Extended Terms. Grantee shall have the right to extend this Agreement and the license for three(3)additional five(5)year terms ("Extended Terms")by giving Grantor written notice of its intention to do so at least six(6)months prior to the end of the Term or the then current Extended Term. The annual license fees for the Extended Terms are as follows: First Extended Term Second Extended Term Year-6 $25,550 Year i.l, M,085 9 Year 7 $26,572 Year 12 $32,329 Year 8 $27,635 Year 13 $33,622 Year 9 $28,740 Year 14 $34,967 Year 10 $29,890 Year 15 $36,365 Third Extended Term Year 16 $37,820 Year 17 $39,330 Year 18 $40,906 Year 19 $42,542 Year 20 $44,244 23. No Representation or Warranty - Conditional Grant. 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 *the 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 to 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. 24. Entire Agreement. This Agreement contains all agreements, promises and understandings between Grantor and Grantee with respect to the Property which is the subject matter hereof, and no verbal or oral agreements, 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. No course of dealing between the parties or any delay on the part of a party to exercise any right it may have under this Agreement will operate as a waiver of any of the rights provided hereunder or by law or equity, nor will any*waiver:of any prior default operate as'the waiver of any subsequent default,and no express waiver will affect any term or condition other than the one specified in such waiver and the express waiver will apply only for the time and manner specifically stated. The invalidity of any portion of this Agreement shall not have any effect on the balance thereof. The provisions of w _ _ , ,this Agreement shall-with-the-Land-and•be-binding-upon-and:inure-to-the----•-- —. �—W.�.•��._.___-_. �..w_..__....... benefit of the successors, and assigns of Grantor and Grantee. This Agreement I ' IO may be executed in multiple counterparts, each of which will be deemed an original,but all of which together will constitute a single instrument. 25. Interpretation This Agreement and the performance thereof shall be governed, interpreted,construed,and regulated by the laws of the State of Minnesota 26. Assignment. This Agreement, and rights hereunder, may be sold, assigned or transferred at any time by Grantee to Grantee's parent,affiliates or subsidiaries, any party that merges or consolidates with Grantee or its parent, or any entity which acquires substantially all of the assets of Grantee,without notice to or the consent of Grantor. As to other parties, this Agreement 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 directly or indirectly controls,is controlled by or under common control with Grantee. In the event of a sale, assignment or transfer to a parent, affiliate or subsidiary, Grantee shall remain liable for the full performance of Grantee's obligations hereunder unless Grantor expressly releases Grantee from such liability in writing. Grantor hereby consents to the assignment by Grantee of its rights under this Agreement as collateral to any entity which provides financing to Grantee. 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 Lease Administration 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 If to Grantee: T-Mobile USA,Inc. 12920 SE 38&Street Bellevue,WA 98006 Attn:PCS Lease Administrator With a copy to Attn:Legal Department With a copy to: T-Mobile Central LLC 8550 W.Bryn Mawr Ave.,Suite 100 Chicago,IL 60631 Attn:Lease Administrator(MPLS) �� -�°��­_.`''Notices•shall be-deemed-effective on the earlier-of the of deposit as aforesaid;provided,however,that if notice is given by deposit,the ' lI 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. 29. Quiet Enjoyment. Grantor covenants and agrees that as long as Grantee is not in default hereunder beyond any applicable grace or cure period,Grantee's right to use and quietly enjoy the Property will not be disturbed by Grantor. I2 IN WITNESS WHEREOF, 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 T-MOBILE CENTRAL LLC Dater ,2006 By: �( Name: D6borah M. Barrett Its: director of Develooment& Operations Taxpayer ID#: 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 )ss. COUNTY OF�' ) The foregoing instrument was acknowledged before me this day of 2006,by De t A&rrc��the s r .-dens of Mobile Central LLC,a Delaware limited liability company,on ehalf of the company. &MA" STEPHEN MORRIS EDWARDS Notary Public Minnesota rna* MYCpmmission Expires J�uary 31,2009 I otary P lic P.\Hom6JMT-Mobi1e Leases\Senior Center Site\City's third modification of Agreement doc 14 EXHIBIT A (LEGAL DESCRIPTION) Order No: 10838212 Customer Reference No.: AlP0742A/4550103711 Part of the SE1/4 of the NE1/4, Section 20, Township 116, Range 22 See attached Deed for complete legal description AND BEING the same property conveyed to Village of Eden Prairie from Prairie Development Company by Warranty Deed dated May 13, 1964 and recorded May 13, 1964 in Instrument Number 3474591. Tax Parcel No. 20-116-22-14-0001 1 4 5 I 414 1 ] 1 VICINITY MAPI PROJECT DATA ° �I lf�t'A ,•rr i w n fill obi e T M IaKN.tr.( a y tmKl•AfPR.saxveu uA.�� i E g GENERAL NOTES SCOPE OF SUPPLY PROJECT TEAM 1.M mawrW DWI r.Ivs J]Y owK »mi..,erw IIrY1 Du+uY r Jls :° oa vL90arrc LWrc°a vo r.L Yea ra w mam r w�eL I.a�a wwm. Rum'= �TLfr pAtl ]u raL. �f,.ra'�1 ».' ut ramGNiK rmal� oe;i. wYu NY wN m ]YL r�" r RAw tAxo attE X co-LocATwN sNE MMWp�amubanw avu xm .w m[w K1A M a+x°�.meYla YaK�ne u�0°x K P�M°Lo u]]n qp wum,m r emwp b xal tunwco p,ww W m•••�••,••• SnYCt.M9 fnO l�0.W Kn»R f°tl�O�WP°a 1F N Oa�OW� mr] w K�GW°9MV�K N Milbr ,-Yfwt wYla.CrGR rL IUVMY raNr>ta+ ]m11PKmY WnuaW iDLmCrBp� 4YImG.ItlIIS i M gDWt YgiT ALL Lplanaa r 41CIY q 04 1W am5IWirr MlGnYr LMLap Ob.rCrW PC IrNLY/rt1C01 1-YWLL WNIIVLI°. �rN01!°Mtl�D CLl}pry Ya.aY°w°n'm rf]..m D4aD1.M�0. rrK D»GY K IYK iio xe vml uc Ot•uJN,WI +-Ipt[ °Ix.rm.. w c4w i-YOK[ Ifs,n/nrnex Y°wsrt.Yew]Pu '{ SITE DIRECTIONS fin`i. ra°p°11O1wei.Km]L YwK '» aw Gwn ]-Jmc vsuYMaw oK efrxli r-uW,A wL rm4k M YfMK 1f.�mlrYtKP/M°� 1`M�Iw�61 ars tlMtlf I-YCw[ MIWIrvgY wttWP i-YtO,I r�mL'CmR •.M iGtrmA liW4•..,[p I,l WK atlY MYM[ YT9DP.__ __ 0.�d_��,-IYM� �ryY ]•]aW[ Wl° wo LW U!l T-10mt L9YIIYGW - M.`wmL iW r A]rm rl]O WaiRip tr]Wl W+WQ1q»N] mal Dr YewA Nwn iDarA,mt .IY m LY�5"_+W.�l.,os .... E . YyP1YY]MaBL�om]gCypCaYprpr/ApltlwY.irlR+wL. 01Ktrf[fY. M�°Qt N�]WL [_,OWL OMLWM aa]p FA{9 LYWt Ltl°0.1CIP1 R00° iM mKm [WI NNgt 4GC °O[Y ANF[®YaW YKr]P falgKObf�Qd•411PL, W WlKP4i w[4 1011Y fa rMwc,UwloY mwL M]].papruM Ku{S,Yi wan6 .11xYlt fiat6 ]-YpYtt WYmc(u uY 6o+YWt KaY¢9 f-wx[ WYmnam Lwow.YiL s]T1. a61r4 eF Kwtf[Yll,et u M tvMYK G'MI OYKt 4aA�KrWM!YL ]A1spO ra xt Pµ NdiL MYl•On ,-WBIL LGYrKIW WPr�.cn rM cW 1-W4LL WmrRO. 6 6 by1[[aYPY1ilOR W W.K KOG.9tl[]K µpMiRl°WIL! 1F pPVry{/ar�P'w AMY PWL YQ]r(Yp1yUY q,vq QaYLiO rlf rM fW t-YOB][ mM w CK P1WYriC WIUWL WMrCw�l rDM1Y1CrW YY Rq]R W fmltP'.iftr fRth.m•IgrR.PY bYY Pw]xNKL'f M W t.NmGW9W� PN UCtW]F YYOWI OW�PKIdI LWPNCIOY YUMY-,NrW Mf NOR] T-YDmf W°NOM Gll M IY]WJItw YGrxvwrWPY orYK r]a' µSp WW IDGuw rsi.rJl]Par i-YWI[ Inrtr.LYc tAtawL.YLcr°°"v° '-'p"` ,GOPHER STATE ONE CALL "s K PMl3 r Ti fCYf rRCO)�.� N/A]m1N WyKMPa4.]WRM MO WNId'O�.OL°1N uvLWK rM+M RM m M° /-YWI[ limrNlGl >.u]QR[WOM 1-YWl[ CGIIINC]M .DODw[2]w ce Tx 1•aYR u Yt+w.na)e..[m K vaK,1t Lpu,rt • •M�°a.mG W�YfYp1f K� �rax GK er M uR w10Y°nnLm. +PH°uK INlow r.YOrt aoMMIC10Y nx[ mtlOMi°. akAY.tw 1. rc 1aL f-Lw-tft-,1K A rs� roxL mx.�c+cx WxRKIa+ rmtYPmw Yax °" taveWrml.m,.oY.nw ID lArw oofr,Lfa uomLarns.w] WM.]cm. mvmlmW mTIYIN WmGma Wx1.xIK ABBREVIATIONS DRAWING INDEX .+=Y'�Yw" ua G..- ",®"Y nr•Y CODES AND STANDARDS mewr' °°'"Y"e'°Y wY.Ye o" °a°'°Ya]°`a."'L"°' mmw.'°' Lanft t ].lMN{.exUGM DWI W W11M M.IIIp'6•InrWf R6faMC1.KH.q OpMINLT04 Yfl[. °�+ mwR°,.G iR°YC yKy GepY]r1�ryA�xpN MV fMW[ y1]t-.]Gi...-.g9plpMy°pYMKI1Ww1�/.W R�rY.[YPY9 GIYID WtYlr4 M uD Dltl °R�KTi0. W py y M� �1X[WRr NDRO K1p mN] mow' OG MY� aL /mPYDC'IRYOIP LM01 .fl��;Al..--'M1NR YO°L1m1�+W[Y DWmM mfOPK{i G M.I.JR m ii��y1.c ° t°DWI K nliK�Ig�mY G M G•taGd,w Ilr Wo°c'W.ao+Ja+ts+n.IY.Y....N •¢ u.w]Wr ��yrp_f�"-'' RYt.aP Gwawi°NY ,Pn]t w p6YtYB.1 YWaG1 D.o.Y Wf]Yf ] WATER INNER SITE RONVTDP SITE mL a. mY0Y0 a Ym.Na w�m mrY rwY wYa r p x ] a °PY]sDwq rLYr]xm m w]um m Iw rw]w Im m.mn ry ]u O•DYI.rW aN+JuxY,a K RYtn rW 11r.f1YKo x a DNbe[�rgl4frNL w.mD mW .N]IAxe]Y TrYRt[ N~m AYrw]rIDIGG a eKi Warta °vim. m w CiDoli rlwawre ouw.-•u DI- EK IW trrm R.Y. A Wlt•Lr]I,mlll M UIIW 6 ;YWi DTD�gMMt01f G mYpYilWo9 • iW�1gxtM fLYI K KFRIGOt f°R S(WYALR ryW�tDANµR YAYDWa mYIGVA NimVRI m]mDrfml JWYMTOH f°tlYK�> W.DGW WrW uwYW Dt4 YWM i-WKL mM�YGN. ppp m piCWLT(MraKp) nYMx!-At -mWGA°DN tl6M01U�0°IKr1xNOC . SIG MVO 9N MI MJO°6 D]POOY59 YO i xqC DW Wft t4CtYLLLK/IW 6LGiYR DOC.N 1Y: 4wWI T.ICGL WDRC(4Y IY:(]r�P/rLILN ]-YGIL[ tq°RIG,DI °p14 opYD1�A {»pw-/ud[6 1 -N0 9l 1. xt m.a1.INrw rJsa t+v]I ierv.AY w aey.�Yq W xw PppWD.VrrqWYP11t fuuax YYfrM.'RLR1N Jam¢1wx w GYYT i_1Lgi .minm°umY w a.+o ,•+mwi YMDiMuetl (DlCer[A°� j °iAp n•M-[{fww�m]0.Yri wv. mWow ] Y mYR oaw]Ye Lgti NGII Ymx M WRDYW 1A°pt(LLSY Wirt NDe 1YM •6rM1YMr� °m F° LYCK] MPm1WpN M W]m6 1-WY{l 6R{YPWgY I[Pr YaG Ypf r(61140 +Y�Y RDYCYrt T-YOKi m•G1Lfa Wm GSL f-YuaL mta¢wL p f: euraro-[x PS_D� cau.argww 1+.M n]laan.t ba.Y DWI tAY1tY + ° o'"p1r ra�anw0V1'wurorrO""'i]D P wma]m°ai"OYYu �.aotK �.m[ ermmcw saeu Gaul ]wmu Larue]K sYvwLP Ya]aavnaL wnrwqW.[.utYP.l. K1rP»rx rrm sw+mx LEGEND Dr+1mrt JYlttyn -KK[ WPrcmA IfN 0.•s rmac uwrw +-Im.0 mrwc]oY xO10Y. vwum,¢rY p Da�espwvY�°mnt t1I�p�]p a 1116-DK,- war trYaum-Yx DI-ADS IIICIKM ptPgDOY1 RININ fi msu ca+tY Dm w �mrm wuww Imt roc tRx r-faaL[ WvnYefw GwrD1m w Jn.•1v +.YLKA WY,.IGa Itvlri. °'mWiL.LL, m • leutlua x ranY,c K.wDfm Y+ICWIt WlKmrn mnT.mrK ..[aYYeaYe w.ruac ewWera W WJLIu °]�• � a M v.w.e-YK fn- I�Ir°+mLwr oa ]voYl w 1vtl01is Wm o+x 1 li• �x wL w �N4 .v YKr PI-IVAI.Y 1f.a11•f PK...fyn W Wm,KY r°I.w YGTaw[[tDK RCPr w run - �'� �YrIID•v uT]LltKtn r wmY.+a] w+re+a roYK mmrm.xu mIWGa WmaL+at x o YY.WCL rmK»mrawa g ��o�'w.w¢GWxo�°I»'W]w rtasml.m no.l mYnJcla awWcw m]m f N✓t.AGmlp]GLt.RRR[YNPGy KCY..n1M Il .NfIL YtrT an.6t OI]YfxlarN DRYGr CbmPErK AYtl1E1W W K CUN WpI�1w1{..Pas aWW'w1GfYyc/�ppgrfii mmucr A SECTION wln astuDLcr A Ismt ras aowcero+ amm�a *oR �wN.Y�ay LpWt0016 II1°°1m11 W OQ 11[YJtYs«qO Ol° sl Klu VM1 IIINf V w�tW 1 mYOW.sK m- �YG cG.ar[.SwuroY °wDxmwmp R�w a dt vie mr+c y wnW ar 1r Y).Yr]Im�a] r r r .rYt famrrlrT I.rw. rrauM. r.rY � EDEN PRAIRIE SENIOR CENTER IWA MAO rK WanNc,a . r°'Y"'.{°]� w au f a.•w LY.wrwr".7y.1: m. ... A1M42 L 3mp ovrte oN Im ■-TT..-- Y.Ym ua >wr rK ]rr u.°"°w Nr•r'°"Yr` ${ ti lvmr �YWK PROJECT INFO.&GENERAL NOTES • i • -Mobile•• M�tlll gKMr PYgl��taf ` Q;Ww BRSD[DEN PRNRR:ROAD Pr�rWywtMOL r. rrvw .Ya EDEN PRAIRIE.NRNESOIA yy Ifl.r 1' Nnr rC MINNEAPOUS M i t _�eAIP74241 2 8R mn wo MIr If'Ply-1r Nw N •Wu ura•-1r0oO er lr DmDlfaw I. EXHIBIT B ?. ' S f i �t S i 0� f C Li CC! j: -D A gg �• �� � •` dcY•i.�YUO' •■ IKY rwwr 6QIOR mile H��r WY■YR Y!0 mel NYI[N]a 1 S p �� ♦� 1 1 i Yi . b6GRN QC16 m� i Y Y Y pUE } ■ S EDEN PRAIRIE ROAD I 3 r I y I io.ama■a ouiow i.oin SITE.PUN e ti rN eew ow r r .em owe r.i.w i My•.�w�.b.wry w�r1 EDEN PRAIRIE SENICp CENTER � 1pt�y TMY^ 1°�f• � "" $'c�i�.,.ry ur`.,�w7wr,e"' w, o.iw AIM42 1 Vi4e1 ■aa le■Ki■iw�CA011 4 t>K qa Ar.woaw■R •.Ye.t e.wb•r YrnIW S. •weer wv»Ja SITE PLAN I 1 e149c ow5(A./.t1+O Pouf PAYttYr�}CwY �rpiyy��■p 1: n f�ivpiC bF bl ��e6Wl wGn' r T r r O 1 e EM EDEN PRARiIE ROM V I �.usv�*w�indwo a+l+ wiw.w EDEN PRApilt,u1tWE40iA i>ut � yg MINNEAPOLIS MARKET �.> Ye aN ou.■c AIP742-C1 2 1 Yl.w e.w+w-mo ep ■n ie uekla.-m oioo .ma Y»eo•mo rp Iv ru w w■ i 1 t f i 1 A t a I a O N r .a , I-W.IR y 1 K OMS r ,LL J `l J Oi�r`C Nf0wC1�OGM K G � � � 1 1 ` rr n i r i r �1 rr -1 r-i r nwdPn .I v —it Iuax ma InIW IlIXMC 121u Wx f twbtt -0 e0! I-YD.I[YA'CpC,fi[.00nY /�.PuORK!p1 Mtl i-�Oit{ uw�WS .e,.PpA,O b M.14tlVA) P✓s>u fWRI AWNIQ �I�� Y-- Cc� taw+eeo n wmuewu Cr � Pt i_� r e � a c ®M t Y9� FNLAR4E_n 1�tL o ro rnxe.malty r n tlw/a >ma�.����� r •6mm n dbnI�.v' ow !'el. '°wu°m r'° Iw...a �e.��+a erw..aa*+4.r r �w 80EN PRAIRIE SENI OR _C_E_N— T_E fl AIP7 d � � ENLARGED SITE PLANT Mobiler RM 4 iocx PANNE.i INN� MT ye• MINNEAPOLIS MARKET " ' 1qI+"" �. �W��A7P742-C2 2 i u-p.n.o .m wm-moao P is I is DA,.n aA„ nn�'MOv+R"""' xn•nR ao taw blt na,noAnt 'p' Iwc rw•na,w•a w taa,wK ��•A u .m•,-a tV012 r(n llw7 In•crew rAu PM .. ,ev,-!n vi,>a> u wa-,aoaro o v t a Iro•,-> Wuac u• dAj w f .v OofIRO 1: n �-10-� a tl IW' -Valttllp' 1 >Q W t��MIIWW . H No•1->/1 IFEW�wa I I u au-,>-eol. ,ra o n ao'asn a1 m,e. '-sn, u •1 I; a un-n-Rn is v •• ,n•,_ avn au A ,tY 1-in ![twt R,C u Ao,-s w— a• i r qg� .ra low aanwwn.atrot 1•>w•w�wR+W t!• zpp/>11•t • 1• �OI94 IliMG,YiR.t W WK tp�'MOD M[ND1n r0 K ��[aR rAY[I[Wn•Mn,NP VT gllf feral VWIIC 2 MA lMpai/tWf nAa W K Capt(Mtn V Wwt a) QI•Ib6,/Ji0 1/Y>ID[NC btct•ri IVf. � ♦ 10a p 1•AP I.IWw!lnR1 � 2.I,rrwlrmn e,Ru R.uu Wux m>va ms amRn• 's a•mc w a•[ne v WnA«s ra[as f S• WM[Y W Y„D,CA•.ni W�(ro M D _,M,_�p IDn1 Pt OO MRVMdaV �rpp�Rrea aa:t>,D•,+a,•1 rxnW W V.aa chnl K pk—[r 1[au NV OPw[wo w a�A ln,�iWia,l�"r•a bM•'r TRlan,tN [1n1YD RYD�) F !�r'B,mY GB"[ptl COV[nW apl. > nWrta taper N [0[W FInP S 2 2 W'-•-VMI.fAgl!OC[>•lxnA K VAR•V,M I.a6 nal, +�Ot R+ttT � a NMYN! R farm.awn 14[.MM u i.lw a rla•i d�ianvu�ele 2•twl n rl,s no•n,. [T-A•MIfD"® p11!VlalalA REDUREY[Hf9 • wt w m1l2 m' Dat WaR w tllw aM[ 1 +u a[Ib•1> ' of a PAirA !!' In• t i 1 ®[awl �s-.•A.[w•nc aw.eA _ J wuraaf w°`Oa axts a 109 C WEST AYION,177:7�• A 1 yap roe mlDmlrn•1 [a•,ta as wx r.W ELA„,1`�6 MEN PRAIRIE SENIOR CENTER r yop once[ter atr a Da waK T A , i- -µ"'ice•' vtl^I! AIP742 • 1 ■ Mobxle N• � Kr��� Ma,r xrrw ;. awmr pV" ANTENNA INFO. ELEVATION .L."�.° 'wr'� p � �°ir a K tr�r�lE 4. w..- 89d0 EDEN P ARR'RWa C 6xR'ir�Ym[ .,fv,lri EDEN PRAME.NINNE9OTA MINNEAPOLIS MARKET "Pp0 ye �I +„rm AtP742-A1 $ 9 mow j}}II o bw D w D 1 i `s a>.>•I.A.I, i. ..x.•W M+P Rt mM..•rK WH0. • pyy( L ICG14 rYrlClallMtf7 IW�.l/At .m.t sow eee' - 60D• ........... ua•.r i 1 De> ..... I O s I O • r ons•AAaw. j: I O Ociao,a�b 10'•W+ EAST RETAINING WALL ELEVATION i I ,ccP rr-I�a I' la1O'Asvxo m,t w x tPlmn>vm - I � uao nnia°�anmlw.'rrW°wo � �+I'iK w a.m.um wn ••ar.n.Aat mconacla } r.Inn�i+wt mv al� •ra•.rw.on. .�voau • ! t D-jm�j CEDAR FENCE SECTION '�a�i�wf°tP"�`s r.cw,w.a drovm m.er ear+ert• st � m>ur w x•rru•a.•I.sr s wnnusa .anal M M.•c•a As N,6 a A[Aroolls aw... x m.w_na m ceu r wa N eonw rvr a ne.ra r n..ul..>u twuz ,• �.slou,M � .Im • MIND lri n!LW W{r ND�nC M _� PVC—BEC�TlON� ay.� M•�'Y"i0 i SECTION i I r.q•r.u�l�u.l w v.,ewr.nI....„wn R EDEN PRAIRIE SENIOR CENTER r WWt mlm.a coranlc,w �a IN.tt wa wti Iar.pW— aS ynq twat re.atr a and r.a,t • frc or..w�x°°01p'p1 ru a �.'�r'� �. ; R wmr _11" SECTIONS AND DETAILS LI • T • -M Mobile p���,, �M � r e950 EDEN F W IE ROAD irmga m•.nupi Awi.�d"� '~� 1 '�'� EDEN PRAW.NINNEMA MINNEAPOLIS MARKET rrw ASP742-31 Y rw.r.7Sfun->n ow ...e-m Da I { i ♦ a ♦ s � f � f 1 1 I r-r # r-f• r.a• 'lox N f1.t0Vf[�•WyfK� butt a4s fIW loxla w.4ia4 inb_In:tl>xoc �. w�p s� laawwo4.fro' f f-4gYN1Y-P wvbrto[nWaM =T JnLd .xnf M[ a KYIS) 1: f/fY f-m4a . wwrK rra m K ar f"+R,I;lorYc. l 'mR'p'4or , r'4wd 1.wFlall m�o4s�`a.mmf♦x'R t •ea Kw�orn a ffmxm lovwnrt IMXr9RA 3/P u If111 t. aJpgfrf�/r�� wl.In a/♦-m u i. lObr.KY 6a'. 1 i��sqp ���ioonrfw�sR.l y♦'u aw t +flwm[ .a�iaR ;; Na,mRO/P-t tt fwaonl xfn°� �f a�uno xoo.J!f'ae•-off u .' }• iSiY.d { 1 i -Y i' iQ>wry vto-fif { SECURKft:cs qfn j: C J 1mux0[ A ii _ J .,tc ImK IaanwalP fi Q W { yy Wti iiA lL�4_i/1u MfIRYO[NVCLR 141 i ILZ § .1.'�'0lax�+mfi�44aa 7 S �• fn•.-If.a ff.fxa � T JA'W-P Ll 1NfI01i b rAOPmw♦aM0 W f4M a/♦-m lu wf i/r 4 ftlf xfCu ra1RA ♦ inL.f/rtli IO6.PsiA PWfA i' yypp�rpp � �. R f NI♦M flf 4 � Iq r4f�Mf0.�' is (mil( 1 ;• 1 p 1 1 1 � � ' ; 1 ! !J ew a fd 4♦- ! ; ; 'i 3 p Rav m•w awr fua a•w I 1 ; fal rmft p ..c Imo a w4 f TT ! �E I i it . e fa1 SECTION�1 q 1 WAV UIDE RIDGE D•� WAVEOUIDE BRIDGE SECTION F Ai rff. (,Al A rr RIII .usef elwno+ r ww. rma.4r.f 'f 1 1/!Ib ®+If ap wslrcra fjjlj """"1vn ijitl1eiOx`` ■ '�`carofl.c n.Aawaaor xy.f a w-.1le r�1=�1e rfwAsw t•y....:now EDEN PflA1RIE SENIO R CENTER w AiP74Y a NW MILE SECTIONS AND MAILS ■T ■ .Mobxle■♦ {e asso EOEN PPNRH ROAD nrfo.a fYat 'j:. EM PMWE.YRmUWA MINNEAPOLIS MARKET +� A1P742.32 z w,ll fwlrf.-.ra ra wwr.m-maro rfln.-.ra+o .nw Ar ! 7' i' I. i i I i NEW SERVICE ONE— LINE LWE Dw6RnN I' STANDARD(24Wr) a ae (AAla as Alrrw auwwlml Qs, !. m�"A.efua'm'="wtn°p1is � W./.a.A...w aawaclla.+ ------X i =ow`aAaco . wwa NOW. f 41=/.AAa asu.wwnAM Va remlml....lu/A � � E Auaa auaD I: r11NOt M W• pp�uhrrAe! �� ./lA.pl fabr+O.jWa1. .r., pmw:a ll[Ca1C 1p[L.rm[ e. 41 Is rrf � ' M WWi mnaiAwypq/a=a WIRING DaDRAU P. m wsAw pp��AAI Ne � 1/.as eseu ware 1 Awl 7r . nr a(w.wrw raa equ•w e•ml ala A � 4,N_ � 1 DrrC q aN vAOrtA-tu 1^ __ »� •� .�am"callAa a.� w W sA•.awe 1• �� �i_---....--� OY6 N VIOrA. . �� 4 apw/P 1W gOWYNAWe YAr ppipp- �'. � pO neA W G4 qa A/4 e.1.•11.W.Anlw 1..[ aDw •nP¢Au Y a N � Rr./ wa=f$lr.lA..en�nw. ��mna 1 2 rarma= repsAr1'�rA K'MS°'0A•Awk A°xw"�"eae°"pfQAwooc�uL N=mlw.mm w�su..1/ ii.wwm=m`w uro vl.`..woA r Ana e*t A a raam !Im NrAK A" �. nla wA.alm I..la w- aw..a +uAw•rwml.wr r me wa maw Illlr�7R 6 aN W maw IaA pNb M(IIWR W W App t 4 mom I g 1.pMraprKlM.[gNprom �fIWnW=YWtt ��yp�( I iEa N IM�,��gM�YAIeG W W1w=I 4�iMA IfIA r T9 RKO�� 1 O 1=AI IOW[a WIMYYwLM � Pg N` rr m�inaw=°"4mas.nm POWER AND epeuuoluc rua Amm.w.t rcaa 4d� A I wr uw n r r.aa.r.lr.s runs EDEN PRAIRIE SENIOR CENTER wwrMa as w.ww m AW 4 3 auel a.exi a. mwDl moat • lwA _ .�oe�lae w w.a:w.✓w�w w�sna .� rrn w A1P142 li T Moblle war Aq°° we=� POWER AND QROINIDINO PLAN ZZ M M ! ■ Re -°�rA"sia Qra 'wo is 1 • w• o.enu"�e�mo r.sal.sra Irn"i.a' .,,,aww wm 1930 EDEN PURIE R" ua ww wem[miPl aA..eml n qea �� �• I EDEN P"w.a9ANi9om MINNEAPOUS MARKET wms wra wam•a•so sD i�. I f. EXHIBIT"C" 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. CADocuments and Settingsysteekler\Local Settingffemporary Internet HeAOLKI201OWs third modification of Agreement 7- 17 7-06.doc EXHIBIT"D" EQUIPMENT LIST FOR INTIAL INSTALLATION SAME AS EXHIBIT B CADocuments and SettingslsteckleH-ocal Settings7emporamy Internet FileWLK120\CitYs third modification of Agreement 7- 1g 7-06.doc f EXRISIT� TECHNICAL MINIMUM SM STANDARDS Grantee will need the following minimum site Standards: Elev ft My Antennas Mounts Coax Carrier 70.0 9 ©R65-18-02 Low Profile Platform 1 i 8 7B T Mobile to Site Number: AlOP742A Tower Lam—version 630.06 Site Name: Ed=Prairie& Center FAHIBIT F ANTENNA SITE INSURANCE REQUIREMENTS The following are the antenna site insurance requirements as found in Section 10.of this Agreement. 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 form contractual liability,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. (c) Hazardous Materials Coverage. Grantee must carry sufficient coverage,to the reasonable satisfaction of the Grantor,for damage caused by Hazardous Materials. (d) Excess Liability.Grantee shall maintain an excess or umbrella liability policy with a combined single limit of$5,000,000.00 per occurrence. (e) 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 the liability policies that Grantee is required to maintain pursuant to this Agreement shall name the Grantor as an additional insured. The insurance polices shall provide that the Grantee's coverage shall be the primary coverage in the event of a loss. The policies shall also insure the indemnification obligation(s) contained in Section 9. A certificate of evidencing all insurance that Grantee is required to maintain.pursuant to this Agreement,together with an endorsement that names Grantor as an additional insured under the liability policies that Grantee is required to maintain pursuant to this Agreement, must be provided to the Grantor 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 materially changed without thirty (30)days prior written notice to Grantor. .,, 9 Site Narnber. AlOP742A Tower Lease—version 6.30.06 Site Name: Edea Prairie Sr..Center EXHIBIT"G" MEMORANDUM OF AGREEMENT THIS MEMORANDUM evidences that a License 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 , ("Grantee"),whose address is set forth below,the terms and conditions of which are incorporated herein by reference. Such License Agreement provides,in part,that Grantor, for valuable consideration,will Lease to Grantee 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 the ,2006,which term is subject to three(3)additional five(5)year option terms. IN WITNESS WHEREFOR,the parties have executed this Memorandum of Agreement this_day of .2006. GRANTOR: GRANTEE: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 By By Its Mayor Its And Its City Manager 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 CountyM--` w _Notary Public of My Commission expires My Commission expires CADocuments and SettingsJsteckIcr\Locar Settings\Temporary Internet Files\OLKI=City's third modification ofAgr=nent 7- 21 7.06.doc CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VII.E. Community Development Janet Jeremiah 2006 CDBG Subrecipient Agreements Housing&Human Services Molly Koivumaki Requested Council Action: Move to: Adopt resolution authorizing execution of the 2006 CDBG Subrecipient Agreements between the City of Eden Prairie and the activities to be undertaken with program funds. Synopsis The City is required to execute subrecipient for each CDBG activity approved for funding. These agreements specify the requirements for implementing each activity. Activities approved by the City Council for 2006 include: # Human Services Activity Funding Level 1 PROP (People Reaching Out to Other People) $13,000 2 GMDCA Child Care Subsidy) $13,000 3 HOME (Household& Outside Maintenance for $6,000 the Elderly) 4 HomeLine Tenant's Advocacy Service $5,000 5 Emergency Vehicle Repair $3,165 Sub Total $40,165 Housing Activities Funding Level 6 Housing Rehabilitation Deferred Loan Program $45,469 7 Affordable Housing/Land Trust $150,000 8 Fair Housing Initiative $2,678 9 Program Administration $29,454 Grand Total $267,766 Background Eden Prairie is the recipient of an annual grant from the U. S. Department of Housing and Urban Development. Program regulations require that a Subrecipient Agreement be executed by the City and subrecipients which set forth the specific implementation processes for activities to be undertaken with program funds. Attachments Resolution Agreements CITY OF EDEN PRAIRIE, HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2006- RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECII'IENT AGREEMENTS FOR THE 2006 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM(CDBG) WHEREAS Eden Prairie is the recipient of an annual grant from the U. S.Department of Housing and Urban Development, and PROP, HOME Line, Senior Community Services, West Hennepin Affordable Housing Land Trust and the Greater Minneapolis Daycare Association, are subrecipients that receive a share of the grant; and WHEREAS,program regulations require that a Subrecipient Agreement be executed by the City and subrecipients which set forth the specific implementation processes for activities to be undertaken with program funds. BE IT RESOLVED that the City Council of the City of Eden Prairie hereby authorizes and directs the Mayor and the City Manager to execute the Subrecipient Agreements between the City and the subrecipients on behalf of the City. ADOPTED by the Eden Prairie City Council on this 3rd day of October 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk SUBRECIPIENT AGREEMENT CITY OF EDEN PRAIRIE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the CITY OF EDEN PRAIRIE, hereinafter referred to as "Recipient," 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, and [NAME], hereinafter referred to as "Subrecipient," [ADDRESS]. WITNESSETH WHEREAS, Recipient has received a $ Federal Department of Housing and Urban Development Fiscal Year 2001 Community Development Block Grant (CDBG) Program (Catalog of Federal Domestic Assistance (CFDA) number 14-218) entitlement allocation under Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community development activities in cooperation with Subrecipient, according to the implementing regulations at 24 CFR Part 570; and WHEREAS, Federal Fiscal Year 200_ CDBG funds and any resulting program income have been approved by Recipient for use by Subrecipient for the implementation of eligible and fundable community development activity/ies as included in and a part of the 2005 Consolidated Plan, Urban Hennepin County Community Development Block Grant(CDBG) and as set forth in Exhibit 1 to this Agreement; and WHEREAS, the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit I and in the 2005 Consolidated Plan, Urban Hennepin County CDBG and the Certifications contained therein. NOW,THEREFORE,the parties hereunto do hereby agree as follows: 1. SCOPE OF SERVICES 1.1. The Subrecipient shall expend all or any part of its CDBG allocation only on those activities identified in Exhibit 1, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. 1.2. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1, but to comply with any requests by the Recipient in that connection; it being understood that the Recipient is responsible to the Department of Housing and Urban Development (HUD) for ensuring compliance with such requirements. The Subrecipient also will promptly notify the Recipient of any changes in the scope or character of the activity/ies which it is implementing. 1 1.3. At the request of the Recipient, on a form to be provided, the Subrecipient shall submit a schedule, corresponding to the term of this Agreement, showing milestones for activity implementation and timely expenditure of funds and will provide other information as requested to assure compliance with HUD timeliness requirements. 2. TERM OF AGREEMENT The effective date of this Agreement is July 1, 200_. The termination date of this Agreement is , or at such time as the activity/ies constituting part of this Agreement are satisfactorily completed prior thereto. Upon expiration, the Subrecipient shall relinquish to the Recipient all program funds unexpended and uncommitted, and all accounts receivable attributable to the use of CDBG funds for the activities described in Exhibit 1, as may be amended. 3. THIRD PARTY AGREEMENTS The Subrecipient may subcontract this Agreement and/or the services to be performed hereunder, whether in whole or in part, only with the prior consent of the Recipient and only through a written Third Party agreement acceptable to the Recipient. The Subrecipient shall not otherwise assign, transfer, or pledge this Agreement and/or the services to be performed hereunder,whether in whole or in part, without the prior consent of the Recipient. 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. An exception to this process will be in amending Exhibit 1 to this Agreement. Exhibit 1, shall be deemed amended to conform to any amendments to the Consolidated Plan, as such amendments occur. Any amendments to the Consolidated Plan, which constitute substantial changes, must be accompanied by documentation that a local public hearing was conducted and by an authorizing resolution. Amendments that do not constitute substantial changes may be handled administratively. The Eden Prairie Community Development Director may approve administrative amendments provided they are eligible, fundable and satisfy the objectives of the Consolidated Plan and the CDBG Program. Substantial change is defined as a change in (1) beneficiary; (2) project location; (3) purpose; or (4) scope, (more than a 50 percent increase or decrease in the original budget or$100,000,whichever is greater), in any authorized activity. 2 5. PAYMENT OF CDBG FUNDS The Recipient agrees to provide the Subrecipient with CDBG funds not to exceed to enable the Subrecipient to carry out its CDBG-eligible activity/ies as described in Exhibit 1. It is understood that the Recipient shall be held accountable to HUD for the lawful expenditure of CDBG funds under this Agreement. The Recipient shall therefore make no payment of CDBG funds to the Subrecipient and draw no funds from HUD/U.S. Treasury on behalf of a Subrecipient activity/ies, prior to having received a proper documentation from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to ensure that the Subrecipient has complied with the appropriate regulations and requirements. 6. INDEMNITY AND INSURANCE 6.1. The Subrecipient does hereby agree to defend, indemnify, and hold harmless the Recipient, its elected officials, officers, agents, volunteers and employees from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. 6.2. In order to protect Subrecipient and Recipient from liability and to effectuate the indemnification provisions hereinabove, each Subrecipient will carry a single limit or combined limit or excess umbrella commercial general liability policy in an amount equal to,but shall not be required to carry coverage in excess of, claim limits specified in Minnesota Statutes Section 466.04, as amended. 6.3. This section shall in no way be intended by the parties hereto as a waiver of the liability limits specified in Minnesota Statutes Section 466.04, as amended. 7. CONFLICT OF INTEREST 7.1. In the procurement of supplies, equipment, construction, and services by the Subrecipient, the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A-110 shall apply. 7.2. In all other cases,the provisions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY The Subrecipient agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The Subrecipient agrees to defend, indemnify and hold the Recipient, its elected officials, 3 officers, agents, volunteers and employees harmless from any claims resulting from the Subrecipient's unlawful disclosure and/or use of such protected data. 9. SUSPENSION OR TERMINATION 9.1. If the Subrecipient materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and default. Unless the Subrecipient's default is excused by the Recipient, the Recipient may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately canceling this Agreement in its entirety. 9.2. The Recipient's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 9.3. This Agreement may be cancelled with or without cause by either party upon thirty(30) days written notice according to the provisions in 24 CFR 85.44. 9.4. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the Recipient. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds, including CDBG funds provided to the Subrecipient in the form of a loan. Any real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds in excess of$25,000 shall either be: 10.1. Used to meet one of the national objectives in 24 CFR 570.208 and not used for the general conduct of government until five years after expiration of this Agreement;or 10.2. Not used in accordance with A. above, in which event the Subrecipient shall pay to the Recipient an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. The payment is program income to the Recipient. No payment is required after the period of time specified in A. above. 4 11. PROCUREMENT The Subrecipient shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its activity/ies. Procurement shall be carried out in accordance with the"Common Rule"Administrative Requirements in 24 CFR 85 and all provisions of the CDBG Regulations in 24 CFR 570 (the most restrictive of which will take precedence). The Subrecipient shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents, enter into all contracts, and conduct all meetings, conferences, and interviews as necessary to ensure compliance with the above described procurement requirements. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activity/ies. 12. ACQUISITION,RELOCATION,AND DISPLACEMENT 12.1. The Subrecipient shall be responsible for carrying out all acquisitions of real property necessary for implementation of the activity/ies. The Subrecipient shall conduct all such acquisitions in its name, or in the name of any of its public, governmental, nonprofit agencies as authorized by its governing body, which shall hold title to all real property purchased. The Subrecipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Subrecipient shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activity/ies. 12.2. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606 (a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606 (b) governing the residential antidisplacement and relocation assistance plan under section 104 (d) of the Housing and Community Development Act of 1974 (the Act); the relocation requirements of 24 CFR 570.606 (c) governing displacement subject to section 104 (k) of the Act; and the requirements of 24 CFR 570.606 (d) governing optional relocation assistance under section 105 (a) (11) of the Act. 13. ENVIRONMENTAL REVIEW The Recipient shall determine the level of environmental review required under 24 CFR Part 58 and maintain the environmental review record on all activities. The Subrecipient shall be responsible for providing necessary information, relevant documents, and public notices to the Recipient to accomplish this task. 5 14. LABOR STANDARDS,EMPLOYMENT,AND CONTRACTING The Recipient shall be responsible for the preparation of all requests for HUD for wage rate determinations on CDBG activities undertaken by the Subrecipient. The Subrecipient shall notify the. Recipient prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The Recipient will provide technical assistance to the Subrecipient to ensure compliance with these requirements. 15. PROGRAM INCOME If the subrecipient generated any program income as a result of the expenditure of CDBG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: 15.1. The Subrecipient will notify the Recipient of any program income within ten (10) days of the date such program income is generated. When program income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 15.2. Any such program income must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is generated unless the Subrecipient is permitted to retain program income. 15.3. Program income returned to the Recipient shall be credited to the grant authority of Subrecipient, whose project generated the program income, and shall be used for fundable and eligible CDBG activities consistent with this Agreement. 15.4. The Subrecipient further recognizes that the Recipient has the responsibility for monitoring and reporting to HUD on the use of any such program income. The responsibility for appropriate record keeping by the Subrecipient and reporting to the Recipient by the Subrecipient on the use of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical assistance to the Subrecipient in establishing an appropriate and proper record- keeping and reporting system, as required by HUD. 15.5. In the event of close-out or change in status of the Subrecipient, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to the Recipient as soon as practicable after the income is received. The Recipient agrees to notify the Subrecipient, should closeout or change in status of the Subrecipient occur. 6 16. USE OF REAL PROPERTY The following standards shall apply to real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds: 16.1. The Subrecipient shall inform the Recipient least thirty Y (30) days prior r to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. The Subrecipient will comply with the requirements of 24 CFR 570.505 to provide the affected citizens the opportunity to comment on any proposed change and to consult with affected citizens. 16.2. The Subrecipient shall reimburse the Recipient in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non- CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the Recipient at the time of sale or transfer of the property referenced herein. Such reimbursement shall not be required if the conditions of 24 CFR 570.503 (b)(7)(i) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The Recipient will have the option of requiring a second appraisal after review of the initial appraisal. 16.3. Any program income generated from the disposition or transfer of real property prior to or subsequent to the close-out or change of status between the Recipient and the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of the property. 17. ADMINISTRATIVE REOUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the Recipient shall apply to all activities undertaken by the Subrecipient provided for in this Agreement and to any program income generated therefrom. 18. AFFII2MATIVE ACTION AND EQUAL OPPORTUNITY 18.1. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Minnesota Human Rights Act, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed,religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. 7 18.2. The Subrecipient will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 19. NON-DISCRIMINATION BASED ON DISABILITY 19.1. The Subrecipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Subrecipient receiving assistance from the Recipient under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. 19.2. When and where applicable, the Subrecipient shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" — Subtitle A, and Title III "Public Accommodations and services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 20. LEAD-BASED PAINT The Subrecipient shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 21. FAIR HOUSING Should HUD make a determination that the Subrecipient has not affirmatively furthered fair housing or has impeded action by the County to comply with its fair housing certification, the Recipient shall exercise its authority to prohibit the Subrecipient from receiving CDBG funding for any activities until the violation has been remedied. 22. LOBBYING 22.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal Grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 22.2. If any funds other than Federal appropriated fund have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of 8 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement Subrecipient will complete and submit Standard Form-LLC, "Disclosure Form to Report Lobbying," in accordance with its instructions. 23. USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES Subrecipient has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 24. OTHER CDBG POLICIES The Subrecipient shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying Out Eligible Activities); and 0) (Constitutional prohibitions Concerning Church/State Activities). 25. TECHNICAL ASSISTANCE The Recipient agrees to provide technical assistance to the Subrecipient in the form of oral and/or written guidance and on-site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by the Subrecipient and at other times at the initiative of the Recipient when new or updated information concerning the CDBG Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. 26. RECORD-KEEPING The Subrecipient shall maintain records of the receipt and expenditure of all CDBG funds, such records to be maintained in accordance with OMB Circulars A-87 and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance with OMB Circular A-110 and A-122, as applicable. All records shall be made available upon request of the Recipient for inspection/s and audit/s by the Recipient or its representatives. If a financial audit/s determines that the Subrecipient has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the Recipient reserves the right to recover from the Subrecipient such disallowed expenditures from non-CDBG sources. Audit procedures are specified below in Section 28 of this Agreement. 9 27. ACCESS TO RECORDS The Recipient shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecipient agrees to provide all information required by any person authorized by the Recipient to request such information from the Subrecipient for the purpose of reviewing the same. 28. AUDIT The Subrecipient agrees to provide Recipient with an annual audit consistent with the Single Audit Act of 1996, and the implementing requirements of OMB Circular A-133 "Audits of States, Local Governments and Non-Profit Institutions," and, as applicable, OMB Circular A-110 "Uniform Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Non-Profit Organizations" and to certify and assure compliance with the financial standards as set forth in Exhibit 2 to this agreement. 28.1. The audit is to be provided to Recipient on July 1 of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG funds shall be satisfied by Subrecipient within six(6)months of the provision date. 28.2. The audit is not required, however, in those instances where less than $500,000 in assistance is received from all Federal sources in any one fiscal year. 28.3. The cost of the audit is not reimbursable from CDBG funds. 28.4. The Recipient reserves the right to recover from the Subrecipient's non-CDBG funds any CDBG expenses which are disallowed by an audit. 28.5. The Chief Financial Officer of the Subrecipient signs Exhibit 2. 10 RECIPIENT EXECUTION The Eden Prairie City Council having duly approved this Agreement on pursuant to Resolution and the proper city officials having signed this Agreement, the Recipient Agrees to be bound by the provisions herein set forth. Date: CITY OF EDEN PRAIRIE By: By: Its: Its: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this day of , 2006, by , the of the City of Eden Prairie and by , the of the City of Eden Prairie. Notary Public 11 SUBRECIl'IENT EXECUTION Subrecipient, having signed this Agreement, and pursuant to such approval and the proper officials having signed this Agreement, Subrecipient agrees to be bound by the provisions of this Agreement. Date: SUBRECIPIENT: By: By: Its: Its: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 200_, by and , the and the of a Minnesota on behalf of said Notary Public My Commission Expires 12 EXHIBIT 1 13 SUBRECIPIENT AGREEMENT CITY OF EDEN PRIAiRF. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 2 ASSURANCE AND CERTIFICATION In connection with our responsibilities to manage the Fiscal Year 200_Community Development Block Grant (CDBG) program funds that have been provided to our organization, we certify and assure that we are in compliance with the financial standards set forth in Federal Office of Management and Budget(OMB) Circular A-110. Specifically, our organization's financial management system provides for the following: 1. Accurate, current, and complete disclosure of the financial results of each federally sponsored project or program in accordance with the reporting requirements set forth in OMB Circular A-110. 2. Records that identify adequately the source and application of funds for federally sponsored activities. These records contain information pertaining to federal awards, authorizations, obligations, unobligated balances, assets, outlays, and income. 3. Effective control over and accountability for all funds, property, and other assets. These assets are adequately safeguarded and are used solely for authorized purposes. 4. Comparison of actual outlays with budget amounts for each grant or other agreement and, whenever appropriate or required, comparisons of financial information with performance and unit cost data. 5. Procedures to minimize the elapsed time between the transfer of funds from the city to our organization and the disbursement of funds by our organization. 6. Procedures for determining the reasonableness, allowability, and allocability of costs in accordance with the provisions of the applicable federal cost principles and the terms of the grant or other agreement. 7. Accounting records that are supported by source documentation. 8. Annual audits by a firm of independent certified public accountants to ascertain the effectiveness of the financial management systems and internal procedures that we have established to meet the terms and conditions of the federal grants and other agreements. The audits are conducted on an organization wide-basis and include an appropriate sampling of federal agreements. 14 9. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. 10. Organizations (subrecipients) that receive CDBG funds from us are required to comply with the financial management standards set forth in this certification. This assurance and certification is given in connection with any and all CDBG funds received after the date this form is signed. This includes payments after such date for financial assistance approved before such date. The undersigned recognizes and aggress that any such assistance will be extended in reliance on the representations and agreements made in this assurance. This assurance and certification is binding on this organization, its subrecipients, and on the authorized official whose signature appears below. Date Organization Name By: Chief Financial Officer P:\Home\EP\Community Dev\Subrecipient Agreement\Subrecipient Agreement Template-052606.DOC 15 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5675 ITEM NO.: VII.F. Randy Newton Approve Resolution Awarding Contract Public Works/Engineering for Lone Oak Center Traffic Signal. Requested Action Move to: Adopt resolution awarding contract for Lone Oak Center Traffic Signal to BEC, Inc. (I.C. 06-5675) Synopsis Sealed bids were received on Thursday September 28, 2006 for this project. Six(6)bids were received and are summarized in the attached Consultant Recommendation Letter. The low bid in the amount of$107,641.00 was submitted by BEC, Inc. and is seven(7)percent below the Engineer's Estimate. Staff has reviewed the bids and recommends awarding the contact to BEC, Inc. Background Information The Lone Oak Center Developer's Agreement requires the installation of the Mitchell Road/ Lone Oak Road traffic signal concurrent with the development of the property. The Developer requested, and the City Council approved,that this obligation be converted to a Special Assessment Agreement against the property with the City implementing the project. The project should begin in early October and the traffic signal is anticipated to be ready for turn-on in early December. The actual turn-on will be determined by staff and will be coordinated with the occupancy of the Lone Oak Center development. The traffic signal improvements will also include implementing a coordinated traffic signal timing plan for Mitchell Road. The plan will be implemented concurrent with the traffic signal turn-on. Financial Implications The Lone Oak Center Developer(Lone Oak Center,LLC) is responsible, on an assessment basis, for all costs associated with the project. Attachments • Resolution • Consultant's Recommendation Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.06- RESOLUTION ACCEPTING BID LONE OAK CENTER TRAFFIC SIGNAL I.C.06-5675 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C.06-5675: Lone Oak Center Traffic Signal bids were received, opened and tabulated according to law. Those bids received are shown on the attached Consultant Recommendation Letter;and WHEREAS,the City Engineer recommends award of Contract to BEC,Inc. as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with BEC, Inc. in the name of the City of Eden Prairie, in the amount of $107,641.00, in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on October 3,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk RECONSULTING GROUP , INC . Transportation•Civil*Structural*EnvironmenW.Planning•Traffic•Landscape Architecture•barking*Right of Way SRF No. 0065737 September 28,2006 Mr.Randy Newton,P.E.,P.T.O.E. Traffic Engineer CITY OF EDEN PRAIRIE City Center, 8080 Mitchell Road Eden Prairie,MN 55344-2230 Dear Mr.Newton: SUBJECT: CITY PROJECT No.06-5675 MITCHELL ROAD AT LONE OAK ROAD TRAFFIC SIGNAL PROJECT Sealed bids were received for the above referenced project on Thursday, September 28, 2006 at the Atrium I conference room in the City of Eden Prairie, City Center. A total of six (6) bids were received. All bids have been reviewed and checked and are tabulated below: Contractor Total Bid Egan Companies $ 109,690.00 Electrical Installation and Maintenance Company $ 121,525.00 Granite Ledge Electrical Contractors,Inc. $ 113,500.00 Killmer Electric Company,Inc. $ 125,026.00 Ridgedale Electric,Inc. $ 114,760.00 BEC,Inc. $ 107,641.00 Engineers Estimate $ 116,000.00 A complete bid tabulation is enclosed with this letter. The low bid received from BEC, Inc. is approximately seven percent below the Engineers Estimate. Although we have not worked with BEC, Inc. in the past, we have verified that BEC, Inc. has completed a MnDOT traffic signal project in an acceptable manner and is on MnDOT's list of approved electrical contractors. Therefore, we recommend award to BEC, Inc. in the amount of$ 107,641.00. Please contact us if you have any questions. Sincerely, SRF CONSULTING GROUP,INC. Leif A. Garnass,E.I.T. Engineer Enclosure One Carlson Parkway North,Suite 150,Minneapolis,MN 55447-4443 Telephone(763)475-0010•Fax(763)475-2429•httn://www.srfconsulting.com An Equal Opportunity Employer 9 CONSULTING GROUP,INC. BID OPENING CITY OF EDEN PRAIRIE LONE OAK CENTER TRAFFIC SIGNAL CITY PROJECT NO.06-5675 SEPTEMBER 28,2006 AT 10:00 A.M. Bid Contractor Bond Amount EGAN COMPANIES 55% $109,690 ELECTRICAL INSTALLATION& MAINTENANCE COMPANY 5% $121,525 GRANITE LEDGE ELECTRICAL CONT. 5% $113,500 KILLMER ELECTRIC COMPANY, INC. 5% $125,026 RIDGEDALE ELECTRIC, INC. 5% $114,760 BEC INC. $5,382.05 $107,641 ' Cashier's Check ENGINEER'S ESTIMATE $116,000 SRF.Vol3"rojects157370ocOidOpening092806.doc CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC#02-5585 ITEM NO.:VII.G. Leslie Stovring Approve proposal to complete Phase II Public Works/Environmental of the Nondegradation Analysis Requested Action Move to: Approve the proposal to complete Phase II of the Nondegradation Analysis by Wenck&Associates in the amount of$35,318. Synopsis The City of Eden Prairie submitted an application for coverage under the Phase II National Pollutant Discharge Elimination System (NPDES) Permit to the Minnesota Pollution Control Agency (MPCA) on May 30, 2006. One requirement of the new permit was preparation of a Nondegradation Report by September 1, 2007. The proposal is for completion of Phase II of this permit requirement. Following is a summary of the three phases. Phase I Collection and analysis of the data needed for preparation of a Loading Assessment Phase II Assessment and modeling of the pollutant loadings into our lakes, creeks, wetlands and ponds due to increased urbanization since 1988 and during future development. This would include phosphorus, total suspended solids (sediment) and stormwater flow volume(for example evaluation of creek bank erosion). Phase III If significant pollutant loading is identified in Phase II, a Nondegradation Report will be prepared that includes practices to reduce or mitigate pollutant loading to our waterways. This could include construction of new stormwater ponds or rainwater gardens, creek bank stabilization, or increased street sweeping in key watersheds. Proposals for Phase III will be submitted when the results of Phase II are complete. The costs will be paid out of the Stormwater Utility Fee. Background Information Phase I of the Nondegradation Assessment was completed in September 2006. Impervious surface coverage was found to have increased from 3,586 acres in 1990 to 4,930 acres in 2000 according to review of LANDSAT satellite imagery. The estimated impervious surface coverage for 2020 is 5,260 acres. Wenck also reviewed the available Use Attainability Analysis(UAAs)to determine areas which will require modeling coverage or field review during Phase II as well as current water quality treatment practices in effect under current City and Watershed District rules and requirements in order to assess the changes in pollutant loading between 1988 and the present. Phase II will build on the information collected. The proposal for Phase II includes the following actions. • Build a P8 Model for areas of the City not previously modeled by the Watershed Districts. Not all Use Attainability Analyses (UAA's) are complete at this time and these areas will need to modeled. • Develop loading conditions for the past (1988), current and future (2020) conditions. The assessment will include consideration of all current BMPs utilized within the watershed during these time frames. • Quantify load reductions from projects proposed for the UAAs and future City of Eden Prairie projects. • Conduct a physical review of stream conditions for areas not covered by the UAAs or completed in accordance with our nondegradation requirements. This would include physical inventories and mapping of outfalls, structures, obstacles, and other features as well as sections of the creek that would require mitigation under the nondegradation requirements will be noted, measured and mapped as needed. • Identify areas where current or proposed treatment may be insufficient to meet the nondegradation requirements. • Identify potential mitigation project locations and types. • Prepare a Loading Assessment Report to summarize the results of the modeling methodology and results. The proposal includes a series of four (4) meetings with Staff, the watershed district and the Conservation Commission as needed to discuss and present the results prior to completion of the starting Phase III, which includes the final report. The MPCA will be included in each step to help ensure approval of the process and results. Wenck estimates that all work for Phase II will be completed by October 27, except for evaluation of creek sections that would need to be accessed during ice-on conditions. Attachments • Proposal t 1 Wenck Associates,Inc. Weknck P Pioneer Creek Center � P.O..O.Box 249 Maple Plain,MN 55359-0249 (763)479-4200 Fax(763)479-4242 E-mail:wenckmp@wenck.com September 26, 2006 Leslie Stovring-Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Phase II Nondegradation Proposal Dear Ms. Stovring: Wenck Associates, Inc. is very pleased to submit this proposal to develop a loading assessment for the City of Eden Prairie to comply with the NPDES Phase II Nondegradation Requirements. Following is a list of tasks we developed to address Phase II of the nondegradation assessment and plan required under the new NPDES Phase II permit for the selected MS4s. These tasks will be completed on a cost basis for a not to exceed amount of$35,318. Objective The objective of Phase 2 is to conduct the modeling and complete the Loading Assessment for the City of Eden Prairie incorporating the results from the Phase I assessment. The goal of phase 2 is to develop an understanding of where loading is exceeding the nondegradation standard and to evaluate the necessary steps for compliance. One important aspect of Phase II is to identify where BMPs already proposed by the Watershed Districts will meet the City's nondegradation requirements. The outcome of Phase 2 is an understanding of where actions are necessary to address the loading changes and identify potential BMPs and costs to address these loads. Phased Approach Wenck Associates, Inc.proposes completing the nondegradation assessment using a phased approach as outlined in the City of Eden Prairie's request for proposals. Phase 1 included developing the land use conditions in the three assessment time periods (1988,present, and 2020), data collection and analysis in preparation for developing the loading assessment, and development of a detailed approach for completing the loading assessment based on the data collected and models reviewed. Phase 2 includes the development of the loading assessment for the City of Eden Prairie and includes the bulk of the computer modeling. The nondegradation assessment approach will be developed at the completion of Phase for review by the MPCA, Watershed Districts and all-other stakeholders identified by the City of Eden Prairie. T:\0094\Eden Prairie Nondegradation Proposa Phase Ilc.doc Ms. Leslie Stovring City of Eden Prairie September 26,2006 Page 2 Phase 2 includes the completion of the Loading Assessment for the City of Eden Prairie. The preliminary scope of work for Phase 2 includes the following tasks: 1. Modeling to address changes in loading for annual average volume,total suspended solids, and total phosphorus for the required time periods (1988 to present and present to 2020). Available models will be updated to include any areas not currently completed by the Watershed Districts. 2. Bank stability and flow analysis for areas in Eden Prairie not completed by the Watershed Districts. 3. Presentation of the results of the Loading Assessment to staff and the Conservation Commission (2 meetings assumed). 4. Preparation of a draft and final Loading Assessment Report. Phase 3 of the assessment will include the development of the nondegradation plan based on the results of the Loading Assessment. The Scope of Work for Phase 3 will be developed with the City of Eden Prairie upon completion of Phase II of the nondegradation assessment. SCOPE OF SERVICES: PHASE 2 DEVELOPMENT OF THE LAODING ASSESSMENT TASK 1. DEVELOP LOADS FROM P8 MODEL Task Ia. Build P8 model for City areas not already modeled by the Watershed Districts Not the entire City is currently covered by the UAA models developed by the Watershed Districts. Consequently, for this task, Wenck will construct P8 models for those areas outside of the UAA areas. The models will be constructed using input values similar to the other models. However, all ponds and treatment devices will not be incorporated into the P8 model. The water quality treatment provided by these devices will be assessed externally of the model. Additionally,the current UAA models do not address past and future conditions. Wenck will build the models with land use information developed in Phase 1,to run past and future scenarios. Task Ib.Develop loadings for 1988, current and future conditions rA0094\eden prairie nondegradation proposa phase iic.doc-maw Ms.Leslie Stovring City of Eden Prairie September 26,.2006 Page 3 Once the models have been constructed and validated, Wenck will develop the loading conditions for past(1988), current, and future conditions. The loading assessment will include all of the current BMPs in the watershed in the given time frame. Not all of the water quality treatment devices are included in the models. Those devices not built into the model will be assessed externally of the model. Task 1c. Quantify load reductions from proposed UAA and City of Eden Prairie projects and management actions including associated costs. Once the loading assessments have been developed including the current treatment capacity in the City, Wenck will evaluate the load reductions from currently proposed projects in the City or Watershed CIP. The purpose of this task is to evaluate proposed projects impact on the nondegradation requirements. Task Id Identify areas where current or proposed treatment is insufficient to meet nondegradation requirements including potential mitigation projects. The final step in the loading assessment is to identify those areas of the City where current or already proposed BMPs do not meet the nondegradation requirements. Additionally,those areas that may be susceptible to degradation under proposed future development will be identified. Potential BMPs and Capital Improvements will be identified in conjunction with City staff. TASK 2. DEVELOP LOADING ASSESSMENT REPORT Task 2 includes the development of the nondegradation report including all of the findings from Phase 1 and 2, as well as the results of the loading assessment. The report will clearly identify all of the methodologies included in the process as well the results of the assessment. TASK 3. MEETINGS Wenck will attend up to three meetings including one to present the results to City Staff and one to present the results to the City Conservation Commission. k\0094\eden prairie nondegradation propose phase iic.doc-maw Ms. Leslie Stovring City of Eden Prairie September 26, 2006 Page 4 TASK 4. BANK STABILITY AND OUTFALL ASSESSMENT To determine the current condition of the streams,we propose to walk most of the length of Riley and Purgatory Creeks to conduct a physical review of stream condition and inventory outfalls and structures. Prior to completing field work,we will coordinate with the City and the watersheds to identify and coordinate data to be collected as part of the assessment. Except where impassable through wetland, each stream will be walked and streambank stability evaluated. Areas of erosion or unstable banks will be noted and GPSed. Outfalls, structures, obstacles, and other features will be noted and GPSed. Outfalls will be measured and typed. On completion of field work,we will create shapefiles of the location data, and will summarize the SVAP and RBP data in tabular form. SCHEDULE Wenck understands that the City of Eden Prairie is fifth on the list of 30 Cities required to develop Nondegradation Plans, and needs to complete the nondegradation assessment and plan by September lst, 2007. Consequently, Wenck will complete tasks 1 through 3 of Phase 2 in 8 weeks with a target completion date of November 6th, 2006. However, some of the stream locations may be better accessed under frozen conditions. Consequently task 4 may be completed over the winter with a final completion date no later than January 31 st, 2007. COST ESTIMATE Task Hours Cost 1 a 36 $3,524 1 b 38 $3,750 1 c 24 $2,440 ld 16 $1,604 2 28 $2,892 3 24 $2,508 4 200 $18,000 SUBTOTAL $34,718 EXPENSES $600 TOTAL $35,318 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. T.\0094\eden prairie nondegradation proposa phase iic.doc-maw Ms.Leslie Stovring City of Eden Prairie September 26, 2006 Page 5 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 t\0094\eden prairie nondegradation proposa phase iic.doc-maw AGREEMENT THIS AGREEMENT is made and executed the 26th day of September, 2006, by and between the City of Eden Prairie,hereinafter referred to as the "Owner", and Wenck Associates, Inc.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 September 26, 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 $35,318.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 3. Payment: Payments to the Consultant by the Owner shall be made as provided in the Proposal. 4. Contract Documents: The Contract consist of this Agreement, the Proposal dated September 26, 2006, and the City of Eden Prairie General Conditions Consultant Agreement (General Conditions). The Proposal, the Request for Proposals and the General Conditions are hereby incorporated with this Agreement and is as much a part of this Agreement as if fully set forth herein. This Agreement, the Proposal, the Request for Proposals and the General Conditions are the Contract. In the event of any conflict between the documents comprising Contract Documents this Agreement, the General Conditions, the Request for Proposals and the Proposal shall govern in that order. 5. 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. 6. 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." 7. Data Practices Act: The 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 the Contractor. 8. 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 Owner and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 9. Income Tax Withholding: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the Owner that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. 10. 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. § 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 P g compensation insurance coverage provided to the Owner prior to execution of this agreement is current and in force and effect. 11. Discrimination: In performance of this contract, the 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. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor 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. 12. Contractor's Prompt Payment of Subcontractors: The Contractor shall pay to any subcontractor within ten (10) days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent(1 %%)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 Contractor shall pay the actual amount due to the subcontractor. 13. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 14. 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 Contractor. An subsequent modification must be in �' Y suse q writing signed by both parties. 15. 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 CONSULTANT y Ed Matthiesen Its Principal CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 3, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve ITEM NO.: VII.H. Leslie Stovring Proposal for Preparation of a Public Works/Environmental Discretionary Environmental Assessment Worksheet for Hennepin Village Roadway Alternative Analysis Requested Action Move to: Approve proposal for Wenck Associates to prepare a discretionary Environmental Assessment Worksheet for Oak Creek at Hennepin Village roadway alternative analysis for $16,750. Synopsis Wenck Associates, Inc. was selected to complete a discretionary Environmental Assessment Worksheet (EAW) for the Hennepin Village roadway alternative analysis. The EAW will be prepared based on publicly available information and review of comments received from the public regarding this project. The EAW costs will be paid by the developer, Pemtom Development. Background Information The purpose of the discretionary EAW is to evaluate the impacts associated with six (6) alternatives developed for the proposed Prospect Road creek crossing. One of these alternatives is a bridge crossing in lieu of the culvert currently proposed. Standard Minnesota EAW processes and templates will be used for development of the final document. The EAW will evaluate the following areas for potential impacts. The result will be selection of an alternative that would best serve this area after the impacts are evaluated and reviewed in balance of each other. • Air emissions • Consistency with plans and land use regulations • Cumulative impacts • Geologic hazards and soil conditions • Erosion and sedimentation • Fish, wildlife and ecologically sensitive resources • Impacts on infrastructure and public service • Land cover • Odor, noise and dust • Physical impacts to water resources • Traffic • Visual impacts • Water quality • Water use The analysis will include evaluation of the hydraulic impacts of various bridge designs for the proposed Riley Creek crossing and a summary of the expected impacts of each road crossing alternative to Riley Creek and Miller Spring. Attachments • Proposal dated September 26, 2006 • Agreement Wenck Associates,Inc. 1800 Pioneer Creek Ctr. P.O.Box 249 Maple Plain,MN 55359-0249 Fax F ( 200 rii;.. ........ Wenck 479-4ax 763)479- 9-4242 E-mail:wenckmp@wenck.com September 26, 2006 Mr. Gene Dietz Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: ENVIRONMENTAL ASSESSMENT WORKSHEET PROPOSAL HENNEPIN VILLAGE ROADWAY ALTERNATIVES Dear Mr. Dietz: Wenck Associates, Inc. is pleased to submit this proposal to prepare a discretionary Environmental Assessment Worksheet(EAW)for the Hennepin Village development area. Following is a list of tasks developed based on our discussions with you and your staff. This scope assumes the EAW is limited to evaluation of the roadway alternatives only. We would be happy to work with you and your staff to refine this scope if necessary. The purpose of this discretionary EAW is to evaluate the environmental impacts of six (6)road alternatives identified to create alternative accesses for the neighborhoods adjacent to Eden Prairie Road, including Hennepin Village. One of the six alternatives is construction of a bridge over Riley Creek at Prospect Road rather than the culvert currently proposed. The public has expressed concern about the potential impacts of Prospect Road to Riley Creek that might result from construction of that roadway alternative. Of specific concern are the impacts to the fishery, change in character to the creek valley, tree loss and potential changes to the springshed for Miller Spring. This scope of work is based on the preparation of a discretionary EAW based on available information, field review of traffic and general environmental conditions, and public input received to date. It assumes attendance at one Conservation Commission meeting, a City Council meeting, and a joint Planning Commission/general public meeting. This timeline includes a proposal to complete a review draft by December 8, 2006 for City Council consideration on December 19, 2006. Following approval of the draft EAW, the EAW would be sent out by the City for review and comment, and notice of its availability would be published in the state's Environmental Quality Board(EQB)Monitor. Following the required 30-day comment period(30 days from the date of publication in the Monitor),Wenck will assist city staff in responding to comments and incorporate comments into the final EAW as necessary, and assist staff in the preparation of a Record of Decision for Council consideration. Mr. Gene Dietz City of Eden Prairie September 26, 2006 Page 2 Using the Minnesota standard EAW process and templates, this EAW will evaluate the impacts of each of the six alternatives to: • Land cover • Fish, wildlife, and ecologically sensitive resources • Physical impacts to water resources • Water use • Erosion and sedimentation • Water quality • Geologic hazards and soil conditions • Traffic • Air emissions • Odors,noise, and dust • Visual impacts • Consistency with plans and land use regulation • Impact on infrastructure and public service • Cumulative impacts TASK 1. COMPILATION OF EXISTING DATA Work with the City of Eden Prairie, the Riley-Purgatory-Bluff Creek Watershed District (Watershed District),the Minnesota Department of Natural Resources (DNR),the Minnesota Pollution Control Agency (MPCA),the University of Minnesota and other appropriate agencies or groups to assemble and review existing data and previous work regarding the alternative roadway sites and area resources. TASK 2. HYDROLOGIC AND HYDRAULIC ANALYSIS This task includes the following subtasks: 1. Review existing hydrologic and hydraulic models and data for the subwatershed. Obtain background information needed to complete our analyses. We currently have data from the Watershed District on area hydrology based on work previously completed for the City. We will work with the City and Watershed District to obtain any additional existing data. We will assemble and review existing groundwater data for the area,including data on the groundwatershed and inventories of groundwater resources such as seeps and springs. 2. Prepare hydrologic analysis. Prepare a simple model of the runoff impacts of each of the road alternatives as well as the proposed Site B development (Oak Creek at Hennepin Village). We will also evaluate the potential for erosion and pollutant conveyance and potential impacts on creek flow. 3. Prepare hydraulic analysis. Evaluate the hydraulic impacts of various bridge designs for the proposed Riley Creek crossing. Mr. Gene Dietz City of Eden Prairie September 26, 2006 Page 3 4. Evaluate impacts. Summarize the expected hydrologic and hydraulic impacts of each of the road crossing alternatives on Riley Creek and Miller Spring. TASK 3. BIOLOGICAL ANALYSIS 1. Review existing land cover and biological data Obtain background information needed to complete the analyses as proposed and assemble the existing landcover data for the area. Data will be obtained from the Department of Natural Resources regarding sensitive species in the area. 2. Evaluate impacts. Assess the expected impacts to existing habitat and resources for each of the road crossing alternatives, including thermal impacts to the creek and impacts to the bluff areas. We will also evaluate visual impacts. Wenck would provide a rendering(s) of the view of the potential creek crossing from the creek if requested,however this is not included in this scope of work. TASK 4. TRAFFIC ANALYSIS 1. Establish project framework. Obtain background information on: traffic volume data, current development plans (types and sizes of development,year that construction would begin and expected year of full completion), other expected new developments in the nearby area,planned roadway improvements,roadway map of the area, and an aerial photograph. 2. Collect current volume data. Collect weekday a.m. and p.m. peak period turn movement volumes at the Spring Road/Prospect Road intersection. 3. Complete traffic forecasts. Based on the current site plan, we will develop weekday a.m. and p.m. peak period and weekday daily traffic forecasts for one year after completion of the proposed roadway extension. These forecasts will account for the nearby residential development planned along Eden Prairie Road. 4. Complete traffic analyses. Address traffic issues important to the City. Items addressed will include the capacity of the surrounding roadway network to accommodate the forecasted volumes, safety, and access spacing. If any potential traffic difficulties are identified, we will develop candidate mitigation measures. TASK 5. REPORTING 1. Prepare and present draft report. Prepare text and exhibits to complete the EAW document. We will serve as a resource to City staff as the draft results are presented to the Conservation Commission, Planning Commission and City Council. This assumes one Wenck representative will be present at three meetings: one Conservation Commission meeting, one Planning Commission/public meeting, and one City Council meeting. 2. Finalize report. We will assist staff in responding to comments and preparation of a Record of Decision. Wenck will incorporate comments as necessary into the final EAW. Mr. Gene Dietz City of Eden Prairie September 26, 2006 Page 4 COST ESTIMATE Task Hours Cost 1 - Data Compilation 10 $1,026 2—Hydrologic Analysis 34 3,340 3—Biological Analysis 22 2,372 4—Traffic Analysis 50 4,700 5—Reporting&Meetings 50 5,248 SUBTOTAL $16,686 EXPENSES 64 TOTAL $16,750 Note: This estimate does not include the cost of optional drawings or renderings of the potential look of any of the roadway alternatives. SUNIMARY Our team is very enthusiastic about continuing to serve the City of Eden Prairie, and we are familiar with and accept your General Conditions. We would be happy to work together with the City to refine this scope of work as necessary. If questions arise, we welcome your calls to Diane Spector at(763)479-4280, 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. ^ O- "` ., Diane Spector Ed Matthiesen,P.E. Project Manager Principal AGREEMENT THIS AGREEMENT is made and executed the day of , 20_, by and between the City of Eden Prairie , hereinafter referred to as the "Owner", and Wenck Associates, Inc.,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 September 26, 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 $16,750.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 3. Payment: Payments to the Consultant by the Owner shall be made as provided in the Proposal. 4. Contract Documents: The Contract consist of this Agreement, the Proposal dated September 26, 2006, and the City of Eden Prairie General Conditions Consultant Agreement (General Conditions). The Proposal, the Request for Proposals and the General Conditions are hereby incorporated with this Agreement and is as much a part of this Agreement as if fully set forth herein. This Agreement, the Proposal, the Request for Proposals and the General Conditions are the Contract. In the event of any conflict between the documents comprising Contract Documents this Agreement, the General Conditions, the Request for Proposals and the Proposal shall govern in that order. 5. 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. 6. 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." 7. Data Practices Act: The 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 the Contractor. 8. 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 Owner and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 9. Income Tax Withholding: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the Owner that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to withholding of income taxes upon wages. 10. 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. § 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. 11. Discrimination: In performance of this contract, the 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. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor 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. 12. Contractor's Prompt Payment of Subcontractors: The Contractor shall pay to any subcontractor within ten (10) days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent (1 1/2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. 13. Counterparts: This Agreement may be executed in multiple counterparts each of which shall be considered an original. 14. 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 Contractor. Any subsequent modification must be in writing signed by both parties. 15. 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 CONSULTANT By Ed Matthiesen,P.E. Its Principal CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 3, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: Janet Jeremiah Approve Agreement between the City of Eden ITEM NO.: VII L Community Development Prairie and Community Action Partnership for Molly Koivumaki Suburban Hennepin(CAPSH) for administration Housing&Human Services of the Emergency Vehicle Repair Program Requested Action Move: Approve the Agreement between the City of Eden Prairie and Community Action Partnership for Suburban Hennepin(CAPSH)to administer the Emergency Vehicle Repair Program. Background The City Council approved the use of Community Development Block Grant (CDBG) funds for an activity to assist with emergency vehicle repairs. CAPSH has agreed to administer the emergency vehicle repair program on behalf of the City. Attachments Agreement COMMUNITY ACTION PAR TNERSHIP OF SUB URBANHENNEPIN AGREEMENT FOR ADMINISTRATION OF PROGRAM This Agreement is between Community Action Partnership of Suburban Hennepin("CAPSH"), 33 Tenth Avenue South, Suite 150, Hopkins,MN 55343 and City of Eden Prairie, 8080 Mitchell Road,Eden Prairie, MN 55344 ("CITY"). Recitals CAPSH is a non-profit community action agency that works with local governments and non-profit agencies to provide or administer programs aimed at low-income people; CITY is a local municipality in suburban Hennepin County,Minnesota that is in need of a non-profit agency to administer its car repair program; CAPSH represents that it is duly qualified and agrees to perform all services described in this Agreement; NOW, THEREFORE,the parties agree as follows: 1. Term of Agreement 1.1 Effective Date: July 1, 2006, or the date all required signatures are obtained,whichever is later. 1.2 Expiration Date: June 30, 2008. 2. CAPSH Duties CAPSH, which at all times remains an independent contractor of CITY, agrees to perform the following services on behalf of CITY: 2.1 Administer the CITY's car repair program by determining eligibility,making payments for car repairs,tracking services provided and reporting to CITY on the services provided. 2.2 CAPSH will determine eligibility utilizing HUD's income eligibility guidelines for services(or CDBG guidelines, if different). Income will be verified for the month previous to a client's request for service. Only residents of Eden Prairie will be allowed to be part of the program, and CAPSH will verify that all participants are Eden Prairie residents. CAPSH will also determine eligibility based on service requested, namely,that the car repairs needed by a client are related to safety and drivability of the motor vehicle and not to such things including but not limited to radio repair or air conditioning. 2.3 CAPSH will verify that a diagnostic exam of the motor vehicle has been performed by a CITY approved mechanic or vehicle repair shop. CAPSH will also verify that the first 25%of the initial repair estimate has been paid by the client. Upon verification, CAPSH will pay the remainder of the bill, up to $750 per client. Any amounts owing above and beyond that amount are the responsibility of the client, and neither CAPSH nor CITY will be responsible for more than$750 of a vehicle repair bill. CAPSH/CTY Car RepairAgreement (6/06) Pagel 2.4 CAPSH will report annually to CITY on the number of clients served,the amount of funds used through the program, and any other information that is required to be reported through the use of Community Development Block Grant("CDBG") funds. The report will be provided no later than June 30t'of each year this Agreement is in force. 2.5 CAPSH will maintain client information in one of its databases that collects sufficient information to be useful to CITY and as required by the use of CDBG funds. CAPSH will assure that all clients receive data privacy notices; clients will also be required to sign a release of information form, in order that the CITY and CAPSH may share information. Information may also be provided to People Reaching Out to Other People(PROP), CITY's emergency services program,through a validly completed release of information form. 2.6 Unless otherwise agreed under a separate,written agreement, CAPSH will not be responsible for using any CAPSH monies to fund this program. All funding shall be the responsibility of CITY. 3. CITY's Duties CITY shall be responsible for performing the following activities under this AGREEMENT: 3.1 CITY shall refer participants to CAPSH for CITY's vehicle repair program. Notwithstanding CAPSH's duties as set forth in Section 2.2 of this Agreement and to the extent possible,by screening the caller,the CITY shall attempt determine that referred participants are residents of Eden Prairie. 3.2 CITY shall deposit with CAPSH funds to administer the vehicle repair program. CITY shall determine the annual amount of funds to be used for this program and shall include,but not necessarily limited to,CDBG funds. CAPSH agrees to maintain an accounting of all fiends distributed by CITY for the vehicle repair program. 3.3 CIT a if c' r information are required, and Y shall determine any special forms o types of q , provide any specific forms that the CITY shall require for participation in the vehicle repair program. 4. Consideration and Payment 4.1 Consideration. In consideration for administration of this program by CAPSH, CITY agrees to refer low-income clients to the program. CAPSH's agreement to administer CITY's vehicle repair program is in line with its mission to assist low-income clients get out of poverty and/or become self-sufficient. (A) Compensation. CAPSH will not receive any compensation for administering this program on behalf of CITY. CAPSH/CITY Car RepairAgreement (6/06) Page 2 (B)Payment for Vehicle Repairs. CITY will pay to CAPSH not less than $3,000 (three thousand) dollars per year to be used to pay for the repair of the client's vehicles. All of the funds remitted to CAPSH by CITY will be used for vehicle repairs for Eden Prairie residents. CAPSH will receive no fee for administration of this program. 5. Authorized Representatives and Project Managers CAPSH's Authorized Representative for this Agreement is Richard Zierdt, Executive Director, Community Action for Suburban Hennepin, 33 Tenth Avenue South, Suite 150,Hopkins, Minnesota, 55343, 952-933-9639, or his successor, and has the responsibility to monitor CITY's performance. CITY's Authorized Representative is Molly Koivumaki, 8080 Mitchell Road,Eden Prairie,MN, 952-949-8439.If CITY's Authorized Representative changes at any time during this Agreement, CITY must immediately notify CAPSH. 6. Assignment,Amendments,and Contract Complete 6.1 Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 6.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 6.3 Contract Complete. This Agreement contains all negotiations and agreements between CAPSH and CITY.No other understanding regarding this Agreement,whether written or oral, may be used to bind either party. 7. Liability Each party shall indemnify, save, and hold the other party, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by that party, arising from the performance of this Agreement by either party or their agents or employees. This clause will not be construed to bar any legal remedies either parry may have for the other parry's failure to fulfill its obligations under this Agreement. CAPSH/CrrY Car RepairAgreement (6/06) Page 3 8. Audits In accordance with the funding agreements between CAPSH,the CITY, its public and private funders, and Minnesota Statutes, both parties' books,records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the other party and/or the Legislative Auditor or State Auditor,for a period of six(6)years after the effective date of this Agreement. 9. Government Data Practices and Intellectual Property 9.1 Government Data Practices. Both parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each party, as it applies to all data created,collected,received, stored, used, maintained, or disseminated by each party under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this Section by either CITY or CAPSH. If CAPSH receives a request to release the data referred to in this Section, CAPSH shall immediately notify CITY. CITY shall provide CAPSH instructions concerning the release of the data to the requesting party before the data is released. 10. Workers' Compensation Both parties certify that they are in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage.Neither party's employees and agents will be considered employees of the other parry. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of CAPSH's employees or agents and any claims made by any third party as a consequence of any act or omission on the part of these employees or agents are in no way the obligation or responsibility of the CITY, and any claims that may arise under the Minnesota Workers' Compensation Act on behalf of the CITY's employees or agents and any claims made by any third party as a consequence of any act or omission on the part of these employees or agents are in no way the obligation or responsibility of CAPSH. 11. Governing Law,Jurisdiction,and Venue Minnesota law,without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings out of this Agreement or its breach must be in the appropriate state or federal court with competent jurisdiction in Hennepin County, Minnesota. 12. Termination 12.1 Termination. Either party may cancel this Agreement at anytime,with or without cause, upon 30 days' written notice to the other party. CAPSH/CITY Car RepairAgreement (6/06) Page 12.2 Termination for Insufficient Funding. CITY may immediately terminate this Agreement if it does not obtain funding for the vehicle repair program; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written or fax notice to CAPSH.CAPSH is not obligated to pay for any services that are provided after notice and effective date of termination. CAPSH will not be assessed any penalty if the Agreement because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. CAPSH must provide CITY notice of the lack of funding within a reasonable time of CAPSH's receiving that notice. 12.3 Return of Funds in the Event of Contract Termination. In the event this Agreement is terminated for any reason, CAPSH shall promptly return to the City all unused funds provided by the City for the vehicle repair program under Section 4.1(B) of this Agreement. THE PARTIES SIGNIFY THEIR ACCEPTANCE OF THIS AGREEMENT BY SIGNING BELOW. Community Action Partnership of City of Eden Prairie Suburban Hennepin Richard Zierdt, Executive Director Nancy Tyra-Lukens,Mayor Dated: Dated: Scott Neal City Manager Dated: P:\Home\EP\Community Dev\Car Repair Agreement\Agreement-062706.doc CAPSH/CITY Car RepairAgreement (6/06) Page 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 3,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.J. Office of City Manager Resolution Approving Appointment of Kathleen Porta, City Clerk Election/Student Judges for the General Election Requested Action Adopt the resolution approving the appointment of election judges and student election judges for the November 7, 2006 General Election. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. These judges are in addition to the ones approved at the August 15,2006, City Council meeting. Attachment. Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- WHEREAS,Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election judges,student judges,or alternate judges and are appointed for the General Election to be held November 7,2006. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Michael Barone Susan Gulstad Jean Myers Gerry Beckmann Tracy Keibler Laura Philips Mary Anne Bryndal Ralph Kumpula George Tkach Jeanne Chevalier Lori Lhotka Lynn Walker Kenneth Dahlager Barbars McCarthy Maurice Weiler Barbara Gabbert Elaine McDonald Students John Ames Anupama Dathan Katie Morrison Rachel Bauman Michael Foreman Ali Neugebauer Kelly Benson Allison Gabbert Kristine Pederson Kate Bjorklund Sam Gotham Joseph Pesch Paul Blakely Alexandra Grandelis Prasad Raman Meghann Brestovansky Jenny Heck Alexa Redfield Brittany Bull Kyle Johnson Justin Rose Brittany Bump Dominic Johnson Heidi Saxton Tyler Burkhardt Kevin Kamer Laura Schneider Courtney Christenson Sara Klemp Steven Shonts Emily Chryst Madelyn Lenhard Tyler Sit Megan Clark Lisa Locher Julie Smith Tatiana Craine Claire Lukens Stephanie Vilendrer Danny Crichton Martha Mackmiller Ann Wachutka Anna Crist James Maslyn Morgan Woodrow Lauren Cziok Kyle McMonigal ADOPTED by the Eden Prairie City Council on this 3`d day of October 2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor CITY COUNCIL AGENDA DATE: October 3, 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.K. Community Development/Planning Amendment to Development Janet Jeremiah Agreement- Woodland 2nd Scott Kipp Addition Requested Action Move to: • Amend the Development Agreement for Woodland 2nd Addition to now be entitled "Development Agreement-Woodland 3rd Addition", and • Amend the legal description after final plat of the Property subject to the Agreement as Lot 1, Block 1, Woodland 3rd Addition. Background Information The Woodland 2nd Addition Development Agreement was approved by the City Council on September 19, 2006. This project was a platting of one single family lot located at 6983 Woodland Drive. The Development Agreement was recorded at Hennepin County. Due to a conflict with another plat of a similar name, Hennepin County requested that the plat be renamed as Woodland 3rd Addition. The change of the name for the Development Agreement to Woodland 3rd Addition, as well as the legal description after final plat, will preserve continuity between these documents and the final plat at the Hennepin County Registrar for the project. Attachment Amendment to Development Agreement AMENDMENT TO DEVELOPMENT AGREEMENT WOODLAND 3RD ADDITION This Amendment is made as of this 3rd day of October, 2006, by and between Thomas S. Robertson, an individual, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer and the City entered into the Development Agreement — Woodland 2nd Addition (the "Agreement") as of September 19, 2006 (attached hereto as Exhibit A), concerning certain real property in Eden Prairie, Minnesota, legally described in Exhibit A by Exhibit A attached thereto; and WHEREAS,the Agreement was filed with the Hennepin County Recorder on September 22,2006, as Document No. 8866725. WHEREAS,the name of the plat has changed to "Woodland 3rd Addition"and WHEREAS, the parties desire to amend the Agreement to change the name of the Agreement and Legal Description After Final Plat on Exhibit A. NOW,THEREFORE,the Agreement is amended as follows: 1. The Agreement shall be entitled "Development Agreement Woodland 3rd Addition." 2. The legal description of the Agreement is hereby amended and replaced with the attached Exhibit B. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By: Thomas S.Robertson Nancy Tyra-Lukens Its: Mayor By: Scott H.Neal Its: City Manager STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 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 28t'day of September,2006, by Thomas S.Robertson. Notary Public 2 EXHIBIT A DEVELOPMENT AGREEMENT-WOODLAND 2' ADDITION Legal Description Before Final Plat OUTLOT A, Woodland Addition,Hennepin County,Minnesota, subject to easements of record. Legal Description After Final Plat Lot 1, Block 1, Woodland 2nd Addition EXHIBIT B DEVELOPMENT AGREEMENT WOODLAND 3RD ADDITION THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of September 19, 2006, by Thomas S. Robertson, an individual, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Preliminary Plat of.64 acres into one lot, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City Resolution No. 2006-96 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated July 18, 2006, reviewed and approved by the City Council on August 1, 2006, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXIIIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided DEVELOPMENT AGREEMENT—WOODLAND 3RD ADDITION Legal Description Before Final Plat g P OUTLOT A, Woodland Addition,Hennepin County, Minnesota, subject to easements of record. Legal Description After Final Plat Lot 1, Block 1, Woodland 3rd Addition CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 3, 2006 DEPARTMENT: 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 156705- 157256 Wire Transfers 2531 -2542 Background Information Gap in check numbers due to#156966 thru 156970 ruined by check printer jam City of Eden Prairie Council Check Summary 10/3/2006 Division Amount General 69,708 100 City Manager 428 101 Legislative 677 110 City Clerk 20,734 III Customer Service 11,994 112 Human Resources 621 113 Communication Services 4,664 114 Benefits&Training 599 116 Facilities 55,555 117 City Center 86,398 130 Assessing 596 131 Finance 161 133 Planning 14,145 135 Information Technology 45,079 136 Wireless Communication 876 137 Economic Development 300 138 Community Development Admin. 50 150 Park Administration 2,966 151 Park Maintenance 18,213 153 Organized Athletics 4,027 154 Community Center 4,981 157 Special Events 754 158 Adult Recreation 562 159 Recreation Administration 26 160 Therapeutic Recreation 119 161 Oak Point Pool 22 162 Arts 2,854 163 Outdoor Center 761 164 Park Rental Facilities 123 180 Police 20,137 184 Fire 11,252 185 Animal Control 1,570 186 Inspections 100 200 Engineering 1,685 201 Street Maintenance 6,231 202 Street Lighting 2,359 203 Fleet Services 15,536 301 CDBG 5,478 304 Senior Board 23 308 E-911 1,481 312 Recycle Rebate 249 314 Liquor Compliance 500 315 Economic Development 56 502 Park Development 19,035 503 Utility Improvement 29,128 506 Improvment Bonds 1996 172,976 509 CIP Fund 28,743 512 CIP Trails 2,675 515 Fire Station#4 208 516 ADC PROJECT 798 520 Parks Referendum 34,182 522 IMPROVMENT PROJECTS 2006 9,941 601 Prairie Village Liquor 115,356 602 Den Road Liquor 178,962 603 Prairie View Liquor 106,012 605 Den Road Building 11,823 701 Water Fund 48,008 702 Sewer Fund 12,904 703 Storm Drainage Fund 13,407 803 Escrow Fund 20,624 806 SAC Agency Fund 97,650 807 Benefits Fund 680,399 Report Totals 1,997,482 City of Eden Prairie Council Check Register 10/3/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2531 11,231 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2532 16,516 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2533 86,806 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2534 27,281 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2535 139,090 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2536 581 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2537 82,498 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2538 11,327 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2539 16,716 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2540 86,371 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2541 26,705 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2542 135,202 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 156705 1,851 COSTCO Operating Supplies Fire 156706 16 DAHL,GAYLE Program Fee Red Hat 156707 275 DEPT OF EMPLOYMENT/ECONOMIC DE Conference Expense Economic Development 156708 54 EDEN PRAIRIE NEWS Dues&Subscriptions Communication Services 156709 4,264 GMDCA Refunds CDBG-Public Service 156710 67 HANLON,KIM Operating Supplies Fire 156711 178,944 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 156712 415 HENNEPIN COUNTY TREASURER Other Contracted Services Elections 156713 6 KANG,ERIC Lessons&Classes Ice Arena 156714 9,713 LEAGUE MN CITIES INS TRUST Insurance Den Road Liquor Store 156715 100 MINNESOTA BOARD OF ELECTRICITY Merchandise for Resale Inspections-Administration 156716 70 MINNESOTA HISTORICAL SOCIETY Conference Expense Planning 156717 25 MINNESOTA HOUSING PARTNERSHIP Other Contracted Services Rehab 156718 1,902 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 156719 65 PETTY CASH-EPCC Video&Photo Supplies Community Center Admin 156720 149 PLOSZAY,ANDREA Mileage&Parking Aquatics&Fitness Admin 156721 20 POPULAR PHOTOGRAPHY Dues&Subscriptions Communication Services 156722 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 156723 70 QWEST Telephone Sewer Liftstation 156724 314 SCHLOTTMAN,SARAH Other Revenue General Fund 156725 52 SLETTEN,LOLA Program Fee Trips 156726 25 SOUTHWEST METRO IAAP Conference Expense Community Development Admin. 156727 2,076 SUMMIT DISTRIBUTING Capital Under$2,000 Police 156728 56 TAHER INC CATERING Other Contracted Services Economic Development Fund 156729 195 TCALMC Conference Expense Water Distribution 156730 59 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 156731 192 VOGEL'S EXOTIC ANIMALS SHOWS Other Contracted Services Winter Theatre 156732 12 VOLK,CAROLYN Program Fee Classes/Programs/Events 156733 31,987 XCEL ENERGY Electric Water Treatment Plant 156734 77 ABRAIRA,DANIEL CARLOS Wages No Benefits Elections 156735 185 AFFOLTER,DONALD Wages No Benefits Elections 156736 77 ALBERTS,DALE A Wages No Benefits Elections 156737 79 ALFINITO,JOHN Wages No Benefits Elections 156738 220 AMUNDSON,LONDA Wages No Benefits Elections 156739 149 ANDERSON,BETTY J Wages No Benefits Elections 156740 204 ANDERSON,ELIZABETH C Wages No Benefits Elections 156741 155 ANDERSON,JANELLE Wages No Benefits Elections 156742 90 ANDERSON,KENNETH Wages No Benefits Elections 156743 77 ANDRS,KAREN Wages No Benefits Elections 156744 90 AUTIO,NANCY J Wages No Benefits Elections 156745 206 BAKER,LISA SMITH Wages No Benefits Elections 156746 201 BARTOLETT,JUDITH Wages No Benefits Elections 156747 198 BEAUVAIS,BERNADINE Wages No Benefits Elections 156748 83 BECKMANN,GERALDINE Wages No Benefits Elections 156749 77 BIERMAIER,MICHAEL S Wages No Benefits Elections 156750 90 BLACKARD,LOUISE Wages No Benefits Elections 156751 81 BOLAND,JANET M Wages No Benefits Elections 156752 198 BOLLWEG,NANCY Wages No Benefits Elections 156753 77 BOZANICH,STACEY Wages No Benefits Elections Check# Amount Vendor/Explanation Account Description Business Unit 156754 79 BRENNER,KATHRYN Wages No Benefits Elections 156755 90 BRITT,DIANA Wages No Benefits Elections 156756 153 BUDKE,C GEORGE Wages No Benefits Elections 156757 54 CANTIN,RODNEY Wages No Benefits Elections 156758 90 CARL,KAREN Wages No Benefits Elections 156759 90 CHEVALIER,JEANNE Wages No Benefits Elections 156760 90 CLARK,BETTY Wages No Benefits Elections 156761 90 CLARK,JAMES G Wages No Benefits Elections 156762 90 CLAUS,CARRIE Wages No Benefits Elections 156763 79 CLINTON,BARBARA Wages No Benefits Elections 156764 81 CONBOY,NANCY Wages No Benefits Elections 156765 77 CONLEY,JOYCE Wages No Benefits Elections 156766 81 CONNORS,MARGE Wages No Benefits Elections 156767 183 CONNORS,PETE Wages No Benefits Elections 156768 86 COURT,ARNOLD Wages No Benefits Elections 156769 86 CROSBY,JOYCE Wages No Benefits Elections 156770 79 DAHLAGER,SONJA Wages No Benefits Elections 156771 151 DAKAY,JAYNE Wages No Benefits Elections 156772 79 DALY,JANE Wages No Benefits Elections 156773 183 DIEDE,MIKE Wages No Benefits Elections 156774 153 DILLING,LORRAINE Wages No Benefits Elections 156775 209 DOLLERSCHELL,JOHN Wages No Benefits Elections 156776 90 DORR,GRETCHEN Wages No Benefits Elections 156777 90 DOYLE,HELEN Wages No Benefits Elections 156778 90 DUFFY,JOHN Wages No Benefits Elections 156779 90 DUVICK,LOIS Wages No Benefits Elections 156780 79 ECKHARDT,GARY Wages No Benefits Elections 156781 185 EGGEBRECHT,WANDA Wages No Benefits Elections 156782 151 EIDE,JANE Wages No Benefits Elections 156783 90 ELLIOTT,YING Wages No Benefits Elections 156784 90 ELLISON,CAROL E Wages No Benefits Elections 156785 153 ELLISON,LORETTA M Wages No Benefits Elections 156786 79 ENGELSTAD,CALVIN Wages No Benefits Elections 156787 201 FITZSIMMONS,MARGARET Wages No Benefits Elections 156788 153 FLAVIN.MARILYN Wages No Benefits Elections 156789 90 FRANTZ,DIANNE Wages No Benefits Elections 156790 63 GABBERT,BARBARA Wages No Benefits Elections 156791 206 GARST,RUTH Wages No Benefits Elections 156792 79 GATES,SHARON Wages No Benefits Elections 156793 185 GILBERT,GORDON Wages No Benefits Elections 156794 185. GILBERT,JUNE Wages No Benefits Elections 156795 149 GJERSVIK,CAROL Wages No Benefits Elections 156796 81 GOLDMAN,KRISTINE Wages No Benefits Elections 156797 90 GROTH,MAUREEN Wages No Benefits Elections 156798 90 HANSEN,FEIONA Wages No Benefits Elections 156799 170 HANSEN,KERMIT P Wages No Benefits Elections 156800 90 HANSON,JUNE Wages No Benefits Elections 156801 90 HANSON,KATHERINE Wages No Benefits Elections 156802 90 HANSON,RUSSELL W Wages No Benefits Elections 156803 74 HARRIS,KARIN M Wages No Benefits Elections 156804 180 HARRIS,MARCY Wages No Benefits Elections 156805 175 HAWKINS,GLENDA Wages No Benefits Elections 156806 79 HEDBERG,SUSAN Wages No Benefits Elections 156807 90 HIGGINS,ROBERT Wages No Benefits Elections 156808 180 HULK,ROSEMARIE Wages No Benefits Elections 156809 188 HOLLINGSWORTH,KAREN Wages No Benefits Elections 156810 151 HOOD,CHARLOTTE Wages No Benefits Elections 156811 90 HOWDEN,ARLENE Wages No Benefits Elections 156812 170 ISMAIL,ISMAIL A Wages No Benefits Elections 156813 95 JOHNSON,TRACY L Wages No Benefits Elections 156814 79 JUSTUS,GORDON Wages No Benefits Elections 156815 79 KAMPHOFF,JILL Wages No Benefits Elections 156816 83 KELLY,J ROBERT Wages No Benefits Elections 156817 90 KINGHORN,KATHY Wages No Benefits Elections 156818 90 KISTLE,BARBARA Wages No Benefits Elections Check# Amount Vendor/Explanation Account Description Business Unit 156819 81 KRAUSE,DOLORES Wages No Benefits Elections 156820 90 KRUEGER,MARK Wages No Benefits Elections 156821 204 KUBIN,MARIANNE R Wages No Benefits Elections 156822 180 KUCH,BONNIE VEVERKA Wages No Benefits Elections 156823 41 KUMPULA,RALPH Wages No Benefits Elections 156824 81 LAFRENZ,JODEEN Wages No Benefits Elections 156825 50 LAURENCE,JUDI Wages No Benefits Elections 156826 90 LEGLER,MARILYN Wages No Benefits Elections 156827 155 LENHART,NANCY Wages No Benefits Elections 156828 90 LEVI-MCLOUDEN,GAYLE Wages No Benefits Elections 156829 79 LHOTKA,LORI Wages No Benefits Elections 156830 79 LITTLE,NANCY Wages No Benefits Elections 156831 193 MACDONALD,ELAINE Wages No Benefits Elections 156832 72 MADDY,VICKI Wages No Benefits Elections 156833 153 MAJERUS,GEORGIA Wages No Benefits Elections 156834 79 MALLO,JOHN E Wages No Benefits Elections 156835 90 MARTINSON,LYDIA Wages No Benefits Elections 156836 90 MCKELVEY,MARY Wages No Benefits Elections 156837 151 MCKLOSKEY,JUDY Wages No Benefits Elections 156838 81 MEISSNER,LOIS A. Wages No Benefits Elections 156839 83 MERRIMAN,FRANCIS Wages No Benefits Elections 156840 90 MERTZ,CYNTHIA Wages No Benefits Elections 156841 79 MEUWISSEN,ANDREW Wages No Benefits Elections 156842 204 MILLBERG,CHUCK Wages No Benefits Elections 156843 90 MILLER,JAMES W. Wages No Benefits Elections 156844 77 MILLER,THERESE Wages No Benefits Elections 156845 151 MONSON,CLARENCE Wages No Benefits Elections 156846 77 MORSHARE,ROBERT N Wages No Benefits Elections 156847 79 MOSER,ANTHONY Wages No Benefits Elections 156848 83 MOSER,BERNADINE Wages No Benefits Elections 156849 90 MUNSON,LOIS Wages No Benefits Elections 156850 153 NELSON,CAROLINE Wages No Benefits Elections 156851 153 NELSON,DONALD A Wages No Benefits Elections 156852 83 NESS,MARY D. Wages No Benefits Elections 156853 81 NIERMAN,PAUL A Wages No Benefits Elections 156854 90 NIPPER,VICTORIA E Wages No Benefits Elections 156855 81 NOMURA,KATHERINE L. Wages No Benefits Elections 156856 90 NONDORF,RICK Wages No Benefits Elections 156857 198 NORMAN,KAREN Wages No Benefits Elections 156858 90 O'LEARY,JOAN Wages No Benefits Elections 156859 90 OFTELIE,SUE . Wages No Benefits Elections 156860 77 OLSON,ALAN K Wages No Benefits Elections 156861 81 OSTENSON,JACKIE Wages No Benefits Elections 156862 149 OTIS,RUTH Wages No Benefits Elections 156863 90 OTTUM BEVERLY Wages No Benefits Elections 156864 45 PELLAR-PRICE,VICKI Wages No Benefits Elections 156865 138 PETERS,JOHN T Wages No Benefits Elections 156866 90 PETERSON,GERALDINE J Wages No Benefits Elections 156867 149 POLING,CHERYL Wages No Benefits Elections 156868 77 PRALLE,KAY Wages No Benefits Elections 156869 81 PROOPS,RICHARD Wages No Benefits Elections 156870 149 RAITCH,NORMA Wages No Benefits Elections 156871 95 RENK,BERNARD J Wages No Benefits Elections 156872 180 RISCHMILLER,DAWN Wages No Benefits Elections 156873 88 ROSCHEN,JOHN Wages No Benefits Elections 156874 149 RUGGLES,DY-ANNA Wages No Benefits Elections 156875 90 RUMMEL,ROSA Wages No Benefits Elections 156876 86 SCHLEICHER,GORDON Wages No Benefits Elections 156877 86 SCHLEICHER,LAVERNE Wages No Benefits Elections 156878 90 SCHNEIDER,GEORGE W Wages No Benefits Elections 156879 81 SCHROEDER NORA Wages No Benefits Elections 156880 79 SCHWOB,DONNA Wages No Benefits Elections 156881 198 SHOLD,DAVID P Wages No Benefits Elections 156882 204 SHOLD,GLENNA Wages No Benefits Elections 156883 83 SHUMATE,SANDRA Wages No Benefits Elections Check# Amount Vendor/Explanation Account Description Business Unit 156884 90 SIMENSON,GLADYS Wages No Benefits Elections 156885 79 STEIN,THOMAS Wages No Benefits Elections 156886 77 SUNDELL,PAUL Wages No Benefits Elections 156887 90 SWANSON,RICHARD A Wages No Benefits Elections 156888 90 SWITZER,MARILYN Wages No Benefits Elections 156889 90 TAGGATZ,ELEANOR M Wages No Benefits Elections 156890 90 THOMPSON,GERALD Wages No Benefits Elections 156891 90 THOMPSON,JANE Wages No Benefits Elections 156892 188 THOMPSON,NANCY J Wages No Benefits Elections 156893 90 TORNOE,JACQUELINE Wages No Benefits Elections 156894 81 TOSKEY,JULIE Wages No Benefits Elections 156895 105 TRAUGHBER,KRISTIN Wages No Benefits Elections 156896 90 USHER,RANDI Wages No Benefits Elections 156897 77 VAN REMORTEL,JO M Wages No Benefits Elections 156898 77 VAVRECK,JUNE Wages No Benefits Elections 156899 204 VICKMAN,KAREN Wages No Benefits Elections 156900 77 VINELLA,FRANK Wages No Benefits Elections 156901 83 VOGEL,MARY Wages No Benefits Elections 156902 79 WACH,CAROL Wages No Benefits Elections 156903 183 WEAVER,LAUREN Wages No Benefits Elections 156904 90 WESTREM,MARY Wages No Benefits Elections 156905 77 WILLIAMSON,MARGARET Wages No Benefits Elections 156906 90 WILSON,JOANNE M Wages No Benefits Elections 156907 90 WISSNER,MARY JANE Wages No Benefits Elections 156908 149 WITTENBERG,MARIE Wages No Benefits Elections 156909 59 ZIEMER,BARBARA Wages No Benefits Elections 156910 300 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 156911 538 ASPEN WASTE SYSTEMS INC. Improvements to Land Capital Impr./Maint.Fund 156912 300 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 156913 2,022 CENTERPOINT ENERGY Gas Water Treatment Plant 156914 719 D GORING&ASSOCIATES INC Other Contracted Services Park Maintenance 156915 904 GE CAPITAL Other Rentals General 156916 119 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals General 156917 550 HENNEPIN COUNTY HOUSING,COMMU Other Contracted Services Rehab 156918 54 HOEHN,JEREMY Operating Supplies Fire 156919 52 LEE,DONNA Program Fee Trips 156920 20 MINNESOTA DISTANCE RUNNING ASS Operating Supplies Fitness Classes 156921 225 MN AWWA Conference Expense Utility Operations-General 156922 199 NORTHERN TOOL Operating Supplies Park Maintenance 156923 72 PITKANEN,STEVEN S Mileage&Parking Utility Operations-General 156924 1,082 QWEST Telephone Wireless Communication 156925 12,375 STONEGATE LLC Deposits Escrow 156926 8 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 156927 53,269 XCEL ENERGY Electric City Hall-CAM 156929 94 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 156930 168 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 156931 7,300 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 156932 8,368 DAY DISTRIBUTING Beer Prairie View Liquor Store 156933 596 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 156934 17,516 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store 156935 115 HOHENSTEINS INC Beer Den Road Liquor Store 156937 37,369 JOHNSON BROTHERS LIQUOR CO Liquor . Prairie View Liquor Store 156938 516 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store 156939 330 MARGRON SKOGLUND WINE IMPORTS, Wine Domestic Den Road Liquor Store 156940 19,234 MARK VII Beer Prairie Village Liquor Store 156941 1,128 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 156942 168 MORAN USA,LLC Misc Taxable Den Road Liquor Store 156943 618 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 156944 4,748 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 156945 12,169 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 156946 554 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 156947 22,959 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 156948 344 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 156949 299 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 156950 13,803 TAYLOR DIST CO OF MN INC Beer Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 156951 19,177 THORPE DISTRIBUTING Beer Prairie View Liquor Store 156952 756 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 156953 1,665 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 156954 1,837 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 156955 592 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 156956 380 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 156957 290 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 156958 37 BELROSE,ETTA JANE Program Fee Health and Fitness 156961 8,097 BIFFS INC Waste Disposal Park Maintenance 156962 381 BOY SCOUT TROOP 695 Other Contracted Services Sunbonnet Days 156963 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 156964 1 COX,KATHLEEN N Program Fee Cummins House Special Events 156965 229 DRAMATIC PUBLISHING Other Contracted Services Arts Initiative 156971 278 DRAMATISTS PLAY SERVICE INC Other Contracted Services Arts Initiative 156972 595 FRATTALONE CO Deposits Escrow 156973 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 156974 4 HAMILA,AMED Open Fees Pool Operations 156975 484 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 156976 110 JOHNSTON,ROB Tuition Reimbursement/School Police 156977 546 KEVITT EXCAVATING INC Deposits Escrow 156978 125 KRANZ LAWN&ATV Equipment Repair&Maint Water System Maintenance 156979 7 LEE,SUWANNA Lessons&Classes Ice Arena 156980 28,473 LOGIS LOGIS Information Technology 156981 23 METRO SALES INCORPORATED* Office Supplies General 156982 1,144 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 156983 1,208 MINNESOTA STATE FAIR _ Deposits Escrow 156984 395 MN FALL MAINTENANCE EXPO Conference Expense Engineering 156985 210 MUNICIPALS Other Contracted Services Organizational Services 156986 29 NORCOSTCO Printing Arts Initiative 156987 147 PETERS,GARY Conference Expense Engineering 156988 732 PETTY CASH Mileage&Parking Water Distribution 156989 82 PETTY CASH-EPCC Mileage&Parking Community Center Admin 156990 8,500 PRAIRIE PARTNERS SIX LLP Janitor Service Prairie Village Liquor Store 156991 7,570 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 156992 62 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 156993 297 PROP United Way Withheld General Fund 156994 120 REYNOLDS,REBECCA Other Contracted Services Arts Initiative 156995 25 ROONEY,SUSAN Lessons&Classes Ice Arena 156996 56 SAMUEL FRENCH INC Operating Supplies Winter Theatre 156997 512 SHEGGEBY,MICHAEL Mileage&Parking Community Center Maintenance 156998 147 SNYDER,KEVIN Conference Expense Engineering 156999 18 STATE OF MINNESOTA Operating Supplies Fleet Services 157000 250 STROHMYER,TOM Other Contracted Services Staring Lake Concert 157001 9 TAN,LIAN OR SUSAN Y00 Open Fees Pool Operations 157002 100 TOTAL ENTERTAINMENT Operating Supplies Halloween Party 157003 290 UNITED WAY United Way Withheld General Fund 157004 562 VALLEY PAVING INC Deposits Escrow 157005 28 VEIRE,CINDY Lessons&Classes Ice Arena 157006 100 VERIZON WIRELESS Pager&Cell Phone Sewer Utility-General 157007 600 WM MUELLER AND SONS INC Deposits Escrow 157008 1,947 XCEL ENERGY Electric Senior Center 157009 4,749 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 157010 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 157011 34 DISH NETWORK Cable TV Community Center Admin 157012 91 GE CAPITAL Other Rentals General 157013 1,590 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 157014 117 KEATING,MARY Conference Expense Planning 157015 141 KOTCHEVAR,SUSAN Mileage&Parking Finance 157016 3,241 METRO SALES INCORPORATED* Other Rentals General 157017 120 MSCA Operating Supplies Assessing 157018 344 PITNEY BOWES INC Postage General 157019 153 RUE,RODNEY Travel Expense Engineering 157020 63 SHURSON,BOB Mileage&Parking Senior Center Administration 157021 146 SORENSEN,ED Mileage&Parking Water Distribution 157022 446 STAR TRIBUNE Dues&Subscriptions Communication Services Check# Amount Vendor/Explanation Account Description Business Unit 157023 306 UL I Operating Supplies Assessing 157024 205 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage 157025 144 WERTS,SANDY Mileage&Parking Arts 157026 75 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 157027 180 XCEL ENERGY Electric Traffic Signals 157028 372 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 157029 114,897 BEARMAN,WILLIAM J AND CLAUDIA Miscellaneous Improvement Projects 1996 157030 120 BOGREN,ANN Canine Supplies Police 157031 25 BRITT,DIANA Memberships Community Center Admin 157032 178 CARLSON,DAN Tuition Reimbursement/School Police 157033 14,327 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 157034 306 CHRZANOWSKI,NANCY Parking Permits Parking 157035 500 CROW WING COUNTY SHERIFF'S DEP Deposits Escrow 157036 30 CUB FOODS EDEN PRAIRIE Clothing&Uniforms Reserves 157037 62 CULLIGAN BOTTLED WATER Operating Supplies Fire 157038 338 D'AMICO AND SONS Miscellaneous City Council 157039 10,017 DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 157040 209 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Manager 157041 208 EDEN PRAIRIE,CITY OF Building Fire Station#4 157042 150 EXPLORE MINNESOTA TOURISM Conference Expense Parks Administration 157043 45 FIRE MARSHALS ASSN OF MD WESOT Dues&Subscriptions Fire 157044 2,149 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 157045 2,526 HENNEPIN COUNTY TREASURER Board of Prisoner Police 157046 104 HENNEPIN COUNTY TREASURER-TARP Operating Supplies Planning 157047 1,240 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 157048 75 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Police 157049 218 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 157050 123 LARSON,ALLEN R. Tuition Reimbursement/School Police 157051 70 LMHRC Conference Expense City Council 157052 718 LORMAN EDUCATION SERVICES Tuition Reimbursement/School Police 157053 1,076 METRO SALES INCORPORATED* Other Rentals General 157054 96,674 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 157055 15 MINNESOTA COUNTY ATTORNEYS ASS Tuition Reimbursement/School Police 157056 25 MN FALL MAINTENANCE EXPO Conference Expense Engineering 157057 2,680 MRPA Conference Expense Parks Administration 157058 135 NFPA Dues&Subscriptions Fire 157059 300 NORTH MEMORIAL EMS EDUCATION Other Contracted Services Police 157060 500 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 157061 144 PRECISION SMALL ENGINE REPAIR Equipment Parts Fleet Services 157062 23 QUICKSILVER EXPRESS COURIER Postage Fire 157063 1,481 QWEST Telephone E-911 Program 157064 435 RUE,RODNEY Mileage&Parking Engineering 157065 50 SALVATION ARMY DISASTER SVCS, Tuition Reimbursement/School Police 157066 129 ST.LOUIS PARK,CITY OF Conference Expense Parks Administration 157067 117 STANDARD HEATING&AIR COND CO Mechanical Permits General Fund 157068 225 TABER INC CATERING Reimbursement Supplement Employment 157069 99 TIME WARNER CABLE Operating Supplies Fire 157070 11,363 TUSHIE MONTGOMERY ARCHITECTS Building Den Road Building 157071 160 UNIVERSITY OF MINNESOTA Conference Expense Engineering 157072 6 UPS Postage Fire 157073 8 VERIZON WIRELESS Pager&Cell Phone Fleet Services 157074 161 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 157075 144 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 157076 6,918 BELLBOY CORPORATION Liquor Den Road Liquor Store 157077 11,658 DAY DISTRIBUTING Beer Prairie View Liquor Store 157078 2,984 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 157079 300 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 157080 1,006 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 157081 11,205 GRIGGS COOPER&CO Wine Domestic Prairie View Liquor Store 157082 1,715 HOHENSTEINS INC Beer Prairie View Liquor Store 157084 21,475 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 157085 108 M.AMUNDSON LLP Misc Non-Taxable Den Road Liquor Store 157086 4,562 MARK VII Beer Den Road Liquor Store 157087 302 MIDWEST COCA COLA BOTTLING COM Beer Den Road Liquor Store 157088 3,695 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 157089 7,523 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 157090 254 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 157091 12,945 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 157092 307 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 157093 17,283 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 157094 18,310 THORPE DISTRIBUTING Beer Prairie View Liquor Store 157095 528 VINOCOPIA Wine Imported Den Road Liquor Store 157096 835 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 157097 1,526 WINE MERCHANTS INC Wine Imported Prairie Village Liquor Store 157098 38 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 157099 410 WORLD CLASS WINES INC Wine Imported Prairie View Liquor Store 157100 138 A TO Z RENTAL CENTER Equipment Parts Storm Drainage 157101 7,679 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 157102 112 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 157103 227 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 157104 225 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 157105 99 ACOUSTICS ASSOCIATES INC Supplies-General Building City Center Operations 157106 975 ACTIVE NETWORK INC,THE Equipment Repair&Maint Information Technology 157107 749 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Public Works/Parks 157108 321 AL'S COFFEE Merchandise for Resale Concessions 157109 41 ALCOPRO Operating Supplies Police 157110 173 ALTERNATIVE BUSINESS FURNITURE Building Capital Impr./Maint.Fund 157111 4,906 AMSAN BRISSMAN-KENNEDY Building Repair&Maint. Capital Impr./Maint.Fund 157112 1,515 ANCHOR PRINTING COMPANY Printing Arts Initiative 157113 147 AQUA ENGINEERING INC Operating Supplies Street Maintenance 157114 43 ASTLEFORD EQUIPMENT COMPANY IN Equipment Parts Fleet Services 157115 1,333 AUDIOVISUAL INC Video&Photo Supplies Communication Services 157116 1,354 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 157117 40 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 157118 27 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 157119 250 BEST&FLANAGAN LLP Other Contracted Services Rehab 157120 625 BL DALSIN ROOFING Contract Svcs-Roof Fire Station#1 157121 609 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Park Shelters 157122 1,455 BLOOMINGTON,CITY OF Kennel Services Animal Control 157123 12,557 BRAUER AND ASSOCIATES LTD Design&Engineering Park Acquisition&Development 157124 239 BRO-TEX INC Equipment Parts Fleet Services 157125 5,751 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 157126 725 CLAREYS INC Safety Supplies Utility Operations-General 157127 264 COLOR PRINTING Printing Police 157128 412 COMMERCIAL STEAM TEAM Other Contracted Services Prairie View Liquor Store 157129 415 COMPAR INC Other Hardware Information Technology 157130 14 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 157131 202 CONSOLIDATED CONTAINER CO LLC Operating Supplies Police 157132 149 CONSTRUCTION MATERIALS INC Improvement Contracts CIP Trails 157133 2,365 CORPORATE EXPRESS Office Supplies General 157134 4,865 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 157135 204 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 157136 153 DAVIS BUSINESS MACHINES INC Equipment Repair&Maint Concessions 157137 39 DAY-TIMER Office Supplies Special Events Administration 157138 11,909 DELL Small Tools Fleet Services 157139 130 DIAMOND MOWERS INC Equipment Parts Fleet Services 157140 71 DISPLAY SALES Supplies-General Bldg Fire Station#2 157141 33,767 DIVERSE BUILDING MAINTENANCE Cleaning Supplies City Hall-CAM 157142 1,955 DNR Clothing&Uniforms Ice Arena 157143 761 EARL F ANDERSEN INC Signs Traffic Signs 157144 933 ECOLAB INC Contract Svcs-Pest Control Public Works/Parks 157145 220 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Community Development Admin. 157146 1,434 EHLERS&ASSOCIATES INC Deposits Escrow 157147 8,686 ELECTRIC PUMP Equipment Parts Sewer Liftstation 157148 43 ELECTRONIC RECOVERY INC Waste Disposal Community Center Maintenance 157149 300 ENGINEERED ICE SYSTEMS Contract Svcs-Ice Rink Ice Arena Maintenance 157150 7,240 ESCHELON TELECOM INC Operating Supplies Telephone 157151 720 FALCK,TIMOTHY R Other Contracted Services Softball 157152 1,636 FARRELL EQUIPMENT&SUPPLY CO Improvement Contracts CIP Trails 157153 261 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police Check# Amount Vendor/Explanation Account Description Business Unit 157154 1,020 FORD,GARY Other Contracted Services Park Maintenance 157155 210 FORSBERG,JEFF Other Contracted Services Softball 157156 680 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 157157 252 GALLS INC Capital Under$2,000 Fleet Services 157158 1,786 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 157159 756 GRAFIX SHOPPE Equipment Repair&Maint Fleet Services 157160 507 GRAINGER Supplies-HVAC Park Shelters 157161 3,924 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 157162 265 GREG LARSON SPORTS Recreation Supplies Touch Football 157163 200 GROUP HEALTH INC-WORKSITE Other Contracted Services Organizational Services 157164 199 GS DIRECT Operating Supplies Engineering 157165 12,299 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage 157166 714 HAWKINS INC Repair&Maint.Supplies Water Treatment Plant 157167 34 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Services 157168 260 HENNEPIN CHIEF'S ASSOCIATION Tuition Reimbursement/School Police 157169 1,100 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 157170 234 HOLMES,TOM Other Contracted Services Volleyball 157171 640 HYDRO-VAC INC Other Contracted Services Sewer System Maintenance 157172 45 ICI DULUX PAINT CTRS Equipment Repair&Maint Traffic Signals 157173 361 IND SCHOOL DIST 272 Building Rental Community Band 157174 266 INSIGHT PUBLIC SECTOR Other Hardware Information Technology 157175 675 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Fleet Services 157176 71 INTOXIMETERS Operating Supplies Police 157177 832 J H LARSON COMPANY Equipment Repair&Maint Street Lighting 157179 5,593 KEEPERS Clothing&Uniforms Police 157180 770 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM 157181 798 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT 157182 57 LAW ENFORCEMENT TARGETS,INC Training Supplies Police 157183 115 LEROY JOB TRUCKING INC Kennel Services Animal Control 157184 2,107 LHB INC Deposits Escrow 157185 928 M W WATERMARK LLC Equipment Parts Water Treatment Plant 157186 288 MASTER SPRINKLER SYSTEMS Other Contracted Services Park Maintenance 157187 637 MENARDS Operating Supplies Police 157188 97 METRO SALES INCORPORATED* Office Supplies Police 157189 62 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 157190 9,258 MIDWEST ASPHALT CORPORATION Improvements to Land Capital Impr./Maint.Fund 157191 417 MINNESOTA ATHLETIC Clothing&Uniforms Fire 157192 58 MINNESOTA CHIEFS OF POLICE ASS Printing Police 157193 51 MINNESOTA GLOVE INC Safety Supplies Fleet Services 157194 1,033 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 157195 5,343 MINNESOTA PIPE AND EQUIPMENT* Machinery&Equipment Water Metering 157196 170 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Assessing 157197 632 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 157198 135 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 157199 186 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Services 157200 149 MTI DISTRIBUTING INC Equipment Parts Fleet Services 157201 198 NATIONAL WATERWORKS/HUGHES SUP Repair&Maint.Supplies Storm Drainage 157202 110 NOKOMIS SHOE SHOP Clothing&Uniforms Street Maintenance 157203 37 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire 157204 212 NUCO2 INC Chemicals Pool Maintenance 157205 291 OLSEN COMPANIES Equipment Parts Fleet Services 157206 80 PAPER DIRECT INC Office Supplies General 157207 312 PENSKE TRUCK LEASING CO LP Other Rentals Elections 157208 1,887 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint Information Technology 157209 26,703 PLEHAL BLACKTOPPING INC Improvements to Land Parks Referendum 157210 9,021 POWERPLAN OIB Equipment Repair&Maint Fleet Services 157211 2,000 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Historical Buildings 157212 256 PRAIRIE LAWN AND GARDEN Small Tools Water Wells 157213 485 PRAIRIE OFFSET PRINTING Fire Prevention Supplies Fire 157214 403 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 157215 85 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 157216 440 PUBLIC SAFETY TRAINING CONSULT Tuition Reimbursement/School Police 157217 450 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 157218 800 RAY,LEE Other Contracted Services Softball 157219 137 REAL GEM Awards City Council Check# Amount Vendor/Explanation Account Description Business Unit 157220 454 REBS MARKETING Other Contracted Services Water Accounting 157221 54 RIDGEVIEW MEDICAL CENTER Office Supplies General 157222 135 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 157223 45 SCHARBER&SONS Equipment Parts Fleet Services 157224 57 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 157225 1,224 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 157226 97,734 SHORT ELLIOTT HENDRICKSON INC Process Control Services Infiltration/Inflow Study 157227 101 SHRED-IT Waste Disposal City Center Operations 157228 425 SIMPLEXGRINNELL LP Contract Svcs-Fire/Life/Safe Community Center Maintenance 157229 48 SNAP-ON TOOLS Small Tools Fleet Services 157230 2,929 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 157231 20,456 SRF CONSULTING GROUP INC Other Contracted Services Guide Plan 157232 391 ST CROIX RECREATION CO INC Repair&Maint.Supplies Miller Park 157233 104 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 157234 511 STERLING FENCE INC Improvement Contracts CIP Trails 157235 415 STOFFEL SEALS CORP Fire Prevention Supplies. Fire 157237 3,592 STREICHERS Capital Under$2,000 Police 157238 72 SUCCESSFUL EVENTS Operating Supplies Community Center Admin. 157239 747 SUN NEWSPAPERS Improvement Contracts Utility Improvement Fund 157240 200 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 157241 30 TAHER INC CATERING Miscellaneous City Manager 157242 1,151 TKE CORP Contract Svcs-Elevator Community Center Maintenance 157243 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 157244 412 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM 157245 182 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 157246 1,361 UNIFORMS UNLIMITED Clothing&Uniforms Police 157247 700 UNITED RENTALS HIGHWAY TECHNOL Other Contracted Services Water System Maintenance 157248 141 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 157249 1,592 VIDEO SERVICE OF AMERICA Video&Photo Supplies Communication Services 157250 93 VOSS LIGHTING Supplies-Electrical Park Shelters 157251 1,277 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 157252 501 WATSON CO INC,THE Merchandise for Resale Concessions 157253 6,254 WORK CONNECTION,THE Other Contracted Services Park Maintenance 157254 232 WUOLLET BAKERY INC Operating Supplies Fire 157255 20 YAHOO! Other Contracted Services Police 157256 21,733 YALE MECHANICAL INC Building Capital Impr./Maint.Fund 1,997,482 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director October 3, 2006 DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.1. Community Development: Comment Letter on proposed Janet Jeremiah/Mike Franzen Environmental Quality Board(EQB) rule amendments Requested Action Move to: Approve the comment letter regarding proposed EQB rule amendments from the City Manager on behalf of the City of Eden Prairie. Synopsis The EQB has proposed several rule amendments to the environmental review process for properties in shoreland areas and seeks public comment. Background Information The Minnesota Environmental Quality Board(EQB) is seeking public comment on proposed amendments to several state rules governing the state's environmental review process. The EQB has identified rule provisions for amendment including new mandatory EAW and EIS categories for land in shoreland areas. Public comment must be received by 4:30 PM on October 16, 2006. Proposed Revisions 1. The new rules will require an environmental review of new residential subdivisions ranging from 10-40 lots in shoreland areas.The current threshold for an environmental review is 250 single family and 375 multi family. The purpose of the rule change is to analyze the environmental impacts in areas next to lakes and streams.This change is proposed by the EQB based on the Department of Natural Resources response to the loss of environment next to lakes and streams. This rule change may impact the City's ability to develop housing in the MCA for land within 1,000 feet of Lake Idlewild. In other areas of the City this rule may not impact development since the sites that remain to develop are small and should not exceed the propose thresholds. 2. The new rules will require an environmental review when a project exceeds 25% impervious coverage in a shoreland area and 15%in a sensitive shoreland area. This may not impact residential areas since impervious coverage is low to begin with. However the MCA, Town Center and office areas along I-494 will be impacted since impervious coverage is typically 70%. The staff would recommend 70%impervious surface coverage be allowed for abutting parcels and up to 100%for non abutting parcels,provide there is adequate stormwater quality plans and that the shore impact zones for abutting lots are not disturbed. 3. The new rules will require environmental review when any project alters more than 50% of the shore impact zone and exceeds a total altered area of 5,000 square feet. This may limit the available areas to construct stormwater treatment ponds Planning Commission Recommendation The Planning Commission reviewed the proposed rule changes and potential City implications at the September 25, 2006 meeting.The Planning Commission recommended approval of the proposed city response as stated in the draft letter from Scott H.Neal, city manager. Attachments • Proposed EQB Rule Changes • Proposed Comment Letter OFFICE OF THE CITY MANAGER I October 4,2006 Gregg Downing Environmental Quality Board 300 Centennial Building 658 Cedar Street St.Paul,MN, 55155 Subject: City Response to Proposed EQB Rule Changes Dear Mr. Downing: Thank you for sending the proposed EQB rule change a opose have been reviewed by City Council,Planning Commission,a City s aff.There ar e areas that may impact continued development and findin tions f storm water p ase consider the following information in the deve op f th osed final r 1. The new rules will require an a .ronmental revie ew residential subdivisions ranging from 10-40 lots in sho reas.This rul 1, ge may impact the City's ability to develop affordable and s 1 close to ces in the City's Town Center plan.It is recommended tha e r onl abutting parcels next to lakes and creeks, o pt for affor nd se ousing. 2. The new rul, requir " environm al review when a project exceeds 25% impervious cov in a reland area a 5%in a sensitive shoreland area.The MCA, Cent e' _ I-494 will be impacted since impervious co. y 7 is recom ended that these areas be allowed 70% pervious su over r a utting parcels and up to 100%for non abutting els,provided , are a ate stormwater quality plans and that the shore im zones for ab ng to are not disturbed. 3. The new will r .uire environmental review when any project alters more than 50%of the s_. ' pact zone and exceeds a total altered area of 5,000 square feet. This may limi a available areas to construct stormwater treatment ponds.It is recommended that stormwater ponds be exempt from this provision. Sincerely, Scott H.Neal, City Manager Minnesota Environmental Quality Board Proposed Revision of Rules Governing the Environmental Review Program — "Phase 2" Preliminary Draft of Possible Amendments August 2006 Prepared to Accompany the Request for Comments, dated August 7, 2006 This document identifies the parts and subparts of the Environmental Review Program rules which the Environmental Quality Board is considering amending, as noticed in the Request for Comments signed by the EQB Chair on August 7,2006 and available at the EQB's website,www.egb.state.mn.us. For each rule provision being considered for amendment,this document summarizes the issue or problem prompting consideration of revision and either presents proposed revised language or, if revised language has not yet been developed,describes the nature of the proposed revision. The possible amendments are presented in the order that the affected rule parts appear in the present rule. The text of the existing rule (chapter 4410) can be found at the website of the Revisor of Statutes, www.revisor.leg.state.mn.us, Rule Number Summary of Problem or Issue Possible Amendment 1. 4410.0200, subp. 81. The 1982 rulemaking record indicates that a The EQB is interested in comments regarding this centralized septic tank system serving the definition,in particular: (1) should centralized Definition of"sewered area" entirety of a project and owned by the septic tank systems sometimes be treated as homeowners collectively was intended to be "sewered areas"; (2) should type of ownership included in this definition,but the present rule make a difference, and if so,how; and(3) is it wording is ambiguous about this. The important for this definition to be consistent with importance of this definition is that in the that used in the DNR shoreland rules? residential project mandatory categories a higher threshold applies to"sewered areas." In the 2006 Phase 1 rulemaking*,the EQB proposed to amend the definition by inserting "or homeowner owned"after"publicly 1 owned." Commenters suggested expanding *Documents from the Phase I rule amendment process the definition to include systems with other may be viewed at the EQB website by selecting types of ownership also. In addition, it was "Amending the Environmental Review program rules— Phase 1"under the section "Completed Projects and pointed out that this definition is different studies." than that used in the DNR shoreland rules. 2. 4410.1100, subp. 2. Clarify that the "material evidence"required Add language stating that the material evidence for for a petition inust physically accompany the the petition must physically accompany the Citizens' petition process;petition petition, and that it is not acceptable to merely petition. content provide a reference to where the alleged evidence may be found. This issue arises primarily due to increased use of the internet to obtain material evidence to file with a petition. In some cases,only URL citations to where the evidence can be located on the internet have included with the petition. As the statute refers to"material evidence accompanying a petition," and because the EQB believes that the burden is upon the petitioners to make a case that an EAW may be required, the EQB believes that the evidence must physically accompany the petition. This should be clarified in the rules. 3. 4410.1100, subp. 2. It has been the EQB's long-standing practice Add language providing that if a petition is found to return all incomplete petitions (those that incomplete by the EQB Chair or designee, the Citizens' petition process; EQB do not comply with the content requirements petition must be returned to the petitioners' handling of incomplete petitions at subpart 2)to the petitioners' representative representative with an explanation of why it is with an explanation of why the petition is incomplete. incomplete. However,the rules do not explicitly provide for this action and it was recently called into question in a particular case. The EQB wishes to add language to the rule to explicitly provide for this practice. 2 4. 4410.1700, subp. 7, item B. In a recent case(Citizens Advocating The EQB is interested in comments about whether Responsible Development vs. Kandiyohi the guidance given by the Supreme Court about EIS need criterion#2: "The County Board of Commissioners and how to take other projects into account should be cumulative potential effects of Duininck Brothers, Inc,filed May 11, 2006), incorporated into the rules or whether some other related or anticipated future the MN Supreme Court found that this criteria ought to be established by rule amendments projects." criterion was not equivalent to applying the (and if so,what those criteria would be?) definition of"cumulative impacts," as given at 4410.0200, subp. 11. The Court provided an interpretation of how to apply the criterion relative to other projects: limit the geographical scope to"projects in the surrounding area that might reasonably be expected to affect the same natural resources" and the temporal scope to"specific projects actually planned or for which a basis of expectation has been laid." In light of this court decision, the rules need to be amended to either incorporate the interpretation given by the Supreme Court or establish different criteria for accounting for the impacts of other projects when detennining if an EIS is needed. 5. 4410.3610, subp. 2. In the Phase 1 rulemaking*,the EQB The EQB proposes two amendments to this proposed to add a requirement for the RGU to subpart: (1) add an explicit statement that the AUAR process;use for review of provide for public notice and comment prior ordering of an AUAR does not constitute a finding individual projects to removing a project from an AUAR review by the RGU that all potential development within in progress. Some commenters objected on the AUAR area has or may have the potential for the grounds that they believed that once an significant environmental effects; and(2)add a AUAR is ordered, all development within the public notice and comment opportunity prior to any AUAR area is obligated to undergo removals of projects from the AUAR review, environmental review, and therefore it is similar to that proposed but withdrawn in Phase 1. sim 1 not pennissible for any project to be 3 removed from the AUAR review. *Documents from the Phase 1 rule amendment process The EQB withdrew the proposed amendment may be viewed at the EQB website by selecting from the Phase 1 rulemaking. The EQB is `Amending the Environmental Review program rules— Phase I"under the section "Completed Projects and now re-proposing the amendment withdrawn Studies." in Phase 1 along with an amendment stating that the ordering of an AUAR does not create a requirement that all developments within the AUAR undergo Environmental Review. 6. 4410.3610, subps. 3 &4. In a 2006 case (MN Center for Environmental Add language in one or both of these subparts AUAR Order&analysis; Advocacy vs. City of St. Paul Park and R. clarifying that analysis of impacts and impact implications of setting the Gordon Nesvig, filed April 4,2006), the MN sources is not intended to be limited to the area AUAR boundary Court of Appeals found that the RGU was not inside the AUAR boundary. required to consider impacts or sources of impacts outside of the designated AUAR boundary. The EQB believes this is illogical and must be corrected. 7. 4410.3610, subp. 5a(new In the Phase 1 rulemaking* the EQB proposed Add a new subpart to the AUAR procedures to subpart). a new"scoping"step at the start of the AUAR establish a public comment process at the start of process that would apply in the case that the an AUAR review if the review will cover a specific AUAR process;additional AUAR was reviewing a specific project that project that either meets an EIS threshold or procedures required when exceeded an EIS threshold or which covered comprises at least 50%of the AUAR area. The certain large specific projects at least 50% of the AUAR area. The new step comment process is intended to allow input into the reviewed. would allow public input into the development scenarios and major issues to be development scenarios covered in the AUAR studied. The procedures would be similar to those to assure that sufficient alternatives to the proposed but later withdrawn in the Phase 1 specific project in question were reviewed. rulemaking. When the Court of Appeals decision cited in item#4 above was released during the *Documents from the Phase I rule amendment process comment period,the EQB decided to may be viewed at the EQB website by selecting withdraw the amendment for further study. `Amending the Environmental Review program rules— Phase I"under the section "Completed Projects and After consideration,the EQB is proposing the Studies." amendment again. 4 8. 4410.4300,new subpart. The diminishing amount of undeveloped Amend the mandatory EAW category list and EIS lakeshore in the state has led to noticeable category list to add new categories for projects in Mandatory EAW Category: changes in the types of lakeshore projects shorelands of lakes and rivers, as recommended in Development within shoreland being proposed and in the nature of the the April 2006 report from the DNR. lakeshores under consideration for development. The increasing pressure of The categories recommended by the DNR are these new developments has led to a shown in Appendix A at the end of the table. recognition that the existing mandatory review categories may not be adequate to ensure the needed review of today's lakeshore development projects. In its February 2005 Request for Comments, the EQB asked for comments and advice about creating new categories specific to shoreland development which would take into account the environmental impacts of modern lakeshore developments. The EQB also asked for volunteers to serve on an advisory committee to assist in developing a proposal. The EQB later asked the DNR to lead development of a proposal working with an advisory committee of persons who had volunteered to serve. In April 2006,the DNR presented a proposal to EQB for mandatory EAW and EIS categories for various types of development in shorelands. 9. 4410.4400,new subpart. See the discussion above,which applies to (See above) proposed EIS as well as EAW categories in Mandatory EIS categories: shorelands. Development within shoreland 5 10. AMENDMENTS FOR The EQB proposes to make the following WHICH LOCATION IN amendments to the Environmental Review RULES NOT YET program rules,but has not yet identified DETERMINED. exactly which rule parts need to be amended to accomplish the intended purposes. a. clarify that the Environmental The EQB has a long-standing interpretation Amend the rules at appropriate locations to clarify Review program does not apply to that quasi-legislative actions are not subject to this interpretation. quasi-legislative governmental this program. This interpretation is backed by actions, such as planning and certain rule provisions, language in past zoning actions. SONARs, and long-standing application of the program. However,the rules could be made more explicit regarding this interpretation. b. clarify when an RGU is In a recent decision, the MN Supreme Court Amend the rules at appropriate location to clearly considering whether a stated the standard to use for considering state that"reasonably expected"is the correct potential environmental mitigation differently at two places in its standard. impact will be adequately opinion, once stating that the mitigation must addressed by possible be"certain"to be applied, and elsewhere that mitigation(such as when it need only be"reasonably expected"to be determining the need for an applied. The EQB believes that the latter EIS),that the standard is standard is the correct one, in view of other whether the mitigation can past court opinions, and wishes to avoid be"reasonably expected"to confusion by clarifying this point in the rules. handle the impact rather than that it is "certain"to handle the impact. c. Clarify that an RGU need only In a recent opinion, the MN Supreme Court Add appropriate language to clarify that only consider"adverse"environmental noted that the current rules do not limit an adverse impacts are reason to order discretionary effects when deciding if RGU's consideration of environmental review. discretionary review is required. impacts to negative or adverse impacts. The Court noted that the EQB had proposed to add the word"adverse"in 1982,but had 6 withdrawn the amendment due to comments received during the hearing. However, after reviewing the rulemaking record from the 1982 rulemaking, the EQB staff does not find the explanation for deleting"adverse"in 1982 to be compelling—the commenter and the EQB staff focused on whether the project as a whole had adverse or beneficial impacts,not upon whether specific environmental impacts were adverse or beneficial. The EQB believes that despite its past action on this matter,the rule ought to direct the RGU to consider only adverse impacts as a reason to order an EIS. If a project has no negative environmental impacts, how would preparing an EIS be of environmental benefit? Further, as a matter of practice, only adverse impacts have been the basis for requiring review in all cases known to the EQB. APPENDIX A Proposed Mandatory EAW & EIS Categories for Projects in Shorelands (and Definitions of Terms Used) This appendix presents the proposed new mandatory EAW and EIS categories for projects in shoreland in two ways. First, draft language as would be used for the new categories and definitions in amended rules is presented. Then, at the end of the appendix, the same proposed thresholds are presented in a table format. 4410.4300. MANDATORY EAW CATEGORIES. Add the following provisions to Minn.Rules,part 4410.4300: Subp.38. Residential Subdivisions in Shorelands. An EAW is required for all new residential subdivisions within shorelands if the total number of lots created equals or exceeds a threshold of this subpart. The local government unit shall be the RGU. A. Total number of riparian lots within a conventional subdivision: (1) Twenty(20)or more lots within communities with a DNR approved shoreland management ordinance; 7 (2) Sixteen(16)or more lots within communities without a DNR approved shoreland management ordinance; (3) Ten(10)or more lots within sensitive shoreland areas for communities with a DNR approved shoreland management ordinance; (4) Eight(8)or more lots within sensitive shoreland areas for communities without a DNR approved shoreland management ordinance. B. Total number of shoreland lots within a conventional subdivision: (1) Forty(40)or more lots within communities with a DNR approved shoreland management ordinance; (2) Thirty-two(32)or more lots within communities without a DNR approved shoreland management ordinance; (3) Twenty(20)or more lots within sensitive shoreland areas for communities with a DNR approved shoreland management ordinance; (4) Sixteen(16)or more lots within sensitive shoreland areas for communities without a DNR approved shoreland management ordinance. C. Total number of shoreland lots within a conservation subdivision where common open space is less than fifty(50)percent of the parcel or where density exceeds Minn.Rules,part 6120 single,unsewered,residential density by more than fifteen(15)percent and the conservation subdivision contains: (1) Fifty(50)or more lots within communities with a DNR approved shoreland management ordinance; (2) Forty(40)or more lots within communities without a DNR approved shoreland management ordinance; (3) Twenty-five(25)or more lots within sensitive shoreland areas for communities with a DNR approved shoreland management ordinance; (4) Twenty(20)or more lots within sensitive shoreland areas for communities without a DNR approved shoreland management ordinance. D. Total number of shoreland lots within a conservation subdivision where the local ordinance is consistent with ALT6120 et.seq.standards or where cornmon open space is equal to or greater than fifty(50)percent of the parcel and where density does not exceed Minn.Rules,part 6120 single,unsewered,residential density by more than fifteen(15)percent and the conservation subdivision contains: (1) Eighty(80)or more lots within communities with a DNR approved shoreland management ordinance; (2) Sixty-four(64)or more lots within communities without a DNR approved shoreland management ordinance; (3) Forty(40)or more lots within sensitive shoreland areas for communities with a DNR approved shoreland management ordinance; (4) Thirty-two(32)or more lots within sensitive shoreland areas for communities without a DNR approved shoreland management ordinance. E. Any new riparian access lot created for nonriparian lots or land owners for communities without a DNR approved shoreland management ordinance or within a sensitive shoreland area. Subp.39. Planned Unit Developments in Shorelands. An EAW is required for all new planned unit developments within shorelands if the total number of units or sites created equals or exceeds a threshold of this subpart. The local government unit shall be the RGU. A. Any planned unit development where the unit/site density exceeds Minn.Rules,part 6120 single,unsewered,residential density by more than fifteen(15) percent or impervious surface coverage exceeds.fifteen(15)percent,and the planned unit development contains: (1) Twenty(20)or more units/sites within communities with a DNR approved shoreland management ordinance; (2) Sixteen(16)or more units/sites within communities without a DNR approved shoreland management ordinance; (3) Any proposed planned unit development,regardless of the number of units/sites,within sensitive shoreland areas. B. Any planned unit development where the unit/site density does not exceed Minn.Rules,part 6120 single,unsewered,residential density by more than fifteen (15)percent and impervious coverage is less than or equal to fifteen(15)percent,and the planned unit development contains: (1) Eighty(80)or more units/sites within communities with a DNR approved shoreland management ordinance; (2) Sixty-four(64)or more units/sites within communities without a DNR approved shoreland management ordinance; (3) Twenty(20)or more units/sites within sensitive shoreland areas for communities with a DNR approved shoreland management ordinance; (4) Sixteen(16)or more units/sites within sensitive shoreland areas for communities without a DNR approved shoreland management ordinance. 8 C. Any planned unit development where the applicable local standards are consistent with ALT6120,et.seq.,and the planned unit development contains: (1) One hundred(100)or more units/sites within communities with a DNR approved shoreland management ordinance; (2) Eighty(80)or more units/sites within communities without a DNR approved shoreland management ordinance; (3) Fifty(50)or more units/sites within sensitive shoreland areas for communities with a DNR approved shoreland management ordinance; (4) Forty(40)or more units/sites within sensitive shoreland areas for communities without a DNR approved shoreland management ordinance. Subp.40. Resorts in Shorelands. An EAW is required for all new resorts,and all conversions or expansions of existing resorts within shorelands if the total number of units or sites created equals or exceeds a threshold of this subpart. The local government unit shall be the RGU. A. Construction of a new resort where the applicable local standards are not consistent with ALT6120,et.seq.,regardless of the number of units/sites; B. Construction of a new resort within sensitive shoreland areas,where the applicable local standards are consistent with ALT6120,et.seq.,regardless of the number of units/sites; C. Conversion of an existing resort to a planned unit or residential development where the applicable local standards are not consistent with ALT6120,et.seq., regardless of the number of units/sites; D. Expansion of an existing resort where new units and/or mobile home sites are added to the facility: (1) Twenty(20)or more units/sites within communities with a DNR approved shoreland management ordinance; (2) Sixteen(16)or more units/sites within communities without a DNR approved shoreland management ordinance; (3) Ten(10)or more units/sites within sensitive shoreland areas for communities with a DNR approved shoreland management ordinance; (4) Eight(8)or more units/sites within sensitive shoreland areas for communities without a DNR approved shoreland management ordinance. E. Expansion of an existing resort where new campsites and/or RV parking sites are added to the facility: (1) Thirty(30)or more sites within communities with a DNR approved shoreland management ordinance; (2) Twenty-four(24)or more sites within communities without a DNR approved shoreland management ordinance; (3) Twenty(20)or more sites within sensitive shoreland areas for communities with a DNR approved shoreland management ordinance; (4) Sixteen(16)or more sites within sensitive shoreland areas for communities without a DNR approved shoreland management ordinance. Subp.41. Alteration of Shorelands. An EAW is required for any other project that results in the alteration of shorelands that equals or exceeds a threshold of this subpart. The local government unit shall be the RGU. A. Any project that alters more than fifty(50)percent of the shore impact zone and exceeds a total altered area of five thousand(5,000)square feet; B. Any project that exceeds twenty-five(25)percent impervious surface coverage; C. Any project that exceeds fifteen(15)percent impervious surface coverage within sensitive shoreland areas; D. Any project that alters a contiguous length of the shore impact zone or secondary shoreline buffer zone greater than or equal to: (1) One thousand,three hundred and twenty(1,320)feet within shoreland areas; (2) Eight hundred(800)feet within sensitive shoreland areas. E. Any project that results in the permanent conversion or replacement of natural vegetation within an area greater than or equal to: 9 (1) Forty(40)acres within shoreland areas; (2) Twenty(20)acres within sensitive shoreland areas. 4410.4400 MANDATORY EIS CATEGORIES. Add the following provisions to Minn.Rules,part 4410.4400: Subp.26. Residential Subdivisions in Shorelands. An EIS is required for all new residential subdivisions within shorelands if the total number of lots created equals or exceeds a threshold of this subpart. The local government unit shall be the RGU. A. Total number of riparian lots within a conventional subdivision: (1) Forty(40)or more lots within non-sensitive shoreland areas; (2) Twenty(20)or more lots within sensitive shoreland areas. B. Total number of shoreland lots within a conventional subdivision: (1) Eighty(80)or more lots within non-sensitive shoreland areas; (2) Forty(40)or more lots within sensitive shoreland areas. C. Total number of shoreland lots within a conservation subdivision where common open space is less than fifty(50)percent of the parcel or where density exceeds Minn.Rules,part 6120 single,unsewered,residential density by more than fifteen(15)percent and the conservation subdivision contains: (1) One hundred(100)or more lots within non-sensitive shoreland areas; (2) Fifty(50)or more lots within sensitive shoreland areas. D. Total number of shoreland lots within a conservation subdivision where the local ordinance is consistent with ALT6120 et.seq.standards or where common open space is equal to or greater than fifty(50)percent of the parcel and where density does not exceed Minn.Rules,part 6120 single,unsewered,residential density by more than fifteen(15)percent and the conservation subdivision contains: (1) One hundred and sixty(160)or more lots within non-sensitive shoreland areas; (2) Eighty(80)or more lots within sensitive shoreland areas. E. Any new riparian access lot created within sensitive shoreland areas that serves ten(10)or more watercraft or ten(10)or more nonriparian lots. Subp.27. Planned Unit Developments in Shorelands. An EIS is required for all new planned unit developments within shorelands if the total number of units or sites created equals or exceeds a threshold of this subpart. The local govermment unit shall be the RGU. A. Any planned unit development where the unit/site density exceeds Minn.Rules,part 6120 single,unsewered,residential density by more than fifteen(15) percent or impervious surface coverage exceeds fifteen(15)percent,and the planned unit development contains: (1) Forty(40)or more units/sites within non-sensitive shoreland areas; (2) Twenty(20)or more units/sites within sensitive shoreland areas. B. Any planned unit development where the unit/site density does not exceed Minn.Rules,part 6120 single,unsewered,residential density by more than fifteen (15)percent and impervious coverage is less than or equal to fifteen(15)percent,and the planned unit development contains: (1) One hundred and sixty(160)or more units/sites within non-sensitive shoreland areas; (2) Forty(40)or more units/sites within sensitive shoreland areas. C. Any planned unit development where the applicable local standards are consistent with ALT6120,et.seq.,and the planned unit development contains: 10 (1) Two hundred(200)or more units/sites within non-sensitive shoreland areas; (2) One hundred(100)or more units/sites within sensitive shoreland areas. Subp.28. Resorts in Shorelands. An EIS is required for all new resorts,and all conversions or expansions of existing resorts within shorelands if the total number of units or sites created equals or exceeds a threshold of this subpart. The local government unit shall be the RGU. A. Construction of a new resort within shoreland areas: (1) Forty(40)or more units/sites within non-sensitive shoreland areas; (2) Twenty(20)or more units/sites within sensitive shoreland areas. B. Expansion of an existing resort where new units and/or mobile home sites are added to the facility: (1) Forty(40)or more units/sites within non-sensitive shoreland areas; (2) Twenty(20)or more units/sites within sensitive shoreland areas. C. Expansion of an existing resort where new campsites and/or RV parking sites are added to the facility: (1) Fifty(50)or more sites within non-sensitive shoreland areas; (2) Thirty(30)or more sites within sensitive shoreland areas. D. Conversion of an existing resort to a planned unit or residential development where the applicable local standards are not consistent with ALT6120,et.seq.: (1) Forty(40)or more units/sites within non-sensitive shoreland areas; (2) Twenty(20)or more units/sites within sensitive shoreland areas. Subp.29. Alteration of Shorelands. An EIS is required for any project that results in the alteration of shorelands that equals or exceeds a threshold of this subpart. The local government unit shall be the RGU. A. Within non-sensitive shoreland areas,any project that results in the permanent conversion or replacement of natural vegetation within an area greater than or equal to eighty(80)acres; B. Within sensitive shoreland areas,any project that results in the permanent conversion or replacement of natural vegetation within an area greater than or equal to forty(40)acres. The following DEFINITIONS AND ABBREVIATIONS are used in the proposed mandatory categories: Add the following definitions to Minn.Rules,part 4410.0200: Subp.??. Access lot. "Access lot"means a parcel of land that provides access to public waters. Subp.??. ALT6120,et.seq. "ALT6120,et.seq."means Minnesota's Alternative Shoreland Management Standards Version 1 December 12 2005 Minnesota Department of Natural Resources,St.Paul,Minnesota. These are voluntary,alternative standards corresponding to elements in the Statewide Standards for Management of Shoreland Areas,Minn.Rules,parts 6120.2500 through 6120.3900. Subp.??. Common open space. "Common open space"means a portion of a development site that is pennanently set aside for public or private use,is held in common ownership by all individual owners within a development,and will not be developed. Common open space shall include wetlands,upland recreational areas,wildlife areas, 11 historic sites,and areas unsuitable for development in their natural state. Common open space is not the space between buildings of a cluster in a conservation subdivision and planned unit development,and it does not include an area of 25 feet around each structure or any impervious surface. Subp.??. Conservation subdivision. "Conservation subdivision"means a method of subdivision characterized by common open space and clustered compact lots,with the purpose of creating greater community value through open space amenities for homeowners and protection of natural resources,while allowing for the residential densities consistent with prevailing densities. Site designs incorporate standards of low impact development,such as the use of some single-load roadways and narrower rights-of-way, looped road-ways versus cul-de-sacs,maximum road setbacks for structures,and preservation of trees,shoreline,unique resources,and scenic vistas,and these developments use stormwater designs that emphasize on-site retention and infiltration through the preservation of native vegetation within the shore impact zone, use of pervious surfaces,rain gardens,and swales. Subp.??. Conventional subdivision. "Conventional subdivision"means a pattern of subdivision development that permits the division of land in the standard form where lots are spread evenly throughout a parcel with little regard for natural features or common open space as compared to a conservation subdivision where lots are clustered and common open space is provided. Subp.??. Resort. "Resort"means a commercial establishment,that includes buildings,campgrounds,lodges,structures,dwelling units/sites,enclosures or any part thereof kept, used,maintained or advertised as,or held out to the public to be a place where sleeping accommodations are furnished to the public and primarily to those seeking recreation,for periods of one day,one week,or longer,and having for rent three(3)or more cabins,rooms,campsites,or enclosures. These establishments must be primarily service-oriented for transient lodging of guests. All cabins,rooms,dwelling units/sites,or enclosures must be included in the resort rental business. Resorts allow no residential use of a dwelling unit/site for more than thirty(30)days within a calendar year,except dwellings used as residences for the service providers or dwelling units/sites for renters. In order to qualify as a resort pursuant to this definition,a resort shall also be fully licensed and permitted under appropriate state and local regulations. The entire parcel of land must be controlled and managed by the licensee. Subp.??. Secondary shoreline buffer zone. "Secondary shoreline buffer zone"means the land located between the shore impact zone and the structure setback. Subp.??. Sensitive shoreland. "Sensitive shoreland"means any government designated sensitive or vulnerable shoreline or shoreland. Sensitive shorelands shall include the following areas: • Shorelands of natural environment classified lakes and bays pursuant to Mimi.Rules,part 6120.3000,Subp. 1 a.; • Shorelands of special protection classified lakes or districts(or equivalent districts)pursuant to Minn.Rules,part 6120.3200,Subp.3.; • Shorelands of designated trout lakes and streams pursuant to Minn.Rules,part 6264.0050; • Shorelands of designated wildlife lakes pursuant to Minn.Statutes,section 97A.001,subd.2; • Shorelands of designated migratory waterfowl feeding and resting lakes pursuant to Minn.Statutes,section 97A.095,subd.2; • Shorelands of state or federally designated wild and scenic rivers pursuant to Mimi.Statutes,sections 10317.305 through 10317.351; • Shorelands of waterbodies on PCA Special Waters list for stormwater construction permits pursuant to Minn.Rules,part 7001,Appendix A.; • Shorelands of outstanding resource value waters pursuant to Minn.Rules,part 7050.0180. Subp.??. Shore impact zone. "Shore impact zone"means land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty(50)percent of the structure setback,but not less than fifty(50)feet. This area serves as the primary shoreline buffer. 12 Sensitive Area Non-Sensitive Area Without .with shoreland EAW Threshold Cate or -,Without shoreland ' .� With shoreland ordinan a shoreland. ordinance S ordinance' "'ordinance 1. Subdivision Zs z10 Riparian lots in a conventional subdivision 2t16 2:20 2:16 Z20 Total shoreland lots in a conventional subdivision 2-32 z40 Lots for a conservation subdivision where common open space z20 Z25 <50%of parcel or where density exceeds M.R. 6120 single, Z40 2:50 unsewered,residential density by more than 15% Lots for a conservation subdivision where the local ordinance 2:32 Zoo is consistent with ALT6120 standards or where common open space>50%of parcel and where density does not exceed M.R. Z6a Zso 6120 sin gle,unsewered,residential density by more than 15% Yes Yes Any new lake access lot for nonriparians Yes No 2. New Planned Unit Development (PUD) Units/sites for a proposed PUD where the density exceeds Any size Any size M.R.6120 single,unsewered,residential density by more than 2:16 220 15%or impervious surface coverage exceeds 15% Units/sites for a proposed PUD where the density does not Z16 Z20 exceed M.R.6120 single,unsewered,residential density by Z64 Zso more than 15%and impervious coverage<15% Zoo Z50 Units/sites for a PUD where local ordinance is consistent with ALT6120 Zso Zloo 3. Resort Yes Yes Construction of any new resort where local ordinance is not Yes Yes consistent with ALT6120 Yes Yes Construction of a new resort where local ordinance is No No consistent with ALT6120 Zs Z10 Units added in a resort expansion 2:16 z20 Z16 Z20 Sites added in a resort expansion Z24 ZtM Conversion to planned unit or residential development where Yes Yes local ordinance is not consistent with ALT6120 Yes Yes 13 4. Shoreland Alteration (otherprojects) Contiguous length of shore impact zone or secondary shoreline 2800 feet 2800 feet buffer zone that an other project alters Z1320 feet 21320 feet Any other land alteration project that alters>50%of the shore Yes Yes impact zone and is larger than 5000 square feet Yes Yes Yes Yes Any other project that exceeds 15%impervious surface No No coverage Yes Yes Any other project that exceeds 25%impervious surface Yes Yes coverage Area of_naturally vegetated land that any project permanently z20 acres 220 acres z40 acres' 240 acres converts Sensitive Area No EIS l hreiShold Categorn-Sensitive Area 1. Subdivision Riparian lots in a conventional subdivision z20 z40 Total Shoreland lots in a conventional subdivision 240 z80 Lots for a conservation subdivision where common open space<50%of parcel or where density exceeds M.R.6120 single,unsewered,residential density by more than 15% Z50 Z10o Lots for a conservation subdivision where the local ordinance is consistent with ALT6120 standards or where common open space>50%of parcel and density does not 2!80 2160 exceed M.R.6120 single,unsewered,residential density by more than 15% Any new lake access that serves 10 of more boats or nonriparian lots Yes No 2. Planned Unit Development (PUD) Units/sites for a proposed PUD where density exceeds density exceeds M.R.6120 single, unsewered,residential density by more than 15%or impervious surface coverage z20 z40 exceeds 15% Units/sites for a proposed PUD where density does not exceed M.R.6120 single, Z40 2160 unsewered,residential density by more than 15%and impervious coverage< 15% Units/sites where local ordinance is consistent with ALT6120 z100 z200 14 3. Resort Units/sites in a new resort to be constructed Z20 Zoo Units added in a resort expansion Z20 Zoo Sites added in a resort expansion Z30 Z50 Units/sites converted to planned unit or residential development where local ordinance is not consistent with ALT6120 Zzo Zao 4. Shoreland Alteration Area of naturally vegetated land that any project permanently converts T----;40 acres Zao acres 15