The URL can be used to link to this page

Home My WebLink AboutCity Council - 10/17/2006 AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, OCTOBER 17, 2006 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development 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. TRAILS UPDATE II. RTA TRAILS AND SIGNAGE PROJECT UPDATE City Center Parking Lot III. CALL NEW FIRE VEHICLES INTO SERVICE IV. ADJOURNMENT AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, OCTOBER 17,2006 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Commissioners Brad Aho, Sherry Butcher,Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal,Parks&Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Deb Sweeny I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 5,2006 M. RESOLUTION CALLING FOR A PUBLIC HEARING DECEM 3ER 19,2006,TO CONSIDER ESTABLISHING A NEW TAX INCREMENT REDEVELOPMENT DISTRICT FOR SOLOMON'S TOWN CENTER PHASE I PROJECT IV. ADJOURNMENT HRA ITEM NO.: II. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 5,2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Commissioners Brad Aho, Sherry Butcher,Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal,Parks&Recreation Director Bob Lambert,Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Deb Sweeney I. ROLL CALL/CALL THE HRA MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:03 p.m. II. APPROVE MINUTES OF HRA MEETING HELD ON AUGUST 1,2006 MOTION: Case moved, seconded by Aho,to approve the minutes of the HRA meeting held on August 1,2006 as published. Motion carried 5-0. III. APPROVE PROPOSED 2007 HRA PROPERTY TAX LEVY AND ACCEPT PROPOSED 2007 BUDGET (BRA Resolution No. 2006-02) Neal explained the action is to set Eden Prairie's HRA levy in 2007. The legal maximum (based on taxable market value) is up to$1.3 million. Tonight's action would set the 2007 maximum HRA levy at$200,000,the same as last year. The HRA could still be lowered at the Truth in Taxation hearing but could not exceed$200,000. Funds are used to support planning and economic development. MOTION: Butcher moved, seconded by Young,to adopt Resolution No.2006-02 to approve the proposed 2007 HRA property tax levy to be $200,000 and accept the proposed 2007 HRA budget of$200,000. Motion carried 5-0. Tyra-Lukens recessed the HRA Meeting at 7:07 p.m. IV. PUBLIC HEARING ON ESTABLISHMENT OF TIF REDEVLOPMENT DISTRICT—SUPERIOR OFFICE CENTER PROJECT (FORMER PHYSICAL ELECTRONICS)(HRA Resolution No.2006-03) Tyra-Lukens reconvened the HRA Meeting at 7:10 p.m. BRA MINUTES September 5, 2006 Page 2 The HRA Public Hearing was held concurrently with the City Council Public Hearing. A summary of the discussion is included in the City Council Minutes for September 5, 2006. MOTION: Aho moved, seconded by Case,to close the HRA public hearing and adopt Resolution No. 2006-03 establishing Redevelopment Project Area No. 6 and adopting a project plan therefore, and establishing Tax Increment Financing District No. 20 therein and adopting a Tax Increment Financing Plan therefore; and approving a Development Agreement relating thereto. Motion carried 5-0. IV. ADJOURNMENT BRA MOTION: Butcher moved, seconded by Case, to adjourn the HRA. Motion carried 5-0. The meeting adjourned at 7:23 p.m. HRA AGENDA DATE: October 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: III. Community Development: Resolution Calling for Public Hearing to Janet Jeremiah/David Lindahl consider establishing a Tax Increment Financing(TIF) Redevelopment District for Solomon's Town Center Phase I Project Requested Action: Move to: ■ Adopt Resolution calling for a public hearing December 19, 2006,to consider establishing a new Tax Increment Financing Redevelopment District. Synopsis: The purpose of establishing a Redevelopment District is to help defray costs associated with the redevelopment of the several existing buildings located on TH212 and Eden Road across from the Eden Prairie Center for a new 136,000 square foot office and commercial mixed-use project. A resolution requesting the City Council to call for a public hearing to consider establishing a new TIF district must be passed by the HRA before an actual hearing is held. Background: The Solomon Group, an Eden Prairie development company, is attempting to assemble and redevelop three properties totaling 4.19 acres located at 11995 Flying Cloud Dr.(NTI School), 8140 Flying Cloud Dr. (Hanson Office Bldg), and 8110 Eden Rd. (Fisher Office Bldg). Their plan is to redevelop the properties into a 136,000 square foot mixed-use office and retail center that includes a significant amount of structured parking. The project includes a 4-story Class A office building, 1 story of retail and a '/s story mezzanine/atrium with two restaurant anchors. The project is being designed to fit into the City's town center master plan with vertical integration and a structured parking ramp that can be expanded later if the Wal-Mart site redevelops. Solomon is requesting$4.4 million in TIF to offset various redevelopment costs as well as to help reduce the cost for structured parking.The City applied for a$2 million grant through the Metro Council Livable Communities Demonstration Grant program but was informed about two weeks ago that we missed the final cut. Inspections of the existing buildings were completed by LHB Architects and Engineers were found to be structurally substandard and therefore qualify as a Redevelopment District. Details of the TIF plan will be presented to the City Council and HRA at the hearing on December 19, 2006. Attachments: Resolution TIF Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A.RESOLUTION NO. 2006- RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE CALL FOR A PUBLIC HEARING ON A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 AND THE ESTABLISHMENT OF THE TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT THEREIN,AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED, by the Board of Commissioners (the "Board") of the Eden Prairie Housing and Redevelopment Authority(the "HRA")as follows: WHEREAS, the HRA established Redevelopment Project Area No. 5 pursuant to Minnesota Statutes, Sections 469.001 through 469.047, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City of Eden Prairie;and WHEREAS,the HRA is proposing a Modification to the Redevelopment Plan for Redevelopment Project Area No.5 and the establishment of the Town Center Phase One Tax Increment Financing District therein and the adoption of a Tax Increment Financing Plan therefor, all pursuant to, and in accordance with,Minnesota Statutes,Sections 469.174 through 469.1799 and Sections 469.001 to 469.047,inclusive,as amended; NOW,THEREFORE BE IT RESOLVED by the Board as follows: 1. The HRA hereby requests that the City Council call for a public hearing to be held on December 19, 2006,to consider the proposed adoption of a Modification to the Redevelopment Plan for Redevelopment Project Area No.5(the "Redevelopment Plan Modification")and the proposed adoption of the Tax Increment Financing Plan(the "TIF Plan") for the Town Center Phase One Tax Increment Financing District,a redevelopment district, (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the"Plans")and cause notice of said public hearing to be given as required by law. 2. The HRA directs the Executive Director to transmit copies of the Plans to the Planning Commission of the City of Eden Prairie and requests the Planning Commission's written opinion indicating whether the proposed Plans are in accordance with the Comprehensive Plan of the City Eden Prairie,prior to the date of the public hearing. 3. The Executive Director of the HRA is hereby directed to submit a copy of the Plans to the City Council for its approval. 4. The HRA directs the Executive Director to transmit the Plans to the county and the school district(s) in which the Town Center Phase One Tax Increment Financing District is located not later than November 17, 2006. 5. Staff and consultants are authorized and directed to take all steps necessary to prepare the Plans and related documents and to undertake other actions necessary to bring the Plans before the City Council. Adopted by the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota,this 17th day of October,2006. Nancy Tyra-Lukens,Chairperson ATTEST: SEAL ?a , k —= =ar�"tht `��2a,".�� ' �a'aye" V'-"4'.��'e�°��5 '%� �" �,g+'�'�''�k' �• � t _s Ska ram. i ' yf�^ ga�i s� • . .a4' .r fn�if + «a ram- � i F„'�iz£ya� ! a+H."'.%��.'.. a ��•c� �N I 'rro•x��.,n 3„�sCFtz '''z� Mal n... i �^._ ��"» its �� o��,+dt6��,get�y .+a'.� �f�' :• m.-�. '� . AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 17,2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeny I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. TOASTMASTERS' PROCLAMATION B. BIKE-TO-WORK PRESENTATION 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. SUPERIOR OFFICE CENTER by United Properties. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from I-2 to Office on 10.36 acres, Resolution for Site Plan Review on 10.36 acres. Location: 6509 Flying Cloud Drive (Ordinance for PUD District Review and Zoning District Change; Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF SUPERIOR OFFICE CENTER D. MCDONALD'S RESTAURANT by McDonald's Corporation. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 1.07 acres, Resolution for Site Plan Review on 1.07 acres. Location: 598 Prairie Center Drive. (Ordinance for PUD District Review with waivers,Resolution for Site Plan Review) CITY COUNCIL AGENDA October 17, 2006 Page 2 E. PRAIRIE ESTATES 2ND ADDITION by Prairie Estates of Eden Prairie, LLC. Second 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, Location: Duck Lake Road and 62°d Street West. (Ordinance for PUD District Review with waivers and Zoning District Change) F. BLUFF COUNTRY VILLAGE 2002 by Trek Development. Resolution granting extension to the development agreement for Bluff Country Village 2002 project and site plan approval. (Resolution for Extension to Development Agreement). G. APPROVE CHANGE ORDER NO. 2 FOR COLUMBINE ROAD PROJECT, I.C. 52-130 H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH S.E.H. INC.FOR DESIGN PHASE SERVICES FOR RECONSTRUCTION OF VALLEY VIEW ROAD, FROM FLYING CLOUD DRIVE TO GOLDEN TRIANGLE DRIVE,I.C. 02-5586 I. ADOPT RESOLUTION CALLING FOR PUBLIC HEARING DECEMBER 19,2006, TO CONSIDER ESTABLISHING A NEW TAX INCREMENT FINANCING REDEVELOPMENT DISTRICT FOR SOLOMON'S TOWN CENTER PHASE I PROJECT J. ADOPT RESOLUTION DECLARING "ABANDONED PROPERTY" VIII. PUBLIC HEARINGS/MEETINGS A. HEARING FOR APPROVAL OF 2006 SPECIAL ASSESSMENTS (Resolution) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS REQUESTS AND COMMUNICATIONS A. COMMUNITY CENTER DONATIONS FROM C.H. ROBINSON AND SUPERVALU XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL AGENDA October 17, 2006 Page 3 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Golf Course Ordinance D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Proposed Employee Discounts for Companies Donating to the Community Center Improvement Proiect and/or Third Rink Proiect E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.:IV.A. City of Eden Prairie Hennepin County, Minnesota WHEREAS,the vision of the Toastmasters International organization is to empower people to achieve their full potential and realize their dreams;and WHEREAS,Toastmasters International is the world's leading organization devoted to communication, public speaking and leadership skills, and has over 211,000 members in 90 countries; and WHEREAS, Since the Toastmasters organization began in 1924, more than four million men and women have benefited from its communication and leadership programs;and WHEREAS,Members of Toastmasters benefit from improved communication skills, constructive evaluations,better meeting facilitation skills, leadership skills, and increased self- confidence as an added dividend; and WHEREAS,the mission of a Toastmasters club is to provide a mutually supportive and positive learning environment in which every member has the opportunity to develop communication and leadership skills,which in turn foster self-confidence and personal growth; and NOW,THEREFORE,be it resolved that the City of Eden Prairie proclaims the month of October 2006 to be Toastmasters Month in the City of Eden Prairie. We call upon all citizens to join us in celebrating the 82nd anniversary of Toastmasters International. Nancy Tyra-Lukens,Mayor City of Eden Prairie ITEM NO.: VI.A. UNAPPROVED MINUTES 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,Deputy Police Chief Rob Reynolds,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,Larry Leebens, and Mary Bollinger I. JOINT MEETING WITH THE EDEN PRAIRIE SCHOOL BOARD Myron Orfield, Executive Director of the Institute on Race and Poverty at the University of Minnesota, gave a presentation entitled Education and Demographics. Orfield focused on how segregation in schools affects the entire community. Orfield said minorities face housing discrimination in the Twin Cities and across the country,which in turn results in school segregation. Orfield said data shows that minority students who attend segregated schools are less successful. Orfield said one measure of success is completion of school. He said students who complete high school go on to pursue higher education and get better paying jobs with benefits. Orfield reviewed maps showing the distribution of minority students in Eden Prairie's elementary schools, and praised the City and School Board for having schools that are more evenly integrated that those in Minneapolis and many other suburbs. He said Eden Prairie's relatively well integrated schools are a result of the City's commitment to developing affordable housing as the community grew. He encouraged the City and Schools to continue to support this policy. H. OPEN FORUM John Mallo,Forest Hill Road, addressed the CityCouncil about the possible renaming of p g the Purgatory Creek Recreation Area. He said he and Jeff Strate have developed a couple of suggestions, including Peace Lake Memorial and Peace Memorial Preserve. III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,OCTOBER 3,2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. REPORT ON THE CITY RESPONSE TO THE SENIOR ISSUES TASK FORCE RECOMMENDATIONS Staff Mary Keating introduced members of the Senior Task Force and presented the Task Force's recommendations as well as City Staff responses. Key areas of concern for seniors include housing,transportation, and centralized information on services. Seniors want to be able to"age in place"and remain in Eden Prairie if they wish, living as independently as possible. It is important for them to be able to access both basic needs(groceries, pharmacy) and medical services without having to drive. Seniors also want assurance of the City's commitment to support services and to recreational opportunities. Keating outlined City responses to these concerns. For housing,the Town Center concept outlined in the MCA plan,with residences above retail, good sidewalks and lighting, and a walkable neighborhood should prove very attractive to seniors. Eden Prairie also participates in the Met Council's livable communities initiative, which provides funding to help make 15-20%of housing affordable. In the area of senior transportation,the City does have a committee, formed several years ago when PROP stopped providing volunteer drivers for medical CITY COUNCIL MINUTES October 3,2006 Page 2 appointments. Working with Community Action Partnership of Suburban Hennepin County(CAPSH),the City recently sent a survey to over 2000 seniors to examine the scope of seniors' transportation needs. Those results (over 1200 seniors responded) should define the problem and point toward solutions that could perhaps be joint efforts with other cities. The task force also recommended encouraging development near transportation hubs,promoting the inclusion of transportation services in senior housing developments (as is done by Summit Place and others currently), including medical providers in the solution, and forming public/private/volunteer collaboratives to meet transportation needs. To centralize information and referrals, Staff are collecting information on various services and eligibility requirements at the Senior Center. A brochure is also being developed and the content put online. City department heads indicated ongoing support for services valued by seniors, including Meals on Wheels, Senior Outreach, and the home chore service(all on a sliding fee basis),plus continuation of safety workshops with the police department and recreational services at the Senior Center and elsewhere. Housing and Human Services staff will also try to get a hard number of the number of immigrants in Eden Prairie, data the Task Force thought was important for planning. The Task Force asks the report be used to inform ongoing planning. Tyra-Lukens thanked the Task Force for their recommendations. She asked if other communities have workable models for transportation,particularly volunteer services. Keating said volunteer services are limited. Some offer volunteer drivers where riders pay a fee,but the service is subsidized by the city. Some don't cross city borders.Tyra-Lukens asked if Metro Mobility were an issue. Keating said funding has been cut and seniors must now have a doctor's note stating they cannot use public transportation to be eligible. Tyra-Lukens asked if the report would inform the guide plan, and Neal said yes. Case praised the report and noted the City has been proactive in planning for seniors' needs since the first report in 1996, and this should continue. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added a wine permit item and noted minor wording changes to the Woodland 3`d Addition item on the consent calendar. He added an item requesting a letter to Report of the Parks and Recreation Director. MOTION: 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 19,2006 CITY COUNCIL MINUTES October 3,2006 Page 3 MOTION: Aho moved, seconded by Young,to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 19,2006 MOTION: Young moved, seconded by Case,to approve the City Council minutes as published. Motion carried 5-0. VH. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO.2006-118 APPROVING FINAL PLAT OF WOODLAND 3rd ADDITION C. ADOPT RESOLUTION NO.2006-119 APPROVING FINAL PLAT OF BROOKVIEW RIDGE D. APPROVE LICENSE AGREEMENT WITH T-MOBILE FOR SENIOR CENTER TELECOMMUNICATIONS INSTALLATION E. ADOPT RESOLUTION NO. 2006-120 AUTHORIZING EXECUTION OF THE 2006 CDBG SUBRECIPIENT AGREEMENTS F. ADOPT RESOLUTION NO. 2006-121 AWARDING CONTRACT FOR LONE OAK CENTER TRAFFIC SIGNAL TO BEC INC.,I.C. 06-5675 G. APPROVE PROPOSAL FOR WENCK ASSOCIATES TO COMPLETE PHASE H OF THE NONDEGRADATION ANALYSIS H. APPROVE PROPOSAL FOR PREPARATION OF A DISCRETIONARY ENVIRONEMENTAL ASSESSMENT WORKSHEET FOR OAK CREEK AT HENNEPIN VILLAGE ROADWAY ALTERNATIVES ANALYSIS I. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE, AND COMMUNITY ACTION PARTNERSHIP FOR SUBURBAN HENNEPIN COUNTY(CAPSH)FOR THE EMERGENCY VEHICLE REPAIR PROGRAM J. ADOPT RESOLUTION NO.2006-122 APPROVING APPOINTMENT OF ELECTION/STUDENT JUDGES FOR THE GENERAL ELECTION K. AMEND DEVELOPMENT AGREEMENT FOR WOODLAND 2ND ADDITION TO BE ENTITLED `DEVELOPMENT AGREEMENT— CITY COUNCIL MINUTES October 3,2006 Page 4 WOODLAND 3'ADDITION"AND AMEND THE LEGAL DESCRIPTION TO"LOT 1,BLOCK 1, WOODLAND 3an ADDITION" Case asked for clarification on Item H, which seemed to suggest only existing data would be reviewed to determine the hydraulic impact of various bridge designs on the creek and Miller Spring. Dietz said the wording is misstated. New data will also be collected to inform the analysis. MOTION: Butcher moved, seconded by Aho,to approve Items A-K on the Consent Calendar. Motion carried 5-0. VHI. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS MOTION: Aho 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 XH. REPORTS OF ADVISORY BOARDS& COMMISSIONS XHI. 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 EOB Amendments Jeremiah said the Minnesota Environmental Quality Board(EQB)has proposed several rule amendments to the environmental review process for properties in shoreland areas and seeks public comment. These changes would make rules more consistent and protect water quality. Both the Planning Commission and City environmental staff approve the changes. CITY COUNCIL MINUTES October 3,2006 Page 5 MOTION: Aho moved, seconded by Young,to approve the comment letter regarding proposed EQB rule amendments from the City Manager on behalf of the City of Eden Prairie. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Letter and Tree Planting Honoring Dick Brown Lambert reported the Parks Commission had voted unanimously to request that the mayor send a letter to Doris Brown,wife of the.late Dick Brown, expressing gratitude for his service to the City, and to have a tree planted in his honor. Browns spent man ears as a dedicated defender f p y y o trees during development so this gesture would be appropriate. Tyra-Lukens said she would write the letter and praised Brown's enthusiasm and many contributions. MOTION: Case moved, seconded by Young,to direct Staff to plant a tree within the City park system in honor of Dick Brown. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 7:30 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Christy Weigel, Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. Gambling Organization: Eden Prairie Lions Club Event: Schooner Days Place: Round Lake Park Date: June 1-3, 2007 Temporary Liquor Organization: Church of Pax Christi Event: Volunteer Appreciation Event Date:February 20, 2007 Place: Pax Christi Social Hall - 1 - CITY COUNCIL AGENDA DATE: October 17, 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Development/Planning Superior Office Center Janet Jeremiah Michael Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change; and • Approve the Resolution for Site Plan Review • Approve the Development Agreement for Superior Office Center; and • Approve and Authorize Issuance of a Grading Permit for Superior Office Center, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated September, 2006, as approved by the City Council. Synopsis This item is approval of the Development Agreement for the construction of a 93,000 square foot office building. The 120-Day Review Period Expires on October 20, 2006. Attachments • Ordinance for PUD District Review • Summary Ordinance • Resolution for Site Plan Review • Development Agreement SUPERIOR OFFICE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO.24-2006-PUD-16-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE NIINNESOTA REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the I-2 Zoning District and be placed in the Office Zoning District 24-2006-PUD-16-2006 (hereinafter "PUD-16-2006-OFC"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 17, 2006, entered into between Superior Eden Prairie Investments LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-16-2006-OFC, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PLD-16-2006-OFC is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-16-2006-OFC is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-1 6-2006-OFC are justified by the design of the development described therein. D. PUD-16-2006-OFC is of sufficient size, composition, and arrangement that its construction,marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the 1-2 Zoning District, and placed in the Office Zoning District and shall be included hereafter in the Planned Unit Development PUD-16-2006-OFC and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of September, 2006, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17th day of October, 2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A Existing Legal Description: Outlot A, Aqua Addition, Hennepin County, Minnesota To Be Platted: Lot 1 Block 1 Superior Office Center, Hennepin County, Minnesota SUPERIOR OFFICE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO. 24-2006-PUD-16-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,NIINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of land located at 6509 Flying Cloud Drive from the I-2 Zoning District to the Office Zoning District on 10.36 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) SUPERIOR OFFICE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SUPERIOR OFFICE CENTER BY UNITED PROPERTIES WHEREAS,United Properties,has applied for Site Plan approval of Superior Office Center to construct a 93,000 square foot office building, by an Ordinance approved by the City Council on September 5, 2006; and WHEREAS,the Planning Commission reviewed said application at a public hearing at its July 24, 2006 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its September 5, 2006 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Superior Office Center based on the Development Agreement between Superior Eden Prairie Investment LLC and the City of Eden Prairie,reviewed and approved by the City Council on October 17,2006. ADOPTED by the City Council of the City of Eden Prairie this 17th day of October, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT SUPERIOR OFFICE CENTER THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of October 17, 2006, by Superior Eden Prairie Investment LLC„ a Minnesota limited liability company , hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Industrial to Office on 10.36 acres, Planned Unit Development Concept Review on 10.36 acres, Planned Unit Development District Review on 10.36 acres, Zoning District Change from I-2 to Office on 10.36 acres,Site Plan Review on 10.36 acres,and Preliminary Plat of 10.36 acres into 1 lot and 1 outlot, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Comprehensive Guide Plan Change, Resolution No. Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from I-2 to Office,Resolution No. for Site Plan Review,and Resolution No. for Preliminary Plat,Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated September 5, 2006, reviewed and approved by the City Council on September 5 2006 hereinafter the "Plans" and identified on Exhibit B subject to such P , ( ) � J changes and modifications as provided herein. 2. CROSS ACCESS AND MAINTENANCE AGREEMENT: Developer acknowledges that cross access and maintenance agreement between United Properties Investment LLC, a Minnesota limited liability company and Warm Water Pools of Eden Prairie,LLC,a limited liability company,dated November 18,2005 has been filed as Document No.9708243 with the Hennepin County Recorder's Office/Registrar of Titles'Office. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans may require revision based on review by the City Engineer of the final construction documents which include a construction grading and drainage plan. Prior to the release of a land alteration permit for the Property,Developer shall submit and obtain the City Engineer's written approval of the construction grading and drainage Plan for the Property. The construction grading and drainage plan shall include all wetland, wetland buffer strips,wetland buffer monument locations, water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond,Developer shall certify to the City that the water quality pond and infiltration basins conform to the final grading plan. Developer shall employ the design professional who prepared the construction grading plan.The design professional shall monitor construction for conformance to the approved construction grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved construction grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release ofthe grading bond,Developer shall complete implementation ofthe approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Upon request by the City, Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 330 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation ofthe approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction ofthe mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses,then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 11. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind,size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code,Section 11.70, Subdivision 5a. 12. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 30 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 13. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall implement the Travel Demand Management Plan dated May 31,2006 and revised June 19, 2006, attached as Exhibit D at the site to help reduce traffic congestion.. Prior to issuance of the building permit for the Property, Developer shall furnish to the Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond,cash escrow,letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100%of the cost of implementing the first two (2)years of the TDM Plan ($24,050.00). The Developer shall initiate implementation of the TDM Plan,including active marketing to its employees and all building tenants and their employees 1 month after the Property has achieved a 50%occupancy rate for the total rentable square footage of the Property. In order to enable the City to determine when the Property has achieved the above occupancy rate,the Developer shall provide to the City upon request a Rent Roll certified by the Property manager identifying the current tenants, the number of rentable square feet leased by each tenant; and the total number of rentable square feet in the Property. The bond, cash escrow,letter of credit or other guarantee will be reduced to the Developer on a"draw-down"basis, in the following manner: A. The City will consider reduction or release of the performance bond,cash escrow,letter of credit or other guarantee at the following times: - Upon completion of items associated with plan start up. - After 1 calendar year of TDM plan implementation - After 2 calendar years of TDM plan implementation and completion of the plan evaluation. B. To request a reduction or release of the performance bond,cash escrow,letter of credit or other guarantee the Developer shall submit to the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities completed to date. A summary of the required information can be obtained from the Traffic Engineer upon request. C. The City shall have 30 business days to review requests for reduction or release of the performance bond,cash escrow,letter of credit or other guarantee and provide indication of approval or objection to any part of the request. If the Developer fails to implement the TDM plan in accordance with its terms,the City may draw upon the Security in whole or in part to pay the cost of implementation. 14. TREE REPLACEMENT: Tree replacement required are 94 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 94 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of an grading permit for the Property,Develo er shall furnish to the i Y�' g PC Developer n' Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. SUPERIOR EDEN PRAIRIE CITY OF EDEN PRAIRIE INVESTMENT LLC By By Its Nancy Tyra-Lukens Its Mayor By By_ Its Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006,by ,the ,of Superior Eden Prairie Investment LLC,a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—Superior Office Legal Description before Final Plat Outlot A,AQUA ADDITION,Hennepin County,Minnesota. Legal Description after Final Plat Lot 1,Block 1, Superior Office Center,Hennepin County,Minnesota EXHIBIT B DEVELOPMENT AGREEMENT SUPERIOR OFFICE CENTER Title Sheet, dated June 2, 2006, revised August 30, 2006,by Pope Associates Inc Proposed Architectural Site Plan, dated June 2, 2006,revised August 30, 2006, by Pope Associates Inc Proposed Floor Plan., dated June 2, 2006, revised August 30, 2006,by Pope Associates Inc Proposed Exterior Elevations, dated June 2, 2006,revised August 30,2006, by Pope Associates Inc Survey, dated May 11,2006,revised June 22, 2006,by Harry S. Johnson Co. Inc Preliminary Plat,Harry S.Johnson Co. Inc Grading Plan, dated June 1, 2006,August 30, 2006,by Metro Land Surveyors Utility Plan, dated June 1,2006,August 30, 2006, by Metro Land Surveyors Detail Sheet, dated June 1,2006,August 30, 2006, by Metro Land Surveyors Landscape Plan, dated June 23,2006,August 30, 2006,by Gene Ernst Lighting Plan,Ace Electrical, dated May 31, 2006 EXHIBIT C DEVELOPMENT AGREEMENT—SUPERIOR OFFICE CENTER I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. V. The Developer hereby irrevocably nominates, constitutes,and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VI. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn. Stat.,Sec. 115B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,ofthe City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIII. Prior to building permit issuance,except as otherwise authorized in this Agreement or in the approved Plans, existing structures,walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XIV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" =200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XV. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVI. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XVIII. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XIX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security,the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XX. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:VII.C. Randy L. Slick Final Plat Approval of Superior Office Public Works/Engineering Center Requested Action Move to: Adopt the resolution approving the final plat of Superior Office Center. Syn opsis opsis This proposal is for the plat located at 6509 Flying Cloud Drive. The plat consists of 10.36 acres to be platted into one lot for the construction of a one-story, 93,000 sq. foot office building. This is a replat of Outlot A,Aqua Addition. Background Information The preliminary plat was approved by the City Council on September 5, 2006. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on October 17, 2006. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,305.36. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways certified by surveyor. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING FINAL PLAT OF SUPERIOR OFFICE CENTER WHEREAS, the plat of Superior Office Center 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 Superior Office Center is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 17,2006. 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 17,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk i SUPERIOR OFFICE CENTER C.R. 7 N0. I 4r�xNFx BY MEY paFYlrR aW UNIN pmpwh•In+mlmml LLG a Nhmwb•,nN hblNy c4npma,« I •ww •beminp eer pmp•mY Wwxe N u•pwm1Y N xmn•pn.pleb sr 4Mmv14 b-Nx ' \ L\I L_1 1 \I LI D A T;0 N Vl I au•I A APIA App,px wxn�Wm1 p%Iw m sm�[ pRM[ceH1FA eN N hrN1 Vwwu mn peewvu w u• rr pv4x ow nx..w u• w . vp.pan xa wunV xm••me.v be awm lel wry m Man w u:pN. puNx tA.r I•m or map,♦ __.N 0 .02'W 14 x.xn.w Nww,w NwN pnww,h n..nmwl uc,•ubnn•b�4.wx mm�lr women 142.46 .___ _ b s•Npn•a W Ir wew.rn.,ux aw N__—_Zo__ F x°e m"m°mn.N.wnl. N 2'39'28r W 882.82 - aP ___ A •cxm:_ I p ___—______ ,a, \ amirni,rvar \\, \` `�R„ �\\ l leawnp wl,..�w_.r.woes a w��lw"•ian:�uc.—ru�:pi:limnN wNii°,w pmbYr d,eeai a.w le wmpmF It \ .,I 1 r•wnrY Ihl I pe..wm.rw wx Nem o�®�^ : awl +nsN m u qvl r ar[ml urlri c[xr[q uN m: \\ � �` Nei:v ewwl reweanlelnn pIbIM vm Y wr IIY uolmo Ih Ylvl F leel wq bwu•due N 1 � ew,WPvr laiipbevw b b•xnipn•IN aeW WLv N..1 wia CeM!4inn wl be 3.cIbnpwS.W.S46 1 n I \ I \\ BLOCK yah p�`�gWn�•�Iilbb.w atw�eeCq•0 hlw•m•m•_may pl __�10�OY Memp•L \ I `ru' \, I P w rmmmx4w npbw `,_ �'` � M:N•I yr wpua arse GFxIE[.e.wp..�w..eea,N h u•pIY cork.a N.wr.r[.a..an..xinwal. ' _ !J I N�N w c•nmiwxxw.r awawlNi�ors u.�nn I•pbpmwnw,em.b.w.aw.a.r 4.alr p, ` =.-N+.�.No 4.rn[.,n.n.-�, ��' I IwaNb�b4.°�.&m[w oi.'L w."N':;:""°`•r.,kA 1.w5�waa.welr..w.•a4N., \ I ` i I � ` •, y I v � nh CPML0.p[Me nrY A mM p[A•4.YN[[piA \ - N.Iw •x car 4we.w t----------- - --- s 2.40'2er a 710.e3 I -"' I nuAren saNa[xpm,rl•uL xwnm4 awp Nww.b wxry 4m�la w pswu•u �M N p4er lem•hn hw pen M lem Vw4•N a•Ae pbL � �C} i a Ax.nw.xwmaN cmmly A.N,w F-----hwly r \ I sorer nvmnr,xwnqu cwNp YNawb \ I aN,v�n 1 b Ira nai.eN.�wem(n[[A bin 4a lim b.w mwnp ub---__ mJ p.&am xwmmin cwnq Lmpr FF '� o [ irao/x xcwanlrr wlm Ilnl P•E MM[rY•.La t.M)) netWrmEn Hwn•pn CmnYF Ybnnvb • p[wm pau•ml NpNmdr bwry prury ID Jn;MN.r a�wa OnIS ttlrr[n w nN n In4 snk.un—My a 60 70 O UO xxp.N x.—t c.w,r[wwaw •F-- p.wlr a—4x[a u)nVY A AWA M MT w:v'�ra[i:�LO ro NA.s A xAp•n HARRY S. JOHNSON LAND SURVEYORS I CITY COUNCIL AGENDA DATE: October 17,2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.D. Community Development/Planning McDonald's Restaurant Janet Jeremiah Michael Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers; and • Approve the Resolution for Site Plan Review • Approve the Development Agreement for McDonald's; and • Approve and Authorize Issuance of a Grading Permit for [project name], subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated September 5,2006, as approved by the City Council. Synopsis This is an approval of a Development Agreement to permit a revised exterior to the building and new signs. The 120-Day Review Period Expires on October 20, 2006. Attachments • Ordinance for PUD District Review • Summary Ordinance • Resolution for Site Plan Review • Development Agreement MCDONALD'S CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.25-2006-PUD-17-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District 25-2006-PUD-17-2006 (hereinafter"PUD-17- 2006-C-REG-SERV). Section 3. The City Council hereby makes the following findings: A. PUD-17-2006-C-REG-SERV is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-17-2006-C-REG-SERV is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-1 7-2006-C-REG-SERV are justified by the design of the development described therein. D. PUD-17-2006-C-REG-SERV is of sufficient size, composition, and arrangement that its construction,marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 17,2006, entered into between McDonald's Corporation,and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-17-2006-C-REG-SERV, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development 17-2006-C-REG-SERV, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5t'day of September, 2006, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17t'day of October,2006. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description — Lot 1 Block 1 Eden Prairie Center 7"'Addition McDONALD'S CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.25-2006-PUD-17-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 598 Prairie Center Drive within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on , 2006. (A full copy of the text of this Ordinance is available from City Clerk.) MCDONALD'S RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR MCDONALD'S RESTAURANT BY MCDONALD'S CORPORATION WHEREAS, McDonald's Corporation,has applied for Site Plan approval of McDonald's Restaurant to revise exterior of the building and new signs, by an Ordinance approved by the City Council on September 5, 2006;and WHEREAS,the Planning Commission reviewed said application at a public hearing at its August 14,2006 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its September 5, 2006 meeting. NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to McDonald's Restaurant based on the Development Agreement between McDonald's Corporation and the City of Eden Prairie,reviewed and approved by the City Council on October 17,2006. ADOPTED by the City Council of the City of Eden Prairie this 17t'day of October, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Clerk DEVELOPMENT AGREEMENT Mc DONALD'S CORPORATION THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of October 17, 2006,by McDonalds Corporation,a Delaware corporation,hereinafter referred to as"Developer," its successors and assigns,and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to,Planned Unit Development Concept Review on 1.07 acres, Planned Unit Development District Review and Zoning District Amendment in the Commercial Regional Service District on 1.07 acres, and Site Plan Review on 1.07 acres, legally described on Exhibit A (the"Property"); NOW, THEREFORE,in consideration of the Resolution No. Planned Unit Development Concept Review,Ordinance No. for Planned Unit Development District Review and Zoning District Change Amendment in the Commercial Regional Service District,and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer's development of the Property shall be in conformance with the materials revised and stamp dated September 5,2006,reviewed and approved by the City Council on September 5,2006,(hereinafter the"Plans")and identified on Exhibit B,subject to such changes and modifications as provided herein. Prior to the issuance of any building permit for the Property,Developer shall submit to the City Engineer proof that the cross access and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. 2. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land or construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 3. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs(including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release,defend and indemnify because of any inspection, review or approval by City. 4. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 5. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters,electrical conduit,water meters,and standard heating,ventilating,and air- provided for landscaping on the Property, in accordance with City Code requirements. permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 6. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code,Section 11.70,Subdivision 5a. 7. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 30 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 8. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number) ■ Allowable sign area from 100 square feet to 238 square feet on the south elevation. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By_ Its Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006,by , the of McDonald's Corporation, a Delaware Corporation on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—McDONALD'S CORPORATION Legal Description Lot 1, Block 1, Eden Prairie Center 70'Addition EXHIBIT B DEVELOPMENT AGREEMENT—MCDONALD'S CORPORATION Architectural plans, dated September 5, 2006,by Wilkus Architects EXHIBIT C DEVELOPMENT AGREEMENT—MCDONALD'S CORPORATION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets;and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. V. Intentionally omitted. VI. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement,to dedicate or convey to the City the Dedicated Property"), P �' tY " ( Developer represents and warrants as follows now and at the time of dedication or conveyance: Under this agreement no portion of the Property is proposed to be dedicated with this agreement. A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn. Stat.,Sec. 115B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City,its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,ofthe City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Intentionally omitted. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of City to performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke an approvals anted b the conferred in this agreement y pp gr y e City. No remedy s is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIII. Prior to building permit issuance,except as otherwise authorized in this Agreement or in the approved Plans, existing structures, walls and septic systems(if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XIV. Prior to building permit issuance,provide two copies of an approved survey or site plan(I = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XV. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVI. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XVIII. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles.The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XIX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten(10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. Without waiving the right granted to the City under this paragraph,the City acknowledges that no Security is required under this agreement. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms ofthis Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s)and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XX. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. CITY COUNCIL AGENDA DATE: October 17, 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILE. Community Development/Planning prairie Estates 2nd Addition Janet Jeremiah Scott Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Change; and • Approve the Development Agreement for Prairie Estates 2nd Addition; and • Approve and Authorize Issuance of a Grading Permit for Prairie Estates 2nd Addition, subject to release by the City Engineer upon determination that the fmal contract documents conform to plans stamp dated September 11, 2006, as approved by the City Council. Synopsis This is a four lot single-family development. The 120-Day Review Period expires on November 9,2006. Attachments • Ordinance for PUD District Review • Summary Ordinance • Development Agreement PRAIRIE ESTATES 2ND ADDITION CITY OF EDEN PRAI RIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 26-2006-PUD-18-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 Zoning District 26-2006-PUD-18-2006 (hereinafter "PUD-18-2006-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 17,2006, entered into between Prairie Estates of Eden Prairie,LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-18-2006-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-18-2006-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-18-2006-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-18-2006-R1-13.5 are justified by the design of the development described therein. D. PUD-18-2006-R1-13.5 is of sufficient size composition, and arrangement that its P construction,marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-18-2006-R1-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19t'day of September, 2006, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 171'day of October, 2006. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on ,2006. EXHIBIT A DEVELOPMENT AGREEMENT — Prairie Estates 2nd Addition Legal Description: That part of the Northeast Quarter of the Northwest Quarter, Section 5, Township 116, Range 22, described as follows: Commencing at the intersection of the north line of said Northeast Quarter of the Northwest Quarter and the northerly extension of the west line of Country Road, as dedicated in the plat of Country Glen; thence on an assumed bearing of South 0 degrees 26 minutes 47 seconds East,along said northerly extension,a distance of 34.13 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302; thence continue South 0 degrees 26 minutes 47 seconds East,along said northerly extension and said west line,a distance of 789.84 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302; thence North 89 degrees 25 minutes 39 seconds West, along the north line of Claycross Way, as dedicated in said plat, a distance of 203.11 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302;thence continue North 89 degrees 25 minutes 39 seconds West, a distance of 97.10 feet to the hereinafter described Point A; thence North 0 degrees 35 minutes 02 seconds Wes alon g g a line which if extended north would intersect the north line of said Northeast Quarter of the Northwest Quarter at a point distant 282.46 feet East from the northwest corner of said Northeast Quarter of the Northwest Quarter, a distance of 321.47 feet to the point of beginning; thence continue North 0 degrees 35 minutes 02 seconds West, a distance of 187.54 feet to the south line of the North 300 feet of said Northeast Quarter of the Northwest Quarter;thence South 87 degrees 45 minutes 22 seconds West,along said south line,a distance of 110.70 feet to the east line of the west 171.00 feet of said Northeasterly Quarter of the Northwest Quarter; thence North 0 degrees 43 minutes 02 seconds West along said east line a distance of 300.11 feet to the north line of said Northeast Quarter of the Northwest Quarter;thence South 87 degrees 45 minutes 22 seconds West along said north line a distance of 171.06 feet to the northwest comer of said Northeast Quarter of the Northwest Quarter; thence South 0 degrees 43 minutes 02 seconds East along the west line of said Northeast Quarter of the Northwest Quarter a distance of 463.30;thence South 87 degrees 17 minutes 29 seconds East,a distance of 281.73 feet to the point of beginning. Point A is described as follows:Commencing at a point on the west line of said Northeast Quarter of the Northwest Quarter distance 789.2 feet north from the southwest corner of said Northeast Quarter of the Northwest Quarter; thence East,parallel with the south line of said Northeast Quarter of the Northwest Quarter,a distance of 280.55 feet to said Point A. PRAIRIE ESTATES 2'D ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.26-2006-PUD-18-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows rezoning of land located at the southeast corner of Duck Lake Road and 62nd Street West from the Rural Zoning District to the R1-13.5 Zoning District on 2.33 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT Prairie Estates 2nd Addition THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of October 17,2006,by Prairie Estates of Eden Prairie, LLC, a limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 2.33 acres, Planned Unit Development District Review with waivers on 2.33 acres, Zoning District Change from Rural to R1-13.5 Zoning District on 2.33 acres, and Preliminary Plat of 2.33 acres into four lots and road right-of-way, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No.2006-117 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5 on 2.33 acres,and Resolution No.2006-118 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 September 11, 2006, reviewed and approved by the City Council on September 19, 2006, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs(including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release,defend and indemnify because of any inspection,review or approval by City. 5. CONNECTION FEES: Prior to release of a final plat for any portion of the Property, Developer shall pay connection fees for sanitary sewer and water main in the amount of $45,180.00. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland,wetland buffer strips, wetland buffer monument locations,water quality ponds,stormwater detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. WATER QUALITY INFILTRATION / RAINWATER GARDEN CONSTRUCTION: Water quality infiltration areas(Rainwater Gardens)shall be maintained by the Developer during construction and for a minimum of two(2)full growing seasons after completion of the development to ensure that soil compaction, erosion,vegetation loss and channelization of flow are not occurring,and thereafter by the Owner of the Property.A Planting Plan for the Rainwater Garden(s)must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Rainwater Garden for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm water Manual dated November 2005, the approved final grading plan and the requirements listed herein. All Rainwater Gardens shall be delineated with erosion control fencing prior to construction. The Rainwater Garden shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for water quality infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Rainwater Garden. All Rainwater Garden areas shall be kept free of debris, litter, invasive plants and sediment which shall be removed by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Rainwater Garden. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants,re-mulching of void areas,replanting or reseeding areas where dead or diseased plants were removed and hand removal of sediment build-up. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Eugene R.La Boda and Madeline K.La Boda 8. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waiver as part of PUD A. A front yard structure setback from 30 feet to 14 feet for the existing house along Duck Lake Road, located on proposed Lot 1,Block 1,Prairie Estates 2nd Addition. 9. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 10. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit D,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 1.03 acres in the amount of$6,163.65. 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 Prairie Estates of Eden Prairie,LLC By By Thomas H.Parker Nancy Tyra-Lukens Its President Its Mayor By Scott H.Neal Its City Manager STATE OF NIINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006,by Thomas H. Parker, the president, of Prairie Estates of Eden Prairie, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—PRAIRIE ESTATES 2ND ADDITION Legal Description Before Final Plat That part of the Northeast Quarter of the Northwest Quarter, Section 5, Township 116,Range 22, described as follows: Commencing at the intersection of the north line of said Northeast Quarter of the Northwest Quarter and the northerly extension of the west line of Country Road, as dedicated in the plat of Country Glen; thence on an assumed bearing of South 0 degrees 26 minutes 47 seconds East, along said northerly extension,a distance of 34.13 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302;thence continue South 0 degrees 26 minutes 47 seconds East,along said northerly extension and said west line, a distance of 789.84 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302;thence North 89 degrees 25 minutes 39 seconds West,along the north line of Claycross Way,as dedicated in said plat,a distance of 203.11 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302;thence continue North 89 degrees 25 minutes 39 seconds West, a distance of 97.10 feet to the hereinafter described Point A;thence North 0 degrees 35 minutes 02 seconds West,along a line which if extended north would intersect the north line of said Northeast Quarter of the Northwest Quarter at a point distant 282.46 feet East from the northwest corner of said Northeast Quarter of the Northwest Quarter,a distance of 321.47 feet to the point of beginning;thence continue North 0 degrees 35 minutes 02 seconds West, a distance of 187.54 feet to the south line of the North 300 feet of said Northeast Quarter of the Northwest Quarter;thence South 87 degrees 45 minutes 22 seconds West, along said south line, a distance of 110.70 feet to the east line of the west 171.00 feet of said Northeasterly Quarter of the Northwest Quarter; thence North 0 degrees 43 minutes 02 seconds West along said east line a distance of 300.11 feet to the north line of said Northeast Quarter of the Northwest Quarter;thence South 87 degrees 45 minutes 22 seconds West along said north line a distance of 171.06 feet to the northwest corner of said Northeast Quarter of the Northwest Quarter; thence South 0 degrees 43 minutes 02 seconds East along the west line of said Northeast Quarter of the Northwest Quarter a distance of 463.30;thence South 87 degrees 17 minutes 29 seconds East,a distance of 281.73 feet to the point of beginning. Point A is described as follows:Commencing at a point on the west line of said Northeast Quarter of the Northwest Quarter distance 789.2 feet north from the southwest corner of said Northeast Quarter of the Northwest Quarter;thence East,parallel with the south line of said Northeast Quarter of the Northwest Quarter, a distance of 280.55 feet to said Point A. Legal Description After Final Plat Lots 1-4, Block 1,Prairie Estates 2nd Addition, Hennepin County,NIN. EXHIBIT B DEVELOPMENT AGREEMENT—PRAIRIE ESTATES 2'ADDITION PLANS LIST OF MATERIALS 1. Preliminary Plat dated 09-08-06 by Hansen Thorp Pellinen Olson Inc. 2. Preliminary Grading,Drainage and Erosion Control Plan dated 09-08-06 by Hansen Thorp Pellinen Olson Inc. EXHIBIT C DEVELOPMENT AGREEMENT-PRAIRIE ESTATES 2"ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1"=100' scale) showing existing and proposed contours,proposed streets, and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main, and storm sewer, 100-year flood plain contours, ponding areas,tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks,trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four(24) months of the date hereof,Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes,and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: Eugene R.La Boda and Madeline K.La Boda With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement,to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of,placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance,hazardous waste,pollutant, or contaminant, including,but not limited to,those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 11513.01, et. seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of,placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs,damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of,placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three(3) years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may,at its option, institute and prosecute an action to specifically enforce such covenant,withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Time Warner Cable, a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,Minneapolis,Minnesota 55411. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including;Building permit fee,plan check fee, State surcharge,metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems(if present)shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" =200 scale) showing proposed building location and all proposed streets,with approved street names, lot arrangements and properly lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading"Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation,to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the"Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s)within ten(10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five(5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date,the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security,the proceeds shall be used to cure the default(s)and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT-PRAIRIE ESTATES 2'ADDITION AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2006,between the City of Eden Prairie, a municipal corporation, (the "City")and Prairie Estates of Eden Prairie,LLC, a Minnesota limited liability company(the"Owner"). A. The Owner holds legal and equitable title to property described as Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the"Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the"Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: l. The Owner consents to the levying of assessments against the Property in the amount of $6,163.65 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount ofthe assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. OWNER CITY OF EDEN PRAIRIE Prairie Estates of Eden Prairie,LLC A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Thomas H.Parker,President Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Nancy Tyra-Lukens,the Mayor,and Scott H.Neal,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Thomas H. Parker, the president of Prairie Estates of Eden Prairie, LLC, a Minnesota limited liability company,on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 i OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PRAIRIE ESTATES OF EDEN PRAIRIE, LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of October 17, 2006, by and between Eugene R. La Boda and Madeline K. La Boda, husband and wife, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For,and in consideration of,and to induce City to adopt Resolution No.2006-117 for Planned Unit Development Concept Review,Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5, and Resolution No. 2006-118 for Preliminary Plat,as more fully described in that certain Development Agreement entered into as of October 17,2006,by and between Prairie Estates of Eden Prairie,LLC,a Minnesota limited liability company, and City("Development Agreement"), Owner agrees with City as follows: 1. If Prairie Estates of Eden Prairie,LLC, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No.2006-117 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5 and Resolution No. 2006-118 for Preliminary Plat, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner,their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE By Eugene R. La Boda Nancy Tyra-Lukens Its Mayor By Madeline K.La Boda Scott H.Neal, Its City Manager STATE OF NIINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006,by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Eugene R. La Boda and Madeline K.La Boda, husband and wife. Notary Public EXHIBIT A OWNERS SUPPLEMENT - PRAIRIE ESTATES 2ND ADDITION Legal Description Before Final Plat That part of the Northeast Quarter of the Northwest Quarter, Section 5,Township 116,Range 22, described as follows: Commencing at the intersection of the north line of said Northeast Quarter of the Northwest Quarter and the northerly extension of the west line of Country Road, as dedicated in the plat of Country Glen; thence on an assumed bearing of South 0 degrees 26 minutes 47 seconds East, along said northerly extension,a distance of 34.13 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302;thence continue South 0 degrees 26 minutes 47 seconds East,along said northerly extension and said west line, a distance of 789.84 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302;thence North 89 degrees 25 minutes 39 seconds West,along the north line of Claycross Way,as dedicated in said plat,a distance of 203.11 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 16302;thence continue North 89 degrees 25 minutes 39 seconds West,a distance of 97.10 feet to the hereinafter described Point A;thence North 0 degrees 35 minutes 02 seconds West,along a line which if extended north would intersect the north line of said Northeast Quarter of the Northwest Quarter at a point distant 282.46 feet East from the northwest corner of said Northeast Quarter of the Northwest Quarter,a distance of 321.47 feet to the point of beginning;thence continue North 0 degrees 35 minutes 02 seconds West, a distance of 187.54 feet to the south line of the North 300 feet of said Northeast Quarter of the Northwest Quarter;thence South 87 degrees 45 minutes 22 seconds West, along said south line, a distance of 110.70 feet to the east line of the west 171.00 feet of said Northeasterly Quarter of the Northwest Quarter; thence North 0 degrees 43 minutes 02 seconds West along said east line a distance of 300.11 feet to the north line of said Northeast Quarter of the Northwest Quarter;thence South 87 degrees 45 minutes 22 seconds West along said north line a distance of 171.06 feet to the northwest corner of said Northeast Quarter of the Northwest Quarter; thence South 0 degrees 43 minutes 02 seconds East along the west line of said Northeast Quarter of the Northwest Quarter a distance of 463.30;thence South 87 degrees 17 minutes 29 seconds East,a distance of 281.73 feet to the point of beginning. Point A is described as follows:Commencing at a point on the west line of said Northeast Quarter of the Northwest Quarter distance 789.2 feet north from the southwest corner of said Northeast Quarter of the Northwest Quarter;thence East,parallel with the south line of said Northeast Quarter of the Northwest Quarter, a distance of 280.55 feet to said Point A. Legal Description After Final Plat Lots 1-4,Block 1,Prairie Estates 2nd Addition, Hennepin County, MN. CITY COUNCIL AGENDA DATE: October 17, 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILF. Community Bluff Country Village 2002 Development/Planning Janet Jeremiah Requested Action Move to: • Adopt the Resolution granting extension to the developer's agreement for Bluff Country Village 2002 project and site plan approval by Trek Development Synopsis Trek Development is requesting a one year extension of the development agreement.. Background Trek Development received City Council approval for Bluff Country Village 2002 for 94 apartment units, 37,000 square feet of commercial, a 10,000 square foot office building, and a 10,000 square foot daycare located at Hennepin Town Road and Pioneer Trail on October 15, 2002. A condition of the development agreement states that if the developer does not proceed with the project within twenty-four(24)months of the date of agreement, the developer would not oppose City's reconsideration and rescission of any rezoning, site plan approval and/or guide plan change approval,thus restoring the status of the property before the project was approved. On October 5, 2004 the City granted Trek Development a one year extension to October 15, 2005. - On October 5, 2005 the City granted Trek Development a one year extension to October 5, 2006. Staff recommends granting the extension. Attachments • Letter from Trek Development dated October 4, 2006 • Resolution for Extension to the Developers Agreement d ¢ .., XL y d b October 4,2006 Michael Franzen City of Eden Prairie Community Development RE: Request for a second :12-month extension for Bluff Country Village 2002 Amendment, On September 19, 2005, 1 requested a 12-mouth extension for the approvals granted by the City of Eden Prairie on October 15,2002, to Trek Development Corporation for Fluff Country Village 2002 Amendment. (See attached). I would like to request an additional 24-month extension for the project. The property owner, 1-lustad Investment Corporation(".I-IIC), is currently negotiating the sale of a portion of the site with a buyer.The extension will allow the buyer to progress with the approval process in a systematic,timely and orderly planner. , HIC:has engaged Trek Development Inc. to proceed with the sale and development application for approval to be submitted to the City October 6,2006. Thank you in advance For your time and consideration in this matter. Please contact me Fit 952-914-9610 with any questions or concerns. Beth S=iincri79tad,President �� J Trek Development, Inc. E'• Cc: Jay Cook, Dorsey&Whitney Mark Savin,Faegre&Benson s* Tan Hogan, Haugland Company 1J .1O 000 cncli�s�t;c{1) 100 �h��nesota 553,13 `.. 0' ®, �52,?'"-4392 752.941.1541 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION GRANTING EXTENSION TO THE DEVELOPER'S AGREEMENT FOR BLUFF COUNTRY VILLAGE 2002 PROJECT AND SITE PLAN APPROVAL BY TREK DEVELOPMENT WHEREAS,Trek Development has received City Council approval for Bluff Country Village 2002 for 94 apartment units and 37,000 square feet of commercial, a 10,000 square foot office building, and a 10,000 square foot daycare located at Hennepin Town Road and Pioneer trail as more fully described in a Development Agreement dated October 15,2002;and WHEREAS, a condition of said Development Agreement is set forth in paragraph IV of Exhibit C that if Developer does not proceed with the project within twenty-four(24)months of the date of Agreement, Developer would not oppose City's reconsideration and rescission of any rezoning, Site Plan approval and/or Guide Plan change approval,thus restoring the status of the property before the project was approved;and WHEREAS,the City granted a one year extension of the condition set forth in paragraph IV of the Exhibit C of the Developer's agreement to October 15,2005;and WHEREAS,the City granted a one year extension of the condition set forth in paragraph IV of the Exhibit C of the Developer's agreement to October 5,2006; and WHEREAS, Developer has not proceeded with the Agreement and has requested approval of an amendment and extension of the condition set forth in paragraph IV of Exhibit C to the Developer's Agreement until October 17,2007;and WHEREAS,the City granted a one year extension, pursuant to City Code Section 11.03 Subd 6.A. Site Plan approval to October 15,2005;and WHEREAS, the City granted a one year extension,pursuant to City Code Section 11.03 Subd 6.A. Site Plan approval to October 5,2006;and WHEREAS,the Developer has not proceeded in accordance with the Site Plan;and WHEREAS the City Council has reviewed said amendment and extension requests at its October 17,2006;meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby approves an amendment to the Development Agreement extending the time period referred to in paragraph IV of Exhibit C to October 17,2007. BE IT FURTHER RESOLVED that pursuant to City Code Section 11.03 Subd 6.A. that Site Plan approval granted by Resolution 2005-116 is hereby extended to October 17,2007. ADOPTED by the City Council of the City of Eden Prairie this 17th day of October,2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 52-130 ITEM NO.: VII.G. Mary Krause Approve Change Order No. 2 for Public Works/Engineering Columbine Road Project Requested Action Move to: Approve Change Order No. 2 for the Columbine Road Project, in the amount of $175,592.80. Synopsis This Change Order involves adjustment of unit prices for the remainder of the work items in Phase Two of the project and to extend the final contract completion date of the project to December 1, 2006. Background Information The Columbine Road construction project completes Columbine Road between Anderson Lake Parkway and Prairie Center Drive. The first phase of Columbine Road was constructed in the summer of 2004 and provides access to the Fountain Place area. Phase Two of the project includes intersection and signal improvements at the Columbine Road/Prairie Center Drive/Regional Center Road intersection. Phase Two of the project was delayed until the appropriate easements were obtained from the Flagship Athletic Club; easements were obtained in July of this year. The contractor is currently working on the project with anticipated completion by December 1, 2006. Attachments • HTPO Change Order No.2 • Table No. 1 CHANGE ORDER#2 Date: 10/10/06 To: City of Eden Prairie City Improvement Contract#: I.C. 52-130 Project Name: Columbine Road Contractor: Northwest Asphalt Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: 1. Adjust contract unit prices to reflect current market value of items and extend contract final completion date to December 1, 2006. Construction was suspended in the fall of 2004 due to lack of easements. Adjustments to Contract Price: 1. See attached Table 1. $ 175,592.80 Summary of Contract Changes: Contract Amount prior to Change Order#2 $ 1,980,502.80 Net Increase resulting from Change Order#2 $ 175,592.80 Current Contract Amount including Change Order#2: $ 2,156095.60 THE ABOVE CHANGES ARE APPROVED: Hansen Thorp Pellinen Olson, Inc. City of Eden Prairie By By Date Date THE ABOVE CHANGES ARE ACCEPTED: Northwest Asphalt By Date TABLE 1 CHANGE ORDER#2 Columbine Road, City of Eden Prairie I.C. 52-130 Removals,Grading,Paving,Signal and Restoration Remaining Original Adjusted Increase Item Contract Unit Unit In Unit Contract # Item Description Qty Unit Price Price Price Increase 1 Clear and Grub 0.05 Lump Sum $26,150.00 $26,241.52 $91.52 $91.52 2 Construction Fence 500 Lin.Ft. $3.00 $3.75 $0.75 $375.00 3 Erosion Control-Silt Fence 407 Lin.Ft. $2.50 $3.22 $0.72 $293.04 4 Rock Construction Entrance 1 Each $600.00 $690.00 $90.00 $90,00 5 Inlet Protection A 2 Each $150.00 $160.50 $10.50 $21.00 6 Inlet Protection B 17 Each $250.00 $325.00 $75.00 $1,275.00 7 Sawcut Bituminous Pavement(Full Depth) 316 Lin.Ft. $5.00 $5.35 $0.35 $110.60 8 Common Excavation 11600 Cu.Yd. $7.25 $9.25 $2.00 $23,200.00 9 Milling Bituminous 4000 Sq.Yd. $1.85 $2.12 $0.27 $1,080.00 10 Remove Bituminous Pavement 4756 Sq.Yd. $1.75 $2.01 $0.26 $1,236.56 11 Remove Existing Concrete Curb and Gutter 1760 Lin.Ft. $3.00 $3.45 $0.45 $792.00 12 Remove Concrete Sidewalk 220 Sq.Yd. $4.50 $5.17 $0.67 $147.40 13 Remove Existing Bituminous Curb 210 Lin.Ft. $3.00 $3.45 $0.45 $94.50 14 Remove Concrete Valley Gutter 0 Sq.Ft. $1.00 $1.15 $0.15 $0.00 15 Relocate Light Pole 3 Each $1,100.00 $1 254.00 $154.00 $462.00 16 Remove 27"RCP 80 Lin.Ft. $12.00 $13.60 $1.60 $128.00 17 Remove 8"DIP 30 Lin.Ft. $11.00 $12.50 $1.50 $45.00 18 Remove 8"PVC 20 Lin.Ft. $15.00 $17.00 $2.00 $40.00 19 Remove CB 2 Each $300.00 $340.00 $40.00 $80.00 20 Remove and Replace Frame,Lid and Rings 3 Each $500.00 $535.00 $35.00 $105.00 21 Adjust Existing Casting and Rings 7 Each $300.00 $321.00 $21.00 $147.00 22 Adjust Existing Gate Valve Box 2 Each $250.00 $267.50E$300.00 7.50 $35.00 23 Remove Existing Hydrant and Valve 1 Each $300.00 $340.000.00 $40.00 24 Timber Wall Removal 1 Lump Sum $2,000.00 $2,300.00 $300.00 25 Granular Borrow 740 Ton $6.70 $9.502.80 $2,072.00 26 Select Granular Borrow 3840 Ton $6.70 $9.602.90 $11 136.00 27 Geofoam Block Lightweight Fill 0 Cu.Yd. $55.00 $55.00 $0.00 28 Lightweight Fill Bedding(modified select granular) 0 Ton $8.70 $8.70 $0.00 29 Class 5 Modified Aggregate 2110 Ton $12.45 $14.42 $1.97 $4,156.70 30 Bitiminous Base MnDot 2350 MV 410 Ton $35.25 $60.16 $24.91 $10 213.10 31 Bitiminous Wear MnDot 2350 MV 913 Ton $35.30 $62.19 $26.89 $24,550.57 32 Bitiminous Tack 250 Gal. $2.00 $2.50 $0.50 $125.00 33 Bituminous Base MnDot 2350 LV(Parking Lot) 330 Ton $37.75 $63.50 $25.75 $8,497.50 34 Bituminous Wear MnDot 2350 LV(Parking Lot) 250 Ton $40.65 $65.83 $25.18 $6,295.00 35 B612 Curb and Gutter(Parking Lot) 1250 Lin.Ft. $10.50 $11.54 $1.04 $1,300.00 36 B618 Curb&Gutter 655 Lin.Ft. $8.35 $9.45 $1.10 $720.50 37 B624 Curb&Gutter 455 Lin.Ft. $12.75 $13.97 $1.22 $555.10 38 Concrete Walk 3230 Sq.Ft. $3.20 $3.58 $0.38 $1,227.40 39 Concrete Driveway Apron 67 Sq.Ft. $5.05 $5.65 $0.60 $40.20 40 Bitiminous Path(includes aggregate base) 3560 Sq.Ft. $1.50 $1.881 $0.38 $1,352.80 41 4"Broken White Line-Epoxy 120 Lin.Ft. $0.52 $0.58 $0.06 $7.20 42 4"Solid White Line-Epoxy 1015 Lin.Ft. $0.52 $0.58 $0.06 $60.90 t 43 4"Solid Double Yellow Line-Epoxy 820 Lin.Ft. $1.06 $1.19 $0.13 $106.60 44 12"Solid Yellow Line-Epoxy 455 Lin.Ft. $4.00 $4.52 $0.52 $236.60 45 4"Double Yellow Line-Paint-Temporary 0 Lin.Ft. $1.04 $1.17 $0.13 $0.00 46 Arrows-Epoxy 10 Each $125.00 $14115 $16.25 $162.50 47 Crosswalk-Epoxy 1260 Sq.Ft. $4.30 $4.85 $0.55 $693.00 48 4"Solid White Line-Paint(Parking Lot) 1062 Lin.Ft. $0.65 $0.69 $0.04 $42.48 49 Engineering Grade Sign Face 41 Sq.Ft. $24.20 $24.20 $0.00 50 Repair Irrigation Systems 0 Lump Sum $2,000.00 $2,000.00 $0.00 51 Bollards 5 Each $250.00 $329.18 $79.18 $395.90 52 Traffic Control 0.75 Lump Sum $35,000.00 $39,237.50 $4,237.50 $4,237.50 53 Full T Act T Control Signal System 0.46 SIGS $174,000.00 $190,060.00 $16,060.00 $16.060.00 54 Traffic Control Interconnection 1 Lump Sum $3,000.00 $3 451.00 $451.00 $451.00 55 Retaining Wall 0 Sq.Ft. $18.50 $19.79 $1.29 $0.00 56 Seed,Wood Fiber Blanket and 4"Topsoil 1500 Sq.Yd. $1.20 $1.51 $0.31 $465.00 57 Sod and Topsoil 4250 Sq.Yd. $2.30 $3.12 $0.82 $3,485.00 58 Seed,Mulch and 4"Topsoil 2.8 Acre $1,118.00 $1,522.25 $404.2531.90 59 Topsoil Borrow 308 Cu.Yd. $15.00 $17.00 $2.0016. 60 Change Order#1 Subtotal �$�130,582.0070. Storm Sewer and Pond Remaining Original Adjusted Increase Item Contract Unit Unit In Unit Contract # Item Description Qty Unit Price Price Price Increase 1 27"Catch Basin w/Frame and Grate 3 Each $900.00 $990.00 $90.00 $270.00 2 48"Catch Basin/Manhole w/Frame and Grate(0-8') 2 Each $1,192.00 $1 312.00 $120.00 $240.00 3 72"Sump Manhole w/Frame and Grate 0 Each $3,350.00 $3,685.00 $335.00 $0.00 4 96"Catch Basin/Manhole w/Frame and Grate 0 Each $5,800.00 $6,380.00 $580.00 $0.00 5 12"RCP CL V 62 Lin.Ft. $29.90 $32.89 $2.99 $185.38 6 12"DIP CL 52 0 Lin.Ft. $42.00 $46.20 $4.20 $0.00 7 15"RCP CL V 30 Lin.Ft. $28.95 $31.85 $2.90 $87.00 8 18"RCP CL IV 0 Lin.Ft. $29.90 $32.90 $3.00 $0.00 9 24"RCP CL IV 0 Lin.Ft. $35.90 $39.50 $3.60 $0.00 10 36"RCP CL IV 0 Lin.Ft. $65.90 $72.50 $6.60 $0.00 12 54"RCP CL IV 0 Lin.Ft. $128.25 $141.00 $12.75 $0.00 13 15"RCP Flared End w/Trash Guard 0 Each $1,000.00 $1 100.00 $100.00 $0.00 14 36"RCP Flared End w/Trash Guard 0 Each $1,735.00 $1,910.00 $175.00 $0.00 15 54"RCP Flared End w/Trash Guard 0 Each $2,715.00 $2,990.00 $275.00 $0.00 16 Binder Stone Pipe Bedding 50 Ton $20.00 $22.00 $2.00 $100.00 17 Sand Gravel Pipe bedding 65 Ton $10.00 $11.00 $1.00 $65,00 18 RipRap CL 111 0 Cu.Yd. $75.00 $82.50 $7.50 $0.00 19 Rip Rap CL IV 0 Cu.Yd. $75.00 $82.50 $7.50 $0.00 20 Pond Excavation 0 Cu.Yd. $10.80 $10.80 $0.00 21 Modified Select Granular Borrow 0 Ton $11.50 $11.50 $0.00 22 Flotation Sift Curtain 0 Lin.Ft. $10.50 $14.28 $0.00 Subtotal $947.38 2 Sanitaty Sewer and Watermain Remaining Original Adjusted Increase Item Contract Unit Unit In Unit Contract # Item Description Qty Unit Price Price Price Increase 1 48"Sanitary Manhole(0-8') 1 Each $4,150.00 $4,565.00 $415.00 $415.00 2 Extra Depth MH 2 Vert.Ft. $100.00 $110.00 $10.00 $20.00 3 8"PVC SDR 35 82 Lin.Ft. $30.00 $33.00 $3.00 $246.00 4 6"DIP CL.52 30 Lin.Ft. $40.00 $46.00 $6.00 $180.00 5 8"DIP CL.52 41 Lin.Ft. $50.00 $58.00 $8.00 $328.00 6 8"Gate Valve 1 Each $2,045.00 $2,250.00 $205.00 $205.00 7 Fire Hydrant with Gate Valve 1 Each $4,295.00 $4,725.00 $430.00 $430.00 8 8"PVC Plug 1 Each $75.00 $85.00 $10.00 $10.00 9 Fittings-DIP 200 Lbs. $5.00 $6.00 $1.00 $200.00 10 Outside Drop Section 0 Vert.Ft. $300.00 $330.00 $30.00 $0.00 11 Copper/Corporation/Curb Stop for testing watermain 1 Each $500.00 $550.00 $50.00 $50.00 12 Binder Stone Pie Bedding 150 Ton $20.00 $22.00 $2.00 $300.00 Subtotal $2,384.00 Alternate f for Lightweight Fill Remaining Original Adjusted Increase Item Contract Unit Unit In Unit Contract # Item Description Qty Unit Price Price Price Increase Add 1 Common Excavation 752 Cu.Yd. $10.00 $13.25 $3.25 $2 444.00 2 Engineered Fill Cellular Concrete 4515 Cu.Yd. $48.40 $57.09 $8.69 $39,235.35 Subtotal $41,679.35 Deduct 1 Lightweight Fill Bedding(modified select granular) 0 Ton $10.35 $10.35 $0.00 $0.00 2 Common Excavation 0 Cu.Yd. $10.00 $10.00 $0.00 $0.00 3 Geofoam Block Lightweight Fill 0 Cu.Yd. $50.00 $50.00 $0.00 $0.00 Subtotal $0.00 Total Alternate 1 $41,679.35 Removals,Grading,Paving,Signal and Restoration $130,582.07 Storm Sewer and Pond $947.38 Sanitary Sewer and Watermain $2,384.00 Total Alternate 1 $41,679.35 Total Addition-Change Order#2 $175 592.80 3 r CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5586 ITEM NO.: VH.H. Public Works/Engineering Approve Professional Services Rodney Rue Agreement with S.E.H., Inc. for Design Phase Services for Reconstruction of Valley View Road, from Flying Cloud Dr.to Golden Triangle Dr. Requested Action Move to: Approve Professional Services Agreement with S.E.H., Inc. for design phase services for the reconstruction of Valley View Rd., from Flying Cloud Dr.to Golden Triangle Dr. Synopsis This Professional Services Agreement will provide construction plans and specifications for the reconstruction of this roadway. It is anticipated that this project will be constructed in 2007. The estimated cost for these design services is $123,705. The project will be financed with State Aid funds. Background Information A preliminary layout of this corridor was completed a few years ago. The issues associated with this section of roadway include a structurally-deficient creek crossing, frequent flooding of the roadway, a missing trail section and a missing trunk watermain section. The plan for this roadway is to reconstruct the existing rural section to an urban two-lane section with a new creek crossing, trail connection, and trunk watermain connection. Attachments • Professional Services Agreement • Exhibit A-Proposal letter& spreadsheet STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THis AGREEMENT is made on the 17th day of October, 2006, between the City of Eden Prairie, Minnesota (hereinafter"City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short Elliott Hendrickson Inc. (SEH), a Minnesota consulting firm (hereinafter"Consultant's whose business address is 10901 Red Circle Drive, Suite 200, Minnetonka, MN, 55343. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Design Phase Services for the Reconstruction of Valley View Road hereinafter referred to as the"Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit"A' (Project Proposal Letter dated September 22, 2006) in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within a mutually agreeable time schedule. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in an amount not-to-exceed$123,705.34 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in additional compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. 1 i i C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may require in the preparation of the Work. D. Owner's Representative. A person shall be appointed to act as the City's representative ntative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for professional services performed. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Paul J. Pasko III. PE and Carter A. Schulze PE to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Paul J. Pasko III, PE or Carter A Schulze. PE, from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind.. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 2 I i i i 10. Term. The term of this Agreement shall be from October 18. 2006 through March 31, 2007 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days'written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 12. Subconsu/taut. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subconsultant involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subconsultant. If the Consultant fails within that time to pay the subconsultant any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subconsultant on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is$10. For an unpaid balance of less than$100,the Consultant shall pay the actual interest penalty due to the subconsultant. A subconsultant who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 3 i 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs,judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subconsultants in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liabilitv. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. 4 I 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. ty The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of p rP p p the project p J contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 27. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 28. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "1 declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 29. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 30. Whole Agreement. This Agreement constitutes the final and complete agreement of the parties and shall supersede and replace any prior oral or written agreements between City and Consultant. Any subsequent modifications must be in writing signed by both parties. 5 i Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Short Elliott Hendrickson Inc.(SEH) By: Its: P:\AE\E\Edenp1030100\1 GeN110\Standard Agt-E P Prof Services bid docs.DOC 6 SEH EXHIBIT A September 22,2006 RE: City of Eden Prairie Reconstruction of Valley View Road Design Phase Services SEH No.A-EDENP0301.00 10.00 Rod Rue,P.E. Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Rod: Short Elliott Hendrickson Inc.(SEH)thanks you for the opportunity to assist the City of Eden Prairie (City)with the referenced project. We will provide the services to the City as outlined in the enclosed Task Hour Budget(THB)within the project area for a not-to-exceed fee of$123,705.34. Our TUB and its footnotes contain our key assumptions regarding the scope of our work.The THB and its footnotes are based on our technical memo to the City dated September 28,2004.That memo summarized results from our work on City project number IC 02-5586;the preparation of conceptual plans and a scoping level engineer's opinion of probable cost. Our not-to-exceed fee includes reimbursable expenses.We will bill you monthly on an hourly basis for our labor and reimbursable expenses. We will only proceed with additional work following your authorization. Work shall be done in accordance with the City's Standard Agreement for Professional Services (Agreement).This proposal letter is an exhibit to that Agreement. Upon receiving authorization to proceed, we will immediately commence work on the project. We estimate that the project will adhere to the following schedule: r1 is P R x'� x . October 18,2006 Notice to Proceed November 3,2006 Drawings and Legal Descriptions for ROW/Easement Acquisition Complete November 6,2006 City Staff Begin Appraisals for ROW/Easement Acquisition November 30,2006 Data Collection Complete January 1,2007 City Staff Submits Written Offers for ROW/Easement Acquisition to Property Owners Short Elliott Hendrickson Inc.,10901 Red Circle DrWe,Suite 200,Minnetonka,MN SS343.9301 SEH Is an equal opportunity employer I -sehlac.com 1 952.912.2600 1 800.734.6757 1 952.9112601 fee i Rod Rue,P.E. September 22,2006 Page 2 i February 1,2007 If Necessary,City Staff Begin Condemnation Proceedings for ROW/Easement Acquisition February 9,2007 Submit Plans to State Aid for Review March 1,2007 1"Publication of Ad for Bid March 22,2007 Open Bids May,2007 Begin Reconstruction The Agreement,Exhibit A,and the THB represent the entire understanding between the City and us with regards to the project. We are looking forward to assisting the City with design phase services for this project. If this letter satisfactorily defines our role in this project,please sign and date both letters and return one to me at the address shown on this letterhead. In the meantime, please contact me at 952.912.2611 or poasko a(�,sehinc com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. �IwlerZF7 Paul J.Pasko III,PE Project Manager Accepted this_day of .2006 By the City of Eden Prairie Nancy Tyra-Lukens,Mayor Scott Neal,City Manager PJP3 Enclosure c: Dave Halter,SEH(with all enclosures) Sue Tarasar,Sunde Land Surveying,LLC(with all enclosures) Jeremy Walgrave,SEH(with all enclosures) Wayne Wambold,SEH(with all enclosures) Doric Deuschle,SEH(with all enclosures) George Calebaugh,SEH(with all enclosures) Jeff Johnson,SEH(with all enclosures) p:1NYd.npV01ao11yw�1016a dw pmpmJ 4.hrc SEH Task Hour Budget City of Eden Prairie Reconstruction of Valley View Road(I)(6)(17) Design Phase Services September22,2006 ESTIMATED HOURS aenwa ware. tzno EMMAT PROJaYT 3'A91(8 PAIMa6a lNaV&Y a atgAotar a[60UY� W�IIRCW lwtMPo eAn PONPWJ[Ce aN eutlecyan yPAwenPoayAn atLM aft 4Cn1aA ota uYyptwaM COST� . urn awewoa auearam traea LI Runstale electramc wiBurkaw Compe Se ° Rr ;;.: •i" ! ..., s, ,., e5 _ y„ . P 1.2 wetlaaaaeliawaow 1 1.2.1 Vulf limit of2003 draft w I'd deliawlw 30 5 13 Goud circuit TVfoapealoos afaadtuy sewu(14) IA Wv u1stim Mm in Pcqjw arts 3 1.5 Subsurfoce mvwa (21)(22) 1 l 14 1.6 Dei 1.6.1 Locata adlbmiu s 0.5 1 @ B L6.2 Su leawntd 1 3 30 30 1.7 Go hu State Due call Subto191N 1 =3.0 200':i b auw t a 3,9 A s SuhId4140GtrP(kal f S @3d3 3373 ) @A @:. @425 t Y @33 - 2.l Rwdway(5 , •�c+Y a.,vY,. +«ri,, ,k � 2.1.1 Geotechdul 2.1.1.1 Devel aW strati ae lw Valle Rued 2 2.1.1.2 Asawaraadsab de 36 OJ 1 2.1.1.3 Aueu heodt eaavWm avd backrdl 2 2.1.1.4 Dw' wW(23 1 4J 16 16 g 2.1.1.5 Asms—bedm¢ut sWbilit/a dcmre -(24) 1 @ 2.1.1.E eadmlcd M—ndutu with BeoWcbakd recommwde0aua 1 8 2.13 Rerme aedbn(42)(43)(7) IS @ 2.13 Horl-aw and venial W t 2.1.3.1 Ref a hotizaotial and venial W t 2 4 16 2.1.3.2 kwkl em rzcotnmeodatluoa from actor.sop—i.S tedweal ntema dated 2/1=3(4) 2 7 3 ZIA ll a mmmtt4Wa Ih k. 1 f 2.1.5 Ewamc VROW A uiddoo(3)(2) 2.1.5.1 Pareel 12-116-22-24-0011 2.1.5.1.1 Preparedrtwiogshowmg traded wemeot/ROW 2 a z.l.s.l.z to m dwea acts�raeeaw way eW Row 1 4 2.1.5.2 Parcel l2-116-22.13-0013 2.1.5.11 Prt dnwiu dm' needed eue._MOW 2 1 2.1.5.2.2 rmp=icSwdeauipdouofoeededwauu "0W (31) 1 2.1.6 Refine rtalaatim Ian 1 8 11.7 WetlaodtAU aOanbAnkia(I I) 2.1.7.1 1 mvlde City with a t ofpemuoed andVow+y wulaaa hwacts 2 : 4 20 4 2.1.8 Prepare uk&g and pose ropd algttlug sad ndpiug plane.tabulad—,sad dd ila I.--'b ace w@h applleable design alenduds. 16 f f 2.1.9 P uedetour l=(33) @ 4 2.2 Wat- 2.21 Hari,—W and veniW dl t Od 4 2.3 Sadt sewn 2.3.1 Review sewn TV ins (34) 2 23.2 SAWWY (28) OJ 3 5 Paps I d 4 �i�®i•... .•,;:,..• moo!■!�l�l��1��al�l�■�� B��®ice ��o��!l��■�■��l�� ME MMMMUMIMM RvMMMMMM mom �___ _ UM- _an___ _KO___ �_o____o_�___________a�■ _®___ FAMMIM _______�■____________�_� MOM= Ma ME �� OREM NEU= 'r Ciry will F.Wde DVD ou VHS uspe and printed hopeerion lop m CCfV inspection rime monk naoit.y tewerpipe as me Vicinity dthe proposed cad a coureylog Nine Mite Crack beawm Valley Vkw Rand Me DNR pesmit will only allow a 0.5 foot increase in the existing 100-yesrflood pmM Runoff fiom the wall embaol.ret back slope along the southerly side of Valley View Read dues ensrequire hurment in a stmorepor manhole. o City will cooshuct this pmjesl.log Municipal Side Aid mods Perrot VA don Include subMwls to U.S.Army Coups of Bngtnsess,Nine Mlle Creek WnearW District,Mlmcaota Dept of Neutral Resources.and City of Eden Prairie for Warlord Cona w ation Ad a NO used. se SBH will prepare a ddllkg and testing requett Meprq—.1 for life Lou—and revew the scope of work with City staff. t'The cost far drilling and testing is ndsecluded in this proposal.Bravo lotertec will contract directly with me City for metr services. d SP-H will link bminga lothe fl f,coordiwe drilReg and tetdeg,pesos®review,of and usepiss,aad.alpt laboratory outing re SBH will design a nodular block retaining wall along the weat side rime road. z.Will will evaluate me arability oldie east edge tithe embanonrw.ft is likely that soil corredmnorrenewal may be requited due to filling into wcdand sons. O Task locludes dot h p area dermcation and sensor sewer pipe suing for.Ill-yevnmm. to Task bsrluded lo cue a sanitary sewer penuk b Deeded w iea RU a cuing amend the existing s&Wtuy newer. .Task ineludf atoum uwercalcolatlonh along with enure Plan ter tubmiaal. sa Repatss will 6e detenninedbased on cloned ctrcoitTV ieapenion reanRa. to Not strad. ail Ifnsmuuy,locate mired2003 wetland Ibn a using parade de GPS reed— Don tothis parcel beigg aspk0ed,Sundt Land Surveying,ILC will prep..this legal descriptionu subemm8am to SPA 71rebfee 1s Included loose 8a solovertigatn edocnlog ill prepared summit n 25Wd to me south an mklmbe the,need for she Peones gives n me end mlhls tack hour budget praposedatcrm{tartanhoied 2lsS0,right as This fait sasumer mat Valley View Road rm be dosed during construction between Flying Cloud and Golden Triangle Driver. r City will.mangefire and drliverdoted circuit TV ImPectioea DVD and printed bnpccdon lop. d Hme pipe is replaced,byyssa pumping plan net included In au acepeof want Ssape to be detearnined and change order.be insured by the City bef..SBH would begin by-pass Peeping plan work. x This task heluma utesslug the belted of setting angethermsetakl corm treads and read subgrade excavatiode. "Memo tided that awchted Onto wares healmms reaeholes will be built rather than NURP ponds because of Me out mast only the ponds memaelwa,but she me cost lo purchase battled Welland lo reptace existing waked,where The ponds could be focused. d Slmmcepmrmanhole a 32f50,left will be sized Ignoring the reentrant provided by rise propoed ditch between etedwh 31+00 and 32400,left.This ditch may need removal in me future due to&possible tra0 along dse left side of me read. sa Vertically offaet the proposed colveds to mlosmbe the width of the oak bed. r0 Labor for this lank is included is task 2.1.8. ar These plans will be lowPnrded loso the roadway plan and Fuld.sheets. as layout cufesely udltaea an industrial typical odnmust roadwaysa0on per derail drawing R-1 found to me CNys Standard Detail Specifmnkae for Coashuerion,Walkways,and Pavaeem Rdmrn uemiredin 1998. 0 Us.of subgeude—,as-and replaceree.with talent panel.borrow was armed in the kyeat between sftlore 24s00 and 37+36 and.the imeuec0un of Valley View Road had Golden Triangle Ddee. W Includes enver/ariificatlnn,index,studies,meeawcmn,imnegiau m bidden,genial caodidaas,and all standard del oil spceifiatiff. ss Includes lodes offberlalloas,assremeat frodu sued quantities,cabling den sew.,proposed Muse sewer,existing exis Unitary sew eaidkg signing and sedidg.pmpased sipiog and striping,caw n.proposedsanituy sewsabringwasermem,proposed water ream,reuscratim, r° wok,and prirue uHlitas Rounbuteabie exPeeaes Include Sunda Land Surveying,ILC feu,printing and mWkg biddocumeds,PfmR tees,aurey egnipmem and bleep.and nor-survey related mBuge Papa4d4 CITY COUNCIL AGENDA DATE: SECTION: Consent October 17,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VII.I. Community Development: Resolution Calling for Public Hearing to Janet Jeremiah/David Lindahl consider establishing a Tax Increment Financing(TIF) Redevelopment District for Solomon's Town Center Phase I Project Requested Action Move to: ■ Adopt Resolution calling for a public hearing December 19, 2006,to consider establishing a new Tax Increment Financing Redevelopment District. Synopsis The purpose of establishing a Redevelopment District is to help defray costs associated with the redevelopment of the several existing buildings located on TH212 and Eden Road across from the Eden Prairie Center for a new 136,000 square foot office and commercial mixed-use project. A resolution calling for a public hearing to consider establishing a new TIF district must be passed by the Council before an actual hearing is held. Background The Solomon Group, an Eden Prairie development company, is attempting to assemble and redevelop three properties totaling 4.19 acres located at 11995 Flying Cloud Dr.(NTI School), 8140 Flying Cloud Dr. (Hanson Office Bldg),and 8110 Eden Rd.(Fisher Office Bldg). Their plan is to redevelop the properties into a 136,000 square foot mixed-use office and retail center that includes a significant amount of structured parking. The project includes a 4-story Class A office building, 1 story of retail and a %2 story mezzanine/atrium with two restaurant anchors.The project is being designed to fit into the City's town center master plan with vertical integration and a structured parking ramp that can be expanded later if the Wal-Mart site redevelops. Solomon is requesting$4.4 million in TIF to offset various redevelopment costs as well as to help reduce the cost for structured parking. The City applied for a$2 million grant through the Metro Council Livable Communities Demonstration Grant program but was informed about two weeks ago that we missed the final cut. Inspections of the existing buildings were completed by LHB Architects and Engineers were found to be structurally substandard and therefore qualify as a Redevelopment District. Details of the TIF plan will be presented to the City Council and HRA at the hearing on December 19, 2006. Attachments Resolution TIF Maps CITY OF EDEN PRAIRIE HENNEPIN COUNTY NIINNESOTA RESOLUTION NO.2006- RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 AND THE PROPOSED ESTABLISHMENT OF THE TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT THEREIN,THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR BE IT RESOLVED by the City Council(the"Council")for the City of Eden Prairie,Minnesota(the "City"), as follows: Section 1. Public Hearing. This Council shall meet on December 19,2006,at approximately 7:00 P.M., to hold a public hearing on the proposed modification to the Redevelopment Plan for Redevelopment Project Area No.5,the proposed establishment of the Town Center Phase One Tax Increment Financing District,therein,(a redevelopment district)and the proposed adoption of a Tax Increment Financing Plan therefor; all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing,Filing of Redevelopment Plan,and TIF Plan. City staff is authorized and directed to work with Ehlers &Associates, Inc.,to prepare a modification to the Redevelopment Plan for Redevelopment Project Area No.5,a Tax Increment Financing Plan for the Town Center Phase One Tax Increment Financing District and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 272. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law,to be published at least once in the official newspaper of the City not later than 10,nor more than 30,days prior to December 19,2006,and to place a copy of the modification to the Redevelopment Plan and TIF Plan,on file in the City Clerk's office at City Hall and to make such copy available for inspection by the public. ADOPTED by the City Council of the City of Eden Prairie this 17t'day of October,2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk sr -t a,r.. 4 f ; �� t � Sv0.M2 1� � •i �' .- �, a -� -ir.:m a>5ray� vni+ i' x '"rs•< <- UNTI `�° ",�t+`;3g.'�^� `•',>*� c,�•-i�-= >a�af'`ny ,i }a;r N�J' t- Iwo T r A v' ■ 1 , W f �r, �,wt„vP-Z 3.s ax, 4P� �.y ,3j� +.-3 •1. cli a. fl� +j f Ing '.`a.. .#�: s atrmc.L.•�\ �,y��5�� 4'�Bi �sa^S;• '� j�1 r �:'r•` CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 17,2006 DEPARTMENT/DIWSION: ITEM DESCRIPTION: ITEM NO.: Police Department Resolution Declaring "Abandoned Property" Lieutenant James Morrow Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution-Declaration of Abandoned Property. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS,the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on October 17, 2006. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Exhibit A ' Abandoned Property for Auction Category Case Number Description Bicycle(B) 2006003156 Purple Giant Boulder Mtn Bike, Mens Bicycle(B) 2006004818 Magna Glacier Point Bicycle, Black w/Red Splashes Bicycle(B) 2006004835 Magna Great Divide Mtn Bike,Yellow/Silver with Blk Lettering w/bottle/holder Bicycle(B) 2006011898 Specialized Hardrock 21-speed bicycle, Red/Blk w/white lettering, Bottle Holder Bicycle (B) 2006012697 Red, Huffy Stone Mountain 11 8-Speed Bicycle Bicycle(B) 2006012839 Blue Schwinn Speedster Bicycle,21-Speed Bicycle(B) 2006013416 Blue, Specialized Rock Hopper 24 Bicycle Bicycle(B) 2006015636 Green, Grand Teton FS Elite 18-Speed Bicycle, Mens w/water bottle Bicycle(B) 2006016203 Blue/Silver Vertical 2X PK-7 Bicycle Bicycle(B) 2006017184 Trek 800 Mountain Track, Purple, Girls Bike Bicycle(B) 2006019359 Schwinn Neu Citi Mens Bicycle, Blue w/whi/sil lettering ( Bicycle B y ) 2006019437 Red Specialized Shockrock Bicycle, 18-s eed P Y P Bicycle (B) 2006020319 Schwinn Crossfit Red (Pink) Girls/Womens(Tonka Cycling) Bicycle(B) 2006022296 Mongoose FS1 BMX Bike, Med Green, Small Boys Bike Bicycle(B) 2006024603 Schwinn Thrasher Boys Bicycle, Blue/Yellow/Chrome Bicycle (B) 2006024603 Roadmaster Mtn Sport SX, 18-speed Silver/Blue Bike Bicycle(B) 2006024829 Roadmaster Mtn Sport SX, Blu/Sil/Blk Mtn Bike, Mens 18-speed, Kryptonite Lock Bicycle(B) 2006024867 Huffy Torsion, Red, Boys Trick Bike Bicycle(B) 2006025069 Hardrock Specialized Womens Bike, Silver, Mtn-Pink lock attached Bicycle(B) 2006025069 Bianchi Advantage Womens Green Bike-from Colorado #of Items 20 Lens 2005039866 Vivitar Camera Lens Camera(C) 2006028346 Canon Powershot A520 Digital Camera #of Items 2 Clothing (D) 2002033176 (1) Pair of Panties from Macy's Clothing (D) 2002033176 #12-Box w/Misc Clothing Items Shoes (D) 2002033176 (1) Box w/Hot Pink Shoes Shoes (D) 2005034785 (1) Pair of Womens Brown Sandals, Size 9 Clothing (D) 2005034785 (3) Dresses Clothing (D) 2006000886 Duffel Bag #of Items 6 Pan 2002033176 #10-Box w/Pan/Lid Set #of Items 7 Earrings(J) 2004012674 Jewelry Box w/(3)Stud Earrings&(1) Diamond Hoop Watch (J) 2004018266 Pg 2-Omega Watch(Bridgeman's) Watch (J) 2004018266 Pg 3-Watch #of Items 3 Calculator(0) 2006020971 Casio Calculator Report Date: 10/12/2006 1 Exhibit A i - Abandoned Property for Auction Category Case Number Description #of Items 1 Briefcase(P) 2004018266 Pg 4-#11 -Blk Leather Briefcase Sunglasses(P) 2005024126 Sunglasses Sunglasses(P) 2005039866 Sunglasses(Silver) #of Items 3 CD Player(R) 2004018266 Pg 4-#36-CD Player Play Station Game(R) 2004018472 Play Station 2 Game-"Tony Hank's Pro Skater 3" Headset (R) 2005029926 Pg 2-#1 -Bose Aviation Headset w/Carrying Case Radio(R) 2005029926 #6-Aviation Radio Adaptor 2005029926 #15-Adaptor Walkman (R) 2005039866 RCA Walkman (ESP Xtreme), Red Walkman (R) 2005039866 Memorex CD Walkman, Sil/Blu #of Items 7 Helmet (S) 2004026824 Helmet, Motor Cycle,Arai, Size Large, Orange/Blk/Whi/Lime Green Golf Bag/Equipment (S) 2005017416 #3-Wilson Golf Irons Golf Bag/Equipment (S) 2005017416 #3-Pro Select Golf Woods Golf Bag/Equipment (S) 2005017416 #3-Spalding Golf Bag, Silver& Blue Scooter (S) 2005017416 #4-Razor Scooter, Electric, Chrome w/green Label'&Orange Decal Golf Bag/Equipment (S) 2005017416 #5-Golf Bag Rack, Silver Wakeboard (S) 2005039866 HO Wake Board w/Bindings& Boots #of Items 7 Video Tape(Y) 2002033176 Cinderella Video Tape from Bag (Item#7) Paper/Receipts/Misc(Y) 2005014182 Pg 1 -#12-Large Black File Box Paper/Receipts/Misc(Y) 2005024126 Legal Pads& Pens Stroller 2005036037 Evenflow Baby Stroller Compact Disc(Y) 2005039866 (21)CD's w/Black Case Compact Disc(Y) 2005039866 (31)CD's with Black Case Backpack(Y) 2006020971 Eddie Bauer Backpack, Gray/Red Umbrella 2006023765 Patio Umbrella, Black #of Items 8 Moped 2006013503 Voy Electric Moped w/lock&key #of Items 1 59 Report Date: 10/12/2006 2 V" r Exhibit B Abandoned Property for Conversion for City Use Category Case Number Description Conversion Purpose Computer,Other(0) 2005048192 Wireless Router for Computer EPPD Use #of Items 1 Gun-Other (G) 2006022850 Toy Gun w/Magazine Clip EPPD Police Training Gun-Other (G) 2006024834 Air Pistol, P220 KWC EPPD ERU #of Items 2 Knife(H) 2004039354 Knife,Yellow, Utility-Pg 1 #2 City of Eden Prairie #of Items 1 Computer, Hard drive(0) 2003039496 Hard Drive(removed from computer at EPPD Use time of disposal) Computer, Hard drive(0) 2003039496 Hard Drive(removed from computer at EPPD Use time of disposal) Safe(0) 2004003104 Pg 1 -#2=Sentry Safe EPPD Use Computer,Terminal (O 2005014182 Pg 1 -#14-Compaq Presario EPPD Use Computer Computer, Speakers(0) 2005014182 Pg 1 -#14-Speakers IT Coordinator Use PC/Phone 2005017687 #3-PC/Phone EPPD Use #of Items 6 Currency-Cash/Coin (T) 2004018266 Pg 4-#32-Cash($347.00) City of Eden Prairie Currency-Cash/Coin (T) 2004018266 Pg 3-Cash-$1,012.05 (from Blair) City of Eden Prairie Currency-Cash/Coin (T) 2004026824 $1 Bill City of Eden Prairie Currency-Cash/Coin (T) 2004041606 $229 in Cash City of Eden Prairie Currency-Cash/Coin (T) 2005014182 Pg 1 -#16A-$700 Cash City of Eden Prairie Currency-Cash/Coin (T) 2006024352 $16 in Cash City of Eden Prairie Currency-Cash/Coin (T) 2006028346 $1.33 in coin (from purse) City of Eden Prairie #of Items 7 Scale-Electronic(X) 2004003104 Pg 1 -#3-Scale SWHDTF Tools-Other (X) 2004012674 Leatherman&Small Tools EPPD Use Tools-Other (X) 2004018266 Pg 4-#36-Crowbar&Screwdriver EPPD Use Tools-Other (X) 2004018266 Pg 4-#9-Tools(4) City of Eden Prairie Screwdriver(X) 2005015797 Screwdriver City of Eden Prairie Tools-Other (X) 2005015797 Crowbar City of Eden Prairie Report Date: 10/12/2006 1 Exhibit B SE Abandoned Property for Conversion for City Use Category Case Number Description Conversion Purpose Bolt Cutter(X) 2005017687 #1 -Bolt Cutter City of Eden Prairie Bolt Cutter(X) 2005031520 Bolt Cutters EPPD Use Bolt Cutter(X) 2006016930 Bolt Cutters City of Eden Prairie • #of Items 9 Drug Paraphernalia(Y) 2002000848 #2-Electronic Scale SWHDTF Drug Paraphernalia (Y) 2005000208 Black Digital Drug Scale(#2) SWHDTF Tape 2005020220 Duct Tape City of Eden Prairie Backpack(Y) 2005032491 #5-Backpack EPPD Use Sign (Y) 2005037940 (2)Signs-"Family First'Parking- City of Eden Prairie Black(Rod Iron Stands w/Round Sign) Yard Reflector 2006008762 (300)Yard Reflectors-Blue/Red City of Eden Prairie #of Items 6 32 Report Date: 10/12/2006 2 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing October 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Jim Richardson Special Assessment Hearing for the Public Works/Engineering Approval of the 2006 Special Assessments Requested Action Move to: • Close the public hearing for the approval of the 2006 Special Assessments; and • Adopt the resolution approving all Special Assessments presented in the fall of 2006. Synopsis Each year,the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 1 p 2 months. This year,the Council will address a list of supplemental assessments for such things as trunk utility assessments, lateral utility assessments and connection fees. Background Information See Exhibit A for the list of projects that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2006 is $219,317.06. Attachments • Resolution • Exhibit A CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid on or before November 30, 2006. To the first installment shall be added interest on the entire assessment from November 1, 2006 until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2007. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. ADOPTED by the Eden Prairie City Council on the 17th day of October,2006. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXIHBIT A Supplementals Trunk Sewer and Water PID# YEARS/% Amount ERS Estates 02-116-22-33-0002 5 Years/6.5% 4,397.88 Woodland 3rd Addition 04-116-22-43-0111 5 Years/6.5% 3,814.40 Prairie Estates 2nd Addition 05-116-22-21-0005 5 Years/6.5% 6,163.65 Bismark/Hokanson 06-116-22-21-0027 5 Years/6.5% 839.08 Doughty Addition 10-116-22-12-0001 5 Years/6.5% 3,158.80 Gander Mountain 11-116-22-34-0005&0006 5 Years/6.5% 3,397.20 Baneberry Hollow 25-116-22-43-0003 & 0004 5 Years/6.5% 13,919.60 Aging Joyfully 27-116-22-11-0042 5 Years/6.5% 3,754.80 Eden Bluff Highlands 28-116-22-44-0005 5 Years/6.5% 58,646.40 Doyle Estates 30-116-22-41-0001 & 30-116-22-44-0005 5 Years/6.5% 11,920.00 Trunk Utilities IC 98-5474 Crestwood Ter Kustritz 30-116-22-13-0024 16 Years/6.5% 520.00 Lateral Utilities IC 98-5474 Crestwood Ter Kustritz 30-116-22-13-0024 16 Years/6.5% 9,832.00 Trunk Storm Sewer IC 52-123 CSAH 1/18 Baneberry Hollow 25-116-22-43-0003&0004 5 Years/6.5% 597.98 Lateral Storm Sewer IC 52-123 CSAH 1/18 Baneberry Hollow 25-116-22-43-0003 & 0004 5 Years/6.5% 3,331.99 Connection Fee ERS Estates 02-116-22-33-0002 5 Years/6.5% 9,036.00 Prairie Estates 2nd Addition 05-116-22-21-0005 5 Years/6.5% 45,180.00 Bismark/Hokanson 06-116-22-21-0027 20 Years/6.5% 14,620.00 Doughty Addition 10-116-22-12-0001 5 Years/6.5% 15,060.00 Aging Joyfully 27-116-22-11-0042 5 Years/6.5% 12,469.68 Doyle Estates 30-116-22-41-0001 & 30-116-22-44-0005 5 Years/6.5% 15,060.00 Metro SAC & WAC Benson 01-116-22-32-0006 10 Years/6.5% 4,260.00 Denman 29-116-22-21-0002 10 Years/6.5% 4,260.00 Tall Grass Cutting& Tree Removal James Sabako 04-116-22-32-0018 1 Years/6.5% 183.13 Epic Development XIV,LLC 05-116-22-32-0001 1 Years/6.5% 183.13 Christopher Simmons 08-116-22-41-0065 1 Years/6.5% 183.13 Albert Guralnik 10-116-22-14-0185&0190 1 Years/6.5% 286.38 Judith Nelson 10-116-22-22-0081 1 Years/6.5% 183.13 Eden Land Corporation 10-116-22-22-0084 1 Years/6.5% 852.00 St.Andrew Wood,LLC 10-116-22-24-0002 1 Years/6.5% 2,023.50 Harlan Levine 17-116-22-24-0029 1 Years/6.5% 183.13 Gregory Nilson 25-116-22-12-0071 1 Years/6.5% 150.00 Sandra Sanderson 25-116-22-31-0006 1 Years/6.5% 150.00 Lance Rosenberg 26-116-22-33-0046 1 Years/6.5% 120.29 Johnny Recalde 35-116-22-13-0033 1 Years/6.5% 183.13 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 157257- 157666 Wire Transfers 2543 -2550 City of Eden Prairie Council Check Summary 10/17/2006 Division Amount Division Amount General 28,686 520 Parks Referendum 101,936 100 City Manager ill 522 Improvement Projects 2006 1,872 101 Legislative 271 601 Prairie Village Liquor 71,104 102 Leg al Counsel g 39,645 602 Den Road Liquor 125,699 104 Contingency 530 603 Prairie View Liquor 74,924 110 City Clerk 1,122 605 Den Road Building 2,347 Ill Customer Service 2,972 701 Water Fund 162,690 112 Human Resources 130 702 Sewer Fund 453,489 113 Communication Services 4,064 703 Storm Drainage Fund 7,074 114 Benefits&Training 5,160 803 Escrow Fund 10,366 115 Risk Management 1,465 807 Benefits Fund 286,189 116 Facilities 55,389 809 Investment Fund 5,435 117 City Center 59,553 130 Assessing 850 Report Totals 2,924,944 131 Finance 1,094 132 Social Services 6 133 Planning -150 135 Information Technology 34,374 136 Wireless Communication 2,622 137 Economic Development 25 150 Park Administration 946 151 Park Maintenance 21,960 153 Organized Athletics 4,310 154 Community Center 4,327 156 Youth Programs 6,244 157 Special Events 167 158 Adult Recreation 4,194 159 Recreation Administration 463 160 Therapeutic Recreation 103 161 Oak Point Pool 89 162 Arts 713 163 Outdoor Center 1,139 164 Park Rental Facilities 365 180 Police 10,470 183 Emergency Preparedness 68 184 Fire 875 185 Animal Control 99 186 Inspections 210 200 Engineering 1,350 201 Street Maintenance 20,532 202 Street Lighting 59,234 203 Fleet Services 45,955 301 CDBG 15,245 303 Cemetary Operation 8 315 Economic Development 2,400 316 WAFTA 18 416 Certificate Debt Fund 3,355 425 Bldg Refunding Bonds 2004 4,314 428 G.O.Improv.Revolving 2005B 450 431 G.O.Improvement Bonds 2006B 550 432 G.O.Improvement Bonds 2006C 814 502 Park Development 327,588 503 Utility Improvement 42,401 506 Improvment Bonds 1996 147,576 509 CIP Fund 560,896 511 Construction Fund 18,210 512 CIP Trails 2,003 517 212/Charlson Intersection 33,657 519 Community Center Referendum 40,601 City of Eden Prairie Council Check Register 10/17/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2543 18,327 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2544 7,669 ANCHOR BANK Interest Bldg Refunding Bonds 2004 2545 11,347 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2546 17,206 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2547 86,854 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2548 28,343 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2549 142,457 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2550 0 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 157257 58 AHERN FIRE PROTECTION Cash Over/Short General Fund 157258 344 ASPEN WASTE SYSTEMS INC. Equipment Repair&Maint Fleet Services 157259 40 BLEEDORN,STEVE Riley Lake Shelter Park Facilities 157260 235 BRINK,PATRICK Mileage&Parking Communication Services 157261 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store 157262 567 CUB FOODS EDEN PRAIRIE Operating Supplies Classes/Programs/Events 157263 45 DUPONT,BRENT Tuition Reimbursement/School Police 157264 1,610 EDEN PRAIRIE LODGING LLC Deposits Escrow 157265 12 FARRELL,LISA Lessons&Classes Ice Arena 157266 100 FUSSELMAN,STEVE Other Contracted Services Arts Initiative 157267 225 GRAWE,JARED Staring Lake Theatre Park Facilities 157268 40,329 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 157269 50 HENNEPIN COUNTY TREASURER-TARP Operating Supplies Planning 157270 335 HOOGENAKKER,KATHLEEN Conference Expense Finance 157271 35 JOHNSON,SYDNEY Program Fee Sports,Fun,&Fitness 157272 149 MCWATERS,LORENE Miscellaneous Communication Services 157273 169 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 157274 13 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 157275 243 QWEST Telephone Forest Hills Park 157276 200 SCHULKE,REED Other Contracted Services Arts Initiative 157277 100 SMITH SHELLEY Other Contracted Services Arts Initiative 157278 22 SOUBA,PATRICIA Program Fee Trips 157279 124 STOVRING,LESLIE Mileage&Parking Storm Drainage 157280 1,470 TABER INC CATERING Other Contracted Services Organizational Services 157281 71 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 157282 64 VERIZON WIRELESS Pager&Cell Phone Street Maintenance 157283 66,422 XCEL ENERGY Electric Public Works/Parks 157284 100 YMCA Staring Lake Bldg Park Facilities 157285 609 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 157286 2,322 CENTERPOINT ENERGY Gas Fire Station#1 157287 87 CINGULAR WIRELESS Pager&Cell Phone Police 157288 210 DEPARTMENT OF LABOR AND INDUST Conference Expense Inspections-Administration 157289 20 ENGLER,KATIE,ASSISTANT DIREC Mileage&Parking City Council 157290 838 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Senior Center 157291 480 MEDICINE LAKE TOURS Special Event Fees Trips 157292 20 MENARDS Operating Supplies Park Maintenance 157293 15 MINNESOTA MUNICIPAL BEVERAGE A Dues&Subscriptions Den Road Liquor Store 157294 340 MITCHELL,SANDY Miscellaneous Information Technology 157295 274 QWEST Telephone Prairie View Park 157296 141 RICCAR Cash Over/Short General Fund 157297 2,595 ST CROIX ENVIRONMENTAL INC Other Contracted Services Infiltration/Inflow Study 157298 171 WAHLEN,RICK Mileage&Parking Utility Operations-General 157299 1,954 WU,LISA Miscellaneous Information Technology 157300 34 YOCUM OIL COMPANY INC Operating Supplies Utility Operations-General 157305 552 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 157306 20 CAPOUCH,ROBIN Program Fee Summer Skill Development 157307 239 CRACAUER,CLIFF Mileage&Parking Fleet Services 157308 122 ECOLAB INC Contract Svcs-Pest Control Community Center Maintenance 157309 85 GE CAPITAL Other Rentals General 157310 8 GLEIT,PAULETTE Lessons&Classes Ice Arena 157311 42 JETER,KARA Training Supplies Fitness Classes 157312 76 MERLINS ACE HARDWARE Supplies-General Bldg Senior Center 157313 832 METRO SALES INCORPORATED* Other Rentals General Check# Amount Vendor/Explanation Account Description Business Unit 157314 313 MID AMERICA FESTIVALS Deposits Escrow 157315 743 NEWTON,J.RANDALL Travel Expense Engineering 157316 162 NORTHERN TOOL Operating Supplies Fire 157317 221 ONCE UPON A STAR Instructor Service Summer Skill Development 157318 109 PETERS,GARY Travel Expense Engineering 157319 312 PETTY CASH-POLICE DEPT Operating Supplies Police 157320 2,415 PLANET SPIRIT Instructor Service Camps 157321 342 PORTA,KITTY Miscellaneous Information Technology 157322 61 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 157323 720 SHAMROCK TOURS Special Event Fees Trips 157324 360 SKYHAWKS SPORTS ACADEMY Other Contracted Services Camps 157325 2,387 SPRINT Wireless Subscription Information Technology 157326 60 VERIZON WIRELESS Pager&Cell Phone Information Technology 157327 350 WALMART COMMUNITY Operating Supplies Elections 157328 34 WAYTEK INC Equipment Parts Fleet Services 157329 4,721 XCEL ENERGY Electric Den Road Liquor Store 157330 254 YOUNG,JOEL AR Utility Water Enterprise Fund 157331 169 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 157332 95 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 157333 7,655 BELLBOY CORPORATION Liquor Prairie View Liquor Store 157334 8,512 DAY DISTRIBUTING Beer Prairie View Liquor Store 157335 32 DTM DISTRIBUTING INC Misc Taxable Den Road Liquor Store 157336 2,248 EAGLE WINE COMPANY Liquor Den Road Liquor Store 157337 381 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 157338 1,630 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 157339 11,933 GRIGGS COOPER&CO Wine Domestic Prairie Village Liquor Store 157340 32,335 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 157341 434 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 157342 20,293 MARK VII Beer Prairie View Liquor Store 157343 815 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 157344 104 MT GLOBAL LLC Wine Domestic Prairie Village Liquor Store 157345 517 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 157346 260 PAT KERNS WINE MERCHANTS Wine Domestic Den Road Liquor Store 157347 2,440 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 157348 65 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 157349 13,494 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 157350 228 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 157351 13,988 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store 157352 234 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 157353 918 SPECIALTY WINES AND BEVERAGES Liquor Prairie Village Liquor Store 157354 10,695 TAYLOR DIST CO OF MN INC Beer Prairie View Liquor Store 157355 14,296 THORPE DISTRIBUTING Beer Den Road Liquor Store 157356 100 TRI COUNTY BEVERAGE&SUPPLY Operating Supplies Den Road Liquor Store 157357 266 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 157358 2,314 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 157359 165 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 157360 270 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 157361 320 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 157362 46 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 157363 60 BHUJLE,DEEPA Program Fee Summer Skill Development 157364 40 BOLD,PAULINE Instructor Service Outdoor Center 157365 1,465 LAMETTRYS COLLISION Insurance Risk Management 157366 85 LESCO INC Landscape Materials/Supp Street Maintenance 157367 3,801 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 157368 1,144 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 157369 20 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 157370 10 MORAN,JACK Operating Supplies Fitness Classes 157371 865 MPCA Licenses&Taxes Water Treatment Plant 157372 100 OTTERNESS,RON Instructor Service Outdoor Center 157373 2,562 QWEST Pager&Cell Phone Sewer Utility-General 157374 2,427 SPORTS UNLIMITED Instructor Service Camps 157375 6,406 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 157376 8 WEBER,ANNETTE Program Fee Leisure Education 157377 821 WYFFELS,BILL Miscellaneous Information Technology 157378 64,503 XCEL ENERGY Electric Street Lighting Check# Amount Vendor/Explanation Account Description Business Unit 157379 10 ZHAO,YAN AR Utility Water Enterprise Fund 157380 280 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 157381 270 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 157382 280 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 157383 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 157384 2,054 ARCH WIRELESS Pager&Cell Phone Wireless Communication 157385 177 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 157386 228 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 157387 295 BENCHMARK PROFESSIONAL SEMINAR Tuition Reimbursement/School Police 157388 67 BIFFS INC Waste Disposal Park Maintenance 157389 130 BOLD,PAULINE Instructor Service Outdoor Center 157390 20 CARVER COUNTY SHERIFF'S DEPART Tuition Reimbursement/School Police 157391 42 CENTERPOINT ENERGY Gas Crestwood Park 157392 268 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 157393 387 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 157394 20 HCJAC Tuition Reimbursement/School Police 157395 370 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 157396 40 HICKMAN,JON Instructor Service Outdoor Center 157397 231 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 157398 252 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation 157399 1,053 OFFICE DEPOT CREDIT PLAN Office Supplies Community Brochure 157400 104 PROTECTION ONE Other Contracted Services Cummins Grill 157401 350 PWC-KORPACZ SURVEY Operating Supplies Assessing 157402 23 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 157403 528 US POSTMASTER-HOPKINS Printing Senior Center Administration 157404 500 WASHINGTON COUNTY SHERIFF'S DE Deposits Escrow 157405 4,623 XCEL ENERGY Electric Traffic Signals 157406 45 YIPA Tuition Reimbursement/School Police 157407 117 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 157408 92 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 157409 7,700 BELLBOY CORPORATION Misc Non-Taxable Prairie View Liquor Store 157410 8,724 DAY DISTRIBUTING Beer Prairie View Liquor Store 157411 1,483 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 157412 569 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 157413 10,369 GRIGGS COOPER&CO Liquor Den Road Liquor Store 157414 1,315 HOHENSTEINS INC Beer Prairie View Liquor Store 157415 19,640 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 157416 6,830 MARK VU Beer Prairie View Liquor Store 157417 822 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 157418 149 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 157419 2,498 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 157420 12,824 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie View Liquor Store 157421 494 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 157422 10,307 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 157423 673 SHAMROCK GROUP,INC-ACE ICE Misc Taxable Den Road Liquor Store 157424 10,501 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 157425 15,603 THORPE DISTRIBUTING Beer Prairie View Liquor Store 157426 837 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 157427 2,168 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 157428 2,429 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 157429 120 AWWA-MINNESOTA SECTION Conference Expense Water Treatment Plant 157430 260 BALDINGER,WENDY Other Contracted Services Reserve 157431 9,018 CARDMEMBER SERVICE Tuition Reimbursement/School Police 157432 320 CARLSON,DAN Conference Expense Police 157433 3,823 CENTURYTEL Telephone Telephone 157434 90 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance 157435 25 CITY OF ST MICHAEL Conference Expense Finance 157436 26 COSTCO Training Supplies Organizational Services 157437 335 CUB FOODS EDEN PRAIRIE Operating Supplies Police 157438 320 DEMANN,JIM Conference Expense Police 157439 110 FEDEX Postage Fire 157440 457 GE CAPITAL Other Rentals General 157441 153 HANSON,PATRICK Mileage&Parking General Facilities 157442 270 HAPPY FACES Other Contracted Services Reserve 157443 430 JM OIL CO Operating Supplies Utility Operations-General Check# . Amount Vendor/Explanation Account Description Business Unit 157444 100 KRAUSE,ALVIN H Special Event Fees Trips 157445 102 LESCO INC Repair&Maint.Supplies Storm Drainage 157446 27,636 LOGIS LOGIS Information Technology 157447 105 MEATH-NELSON,WENDI Other Contracted Services July 4th Celebration 157448 116 MENARDS Repair&Maint.Supplies Park Maintenance 157449 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 157450 76 MTI DISTRIBUTING INC Equipment Parts Fleet Services 157451 91 QWEST Telephone Prairie Village Liquor Store 157452 492 A RIFKIN CO Operating Supplies Elections 157453 498 A S C E-ACCOUNTING DEPARTMENT Conference Expense Engineering 157454 80 A TO Z RENTAL CENTER Other Rentals Senior Center 157455 3,375 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 157456 245 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Services 157457 225 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 157458 139 ACTIVAR Equipment Parts Water Treatment Plant 157459 375 ADMINISTRATION RESOURCES CORP Other Contracted Services Organizational Services 157460 84 ADOLPH KIEFER Operating Supplies Oak Point Operations 157461 555 ADVANTAGEHEALTH Other Contracted Services Organizational Services 157462 99 AFFILIATED EMERGENCY VETERINAR Other Contracted Services Animal Control 157463 615 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 157464 223 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Fire Station#3 157465 304 AL'S COFFEE Merchandise for Resale Concessions 157466 745 ALLIANT ENGINEERING INC Design&Engineering Construction Fund 157467 790 ALT WELL REPAIR&WELL ABANDON Other Contracted Services Rehab 157468 1,026 ALTERNATIVE BUSINESS FURNITURE Supplies-General Bldg Furniture 157469 1,677 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 157470 27 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 157471 480 AUDIOVISUAL INC Miscellaneous Information Technology 157472 289 AUTOMATED ENTRANCE PRODUCTS IN Building Repair&Maint. Den Road Liquor Store 157473 2,711 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 157474 1,961 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 157475 287 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Center Operations 157476 477 BOYER TRUCKS Equipment Parts Fleet Services 157477 1,287 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 157478 1,444 BRYAN,THOMAS Other Contracted Services Rehab 157479 1,234. BUCK,NATHAN Other Contracted Services Softball 157480 18 CAMPBELL KNUTSON,P.A. Legal WAFTA 157481 97 CATCO PARTS SERVICE Equipment Parts Fleet Services 157482 465 CEMENT RAISING INC Other Contracted Services Rehab 157483 2,690 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage P PP e g 157484 490 CTT Conference Expense Information Technology 157485 4,999 CIVIC SYSTEMS LLC Software Capital Impr./Maint.Fund 157486 102 CLAREYS INC Clothing&Uniforms Utility Operations-General 157487 270 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Utility Operations-General 157488 661 COLOR PRINTING Printing Police 157489 304 CONCRETE CUTTING&CORING INC Improvement Contracts CIP Trails 157490 91 CONSTRUCTION MATERIALS INC Small Tools Street Maintenance 157491 801 CORPORATE EXPRESS Office Supplies General 157492 577 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Services 157493 453 CUSTOM WATER WORKS Advertising Communication Services 157494 24,124 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 157495 533 D GORING&ASSOCIATES INC Other Contracted Services Park Maintenance 157496 82 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 157497 91 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 157498 1,707 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 157499 52,515 DELANO ERICKSON ARCHITECTS Design&Engineering Community Center Referendum 157500 51 DELL Office Supplies City Manager 157501 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 157502 40,889 DERMCO-LAVINE CONSTRUCTION CO Improvements to Land Parks Referendum 157503 600 DIPPIN DOTS Merchandise for Resale Concessions 157504 599 DIRECT SAFETY CO Safety Supplies Utility Operations-General 157505 51,427 DIVERSE BUILDING MAINTENANCE Janitor Service Utility Operations-General 157506 2,849 DORSEY&WHITNEY LLP Deposits Escrow 157507 19,017 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 157508 205 DYNA SYSTEMS Operating Supplies Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit 157509 381,395 E-ONE Autos Capital Impr./Maint.Fund 157510 367 EARL F ANDERSEN INC Operating Supplies Park Maintenance 157511 561 ECOLAB INC Contract Svcs-Pest Control Historical Buildings 157512 144 EDEN PRAIRIE APPLIANCE Contract Svcs-General Bldg Senior Center 157513 630 EKLOF DOCKS Other Contracted Services Park Maintenance 157514 6,341 ELECTRIC PUMP Equipment Parts Sewer Liftstation 157515 54,568 ELLINGSON DRAINAGE Improvement Contracts Capital Impr./Maint.Fund 157516 974 EMMONS&OLIVIER RESOURCES INC Other Contracted Services Storm Drainage 157517 475 ESCHELON TELECOM INC Operating Supplies Telephone 157518 176 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study 157519 418 FALCK,TIMOTHY R Other Contracted Services Softball 157520 498 FASTENAL COMPANY Improvements to Land Capital Impr./Maint.Fund 157521 623 FERRELLGAS Gas Riley Lake 157522 3,395 FLOOR CENTER Other Contracted Services Rehab 157523 766 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 157524 157 GILLUND ENTERPRISES Lubricants&Additives Fleet Services 157525 113 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance 157526 1,008 GRAINGER Small Tools Fleet Services 157527 97 GREENMAN TECHNOLOGIES OF MN IN Equipment Repair&Maint Fleet Services 157528 5,868 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 157529 555 GUIDANCE SOFTWARE Miscellaneous Information Technology 157530 4,580 GUNNAR ELECTRIC CO INC Equipment Repair&Maint Purgatory Creek Rec Area 157531 39 HACH COMPANY Laboratory Chemicals Utility Operations-General 157532 29,634 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund 157533 275 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 157534 31,979 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 157535 2,993 HAWKINS INC Treatment Chemicals Water Treatment Plant 157536 168 HEIGL TECHNOLOGIES INC Operating Supplies Community Center Admin 157537 484 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 157538 601 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 157539 216 HOLMES,TOM Other Contracted Services Softball 157540 1,605 ICI DULUX PAINT CTRS Repair&Maint.Supplies Park Maintenance 157541 524 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 157542 2,257 INFRATECH Other Contracted Services Storm Drainage 157543 1,822 INSIGHT PUBLIC SECTOR Capital Under$2,000 Police 157544 6,707 INTEREUM INC Capital Under$2,000 Furniture 157545 750 JOBSINMINNEAPOLIS.COM Employment Advertising Organizational Services 157546 6,713 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 157547 2,257 K&H OUTDOORS,INC Other Contracted Services Park Maintenance 157548 707 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM 157549 2,473 KUSTOM SIGNALS INC Equipment Repair&Maint Police 157550 247 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Sewer Utility-General 157551 292 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 157552 1,065 LANO EQUIPMENT INC Other Rentals Park Maintenance 157553 98 LANO EQUIPMENT OF NORWOOD Operating Supplies Street Maintenance 157554 3,400 LATHROP ELECTRIC Other Contracted Services Rehab 157555 216 LAW ENFORCEMENT TARGETS,INC Training Supplies Police 157556 75 LEROY JOB TRUCKING INC Other Contracted Services Police 157557 661 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Senior Center 157558 351 M R SIGN Signs Park Maintenance 157559 167 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 157560 468 MASTER SPRINKLER SYSTEMS Other Contracted Services Park Maintenance 157561 150 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Services 157562 528 MCGREGOR,RANDY Other Contracted Services Softball 157563 1,173 MENARDS Training Supplies Police 157564 289 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 157565 4,621 METRO CONCRETE RAISING INC Mudjacking Curbs Drainage 157566 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 157567 145 METROPOLITAN FORD Equipment Parts Fleet Services 157568 616 MICHELAU,JOHN Other Contracted Services Softball 157569 21,843 MIDWEST ASPHALT CORPORATION Improvements to Land Parks Referendum 157570 2,000 MIDWEST DESIGN CO Other Contracted Services Communication Services 157571 28,862 MIDWEST PLAYSCAPES Other Assets Parks Referendum 157572 139 MIDWEST SIGN&SCREEN PRINTING Equipment Parts Fleet Services 157573 223 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police Check# Amount Vendor/Explanation Account Description Business Unit 157574 15 MINNESOTA COUNTY ATTORNEYS ASS Tuition Reimbursement/School Police 157575 27,984 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 157576 77 MINNESOTA GLOVE INC Safety Supplies Fleet Services 157577 498 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 157578 287 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 157579 657 MORLEY BURNETT Contract Svcs-General Bldg Community Center Maintenance 157580 2,343 MTI DISTRIBUTING INC Equipment Parts Fleet Services 157581 30 NOKOMIS SHOE SHOP Clothing&Uniforms Utility Operations-General 157582 1,168 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 157583 289 NORTHLAND SECURITIES INC Bond Issue Costs G.O.Improvement Bonds 2006C 157584 5,435 NORTHSHORE ADVISORS LLC Interest Investment Fund 157585 185,462 NORTHWEST ASPHALT Improvements to Land Park Acquisition&Development 157586 158 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Rehab 157587 341 NRG PROCESSING SOLUTIONS Landscape Materials/Supp Park Maintenance 157588 90 NUCO2 INC Chemicals Pool Maintenance 157589 29 OREILLY AUTO PARTS Equipment Parts Fleet Services 157590 79 ORIENTAL TRADING COMPANY INC Operating Supplies Fitness Classes 157591 189 PAM OIL INC Equipment Parts Fleet Services 157592 1,551 PCS TECHNOLOGIES INC Other Hardware Capital Impr./Maint Fund 157593 719 PEPSI COLA COMPANY Merchandise for Resale Concessions 157594 83 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint Information Technology 157595 49 PETSMART Canine Supplies . Police 157596 399 PICKLE,BRAD Operating Supplies Fitness Classes 157597 330 PIRTEK PLYMOUTH Repair&Maint.Supplies Water Treatment Plant 157598 71 POKORNY COMPANY Supplies-Plumbing Park Shelters 157599 2,121 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 157600 159 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Water Treatment Plant 157601 255 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 157602 789 PRECISION FINISHING Signs Traffic Signs 157603 136 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 157604 458 PUSH PEDAL PULL Equipment Repair&Maint Fitness Center 157605 34,887 QUALITY FLOW SYSTEMS INC Improvement Contracts Utility Improvement Fund 157606 277 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 157607 78,314 QUIRING TRUCKING&EXCAVATING Improvements to Land Park Acquisition&Development 157608 85 R&R MARINE INC Equipment Parts Fleet Services 157609 700 RAY,LEE Other Contracted Services Softball 157610 331 REED BUSINESS INFORMATION Advertising Park Acquisition&Development 157611 368 REED,DEVIN M Other Contracted Services Softball 157612 237 ROOT 0 MATIC Building Repair&Maint Water Treatment Plant 157613 38,215 SCHARBER&SONS Machinery&Equipment Capital hnpr./Maint.Fund 157614 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 157615 2,780 SHANNON CHEMICAL CORPORATION Treatment Chemicals Water Treatment Plant 157616 175 SHERWIN WILLIAMS Building Materials Park Maintenance 157617 61 SHRED-IT Legal Notices Publishing City Clerk 157618 53,043 SIGNSOURCE Improvements to Land Capital Impr./Maint Fund 157619 28,755 SM HENTGES&SONS INC Improvement Contracts 212/Charlson Rd.Intersectio 157620 257 SNAP-ON TOOLS Small Tools Fleet Services 157621 11,896 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit 157622 719 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 157623 385 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store 157624 671 SPS COMPANIES Supplies-Plumbing Park Shelters 157625 11,980 SRF CONSULTING GROUP INC Deposits Escrow 157626 1,138 STAR TRIBUNE Employment Advertising Organizational Services 157627 117 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 157628 5,638 STATEWIDE GAS SERVICES Other Contracted Services Rehab 157629 1,016 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 157630 33 STEVENS ENGINEERS Building Capital Impr./Maint Fund 157631 452 T S RAND MANUFACTURING CO INC Equipment Repair&Maint Sewer Liftstation 157632 642 STREICHERS Clothing&Uniforms Police 157633 661 SUBURBAN CHEVROLET Equipment Parts Fleet Services 157634 98 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 157635 2,669 SUMMIT ENVIROSOLUTIONS Process Control Services Water Treatment Plant 157636 393 SUN NEWSPAPERS Legal Notices Publishing City Clerk 157637 200 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 157638 82 TESSCO Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 157639 399 TESSMAN SEED CO Operating Supplies Park Maintenance 157640 146,290 THREE RIVERS CONSTRUCTION Improvement Contracts Improvement Projects 1996 157641 807 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator City Hall-CAM 157642 224 TIMBERWALL LANDSCAPING INC Building Repair&Maint. Capital Impr./Maint.Fund 157643 172 TKDA Other Contracted Services Water System Maintenance 157644 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 157645 639 TOWN&COUNTRY LANDSCAPING OF Other Contracted Services Round Lake 157646 50,432 TRAILSOURCE LLC Improvements to Land Park Acquisition&Development 157647 37 TRANS UNION CORPORATION Tuition Reimbursement/School Police 157648 608 TURFWERKS Equipment Repair&Maint Park Maintenance 157649 493 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 157650 16,345 UNITED ROOFING TWIN CITIES INC Equipment Repair&Maint Capital Impr./Maint.Fund 157651 60 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 157652 103 USA BLUEBOOK Conference Expense Water Treatment Plant 157653 3,073 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General 157654 82 VIDEO SERVICE OF AMERICA Video&Photo Supplies Communication Services 157655 385 WALL TRENDS INC Building Repair&Maint. Utility Operations-General 157656 706 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 157657 948 WATSON CO INC,THE Merchandise for Resale Concessions 157658 1,525 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Improvement Bonds 2006B 157659 2,101 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 157660 8,601 WHEELER LUMBER LLC Improvements to Land Capital Impr./Maint.Fund 157661 2,285 WILKUS ARCHITECTS INC Building Capital Impr./Maint.Fund 157662 11,191 WM MUELLER AND SONS INC Asphalt Overlay Street Maintenance 157663 2,224 WORK CONNECTION,THE Other Contracted Services Park Maintenance 157664 21,325 YALE MECHANICAL INC Building Repair&Maint. Utility Operations-General 157665 75 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 157666 46 ZIEGLER INC Equipment Parts Fleet Services 2,924,944 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Petitions, Requests and Communications October 17,2006 DEPARTMENT/DWISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Robert A.Lambert, Director Parks and Recreation Donations from C.H.Robinson and Super Value Requested Action Move to: Approve the naming rights agreement between C.H.Robinson and the City of Eden Prairie and to accept the donation of$50,000 toward the Community Center addition as per the terms of the naming rights agreement. Move to: Approve the naming rights agreement between Super Value and the City of Eden Prairie and to accept the donation of$100,000 toward the Community Center addition as per the terms of the naming rights agreement. Synopsis Earlier this year the City Council authorized the Eden Prairie Hockey Association to secure donations for the third rink and to offer naming rights of various components within the Community Center as an incentive for those donations. The Council agreed that these donations would be considered as part of the Eden Prairie Hockey Association's requirement to raise one million dollars toward the third rink addition. Bill Clark, Chairman of the Third Rink Fundraising effort for the Hockey Association has provided a letter to the Mayor and City Council regarding these two donations and is requesting the City Council to accept these donations and the naming rights agreements at this time. Mr. Clark will be in attendance at the October 17 meeting to answer any questions the Council may have regarding these donations. Attachment Email from Bill Clark Naming Agreement with C.H. Robinson Naming Agreement with Super Value Page 1 of 2 Robert Lambert i From: BiII8884@aol.com Sent: Tuesday, October 10,2006 8:35 PM To: Robert Lambert Cc: parmitage@mycingular.blackberry.net Subject: Corporate donations to the community center Madame Mayor and City Council Members: 1 As the Chair of the Eden Prairie Hockey Association's Third Rink Fund Raising Committee, I am happy to announce the generous donation of$100,000 from SuperValu, Inc. toward the Community Center Improvement Project. They would like to donate$34,000 in 2006,$33,000 in 2007, and the final$33,000 in 2008. SuperValu, Inc. is requesting naming rights for the Main Rink. l� In addition, I have secured a second donation of$50,000 from C.H. Robinson Co. They would like to donate I $25,000 in 2006 and the final$25,000 in 2007. C.H. Robinson Co. is requesting naming rights on the Child Care room within the expanded area. In order to insure a complete understanding of the terms of the donation and the naming rights the City Attorney has drafted a naming rights agreement form to which SuperValu, Inc. and C.H. Robinson Co. has agreed. i As previously discussed the amount of this donation will be deducted from the Eden Prairie Hockey Association's required contribution toward the Third Rink addition to the Community Center. I I believe the City Council is required to formally accept the donation and the terms of the Naming Rights Agreement prior to actually accepting the check. The Fund Raising Committee has been pleasantly surprised at the generous donations being considered by several large Eden Prairie companies and want to thank SuperValue, Inc. and C.H. Robinson Co.for being the i first to come forward with these gifts to the City. I plan to be back before the Council with additional donations before the end of the year. Sincerely, Bill Clark, Chair, Third Rink Fundraising Committee i i 10/11/2006 i Naming Agreement Between City of Eden Prairie and C.H.Robinson Worldwide, Inc. (Installment Payment) This Naming Agreement("Agreement')is made and entered into as of October 8,2006,by and between City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota ("City")and C.H.Robinson Worldwide,Inc.("Holder"). Recitals A. Holder intends to make a donation in the amount of Fifty Thousand Dollars($50,000) to City in two equal installments. The first installment of the donation has been made I on or about October 8, 2006. The second installment of the donation shall be made on the first year anniversary of the date above. B. The parties desire that Holder's donation to City be recognized by the grant to Holder of the right to associate Holder's name or logo with the Childcare Center located in i the City's Community Center as described herein,(the"Named Subject'). NOW THEREFORE, in consideration of the premises and mutual agreement set forth in this ' Agreement,the parties agree as follows: i I 1. Grant of Right to Name. City grants to Holder the right to designate and use its I following name and/or logo on and with respect to the .Named Subject: C.H. Robinson Worldwide Foundation. The name or logo shall appear on a bronze plaque in the form and size as shown in Exhibit 1 attached hereto (the "Plaque'). The Holder's name or logo shall be displayed in the lobby of the Community Center and in the location of the Named Subject. j 2. Term.The rights granted to Holder hereunder shall be for a term of twenty(20)years beginning with the date as of.which this Agreement is made. I 3. City's.Right to Change Named Subject. a. In the event City desires to remodel, enlarge, decrease, reconfigure or modify in any manner the Named Subject or the Community Center or any part thereof, Holder's rights hereunder are subject to City's right to select an alternative or substitute Named Subject for the designation and use of Holder's name and/or logo ("Substitute Named Subject"), provided, however, City shall use its best efforts to select the Substitute Named Subject. The selection of the Substitute Named Subject shall be made by the City's Manager in his absolute discretion and shall be final. 4. Termination of the Terris by City. a. In the event the City Council determines that the Community Center should be razed,the term of the Holder's naming rights hereunder shall terminate. f b. In the event Holder fails to pay the second installment of the Donation the term of the Holder's naming rights hereunder shall terminate. 5. Termination of Term by Holder. The term of Holder's rights hereunder may be terminated by Holder by giving City notice in writing of its intention'to do so, thirty (30)days prior to the date of termination. 6. Ownership of Plaque upon Termination.Upon termination of the term through the expiration of time or otherwise, the plaque shall be removed from the Named Subject and returned to the Holder. f 7. Exclusive Naming Rights.Holder's rights to designate and use its name and/or logo on and with respect to the Named Subject shall be exclusive during the term hereof. I 8. Representations and Indemnification. a. Representation. Holder represents and warrants to City that it owns and has the right to use in the manner described herein the name or logo described in Exhibit 1 and that the use contemplated by this Agreement does not infringe upon any other person's name,logo,trade name,trademark or service mark. b. Indemnification. Holder shall defend (or, at the option of City, the City may defend at Holder's reasonable expense), indemnify and hold City harmless from all claims,demands,suits,actions,proceedings,losses, fines,expenses, costs, and damages of every kind and description including reasonable altorney's fees and litigation expenses that may be brought or made against or incurred by City' arising out of or related to the use of Holder's name or logo pursuant to this Agreement including but not limited to the infringement of the rights of any other person with respect thereto. 9. Grant of Licenses.Holder hereby grants to City a royalty free,worldwide license to use its name or logo in connection with (a) the operation of the Community Center, (b)the provision of services offered in the Community Center; and(c)advertisements for the promotion of the Community Center, the services provided and the events conducted therein. 10. Limitation of Damages. Neither party herein shall be liable to the other for any indirect, consequential, incidental loss of profits or like expectancy damages arising out of this Agreement. 11. Remedies.In the event of breach of this Agreement by Holder, City shall, in addition to any other remedies provided by law, be entitled to the remedy of specific performance,temporary or permanent injunction or other equitable relief as a remedy for any breach or threatened breach of the provisions of this Agreement. 12. Miscellaneous. a. Modifications. This Agreement constitutes the entire Agreement between the parties and supersedes any prior oral or written understandings or agreements 2 relative to the subjects of this Agreement. This Agreement may be amended only by written instrument signed on behalf of Holder and City by persons duly authorized to do so. b. Governing Law of Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota.Any action or proceeding in any way arising out of or related to this Agreement shall be ; litigated, if at all, in a state or federal court located in Hennepin County, Minnesota { C. Nature of Relationship. It is understood that this is an agreement between independent contractors and that neither party is in any way an agent or employee of the other party. d. Data Practices Act. The Holder 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 possession of the Holder. e. 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 City by delivering it personally to the City Manager, or if it is directed to Holder, by delivering it personally to President, C.H. Robinson Worldwide Foundation, 8100 Mitchell Road, Eden Prairie,MN 55344; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Grantor: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn: City Manager With a copy to: Richard F.Rosow Eden Prairie City Attorney 650 third Ave. South,Suite 1600 Minneapolis,MN 55402-4337 If to Holder: C.H.Robinson Worldwide Foundation Attn:President of Foundation 8100 Mitchell Road Eden Prairie,MN 55344 With a copy to: C.H.Robinson Worldwide, Inc. Attn:Legal Department,Commercial Counsel 8100 Mitchell Road Eden Prairie,MN 55344 3 i s i i Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid;provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other parry,in any manner above specified,ten(10)days prior to the effective date of such change. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. C.H.ROBINSON WORLDWIDE,INC. CITY OF EDEN PRAIRIE By By Chad Lindbloom Nancy Tyra-Lukens Its Vice President and Chief Financial Officer Its Mayor By Scott H.Neal, Its City Manager P:\Home\EP\PARKS\Nammg AgreemenAlDocurnentslNanung Agreement(Installment Payment)2006 08 23.doc 4 i . i f EXHIBIT 1 HOLDER NAME AND LOGO PLAQUE APPEARANCE City shall identify the following Holder name and logo information on the Plaque: I :.'. C.H.ROBINSON WORLDWIDE FOUNDATION,In honor of all C.H.Robinson employees and their families. i [End of Exhibit 1] i I i i i i 6 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director October 17, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Robert A. Lambert, Director Parks and Recreation Proposed employee discounts for companies donating to the Community Center improvement project and/or third rink project. Requested Action Move to: Approve a 25%discount on annual residential memberships for all employees of companies that donate $50,000 or more to the Eden Prairie Community Center improvement project and/or the third rink project for the first full year of operation after the Community Center improvements are completed; and to provide those same companies with a complimentary corporate membership for the life of the naming rights(20 years).A corporate membership would allow all of that company's .employees to be charged the same rate as Eden Prairie residents for daily use fees of the facility, or membership fees;furthermore,any company purchasing naming rights with a donation of$10,000 or more would also get corporate membership rates for the life of their naming rights. Synopsis The Parks,Recreation and Natural Resources Commission unanimously recommended this policy at their October 2 meeting. Although the City has not determined what Community Center memberships and daily use fees will be once the facility is upgraded,City staff would recommend continuing the use of resident and non- resident fees for annual memberships.For example, if a resident household membership costs approximately $400 per year,and a non-resident household membership would cost$560 per year, corporate members would be able assure all of their employees would be able to purchase the resident rate memberships. The Parks,Recreation and Natural Resources Commission recommended the City provide a 25% discount off the resident annual membership rate for the first year of operation for employees of any companies who donate over$50,000 to this project. (They would not get 25%off the daily use fees, but only on the annual membership fee.) The Commission further recommended that the City Council consider offering corporate memberships to Eden Prairie companies for a stipulated fee that would provide all of their employees with resident membership rates. The staff will submit recommendations on the actual fees of the facility during 2008 budget process.