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Home My WebLink AboutCity Council - 06/20/2006 AGENDA CITY COUNCIL WORKSHOP OPEN FORUM/OPEN PODIUM TUESDAY,JUNE 20,2006 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room H I. 2006-2007 BUDGET Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 20, 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 e CITY STAFF: City Manager Scott Neal, Parks & Recreation, irector 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. MRPA AWARD OF EXCELLENCE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. OPEN FORUM\OPEN PODIUM HELD TUESDAY,JUNE 6,2006 B. CITY COUNCIL MEETING HELD TUESDAY, TUESDAY,JUNE 6,2006 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BANEBERRY HOLLOW by Westlake Holding, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 2.51 acres and Zoning District Change from Rural to RM-6.5 on 2.06 acres. Location: 10015 and 10065 Pioneer Trail. (Ordinance for PUD District Review with waivers and Zoning District Change) C. GANDER MOUNTAIN by Oppidan Investment Company. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District P g Change from I-2 to Regional Commercial Service on 4.69 acres, Resolution for Site Plan Review on 4.69 acres. Location: 12150 Technology Drive. (Ordinance for PUD District Review with waivers and Zoning District Change, Resolution for Site Plan Review) CITY COUNCIL AGENDA June 20, 2006 Page 2 D. PRIMROSE SCHOOL OF EDEN PRAIRIE by Primrose School Franchising Company. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 1.8 acres, Resolution for Site Plan Review on 1.8 acres. Location: 7800 Eden Prairie Road. (Ordinance for PUD District Review with waivers and Zoning District Amendment, Resolution for Site Plan Review) E. ADOPT RESOLUTION APPROVING FINAL PLAT OF ERS ESTATES F. ADOPT RESOLUTION APPROVING FINAL PLAT OF GANDER MOUNTAIN G. ADOPT RESOLUTION APPROVING FINAL PLAT OF BANEBERRY HOLLOW H. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE RIDGE AT RILEY CREEK 2 ND ADDITION I. ADOPT RESOLUTION DELCARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING PUBLIC HEARING DATE FOR HILLTOP ROAD STREET & STORM SEWER IMPROVEMENTS, I.C. 05-5642 J. ADOPT RESOLUTION AUTHORIZING ISSUANCE OF $4,290,000 CAPITAL IMPROVEMENT PLAN BONDS SERIES 2006B K. ADOPT RESOLUTION CALLING FOR PUBLIC HEARING TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (TIF) REDEVELOPMENT DISTRICT FOR THE SUPERIOR TECH PROJECT L. APPROVE COLUMBINE ROAD EASEMENT AGREEMENT WITH WELL-PROP MULTI10 LLC (FLAGSHIP ATHLETIC CLUB) M. APPROVE ANNUAL REPORT FOR PHASE II NPDES STORM WATER PERMIT PROGRAM N. AUTHORIZE SALE OF POLICE DEPARTMENT FIREARMS AND EQUIPMENT TO OTHER GOVERNMENTAL AGENCIES O. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE ABC FOUNDATION TO USE CDBG FUNDS FOR REHABILITATION OF THE ABC HOUSE VIII. PUBLIC HEARINGS/MEETINGS IX. PAYMENT OF CLAIMS CITY COUNCIL AGENDA June 20, 2006 Page 3 X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. STUDENT REPRESENTATIVES TO COMMISSIONS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Meeting Minutes Standards C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Center Schematic Comparisons E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.: VI.A. UNAPPROVED MINUTES OPEN FORUNVOPEN PODIUM TUESDAY,JUNE 6,2006 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, Community Development Director Janet Jeremiah,City Attorney Ric Rosow and Council Recorder Deb Sweeny I. OPEN FORUM A. BOB CHEPOLIS—NESBITT PARK Resident Bob Chepolis, of 11128 Highland Terrace, expressed concerns over litter and behavior in Nesbitt Park. He suggested better communication with recent immigrants about cultural expectations in public parks might be needed. Neal agreed to look into that approach. II. OPEN PODIUM A. RICHARD PROOPS—COMMUNITY CENTER Resident Richard Proops, of 9408 Clubhouse Road, opposed additions to the Community Center and expressed a desire for more detail on projects that come up for referendum. III. ADJOURNMENT ITEM NO.: VI. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 6,2006 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 Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. SOUTHWEST METRO UPDATE BY LEN SIMICH Simich reported on Southwest Metro's status as it enters its 200'year. Ridership continues to climb,with a 10% increase in 2005, 20%increase in 2004, and a 15%increase this year to date. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two items to Reports of Councilmembers.Neal added three brief updates to Report of City Manager. MOTION: Butcher moved, seconded by Case,to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,MAY 16,2006 MOTION: Case moved, seconded by Young,to approve the Council Workshop minutes as published. Motion carried 4-0 with Tyra-Lukens abstaining. CITY COUNCIL MINUTES June 6,2006 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,MAY 16,2006 MOTION: Aho moved seconded by approve Case to rove the City Council minutes as published. Motion carried 4-0 with Tyra-Lukens abstaining. VH. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD BID FOR PARK ENTRY SIGNAGE PROGRAM TO SIGN SOURCE,INC. C. ADOPT RESOLUTION NO.2006-72 APPROVING PLANS AND SPECIFICATIONS FOR HILLTOP ROAD IMPROVEMENTS AND ADVERTISING FOR BIDS,I.C. 05-5642 D. APPROVE UTILITY EASEMENT AGREEMENT WITH MAC ACROSS FORMER BEARMAN AND MJOLSNES PROPERTIES E. APPROVE PROPOSAL FROM EMMONS & OLIVIER RESOURCES FOR BOG-MONITORING PROGRAM AT BEARPATH GOLF AND COUNTRY CLUB,I.C.06-5674 F. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 G. ADOPT RESOLUTION NO.2006-73 DECLARING CITY'S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF PROCEEDS OF SUBSEQUENTLY ISSUED BONDS LCOMMUNICATIONS ROOM IMPROVEMENTS) H. AWARD CONTRACT FOR ENGINEERING STUDY FOR CONVERSION OF CITY RADIO FUNCTIONS TO THE 800 MHZ REGIONAL RADIO SYSTEM TO LEONARD KOEHNEN&ASSOCIATES,INC. MOTION: Young moved, seconded by Aho,to approve Items A-H on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. EDEN BLUFF BUSINESS PARK PHASE 2-4 by United Properties. Request for: Planned Unit Development Concept Review on 28.11 acres, Planned Unit Development District Review with waivers on 28.11 acres, Zoning District Change from Rural to Office on 25.52 acres and from Rural to Neighborhood Commercial on 2.59 acres, Site Plan Review on 28.11 acres, Preliminary Plat of 28.11 acres into 3 lots and 1 outlot, Location: Charlson Road and Highway 212. CITY COUNCIL MINUTES June 6,2006 Page 3 (Resolution No.2006-74 for PUD Concept Review,Ordinance for PUD District Review with waivers and Zoning District Change,Resolution No. 2006-75 for Preliminary Plat) Neal said the project is three office buildings totaling 422,076 square feet and an 18,800 square foot retail building. There is a parking setback waiver from 35 feet to 17.5 feet along Charlson Road to create more room for trees between the office buildings and homes to the west. The plan for commercial is conceptual since the building architecture has not been developed.A zoning and site plan review will be required when plans are ready. The Planning Commission voted 7-0 to recommend approval of the project at the May 8, 2006 meeting. Official notice of this public hearing was published in the May 25, 2006,Eden Prairie Sun Current and sent to 127 property owners. Tyra-Lukens asked if there would be berms. The proponent said there is not space but trees would be used for screening. There were no comments from the public. MOTION: Butcher moved, seconded by Aho,to close the Public Hearing; adopt Resolution No. 2006-74 for Planned Unit Development Concept Review on 28.11 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Office on 25.52 acres and from Rural to Neighborhood Commercial on 2.59 acres;adopt Resolution No. 2005-75 for Preliminary Plat on 28.11 acres into four lots; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher,to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho,Butcher,Case,Young and Tyra-Lukens voting«aye.» X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REOUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Birch Island Woods Status CITY COUNCIL MINUTES June 6,2006 Page 4 Case noted the Birch Island Woods purchase was not yet complete. Lambert said the delay is due to the series of approvals needed to take the Cummins-Grill property out of LAWCON requirements. The sale will likely be complete by mid-summer. 2. Water Surcharge Case said the surcharge continues to be viewed as unfair to those with smaller families who use less water in winter. He asked if the new Conservation Commission could study the issue. Dietz noted the formula for the surcharge is not strictly winter/summer—a benchmark of 1.5 times the city average is also used to prevent unfairness to snowbirds, empty nesters and others with low winter water usage. The Conservation Commission would be an appropriate body to look at the issue. 3. City Manager Performance Review and Performance Payment Tyra-Lukens noted after review of performance and progress on goals,the Council concurred in granting City Manager Scott Neal a 3.5%merit award. MOTION: Case moved, seconded by Butcher,to approve the annual performance review of City Manager Scott Neal and to authorize,pursuant to the terms of Section 3 of his employment agreement with the City, a performance payment equal to 3.5 percent of his current annual base salary. Motion carried 5-0. B. REPORT OF CITY MANAGER 1. City Prosecution RFP Neal referred Councilmembers to the timeline and requested input on whether the RFP should be open or targeted, as is done in two neighboring cities. He noted the interview panel has spots for two Councilmembers. 2. Arson at Prairie View Park Shelter Neal said the crime fund has authorized a cash reward. 3. Council Chambers Proiect Neal noted the project would take place between June 20''and July 18t'. CITY COUNCIL MINUTES June 6,2006 Page 5 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Center Parking Lot and Ball Field Renovation Lambert explained the Parks and Recreation Commission recommends Scheme D. This option reduces cost from 2.5 million to $2.0 million p $ ($1.9 million, counting the Baseball Association's contribution). Aho asked why the ball field is rotated in this scheme. Lambert said it is being changed from a softball field to a baseball field and the rotation accommodates the larger size. MOTION: Case moved, seconded by Butcher,to approve Scheme D for the renovation of the parking lot to serve the Community Center and a relocation of the baseball field. Motion carried 5-0. 2. Community Center Addition Lambert and architect Del Erickson reviewed the concept plan. The plan as envisioned costs out at$8.7 million, approximately$2 million more than the community center portion of the parks referendum. Reasons for the increase include: ➢ Added 9,000 square feet to building. ➢ Increase in materials costs for copper, electrical and plastic(up 20%). ➢ A cost estimate generated for the previous failed parks referendum was used and was thus somewhat out of date. Running new estimates carries its own cost, so the 2003 numbers were used. Lambert and Erickson presented a list of$699,500 in cuts and$465,000 in alternates recommended by the Parks and Recreation commission to save costs. Alternates would be bid to see if they would be affordable and might or might not be included. Another source of funding could be to delay construction of Cedar Ridge Park to free up CIP funds for the Community Center, and use developer fees generated when the old Cedar Hills Golf Course is developed for the park. The consensus of the Parks Commission was that it would be better to spend$8 million on a nice facility than to spend$7 million for one people will continue to complain about. MOTION: Butcher moved, seconded by Case,to authorize staff to proceed with the Community Center addition plan that would include approximately$669 500 in deductions and$465 000 in alternates from the Y previously approved concept plan. CITY COUNCIL MINUTES June 6,2006 Page 6 Young asked for clarification on why costs had increased by$2 million over the referendum amount, nearly 30%. He asked for a breakdown of the amount each factor contributed to the increase and whether the increase added to the footprint or functionality of the building. Erickson explained added program areas included a child care area, a multiuse room,two meeting rooms, and 1,500 sq ft of additional office space which will allow Parks program staff and the building manager to be officed on- site. In addition, fitting the program spaces into an overall design (including walls,mechanical areas,hallways, etc.)required a 15-20% increase in square footage instead of the projected 10-15% increase, due to the challenges of working around the existing building. Erickson estimated about half the $2 million increase is due to the increased square footage and half to increased construction costs. Young asked how much would be saved if all 16 deductions considered by the Parks Commission were taken. Lambert said$1.7 million;however, there would be program impacts if this were done. The recommended deductions represent hours of work by the Parks Commission to contain costs while preserving quality and utility. The deductions and alternates bring the square footage back down close to the original plan. Aho noted people would want to know why the increased costs were not included in the referendum in the first place. Lambert said there needs to be some flexibility unless the City wants to spend tens of thousands upfront for architectural drawings prior to voters' approval of a project. Young said a 30%increase is a lot. Case said residents would expect a good facility. After discussion, Council delayed its vote and directed Staff to prepare a visual schematic of the building as recommended by the Parks Commission,with the alternates indicated by color; and a second schematic of what the building would look like if all 16 deductions were taken for Council's consideration at the next meeting. Butcher withdraw her motion and Case his second. 3. Community Center Third Rink Lambert said the budget for the third rink increased from $3.1 million to $3.4 million due to increased electrical and materials costs. The Parks Commission approved the design for a bare-minimum rink, recommending the additional$300,000 come out of general funds rather than the CIP. Neal said the general fund might not be the best choice but options could be explored. Lambert said raising user fees or extending the revenue bonds from 20 to 25 years could also be options. Aho asked how the Hockey Association fundraising is going. The Hockey Association noted it raised$160,000 in the first phase of member fundraising,thanks in part to a$100,000 matching gift. The second phase, CITY COUNCIL MINUTES June 6,2006 Page 7 soliciting business and major donor gifts, is going well and the Association is very optimistic. Case noted this is the full enclosed version of the rink and he would rather see the project scaled back to a roofed rink or even just a refrigerated sheet with footings than not have a third rink at all. Lambert said the outdoor refrigerated sheet,plus electrical buildings and team rooms,was estimated at$700,000. The cost for a roofed but not walled facility was $2.7 million, only a$400,000 difference from the enclosed facility estimate. These options are retained if the Council approves the concept design. MOTION: Butcher moved, seconded by Case,to approve the concept design for a third rink addition subject to the Hockey Association providing$1,000,000 toward this project. Motion carried 5-0. 4. Wading Pool Feasibility Study Lambert said the Parks Commission expressed concerns about the conclusions of the wading pool feasibility study,which evaluated the extent to which a wading pool with toilets, concessions, shade,a large deck space, and an 18-inch zero-depth wading pool with play structure and spray elements could cover its own costs. While the study concluded the pool could pay for itself in 12 years,this finding was based on a standard formula for the upper Midwest and the demographic breakdown. There are no comparable wading pools that do not have an outdoor pool associated with them. Some Commission members also wanted to evaluate usage at Round Lake beach when it re-opens to see if a wading pool is needed. The community center design will leave room on the site and extend piping so the project can be revisited at any future time. MOTION: Aho moved, seconded by Young,to accept the Feasibility Study for the Wading Pool at the Community Center, and table any decision on this project until after bids are let for the Community Center expansion. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Singletree Lane&West 78t6 Street Preliminary Design Neal reported he had met with General Growth and the Chamber of Commerce, and neither sees a problem with the existing intersection. Staff recommends tabling the motion to allow General Growth time to have their own engineering consultant look at the intersection. Dietz noted the potential development of the MTI site is concerning,but the realignment would likely be beneficial to them over what exists now. General Growth is paying for the consultant and City Staff will be included in the discussion. CITY COUNCIL MINUTES June 6,2006 Page 8 MOTION: Case moved, seconded by Aho,to table indefinitely the proposed contract with SRF to provide preliminary design services for the realignment of Singletree/West 78t' Street. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Purchase of New Mid-mount Aerial Fire Truck Assistant Fire Chief Koering said the CIP budgeted an aerial apparatus for this period. The low bid came in under the budgeted amount($800,000) with good value on the trade-in. This new vehicle will replace current truck Ladder 1,purchased in 1989. MOTION: Butcher moved, seconded by Case,to approve purchase of new mid mount aerial(fire truck)from E-One Manufacturing in the amount of$783,850.Motion carried 5-0. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Young, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:17 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20, 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. Amendment to Liquor License 2AM Closing Permit-Renewal Redstone American Grill, Inc Redstone American Grill - 1 - CITY COUNCIL AGENDA DATE: June 20, 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Development/Planning Baneberry Hollow Janet Jeremiah Scott Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 2.51 acres and Zoning District Change on 2.06 acres; and • Approve the Development Agreement for Baneberry Hollow; and • Approve and Authorize Issuance of a Grading Permit for Baneberry Hollow, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated April 19, 2006, as approved by the City Council. Synopsis This project is for a 10 unit twin home development. Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Summary Ordinance 3. Development Agreement BANEBERRY HOLLOW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-2006-PUD-11-2006 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 Planned Unit Development RM-6.5 Zoning District 16-2006-PUD-11-2006 (hereinafter"PUD-1 1-2006-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 20 2006 entered into between Lakewest Holdings, P gT LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-11-2006-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-11-2006-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2006-RM-6.5 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-11-2006-RM-6.5 are justified by the design of the development described therein. D. PUD-11-2006-RM-6.5 is of sufficient size, composition, and arrangement that its construction,marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the RM-6.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-11-2006-RM-6.5 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 16"'day of May, 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 20,'day of June, 2006. ATTEST: Kathleen A.Porta,City Clerk Ron Case,Acting Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A Zoning Legal Description Zoning from Rural to RM-6.5 PARCEL I: That part of the West Half of the Southeast Quarter of Section 25, Township 116, Range 22, lying South of Hennepin County Road No. 1 and lying East of the West 1087.45 feet thereof; more fully described as follows: Beginning at a point in the South line of the Southeast Quarter of said Section 25, distant 1087.45 feet East from the Southwest corner thereof;thence at right angles North, a distance of 520.9 feet to the centerline of County Road No. 1,thence southeasterly along the centerline of said County Road No. 1 to the East line of the West Half of said Southeast Quarter;thence South to the South line of said Section;thence West along said Section line to the point of beginning, EXCEPT the East 100 feet thereof, according to the U.S. Government Survey, Hennepin County, Minnesota. AND That part of the East 100 feet(as measured at right angles) of the West Half of the Southeast Quarter of Section 25, Township 116,Range 22, lying south of a line described as follows: Beginning at a point on the East line of the West Half of the Southeast Quarter of said Section 25, distance 247.00 feet north of the Southeast Corner thereof;thence westerly 100 feet, parallel with the south line of the Southeast Quarter of Section 25,to its intersection with the west line of the East 100 feet of the West Half of said Southeast Quarter, said like there terminating. Zoning Amendment with in the Rural District PARCEL 2: That part of the East 100 feet(as measured at right angels)of the West Half of the Southeast Quarter of Section 25,Township 116,Range 22, lying south of the centerline of Hennepin County Road No. 1 and north of a line described as follows: Beginning at a point on the East line of the West Half of the Southeast Quarter of said Section 25, distant 247.00 feet north of the Southeast Corner thereof;thence westerly 100 feet, parallel with the south line of the Southeast Quarter of Section 25,to its intersection with the west line of the East 100 feet of the West Half of said Southeast Quarter, said line there terminating. BANEBERRY HOLLOW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 16-2006-PUD-11-2006 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 10015 and 10065 Pioneer Trail from the Rural Zoning District to the RM-6.5 Zoning District on 2.06 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 BANEBERRY HOLLOW THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of June 20, 2006,by Lakewest Holdings,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 Guide Plan Change from Low Density Residential to Medium Density Residential on 2.06 acres, Planned Unit Development Concept Review on 2.51 acres, Planned Unit Development District Review with waivers on 2.51 acres, Zoning District Change from Rural to RM-6.5 Zoning District on 2.06 acres,and Preliminary Plat of 2.51 acres into 12 lots and road right of way, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change,Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review on 2.51 acres and Zoning District Change from Rural to RM-6.5 on 2.06 acres, 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 April 19, 2006, reviewed and approved by the City Council on May 16, 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. TEMPORARY ACCESS PERMIT: Prior to any grading,adin alteration or construction on the Property,Developer shall obtain from Hennepin County a permit for temporary construction access to Pioneer Trail,and provide a copy of said permit to the City Engineer. If a permit is not issued from Hennepin County for temporary construction access,the construction access to the site shall be from Lee Drive. 6. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the final plat for the Property,Developer shall provide a Cross Access Easement,Private Utility and Maintenance Agreement over the private streets, utilities and rainwater gardens located within Lot 11, Block 1 of the Property that provides access to Lots 1-12, Block 1 of the Property. In addition,cross access shall be provided to the property to the east(PID 25-116- 22-44-0125), adjacent to the Property. The form of the Agreement must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access and maintenance over the private streets, storm sewers, and rainwater gardens within Lot 11, Block 1. All ofthese facilities shall be privately owned and maintained by the Developer or Owner. After approval by the City,Developer shall file the Cross Access Easement,Private Utility and Maintenance Agreement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Cross Access Easement, Private Utility and Maintenance Agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office in accordance with the requirements of this paragraph. 7. 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. 8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland,wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond,Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 9. HOOK UP TO PUBLIC UTILITIES: Prior to issuance of any occupancy permit for the Property, Developer shall connect a public sanitary sewer and water main to the existing house on Lot 12, Block 1, Baneberry Hollow, as depicted on the Plans. 10. 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. 11. 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 71 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. 12. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplement to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Marlo W. Stueve and Christine C. Stueve 13. PUBLIC USE OF STREETS: All the private streets are open to the use of the public as a matter of right for the purposes of vehicular traffic as defined in Minnesota Statues 169.01, Subd. 29. 14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Rural Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. Lot size of 14, 030 sq. ft. Code requires 10 acres. B. Lot width/depth of 77 ft. and 145 ft., respectively. Code requires 300 ft. C. Side yard setback of 12 ft. one side/total of 27 ft.both sides. Code requires 50 ft. one side/total of 150 ft.both sides. D. Rear yard setback of 27 ft. Code requires 50 ft. 15. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to issuance by City of any permit for grading or building on the Property,Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$1,000 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 16. 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. 17. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Prior to release of any portion of the final plat,Developer shall convey to the city easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the north side of Lee Drive and west side of Baneberry Path connecting to the existing trail along Pioneer Trial as depicted in the Plans. After approval by the City, Developer shall file the access easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the access easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office in accordance with the requirements of this paragraph. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 18. 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 2.51 acres in the amount of$13,919.60. 19. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for streets,public sanitary sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 20. TREE LOSS - TREE REPLACEMENT: There are 526 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 404 diameter inches. Tree replacement required is 413 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 413 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Lakewest Holdings, 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 Lakewest Holdings,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—BANEBERRY HOLLOW Legal Description Before Final Plat That part of the West Half of the Southeast Quarter of Section 25,Township 116,Range 22, lying South of Hennepin County Road No. 1 and lying East of the West 1087.45 feet thereof,more fully described as follows:Beginning at a point in the South line of the Southeast Quarter of said Section 25, distant 1087.45 feet East from the Southwest Corner thereof; thence at right angles North a distance of 520.90 feet to the centerline of said County Road No. 1;thence Southeasterly along the centerline of said County Road No. 1 to the East line of the West half of said Southeast Quarter; thence South to the South line of said Section;thence West along said Section line to the point of beginning,except the East 100.00 feet thereof,according to the U.S.Government Survey,Hennepin County,Minnesota. That part of the East 100 feet(as measured at right angles)of the West Half of the Southeast Quarter of Section 25, Township 116,Range 22, lying South of the centerline of Hennepin County Road No. Legal Description After Final Plat Lots 1-12,Block 1,BANEBERRY HOLLOW EXHIBIT B DEVELOPMENT AGREEMENT —BANEBERRY HOLLOW PLANS LIST OF MATERIALS 1. Sheet Index dated 4/18/06 by Schoell Madson 2. Sheet 2 of 8 Existing Conditions&Removals Plan dated 4/18/06 by Schoell Madson 3. Sheet 3 of 8 Preliminary Plat dated 4/5/06 by Schoell Madson 4. Sheet 4 of 8 Preliminary Grading, Drainage, &Erosion Control Plan dated 4/18/06 by Schoell Madson 5. Sheet 5 of 8 Preliminary Utility Plan dated 4/5/06 by Schoell Madson 6. Sheet 6 of 8 Preliminary Tree Preservation Plan dated 4/5/06 by Schoell 7. Sheet 7 of 8 Preliminary Landscape Plan dated 4/18/06 by Schoell Madson 8. Sheet 8 of 8 Preliminary Landscape Plan Notes dated 4/18/06 by Schoell Madson 9. Architectural Building Elevations stamp dated"Received"April 19, 2006 10.Aerial Site Exhibit dated 1/26/06 by Schoell Madson EXHIBIT C DEVELOPMENT AGREEMENT—BANEBERRY HOLLOW 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 ofwalks,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: Marlo W. Stueve and Christine C. Stueve With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn. Stat.,Sec. I I5B.01,et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection,and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. Xl. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(I" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms 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—BANEBERRY HOLLOW 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 Lakewest Holdings, 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 $13,919.60 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 of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 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 ofthe special assessments contemplated by Paragraph 1 hereofthe City may upon request ofthe owner ofthe 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 Lakewest Holdings,LLC A Minnesota Municipal Corporation A Minnesota limited liability company By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Nancy Tyra-Lukens,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 ,the of Lakewest Holdings,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 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN LAKEWEST HOLDINGS, LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of June 20,2006,by and between Marlo W. Stueve and Christine C.Stueve,husband and wife,("Owner"),and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Guide Plan Change,Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to RM-6.5,and Resolution No. for Preliminary Plat,as more fully described in that certain Development Agreement entered into as of June 20,2006,by and between West Lake Development Company, LLC, a Minnesota limited liability company, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Lakewest Holdings,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. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to RM-6.5, and Resolution No. for Preliminary Plat, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner,their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By Marlo W. Stueve Nancy Tyra-Lukens Its Mayor By Christine C. Stueve 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 Marlo W. Stueve and Christine C. Stueve, husband and wife. Notary Public EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat That part of the West Half of the Southeast Quarter of Section 25,Township 116,Range 22, lying South of Hennepin County Road No. 1 and lying East of the West 1087.45 feet thereof,more fully described as follows:Beginning at a point in the South line of the Southeast Quarter of said Section 25, distant 1087.45 feet East from the Southwest Corner thereof; thence at right angles North a distance of 520.90 feet to the centerline of said County Road No. 1;thence Southeasterly along the centerline of said County Road No. 1 to the East line of the West half of said Southeast Quarter; thence South to the South line of said Section;thence West along said Section line to the point of beginning,except the East 100.00 feet thereof,according to the U.S.Government Survey,Hennepin County,Minnesota. That part of the East 100 feet(as measured at right angles) of the West Half of the Southeast Quarter of Section 25, Township 116, Range 22, lying South of the centerline of Hennepin County Road No. Legal Description After Final Plat Lots 1-12,Block 1, BANEBERRY HOLLOW CITY COUNCIL AGENDA DATE: June 20, 2006 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.C. Community Development/Planning Gander Mountain Janet Jeremiah Regina Herron and Scott A.Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers, and Zoning District Change on 4.69 acres; and • Adopt the Resolution for Site Plan Review on 4.69 acres; and • Approve the Development Agreement for Gander Mountain; and • Approve and Authorize Issuance of a Grading Permit for Gander Mountain, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated May 25, 2006, as approved by the City Council. Synopsis This project is for a 65,698 square foot Gander Mountain retail store. Background The City Council is approving the Gander Mountain project with an ordinance to remove the I-2 Zoning District and place the land in Planned Unit Development PUD-12-2006-C-REG-SER, and a resolution approving the site plan review. These approvals are contingent upon receipt by the City of evidence of filing of the fully- executed and acknowledged "Gander Mountain Development Agreement" no later than July 10, 2006. This is to allow KTJ Limited Partnership One Hundred Thirty-Four to close on the property in conformance its purchase agreement with Valmont Coatings,Inc,the seller. KTJ Limited Partnership One Hundred Thirty-Four and Valmont Coatings, Inc inform us that their purchase agreement requires that all zoning approvals be obtained prior to closing on the property. Staff is unwilling to recommend approval without an executed and acknowledged development agreement, so the ordinance has been prepared with the following conditions. • The approvals granted by the City as set forth in the Ordinance and Resolution are contingent upon receipt by the City of evidence of filing of the fully-executed and acknowledged"Gander Mountain Development Agreement"no later than July 10, 2006. The approvals granted by the City include rezoning the land from the I-2 Zoning District to the Commercial Regional Service Zoning District including the land in the Planned Unit Development PUD-12-2006-C-REG-SER. • The Ordinance and Resolution become effective from and after passage, publication of the Ordinance and receipt by the City of evidence of filing of the Gander Mountain Development Agreement as set forth above. Publication will not occur until the City has received such evidence of filing of the Gander Mountain Development Agreement. If the City does not receive such evidence of filing of the Gander Mountain Development Agreement by July 10, 2006,the approvals granted are null and void. KTJ Limited Partnership One Hundred Thirty-Four is scheduled to close on the property on June 26, 2006. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement GANDER MOUNTAIN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 17-2006-PUD-12-2006 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 THE 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 Planned Unit Development Commercial Regional Service Zoning District 17-2006-PUD-12-2006 (hereinafter"PUD-12-2006-C-REG-SER"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 20, 2006, entered into between KTJ Limited Partnership One Hundred Thirty-Four and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-12-2006- C-REG-SER, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-12-2006-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-12-2006-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. II C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-12-2006-C-REG-SER are justified by the design of the development described therein. D. PUD-12-2006-C-REG-SER is of sufficient size, composition, and arrangement that its construction,marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. Contingent upon receipt by the City of evidence of filing of the fully- executed and acknowledged"Gander Mountain Development Agreement"no later than July 10, 2006,the proposal is hereby removed from the I-2 Zoning District, and placed in the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development PUD- 12-2006-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage, publication and receipt by the City of evidence of filing of the fully-executed and acknowledged Gander Mountain Development Agreement as set forth in Section 5 above. Publication shall not occur until the City has received evidence of filing of the Gander Mountain Development Agreement. If the City does not receive evidence of filing of the Gander Mountain Development Agreement as set forth in Section 5 above by July 10,2006,the approvals granted herein are null and void. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16"'day of May, 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 20t'day of June, 2006. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A Gander Mountain Legal Description Lot 1, Block 1 Gander Mountain GANDER MOUNTAIN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 17-2006-PUD-12-2006 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 12150 Technology Drive from the I-2 Zoning District to the Commercial Regional Service Zoning District on 4.69 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.) GANDER MOUNTAIN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR GANDER MOUNTAIN BY KTJ LIMITED PARTNERSHIP ONE HUNDRED THIRTY-FOUR WHEREAS, KTJ Limited Partnership One Hundred Thirty-Four, has applied for Site Plan approval of Gander Mountain to construct an 65,698 square foot retail building, by an Ordinance approved by the City Council on June 20, 2006; and WHEREAS,the Planning Commission reviewed said application at a public hearing at its April 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 March 16,2006 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that, contingent upon receipt by the City of evidence of filing of the fully-executed and acknowledged "Gander Mountain Development Agreement" no later than July 10, 2006, site plan approval be granted to KTJ Limited Partnership One Hundred Thirty-Four, based on plans stamp dated May 25, 2006, between KTJ Limited Partnership One Hundred Thirty-Four, and the City of Eden Prairie. BE IT FURTHER RESOLVED THAT this Resolution shall become effective from and after its passage, publication and receipt by the City of evidence of filing of the fully executed and acknowledged Gander Mountain Development Agreement. If the City does not receive evidence of filing of the Gander Mountain Development Agreement as set forth above by July 10, 2006,the approval granted herein is null and void. ADOPTED by the City Council of the City of Eden Prairie this 20th day of June, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT GANDER MOUNTAIN THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of June 20, 2006, by KTJ Limited Partnership One Hundred Thirty-Four, a Minnesota Limited Partnership, 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 Guide Plan Change from Industrial to Regional Commercial on 4.69 acres, Planned Unit Development Concept Review on 4.69 acres, Planned Unit Development District Review with waivers on 4.69 acres, Zoning District Change from I-2 to Commercial Regional Service Zoning District on 4.69 acres, Site Plan Review on 4.69 acres,and Preliminary Plat of 4.69 acres into 1 lot and right of way,legally described on Exhibit A (the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2006-69 for Guide Plan Change, Resolution No. 2006-70 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from I-2 to Commercial Regional Service on 4.69 acres,Resolution No. for Site Plan Review,and Resolution No.2006-71 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 May 25, 2006, reviewed and approved by the City Council on May 16, 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. 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. Prior to issuance of any occupancy permit for the Property, Developer shall complete the approved fence and landscaping, in accordance with Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the.Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland,wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. 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. 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 ofthe 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 of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number A. Front yard setback to parking of 17.5 feet along Highway 5. City code requires 35 feet. B. Front yard setback to parking of 10 feet along Technology Drive. City code requires 17.5 feet. C. Parking ratio of 4.5 stalls per 1000 gross square feet of building area. Code requires 6 per 1000 square feet. D. Shoreland waivers for Lake Idlewild, a Recreation Development Water: a. Impervious surface of 69.41%. Code maximum is 30%. b. Lot size of 4.69 acres. Code requires 10 acres. 11. 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. 12. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located from the building and parking lot to Technology Drive that aligns with the existing driveway to Emerson Management (the north side of Technology Drive) as depicted in the Plans. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 13. 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. 14. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 15. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit D,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 0.57 acres in the amount of$3,397.20. 16. TECHNOLOGY DRIVE AND PUBLIC SANITARY SEWER RELOCATION PLANS: Prior to issuance by the City of any permit for the construction of Technology Drive and the public sanitary sewer relocation for the Property,Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for the public street, sanitary sewer,and storm sewer.Developer shall construct the public street,sanitary sewer and storm sewer utility improvements.Technology Drive improvements shall be consistent as shown in Exhibit B Plans which include upgrading the northern half of Technology Drive to an urban section, constructing a second westbound lane and storm sewer within Technology Drive as necessary. In addition, the Developer shall construct a full width 2" mill and overlay for the segment of Technology Drive that is adjacent to the Property. The public sanitary sewer shall be consistent as shown in Exhibit B Plans. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings.Developer shall complete implementation of the approved plans prior to issuance of any occupancy permit for the Property. 17. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 18. WETLAND PLAN: Prior to release of the final plat for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan for management of the area to be placed under a conservation easement, including the stormwater ponding area(pond), for wetland mitigation. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Annual Buffer Strip Evaluation: Prior to release ofthe final plat for any portion of the Property, Developer shall submit a signed contract with a qualified wetland consultant,as determined by the City Manager and/or designee,for preparation of an Annual Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the pond and buffer strip(s)and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the pond and/or buffer strip(s). The first Annual Buffer Report shall be submitted no later than November I of the calendar year in which construction of the pond and/or buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed,at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the pond(s)and buffer strip(s)to determine if the wetland(s)and/or buffer strip(s)remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Prior to release of the final plat for the Property, Developer shall submit a Conservation Easement attached as Exhibit E, for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. D. Buffer Strip Monuments: Prior to release of the first building permit for any portion of the Property, and prior to recording of any document affecting the including an mortgage ranted b the Developer or owners their property, g Yg Y p successors and/or assigns,Developer shall install all buffer strip monuments for the property. Buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a label or decal pre-approved by the City that states "Wetland Buffer: No Mowing Allowed". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. E. Performance Bond: Prior to release of the final plat for any portion of the Property, Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security") equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 19. DISCLOSED ENVIRONMENTAL CONDITIONS: The parties acknowledge that Developer has disclosed to the City that the site is the subject of certain environmental remediation activities, for certain solvents and other materials, being administered by the Minnesota Pollution Control Agency in their files known as MPCA Project Numbers VP5450 (Applied Coating Technologies Site, 12150 Technology Drive, Eden Prairie) and VP5451 (Applied Coating Technologies Site#2, 12150 Technology Drive,Eden Prairie)(the "MPCA Remediation File"). All Hazardous Substances that have been reported to exist on the property in the MPCA Remediation File shall be defined herein as the "Disclosed Environmental Conditions". 20. RELEASE OF CERTAIN COMPLETED OBLIGATIONS: Upon written request from the Owner,the City will consider releasing the Property from specific obligation(s)of this Agreement,provided the obligations from which the Owner seeks to be released have been fully and satisfactorily completed and provided further that said obligations are not of a continuing and ongoing nature. 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 KTJ Limited Partnership One Hundred Thirty-Four, MLP 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 20th day of June,2006,by Nancy Tyra- Lukens and Scott H.Neal,respectively the Mayor and the City Manager ofthe 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 June, 2006, by the , of KTJ Limited Partnership One Hundred Thirty-Four,a Minnesota Limited Partnership and by ,the ,of KTJ Limited Partnership One Hundred Thirty-Four, a Minnesota Limited Partnership, on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—GANDER MOUNTAIN LEGAL DESCRIPTION BEFORE: PARCEL A That part of the SE '/4 of the SW '/a of Section 11, Township 116, Range 22, Hennepin County Minnesota described as follows: Commencing at a point on the South line of said '/4 - '/4 distant 292.45 feet East of the Southwest corner thereof;thence North along a line drawn parallel with the West line of said '/4- '/4 distant 27.66 feet to a point in the Northerly right of way line of Old State Highway No. 5, said point being the actual point of beginning;thence Easterly along said right of way line 150.0 feet; thence North parallel with said West line 361.0 feet more or less to the Southerly right of way line of New State Highway No. 5; thence Westerly along said right of way line 151.2 feet more or less to its intersection with a line drawn North parallel with said West line from the point of beginning; thence South along said parallel line 380.11 feet more or less to the point of beginning. PARCEL B That part of the Southeast'/4 of the Southwest'/4 of Section 11,Township 116 North,Range 22 West ofthe 5t`Principal Meridian,Hennepin County,Minnesota,described as follows:Commencing at a point on the South line of said Southeast '/4 of the Southwest '/4 distant 292.45 feet East of the Southwest corner thereof; thence North along a line drawn parallel with the West line of said Southeast'/4 of the Southwest '/4 distant 27.66 feet more or less to a point in the Northerly right of way line of Old State Highway No.5,said point being the actual point of beginning;thence Easterly along said Northerly right of way line 937.5 feet to a monument; thence North 33.3 feet to a monument in the Southerly right of way line of New State Highway No. 5;thence Westerly along said Southerly right of way line 1005.6 feet more or less to its intersection with said parallel line; thence South along said parallel line 380.11 feet more or less to the actual point of beginning. EXCEPT That part of the SE '/4 of the SW '/a of Section 11, Township 116, Range 22, Hennepin County Minnesota described as follows: Commencing at a point on the South line of said '/4 - '/4 distant 292.45 feet East of the Southwest corner thereof;thence North along a line drawn parallel with the West line of said '/4 - '/4 distant 27.66 feet to a point in the Northerly right of way line of Old State Highway No. 5, said point being the actual point of beginning;thence Easterly along said right of way line 150.0 feet; thence North parallel with said West line 361.0 feet more or less to the Southerly right of way line of New State Highway No. 5;thence Westerly along said right of way line 151.2 feet more or less to its intersection with a line drawn North parallel with said West line from the point of beginning; thence South along said parallel line 380.11 feet more or less to the point of beginning. Subject to easements and restriction, if any,that appear of record. AFTER: Lot 1, Block 1 Gander Mountain EXHIBIT B DEVELOPMENT AGREEMENT—GANDER MOUNTAIN PLANS LIST OF MATERIALS Sheet A200, Parking Level Floor Plan dated 05/15/06 by Ryan Companies Sheet A201, Level 1 Floor Plan dated 05/15/06 by Ryan Companies Sheet A202, Level 2 Floor Plan dated 05/15/06 by Ryan Companies Sheet A301,Exterior Elevations dated 05/15/06 by Ryan Companies Sheet A302, Exterior Elevations dated 05/15/06 by Ryan Companies Coversheet Index dated 05/08/06 by Schoell Madson Sheet C2,Existing Conditions Plan dated 04/17/06 by Schoell Madson Sheet C3, Preliminary Plat dated 04/17/06 by Schoell Madson Sheet C4, Preliminary Site Plan dated 04/17/06 by Schoell Madson Sheet C5, Preliminary Grading Drainage&Erosion Control Plan dated 05/08/06 by Schoell Madson Sheet C6,Preliminary Utility Plan dated 05/08/06 by Schoell Madson Sheet C7, Preliminary Technology Drive Plan dated 02/03/06 by Schoell Madson Sheet TPI,Preliminary Tree Preservation Plan dated 04/17/06 by Schoell Madson Sheet L1, Preliminary Landscape Plan dated 05/05/06 by Schoell Madson Sheet LT I,Lighting Plan dated 12/16/05 by Ryan Companies EXHIBIT C DEVELOPMENT AGREEMENT— GANDER MOUNTAIN 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 ofthe 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 ofthis 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. V11. Developer represents that it has marketable fee title to the Property, except: 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. Except for the Disclosed Environmental Conditions identified in paragraph 20 of the Agreement tthe 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. Except for the Disclosed Environmental conditions identified in paragraph 20 of the Agreement, 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), and City SAC and City water access charge (WAC),. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(I = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/z by 6 inch sign or decal reading "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— GANDER MOUNTAIN 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 KTJ Limited Partnership One Hundred Thirty- Four,a Minnesota Limited Partnership-(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: 1. The Owner consents to the levying of assessments against the Property in the amount of $3,397.20 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 of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 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 roe affected,without the tY Y p q property 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 PRAIIUE KTJ Limited Partnership One Hundred A Minnesota Municipal Corporation Thirty-Four,MLP By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 92006, 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 the_ a Minnesota ,on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT E DEVELOPMENT AGREEMENT— MOUNTAIN GANDER CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this 20t'day of June, 2006 by and between KTJ Limited Partnership One Hundred Thirty-Four, a Minnesota Limited Partnership,hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the 'Basement Area", attached hereto; NOW,THEREFORE,in consideration ofthe premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and Y Y scenic easement in, under, on, and over the "Easement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building,road, sign,billboard,utility,or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash,waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement,and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may,no more than once per calendar year,remove sediment caused by stormwater drainage into,a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used,employed,deposited,stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. Except for the Disclosed Environmental Conditions (hereinafter defined), that Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. Except for the Disclosed Environmental Conditions,that no previous owner,operator or possessor of the easement area,deposited,stored, disposed of,placed,or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 7. The parties acknowledge that Grantor has disclosed to the City that the site is the subject of certain environmental remediation activities,for certain solvents and other materials, being administered by the Minnesota Pollution Control Agency in their files known as MPCA Project Numbers VP5450 (Applied Coating Technologies Site, 12150 Technology Drive, Eden Prairie) and VP5451 (Applied Coating Technologies Site #2, 12150 Technology Drive, Eden Prairie) (the "MPCA Remediation File"). All Hazardous Substances that have been reported to exist on the property in the MPCA Remediation File shall be defined herein as the"Disclosed Environmental Conditions". IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE KTJ Limited Partnership One Hundred Thirty-Four, MLP NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H.Neal Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by , the a Minnesota on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A "THE PROPERTY" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT B "EASEMENT AREA" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT C "EASEMENT AREA"DIAGRAM CITY COUNCIL AGENDA DATE: June 20, 2006 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.D. Community Development/Planning primrose School of Eden Prairie Janet Jeremiah Scott A. Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers, and Zoning District Amendment within the Office Zoning District on 1.8 acres; and • Adopt the Resolution for Site Plan Review on 1.8 acres; and • Approve the Development Agreement for Primrose School of Eden Prairie; and • Approve and Authorize Issuance of a Grading Permit for Primrose School of Eden Prairie, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated February 23, 2006, as approved by the City Council. Synopsis This project is for an 11,000 square foot child care facility and outside activity area. Background The City Council is approving the Primrose School of Eden Prairie project with an ordinance to amend the property within the Office Zoning District, and including the land in Planned Unit Development PUD-8-2006-OFC, and a resolution approving the site plan review. These approvals are contingent upon receipt by the City of evidence of filing of the fully- executed and acknowledged"Primrose School of Eden Prairie Development Agreement"no later than July 18, 2006. This is to allow Primrose School Franchising Company to close on the property in conformance its purchase agreement with Park Nicollet Clinic,the seller. Primrose School Franchising Company and Park Nicollet Clinic inform us that their purchase agreement requires that all zoning approvals be obtained prior to closing on the property. Staff is unwilling to recommend approval without an executed and acknowledged development agreement, so the ordinance has been prepared with the following conditions. • The approvals granted by the City as set forth in the Ordinance and Resolution are contingent upon receipt by the City of evidence of filing of the fully-executed and acknowledged "Primrose School of Eden Prairie Development Agreement" no later than July 18, 2006. The approvals granted by the City include amending the zoning the land within the Office Zoning District and including the land in the Planned Unit Development PUD-8-2006-017C. • The Ordinance and Resolution become effective from and after passage, publication of the Ordinance and receipt by the City of evidence of filing of the Primrose School of Eden Prairie Development Agreement as set forth above. Publication will not occur until the City has received such evidence of filing of the Primrose School of Eden Prairie Development Agreement. If the City does not receive such evidence of filing of the Primrose School of Eden Prairie Development Agreement by July 18, 2006, the approvals granted are null and void. Primrose School Franchising Company is scheduled to close on the property on July 14, 2006. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Amendment 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement PRIMROSE SCHOOL OF EDEN PRAIRIE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 11-2006-PUD-8-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN THE 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 Office Zoning District and be placed in Planned Unit Development Office Zoning District 11-2006-PUD-8-2006 (hereinafter"PUD-8-2006-OFC"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 20,2006, entered into between Primrose School Franchising Company and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-8-2006-OFC, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-8-2006-OFC is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2006-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-8-2006-OFC are justified by the design of the development described therein. D. PUD-8-2006-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. Contingent upon receipt by the City of evidence of filing of the fully- executed and acknowledged"Primrose School of Eden Prairie Development Agreement"no later than July 18, 2006,the proposal is hereby adopted and the land shall be, and hereby is amended within the Office Zoning District, and shall be, and hereby is included hereafter in the Planned Unit Development PUD- 8-2006-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, publication and receipt by the City of evidence of filing of the fully-executed and acknowledged Primrose School of Eden Prairie Development Agreement as set forth in Section 5 above. Publication shall not occur until the City has received evidence of filing of the Primrose School of Eden Prairie Development Agreement. If the City does not receive evidence of filing of the Primrose School of Eden Prairie Development Agreement as set forth in Section 5 above by July 18, 2006,the approvals granted herein are null and void. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 8t'day of March, 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 20t'day of June, 2006. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A Primrose School of Eden Prairie Legal Description Lot 13,Block 2,Mitchell Lake Estates, according to the recorded plat thereof, Hennepin County, Minnesota PRIMROSE SCHOOL OF EDEN PRAIRIE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 11-2006-PUD-8-2006 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 7800 Eden Prairie Road within the Office Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) PRIMROSE SCHOOL OF EDEN PRIAIRE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2006- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRIMROSE SCHOOL OF EDEN PRAIRIE BY PRIMROSE SCHOOL FRANCHISING COMPANY WHEREAS, Primrose School Franchising Company,has applied for Site Plan approval of Primrose School of Eden Prairie to construct an 11,000 square foot child care facility, by an Ordinance approved by the City Council on June 20, 2006;and WHEREAS,the Planning Commission reviewed said application at a public hearing at its February 13, 2006 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its March 8, 2006 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that, contingent upon receipt by the City of evidence of filing of the fully-executed and acknowledged "Primrose School of Eden Prairie Development Agreement" no later than July 18, 2006, site plan approval be granted to Primrose School Franchising Company, based on plans stamp dated February 23, 2006, between Primrose School Franchising Company, and the City of Eden Prairie. BE IT FURTHER RESOLVED THAT this Resolution shall become effective from and after its passage, publication and receipt by the City of evidence of filing of the fully executed and acknowledged Primrose School of Eden Prairie Development Agreement. If the City does not receive evidence of filing of the Primrose School of Eden Prairie Development Agreement as set forth above by July 18, 2006,the approval granted herein is null and void. ADOPTED by the City Council of the City of Eden Prairie this 20th day of June, 2006. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A.Porta, City Clerk DEVELOPMENT AGREEMENT PRIMROSE SCHOOL OF EDEN PRAIRIE THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of June 20, 2006, by Primrose School Franchising Company, a Georgia 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 1.8 acres,Planned Unit Development District Review with waivers on 1.8 acres,Zoning District Amendment within the Office Zoning District on 1.8 acres, and Site Plan Review on 1.8 acres, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Office Zoning District on 1.8 acres, and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated February 23,2006,reviewed and approved by the City Council on March 8, 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. 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 STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland,wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond,Developer shall certify to the City that the water quality pond conforms to the final grading plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. 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/TREE REPLACEMENT 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/tree replacement plan for the Property depicting a total of 36 caliper inches. The approved landscape/tree replacement 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/tree replacement plan in accordance with the terms and conditions of Exhibit C. 9. PROOF OF PARKING SPACES: Developer and City acknowledge that the 7 proof of parking spaces proposed for the Property,depicted in the Plans,are designated for use by the development and that said spaces are not required to be constructed at this time. At such time as the City Manager,in his or her sole discretion,determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number,location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Office Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. Front yard setback to parking of 10 feet along Terrey Pine Court. City code requires 17.5 feet. 11. RIGHT-OF-WAY EASEMENTS: Prior to conveyance of the Property to Developer, Developer shall deliver in a recordable form for review and approval b the City Engineer, p Pp y tY g an easement for right-of-way and utility purposes easements in the form attached as Exhibits D, in the following locations to accommodate future right-of-way improvements: A. A 15-foot wide easement parallel to County Road 4(Eden Prairie Road)for the full length of the Property as depicted in the Plans. B. An additional 5-foot wide easement along Terrey Pine Drive for the full length ofthe Property as depicted in the Plans. C. An additional 20-foot by 20-foot easement corner in the northwest corner of the County Road 4/Terrey Pine Drive intersection as depicted in the Plans. The roadway easements shall be recorded by Developer at the time of conveyance of the deed to the Property from Park Nicollet Clinic to Developer. Developer shall file this Development Agreement and roadway easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the deed,and prior to recording of any document affecting the Property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Immediately after recording of this Development Agreement and the road easements Developer shall submit to the City Engineer proof that this Development Agreement and the roadway easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. No building permit shall be issued until proof of filing of the Development Agreement and road easements in accordance with the terms of this Agreement has been furnished to the City. 12. 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. 13. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 14. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building, include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE. Primrose School Franchising Company By By Its Nancy Tyra-Lukens Its Mayor By By_ ItsScott 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 Primrose School Franchising Company,a Georgia , on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT— PRIMROSE SCHOOL OF EDEN PRAIRIE Legal Description: Lot 13, Block 2,Mitchell Lake Estates, according to the recorded plat thereof,Hennepin County, Minnesota. EXHIBIT B DEVELOPMENT AGREEMENT— PRIMROSE SCHOOL OF EDEN PRAIRIE PLANS LIST OF MATERIALS 1. Cl Cover Sheet dated 01/26-06 by Hansen Thorp Pellinen Olson, Inc. 2. C2 Existing Conditions dated 01/26/06 by Hansen Thorp Pellinen Olson, Inc. 3. C3 Site Plan dated 01/26/06 by Hansen Thorp Pellinen Olson, Inc. 4. C4 Grading and Drainage Plan dated 01/26/06 by Hansen Thorp Pellinen Olson, Inc. 5. L1 Landscape plan dated 01/26/06 by Hansen Thorp Pellinen Olson,Inc. 6. L2 Landscape Details dated 01/26/06 by Hansen Thorp Pellinen Olson, Inc. 7. L3 Tree Preservation dated 01/26/06 by Hansen Thorp Pellinen Olson, Inc. 8. A-1.3 Licensing/Egress Plan dated 02/20/06 by Children's Design Group 9. A-2 Site Details dated 12/08/05 by Children's Design Group 10.A-4 Exterior Elevations dated 02/20/06 by Children's Design Group EXHIBIT C DEVELOPMENT AGREEMENT-PRIMROSE SCHOOL OF EDEN PRAIRIE 1. Prior to release of any building ermit, Developer shall submit to the City Engineer ineer for approval two copies of a development plan(I"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. City acknowledges that the cash park fees required by City Code have been paid as to all of the Property at the time of the issuance of the building permit for construction ofthe existing building located 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 Planned Unit Development,Rezoning,Site Plan Review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement,to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. §9601,et.seq.,or Minn.Stat.,Sec. I I5B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,ofthe City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. 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. Xl. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota 55411. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(I = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 %z by 6 inch sign or decal reading "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— PRIMROSE SCHOOL OF EDEN PRAIRIE EASEMENT The undersigned Grantor(s) for and in consideration of One and no/100 Dollars($1.00)and other good and valuable consideration,the receipt whereof is hereby acknowledged, do hereby grant and convey to the City of Eden Prairie, a municipal corporation of the State of Minnesota, (Grantee), a perpetual easement for right-of-way and utility purposes over, under and across the following described land situated in the County of Hennepin, State of Minnesota,to wit: PROPERTY DESCRIPTION: [INSERT LEGAL OF THE PROPERTY] EASEMENT DESCRIPTION: A perpetual easement for right-of-way and utility purposes over, under, across and through the following described property: [INSERT LEGAL FOR EASEMENTS] Grantors hereby convey all grasses, shrubs,trees and natural growth now existing on the easement hereby conveyed. Grantee shall have the right to use and remove all earthen materials, structures, improvements and obstructions which lie within the boundaries of the easement described herein, including the right of clearing the easement area to allow for the use of the land as stated herein. The perpetual right-of-way and utility easement granted herein includes the right of the Grantee, its contractors,agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing,reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area a public right-of-way, utilities or other public facilities, utilities, or improvements of any type that are not inconsistent with right-of-way and utility use. The easement granted herein also includes the right to cut,trim,or remove from the easement area trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. The Grantor shall indemnify, hold harmless and defend Grantor from any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims,actions, suits or proceedings based upon a release or threat of release of any hazardous substances,pollutants,or contaminants which may have existed on,or which relate to,the easement area or Property prior to the date of this instrument. Further, Grantors for themselves,their heirs, executors, administrators and assigns do hereby release the City of Eden Prairie, its successors and assigns, from all claims for any and all damages resulting to said land by reason of the location of said right-of-way and utility easement. Grantors warrant they are the owners of the above described premises and have the lawful right and authority to convey and grant the easement herein granted. This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. EXECUTED as of this day of ,200_. OWNER NOT TO BE SIGNED NOT TO BE SIGNED STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me this day of ,200_, by Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me this day of , 200_, by This instrument drafted by: Notary Public Richard F. Rosow Gregerson,Rosow, Johnson&Nilan, LTD 650 Third Ave South, Suite 1600 Minneapolis, MN 55402 CONSENT AND RELEASE The undersigned, owner of that certain mortgage dated , filed in the office of the County Recorder/Registrar of Titles, in and for the County of Hennepin, State of Minnesota,on the-h day of ,and recorded as Document No. ,covering the land described on the attached Exhibit A and other land,for valuable consideration,does hereby consent to the grant of and subordinates it interest in the Property to this Easement. [INSERT NAME OF MORTGAGEE] By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) On the day of 20_, before me personally came to me known,who being duly sworn by me stated that he/she is the of the said Mortgage Investors Corporation and that he/she is duly authorized to execute the foregoing instrument. Notary Public P:\Home\RFR\FORMS\EASEMENT CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILE. Randy L. Slick Final Plat Approval of ERS Estates Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of ERS Estates. Synopsis This proposal is for the plat located at 12551 Beach Circle. The plat consists of subdividing an existing 1.28-acre lot into two single-family lots. This proposal is a replat of Lot 10, Block 1, The Cove. Background Information The preliminary plat was approved by the City Council on April 18, 2006. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$320. • Execution of Special Assessment Agreement for trunk utility improvements. • 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 pay a sanitary sewer connection fee in the amount of$9,036.00 for Lot 1. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.06- A RESOLUTION APPROVING FINAL PLAT OF ERS ESTATES WHEREAS, the plat of ERS Estates 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 ERS Estates is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 20, 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 June 20,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk ERS ESTATES R.T. DOC. NO. rf K/IOII Au MEH BY ReT PRfsENiS mat ERS wMapmnt v MMnr,vlo BnlfM Ibbylfyy carparvfiwr nd flmr P.Sderkh,aMgla maa/e. oxw,of Mr/wMe.ln9 tleenbee PrpwfY Mfuafe M Me wnfy v/NwmpM,Sbfr a/MMnext4 fo wit: I Lef IQ Erod I,THE L01E,Hnnrgn Cvvnfy MMnrxfa I Hon cauretl Me tome I.DI,umpd an nd jotw n MS MAI-ntl M hw y dawf.and dedkab I.Me publk Pot pubtk ewnn ux Iwexr Me dro nvpe nd uMlfy xfs x Mown '.par. eltxq Mexo/,aM ERS wMopmnt.o YMxpto Yafed IMDAItY carpwbM hea cou„d Mm pnaanta fo W dpned by Ib prapw o/Pcw eey _— Ioof. J` /� C ERS OElfbdNlMl 0 30 60 90 C_ (�16 +"•4 exbe.:a�.Dn�x.=p,:>;a.,��or o:rra°m.nf ana canef�tien SCALE IN FEET / eJ 5,00 �.5��jB• ice` "�ww . 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CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILF. Randy L. Slick Final Plat Approval of Gander Mountain Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Gander Mountain. Synopsis This proposal is for the plat located north of Technology Drive and west of TH 212. The plat consists of 4.69 acres and will be platted into one lot. The proposed property will be the future home of a 65,698 square foot Gander Mountain retail store. Background Information The preliminary plat was approved by the City Council on May 16, 2006. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on June 20,2006. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$590.94 • Receipt of street lighting fee in the amount of$1,229.58. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreement for trunk utility improvements. • 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 submit and receive approval of a Wetland Plan by the Environmental Coordinator. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to release of the final plat, Developer shall convey sidewalk/trail easements to the City. • Revision to plat shall include the removal of the drainage and utility easement over the pond. • Revision to plat shall include a 20-foot drainage and utility easement over all existing and proposed public utilities. Attachments • Resolution • Plat drawing&desc. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.06- A RESOLUTION APPROVING FINAL PLAT OF GANDER MOUNTAIN WHEREAS, the plat of Gander Mountain 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 Gander Mountain is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 20, 2006. B. That the CityClerk is hereby directed to supply a certified co of this resolution to the Y pP Y copy 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 June 20,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk GANDER MOUNTAIN CR DOC.NO. N I I I I N E 1 S J S6•Z,°0� ,� �) C Y. r— __________-on.,: __ SO67 �\ w„LrE �\ .�J (ME 5) _ cmxEa se`e n x zi sw —— - 169.74 _ 56905"W �_ �7974.68 745.7V49_ wus� —__—__'—t,`35'290 E ., fi R gxse.cE w`x .s .f'J ,1 ciannc�rzccmmin M oim a a¢,is°,�ru`i s"` 1 n T E � f� i �s'fl „ nY i. v I I SCHOELL MADSON PLANNING • ENGINEERING• SURVEYING SHEET 2 OF 2 SHEETS GANDER MOUNTAIN CR DOC.NO. KNOW ALL MEN BY THESE ME . KTJ Limited Pdtner.hlp One ihndmd i Kk Fmr,a IdMnoota limited P-mihlp,h.ormero Of the ro6ewhg SURNEYg15 CERBFICAIE deacrib.d pmpMy ehpelm h the County of Hmneph,Slate of Mil-to to It: I hmdby I'fy that I how...ym and polled Ihd Property d-bed on MI.pot ea GANDER MOUNTAIN;that thN plot 1.o-drat repr.emlalim of rvey,that e11° the su dlatoncaa w.c nmuy mom m the pot h het end hmarmtn.ei a bet;that oil mohhummta M1ew bem mnecNy placed in LM1e M Thol pal If the SE 1/4 of the SW 1/4 of Smtim 11.Tom°hp I16.Range n Hm1mb Ceunly,Mhneaote do-ld ae.1-Commmchg grwntl o.Neel m the Did d xM be placed ea rmbkm by the local gowmmentd unit;oldIhat th.a Wd.beundvry Ihee ero conellly dedgnol.d at a mht m III,South dw of eaM 1/4-1/4 dielml.-I het"I'd If the Smthwmt ednm Ihenel;thence.-:long a line dram m Me plot. parallel xi1M1 Ma Wot Iho of mid 1/4-1/.tli.tent 2T.88 fn1 to a pohl In Me NMhmy Ight of way th.of Im State Highway No,5,epid mint being th.-d point of bogl-n.,lhmce-holy dmq mid right Of my-150.0 fell;th"..Nmth pail"Alth midWeft the 361.0 feet more d l.n to M.-hoHy rift of my line of New State Highway No.S th. -thy along sold right of xoy It-I51.2 feet md.d 1.11 W.Vm Nmte,-old Lend Surwyd leas to it.Mane--a Iine dam NorM p-Mth veld West It..Iran the Pohl of beghning;tilmce South oldng eoid poo.".1 the Minnesota Licmm No.14- wD.11 het mde er Ina to M.point of beg-hq. D STALE OF WNNESOTA MCTh.1 pat of the StufllmN 1/4 of It.S-.-1/4 Of Seetim 11.T-Ip 111 North,Range 22 Wdal of the 5M PHdcipal Meridian,Hennepin CWNIY OF IENNEPIN County.Id-mle,dea-m o Idlem;Commmchg et a point en the-1h Iine OI eoil S .-ol 1/4 of IM1e SmlhweIt 1/4 diatom 292.45 feet Eeet of the So th.tt coma%.of,lhmel bath dmg a the 11-pardlel with the WM the of said Smthdnrtl I/4 of the-oh...' The-,I,surw, --hiw»--god be/On me.1. day of 211-by T...W.Van 1/4 diatom 2T.66 felt more orlam le a point In the Nerthmy tight of way Iine of dd Stele Higlmoy No.S,add petit behg M.-of Deht of Nnt°'Land Surv°yw' beghning,thence Ewtedy.tang sold NarMady right of way Iine W.5 hat to a mmummt thence NMM1 3].3 feel 1.d mmum.nt h Me Sm[hmy right of way Ih.of New State HNh.ey No.5;Mmel Wotmy dmq mid SmMmly fight of my Ih.Io05.6 feet more er ten to Ito Inhmcilen with mid pordlN I-.th.I. South dmg mid pdo11N 11-1-1 fart more or Ise.le th.ellad point of be0-g. EyCEpT David A.Plegge.Notary P.- fiat port of the m i/4 of Me SW 1/4 of Salim it,Tom.h%D 116.Range 22.H.nnoln County,Mlnnnel.dnedbed vd fdlewa:Cdnm-hi,et Hennepin County,Mhn...1. o DOI I m Ue South Ilse of.aid 1/4-1/4 dhlmt 292.15 feet East of Nla S trot comer thmmh Mmce Nara dmg a Bna a.ww Dardlel My CommHNan Expkea January 31,2010. with the Weat Ilse of mid 1/4-1/4 di.1-f 27.66 feet to a pohl in Me NMM1My right of way the of Qd State Highway No.5,mil poht being Me:Wd point of begindrg;lhmm F.Oody don9 acid right of-y 1"de 150.0 feel;thence HMF pail"*Itl mild Wot Ih.381.0 feet er ten to the Sm<M1my right of way Iine of New Stale Highway No.5;Mmce Weatedy dmg add'ht of way Iine i151.2 feet mde d le» IMI MMM WINESOTA to it.intd.mtlan wRh a the drum NMM1 p-nm with mid West line Rom Me pant of beghnlnµ thence Saulh dmg o1 Id pordlN Lin°-11felt more or Ian to the point of begnning. -j-to momenta and reatrkli If any,that eppmr of r.cdd. Thh It of GANDER MOUNTAIN wn approved am accepted by the city Cmncll of Edm Freda,Mlnneaato,al a relator meelhg Mdel1,hdd this Hee c.umd the wm.to b. I.Y.m and Plata n GAN.MOUNTAIN,and dodo hmdby grml to bw elty of Eden P-ha onmenh id drainage - doy of 20_ If oppliceble,Me-I on cemmmh and mama-h-ei M.Cemmiaabnm of end uhilty purpo».as.ham m the dot. Trmaportalim and th.Canty High-En9lnmr low bem meliwd by the City Dr the praaerped JO doy Dmod It.elapnd without r ,dot of each ammmla and relanmend-1 as Drevldm by Mhnmote Stetutm,Seoil..505.01 SubdlNabn 2 CITY I=JbIM OF EMI MART&MINNMTA n witnen whermf eaM KTJ Llmilm Perinm.hip One Hundred Thkty-Faur hoe imam thoe preonta to bl d9 d by It.general poot-,Oppldan,II..a Minnesota CoryeroI]-thl. day of 20- - OPPEIM.NIG By Ma d by Ha By Clerk TA)mAYF/t SERNLES DEPARTMENT STATE(7 Hennepin Comlr.Mhnnota cout Y K I h.rmy-ally Met la.n poyW1.In 20 y._and p,- d.how III, nd Ddd td la da.vlb.d m thM plat.Dalm this day of 20_. Th.bhagoing hslrvmmt wo ecknMedgm befde me iMm my of of Oppidom he.,o Minn.mte cdpdalim,m behalf of th.-dparabm.I P-ok H.O'Connd.Hennepin Canty Audlter By D.p.ly Notdy Public, Cmny,Minnnoto SUR4EY OINAON My Commbalon Eaphe. H-mb,Cmnly,Mhnoeta Purnmt to Minn.STAT Sm.13B.565(198g),thlc plat hoe bon gprewd th. day of 20 . offl-P.8-1,Hmneph County Surwwr By �', COUNTY RECORDER 'i Hdnn.dn capper.Mhneaale li I hereby cMlfy that th.wlthh pot of GMDER MWNTAIN wee re-.MW h Mia-11.thla day of 20- 'I at a'tled�M. MichoN H.-fit,,Cmnly Roo-I By Deputy I SCHOELL MADSON PLANNING •ENGINEERING SURVEYING SHEET T OF 2 SHEETS CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILG. Randy L. Slick Final Plat Approval of Baneberry Public Works/Engineering Hollow Requested Action Move to: Adopt the resolution approving the final plat of Baneberry Hollow. Synopsis This proposal is for the plat located at 10015 and 10065 Pioneer Trail. The plat consists of 2.51 ares to be divided into twelve multi-family lots and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on May 16, 2006. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on June 20, 2006. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$624. • Receipt of street lighting fee in the amount of$224.53. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreement for trunk utility improvements. • The requirements as set forth in the Developer's Agreement. • Prior to release of the final plat, Developer shall provide a cross access easement, private utility, and Maintenance Agreement. • Prior to release of the final plat,Developer shall convey sidewalk/trail easements to the City Attachments • Resolution • Plat drawing&desc. i CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.06- A RESOLUTION APPROVING FINAL PLAT OF BANEBERRY HOLLOW WHEREAS, the plat of Baneberry Hollow 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 Baneberry Hollow is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 20,2006. 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 June 20,2006. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta,City Clerk I w BANEBE RY HOLLOW CR DOC.N0. 2 h � I Iscua w e2er> � � 3g I/ i I / N00-01'00"E �- 44.78 '�/�' N00'01'0D"E 392.03 _ ro `�• ' --m pa.uP. 4i b�cscwgcp sa.pp np ep I m/i a�'oasi'zs—' \ or 9 'In nx��/Ia�OF n[c u C-/d p �. �, p F �. e•ut n < / U I n'O 10 9 tF yg' I� l gg 1 g p ( J /�m� � N/ I,�T2 I % j n•ut I NC} I �'ut nzse rt'3 ,i m xc ,R2 v. r—,iE o,x-�,o<SEc.zi r'11 ry �` 8 7 I� pI J 3 Boa .ro.1 -E —IT � a pa4m n v_1. W Y ,nuv[rv, , 41 r I -- E 27242 �'� --_ 80.00 v,1 .0 _ — r � SOOYB'46'W54 3 / ` 500'16'48'W 484.27 ' • -o.not..loena mePment / R< II DDITIOPC F�RL.c� 10" W I $a J I $I 0 =�:2 a,`,bE maMlAe4n kon t t loa by I.S.Ne. � �-Oenotee cant ken menumenl /� / I —I� FP,P.M.—o/tble plat the coat 11-of M1e Went 1/2 01 Sec.25, 22, wing a wmeJ beoring oe NOR1H Otlt'00'EAST SCHOELL MADSON PLANNING •ENGINEERING • SURVEYING SHEET 2 OF 2 SHEETS BANEBEIIRY HOLLOW CR DOC.NO. fI I M1erMy certify Noll hove¢.,byed and pi—nd in property d.ecdbed on thil plat Id BANE8ERRY HOLLOW;that bib plot KNOW ALL MEN BY THESE PRESENTS Thot Lakeweal-dogs,LLC.a Minnebota limited Ilabdity Company,Nd.mere f Ne b a Clmect representation Or bald wrwy Not aP dbtmcee are c Lrt tly Inl:on the plat m feet and hundrodthe of a 1WIDwing derribetl preperfy aiNated In Me County o1 Hennepin,State of Minnesota,to alh p� lost;that ail mmumenla M1aw bam Cbrreatly plpnd In the ground Ie shown on the pill a wlli be placed as required by ue load gowmmentp,unit:and bill us o dde boundvy In..me-Illy deegnotM on in,plot. Thal part If the Wnt HA1 Ir Me$wlM1eaaF Clwrder of Section 25,Tombhip 116,R.,22,lying South of Hennepin';Cwnly Road No.I Ind Iying EIIt of the Welt 1087.45 feet thereof;mwe NPy des<ribetl o.fWlowe:Beginning of a point Milne Tredb W.Von Neale.Land Surwpr South Ile of the Soulheael Ouerler o1 lid—tin,25.dilonl 10vY.45 feet E bt from the S-h.lIt Comer Uereolil Minnmoto Licmbe No.44109 thence al right angle.NatM1.I tli.tonce of EMS feet to the c 1b,ine of Cwnty Road No.1,thm ace 11,...tedy emg Me cen"I of bald County Rood NI.1 to Me Elel e W.el Ill.of the Holt of cold SO-didW.11br;thence South Ip the South line If bold Section;d,_ce Weed Wong.aid Secllon line tP Ina p01n1 or beginning,EXCEPT the Eeat 100 feel bbn mf, F —lding to th.U.S.Gowmmml Svrwy,Hennepin County,Mlnn STALE O MINNESOTAev0/a. SIM OF AN0 The lore9oing au erti0cple xI.III-Medged before me this_ day of M.H.W.Slueve and Chrbtin.C.Stuew,husband and wife.fee owner.of the faPaxln deeaAed 20�by Tmd W.Von Neale,Land Surveyor. g property ciluated m"I the County of Hmnepm,Slate of Mmnnotl,to wit: I %at part of the E.It 1n0 feet(.a....ured at right mglea)If the Went HDII of!h.Southeast WIdn,of Section County,Mmneaota —bid,116,Range 22.lying Scubi of the emlerlin<of Hennepin County Rood Ne.1. My Cl—md E.pires How Cluedd the dome to b.wneyxd Ind platted I.BANEBERRY Hq X and it.hereby denote Intl dedicate to toil public far publlI...forever the Inw,,Ind I.grant to Me Cily If Eden P.ohie-ddm,,,Ind utMty maemmta a.oho EOEN RtAiRIE,MINNESOTp the pill. ThI1 plat of BANEBERRY HOLLOW was approved and accepted by Ne City Cwncii.1 W,City of Eden Prolrb,MIn....in.at I regubr me ling DlreeoL M1eld iMz doy of 20___ If II b In witness x ereof sdid Llkewest HWding.,LLC M1aa tweed lndw present.to be elgned by Itn proper oNlcer[hb cots rod ri m endilione of the Com r of Tranapwlotion Ind the County Nighwoy En If Ipp haws bam-ItNwd day of .20__ c0mm co m mi¢ ne by the Illy er In,Drewri 3 day period ba.f'elepsed wi l—t r pd of wan mme mnl.Ina remmmentlalbne,ae SIGNED:dAKEidl HQDINUS,LLC p rodded by Mlnneb0le S[eNtea,Sedlln SOS05,1ubd1d.bn2. By_ ila Owner CITY COUNCIL CI THE C1 CF Eii.PRAIRIE Curt FreMam BY Meyer '. STALE OF MRPNESOTA By Clerk COUNTY OF ', The tangoing Inetwment wee eckno W91d before me inii, day of 20 By Engineer, by—F—Ill.em.r If Lak.we.l Holdm9e,illI Min—id.limited llabllify campmy,on beM1Wf of dhe campony. TAXPAYER SEPWES DEPARWENT Notary PUMIc, County.Minn.— j Hmnepin Can ty.-1—In My Cammbalan Eapireb li 1 hereb i that—I bl.In 20 n d NIr h.been 1 — y certl y pvya n p yema paid fw land tlebcrlbad on thN plat Dated ihl, day of 20 In Mlnea wnwmf said M.I.W Slueve and ariatme C.Slueve haw M1arwnll eel biak M1ande Mid dye Patrick H.YCanne,Hennepin County Autl- By — Deputy 20_� SIGNED:MARLO W.STUEVE and cHWSTNE c.STUEVE SURVEY DIMSKM By By Hennepin cdInly,Mlnneaotl Marto W.Stuew CMbline O Suave Purwant to MINN.STAT Sec—B.S65(1969).lhle plat hoe been Ipppvetl thb lily of STALE OF MINNESOTA 20� COUNTY OF WilPam P.Brown,Hennepin Cwnly Surwpr By The bregW. I.—Ilnt we.1d.C, t.., beore me this day If 20 by Moyle W.Slueve and CM1rletlne C.Stuev4 nubband Ind rile CWNn RECORDER Hennepin Cwnty.Mmnpotl NDlery PUMIS County,Minne.Ite My Cammlbelln Eaplree hereby cerllty toot the MthM 1N11 of BANEBERRY HOLLOW woo recorded m lhb bid day I/ 20 It a'Wack_N.Mkh11 IM 1 H.111n111,County Recddx By Deputy SCHOELL & MADSON, INC. ENGINEERS*SURVEYORS PLANNERS SHEET 1 OF 2 SHWM CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILH. Randy L. Slick Final Plat Approval of The Ridge at Public Works/Engineering Riley Creek 2nd Addition Requested Action Move to: Adopt the resolution approving the final plat of The Ridge at Riley Creek 2nd Addition Synopsis This proposal is for the plat located west of Eden Prairie Road and north of Sky Lane. The plat consists of 42.2 acres to be divided into 39 single-family lots and right-of-way dedication for street purposes. The original plat(The Ridge at Riley Creek) was approved July 19, 2005. This latest proposal consists of some minor realignment of the rear-yard drainage and utility easements. The reason for the easement realignment is to provide a larger and more useable area directly behind the proposed building pads. Background Information The preliminary plat was approved by the City Council on April 12, 2005. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on May 3, 2005. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$2,028.00. • 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. • Completion of Vacation of the underlying drainage and utility easements. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.06- A RESOLUTION APPROVING FINAL PLAT OF THE RIDGE @ RILEY CREEK 2ND ADDITION WHEREAS, the plat of The Ridge at Riley Creek 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for The Ridge at Riley Creek 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 20, 2006. Nancy Trya-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk THE RIDGE AT RILEY CREEK 2ND ADDITION R.T.DOC.NO. C.R.DOC.NO. -- nw•re•sz•w we.°r -----NOO.18'57'W 1947.14----- � 'ssrr"RRR xr cs PR, W.�s 2z i 1t1.80 \\ 181.99 II i loo.00 it i 1ts.00 c,.; - iA EI I N I \\\APPRI Df t MR LLWA£R tx Or SEC.Ts. j ju W. 11R.AG.2I co,dsr IRON MSMAM:NI Ferrol 10 II I � u6lltr Easammt � /y 4eya`°nr .� � ry --- I I---3 ---N0 20faz IA I 0 1 ems. ay. 03"E 186.52 ,A'Y ,..NA' 8 I ; l 339.92 N 00°72103'E l\ 7 g� � i- � 6 � 5 4 ;iI as�sRe. i i rRi 'Ba�� II II II I FS\\J i__'0..D0__J L__l ODDO _J L__100.00-_J SOO°12'03*W 300.00 UTILITY AND DRAINAGE EASEMENTS --__- ARE SHOWN THUS: I SCALE N FEET 60 0 60 120 0 I � i II S BEND 10 FEET N WIDTH AND AD.IONNG R DENOTES RON MONJMENT SET ORIENTATDN OF THIS BEARING SYSTEM RONT OF WAY LINES AND 5 FEET WIDTH AND MARKED R.L.S.NR.24992 6 BASED ON AN ASSUMED BASIS AND AD LOT LINES UNLESS LOT SURVEYS COMPANY, INC. AND OTHERWISE E SHOWN. Y, LAAO SORVEYORS SHEET 2 OF 4 SHEETS ........... .......................................... ... ..... ........... ......... ......... .. .................... .. ..... ... ....... ...-...... ......_... ............ . .......... .......................................... .......... CITY REVIEW THE RIDGE AT RILEY CREEK R.T.DOC. NO. 2ND ADDITION C.R. DOC NO R. MATCHLINE B ---------- I\ (SEE SHEET2 OF4 SHEETS) I A.;,':,;: }}',� z' 8 I� S89°54'44"E 293.35 290.33 S 89"55'12"E �F_, ao r______ •''h• / Utility Eaeament��-1 6 z9 _________________________ ::. 291.3T I 589°54'44"E 351.21 ___1 � L ��____________________� ..., O _ 9°5_5____________ 58 '12"E .. 81 2 ': of ------------- S89°54'44"E 409.0E c _—___ 29227____--__-- • -- N89°55'12'W S89°54'44"E 454.14 I$ l2e.es i I iDa.ao--'I i--iis.as--1 u�i I e gl i i i i 3 3 3 Si aai 3 0 a / noes ova I I I^ o p uurly Eo I Im I iv ----------293.i�—————————— I S09 5512E � Si 4 a <Ss,. 16 I Is 17 I r\?s3,• 1 1Ca I h I IN I '~ I .E\7 JI j. R=75.00 I I 1 v 11 't I I----------294.07_-----------J er l I I \\\\p 0g V�1-I2.27."I I I I N i__.t----- 253.54 S 89.55'12"E 1 5 ;j $i 8 S i I I 13 s I 1 1 18.74 238.20 N 89°5512"VV 1 I I I S-----89°-55E--2'----------- I LJ �\\\�\,\p\.\{\a\.fi r\\\ 74' •'I1 f 1 IiIIy� f''11 I I m $_al'iu I 3°O 6 11 I F I R=270.00 N OF S BEARING SYSTEM 12 IR II I IB BASED ON AN ASSUMED BASS 1OI LL-'l.B3T L-------J aovw9F 4_4 p1nwas 3 ix Tioty EoIt bo —s— .f _nJ UTILITY AND DRAINAGE EASEMENTS ?4• \��&`�—p5"M — (I I I .��jo d% I ARE SHOWN THUS: 11 , \\I IJ 111 L— 10;7 = % $77°pq4 D `m 0 0 mAl'H,"-5 4 SHEETS) ______J�______ (SEF SHEET BEING 10 FEET N WIDTH AND ADJDNNC RIGHT OF WAY LINES AND 8 FEET WIDTH AND ADJOINING LOT LINES.IRLESS OTHERWISE SHOWN. SCALE N FEET o DENOTES IRON MONUMENT SET AND MARKED R.L.S.No.24992 60 0 60 120 LOT SURVEYS COMPANY, INC. LAA47 S(MVEYORS SHEET 3 OF 4 SHEETS CITY REVIEW THE RIDGE AT RILEY CREEK I„ Ian R.T.DOC.N0. 2ND ADDITION I: I C.R. DOC NO. I`I _EAsr L INE a,mr.RDr1EAsr C rER OF rN' I"I ACRrIMESr D RTER 6 SEC.T9, W. 116.M.22 \1 wssr Low w RE SOVRMEsr OI—R l THE \ NAPrAEA6r D.MRR"R LF s c.Z. w. INr,AD.II N00°18'57"W 638.98 160.83 70012 702.47 102.47 714.20 R 27— $ R R "IR r-------- ------- 1 1 1 1 1 9 R, L=159.8241°30' 5 a- 00" ./ 11 11 11�^ 1 1g i e"M1'` a V`12 —11 I yR=264.05 �\ z 1 1 1 1 1 1 1� 1 la / ro� 0l3 III \ 1$ 4 $1 1' / '� 3ti :e2B a=ormsr \ $ / d' 1 1ly 11° 3 '11a 11 1\ 1 1 11 11I 111 's,•}11 , /, 11. II I:. \ �'� !f.'`"'��I I D'�T•69 � 16 6 '/•D�� I 1 \ I't%'`; \ ORIENTATION OF THIS BEARING SYSTEM 2 Is BASED ON AN ASSUMED BASIS .. I r:i.f"� R,275 1g/III ID��Ne �I 11j I 31 -I IR o Tp 11 13" 14 R� , I „I ;ZxAa'1\ 358261111" 1111 i �/ �I 11 I IC 1 (r��•.,, \ .� PI — III 11 $111 5 11 U — _ — ✓ 11 ��1 s 7 111 \ 1°Fld" `g—1 " I& .:1 II% I 11 6g� -- 1 a 1 11 17g11�533�� I \\ _ la 56 0 1 — --11111a 11\� .... -4 �,11 1111 1111'N 1111� ,pN S05°2629"E 175.13 I I z `� -- ------ \ UTILITY AND DRANACE EASEMENTS ARE SHOWN THUS: 4 6—I I_r — 11 i :Ptii Lo170 00 519,AA, 7 BENT 10 FEETWAY LI WpAN 5 FEEADJT WIDTH I I11� ANDOF WAY LINES AND S FEET WpTH GG AND ADJOINING LOT LNES.MESS OTHERWISEOTHERWISE SHOWN. n DENOTES NON MONUMENT SET I � AND MARKED R.L.S.W.24992 SCALE N FEET I ` 60 0 80 120 SN/rMIESr 4DTIIER LF 7w SDVREAST CLMRTER GF RE ADgR r DLMRr D,SEC.26, W. 116,X.22 I LOT SURVEYS COMPANY, INC. —KESr p44RFER 0.'NAER LF SFC.?D IKP I N,M.22 LAAO SURVEYORS DID IRDY KMA4Mr!NM) SHEET 4 OF 4 SHEETS CITY COUNCIL AGENDA DATE: June 20, 2006 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.J. Sue Kotchevar, Office of the Resolution Relating to $4,290,000 City Manager/Finance Capital Improvement Plan Bonds, Series 2006B Requested Action Move to: Adopt Resolution Authorizing Issuance of$4,290,000 Capital Improvement Plan Bonds, Series 2006B Synopsis The purpose of the issuance of the bonds is to pay for the construction of the new fire station and to finance improvements to the City's public works facility. Attachments Resolution CERTIFICATION OF MINUTES RELATING TO $4,290,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2006B Issuer: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date,time and place of meeting: A regular meeting held June 20,2006, at 7:00 o'clock p.m., at the municipal offices in Eden Prairie, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting(including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $4,290,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2006B I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 20t'day of June, 2006. City Clerk It was reported that sealed proposals for the purchase of$4,290,000 General Obligation Capital Improvement Plan Bonds, Series 2006B were received prior to 11:00 o'clock a.m.,pursuant to the Official Statement distributed to potential purchasers of the Bonds by Northland Securities, Inc., independent financial advisor to the City. The proposals have been publicly opened,read and tabulated and were found to be as follows: (See Attached) Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $4,290,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2006B BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota(the City), as follows: SECTION 1. PURPOSE. On July 5, 2005,this City Council held a public hearing on the question of issuing general obligation capital improvement plan bonds, after notice duly published in the official newspaper of the City as set forth in Minnesota Statutes, Section 475.521. This City Council hereby approves the issuance of$4,290,000 General Obligation Capital Improvement Plan Bonds, Series 2006B (the Bonds) of the City to finance, along with other available City funds,the costs of constructing a new fire station(the Project), pursuant to Minnesota Statutes, Section 475.521 and Chapter 475. No petition was filed requesting a vote on the issuance of the general obligation capital improvement plan bonds within thirty (30) days following the public hearing. The maximum debt service payments on all outstanding capital improvement plan bonds is less than .16%of the taxable market value of the property within the City. This City Council hereby finds that the general obligation capital improvement plan bonds may be issued without an election pursuant to Minnesota Statutes, Section 475.521, subdivision 2. SECTION 2. SALE. Pursuant to the Official Statement prepared on behalf of the City by Northland Securities, Inc., sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of , in (the Purchaser),to purchase the Bonds at a price of$ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. SECTION 3. AWARD. The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds in accordance with the terms of the proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. SECTION 4. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 4.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done,to exist,to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds,to provide security therefor and to issue the Bonds forthwith. 4.02. Maturities; Interest Rates; Denominations and Payment.The Bonds shall be originally dated as of July 1, 2006, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall mature on January 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2008 $75,000 % 2018 $215,000 % 2009 155,000 2019 225,000 2010 160,000 2020 235,000 2011 160,000 2021 250,000 2012 175,000 2022 250,000 2013 175,000 2023 275,000 2014 190,000 2024 275,000 2015 200,000 2025 275,000 2016 200,000 2026 300,000 2017 200,000 2027 300,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest on and, upon surrender of each Bond,the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 4.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 4.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 4.07 and upon any subsequent transfer or exchange pursuant to Section 4.06,the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on January 1 and July 1 in each year, commencing July 1, 2007, each such date being referred to herein as an Interest Payment Date,to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. 4.04. Redemption. Bonds maturing in 2016 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable,by the bond depository in accordance with its customary procedures) in multiples of$5,000, on January 1, 2015, and on any date thereafter, at a price equal to the 2 principal amount thereof and accrued interest to the date of redemption. The City Manager shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail,to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 4.06 hereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid,the Bonds or portions of Bonds so to be redeemed shall, on the redemption date,become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on January 1, 20 and 20 (the Term Bonds) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 4.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date,without premium. The Registrar shall select for redemption,by lot or other manner deemed fair, on January 1 in each of the following years the following stated principal amounts of such Bonds: Year Principal Amount The remaining$ stated principal amount of such Bonds shall be paid at maturity on January 1,20 Year Principal Amount The remaining$ stated principal amount of such Bonds shall be paid at maturity on January 1, 20 Notice of redemption shall be given as provided in the preceding paragraph.] 4.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank, National Association in Minneapolis, Minnesota, as the initial bond registrar,transfer agent and paying agent(the Registrar). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the 3 Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 4.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a register(the Bond Register) in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered,transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation,association,partnership, trust,governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing,the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may,however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered for payment,transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of. The Registrar shall furnish the City at least once each year a certificate setting forth the principal amounts and numbers of Bonds canceled and destroyed. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith,to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond,whether the Bond shall be overdue or not, for the purpose of receiving 4 payment of or on account of,the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds(except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost,the Registrar shall deliver a new Bond of like amount,number,maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost,upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds,within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 0) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 4.07. Execution,Authentication and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been prepared, executed 5 and authenticated,the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 4.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner"shall mean,whenever used with respect to a Bond,the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede&Co."shall mean Cede&Co.,the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York,New York. "Participant" shall mean any broker-dealer,bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance,the ownership of such Bonds shall be registered in the bond register in the name of Cede&Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds,with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds,with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution,with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede&Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede&Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. 6 Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede& Co.,the Bonds will be transferable to such new nominee in accordance with paragraph(e)hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates,the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event the Bonds will be transferable in accordance with paragraph(e)hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph(e)hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor or City Manager is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph(b) or(c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede&Co., its successor as nominee for DTC as owner of all the Bonds,or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including,without limitation,the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 4.09. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA 7 CITY OF EDEN PRAIRIE GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BOND, SERIES 2006B R- $ Interest Rate Maturi1y Date Date of Original Issue CUSIP No. % January 1, 20_ July 1, 2006 REGISTERED OWNER: CEDE&CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF EDEN PRAIRIE, MINNESOTA (the City), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above,with interest thereon from the date hereof at the annual rate specified above,payable on January I and July I in each year, commencing July 1, 2007,to the person in whose name this Bond is registered at the close of business on the fifteenth day(whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. Interest hereon shall be computed on the basis of a 360- day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the agent of the Registrar described below,the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Wells Fargo Bank,National Association,Minneapolis, Minnesota, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the Registrar), or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue(the Bonds) in the aggregate principal amount of $4,290,000, issued pursuant to a resolution adopted by the City Council on June 20, 2006 (the Resolution)to finance, along with other available City funds,the costs of constructing a new fire station,and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 475.521 and Chapter 475. The Bonds are issuable only in fully registered form, in denominations of$5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 2016 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and,within a maturity, by lot as selected by the Registrar(or, if applicable,by the bond depository in accordance with its customary procedures) in multiples of$5,000 on January 1, 2015, and on any date thereafter, at a price equal to the principal amount thereof plus interest accrued to the date of redemption. The City will cause notice of the call for redemption to be published as required by law and, at least thirty days prior to the designated redemption date,will cause notice of the call thereof to be mailed by first class mail to the registered owner of any 8 Bond to be redeemed at the owner's address as it appears on the bond register maintained by the Registrar,but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid,the Bonds or portions of Bonds so to be redeemed shall, on the redemption date,become due and payable at the redemption price therein specified, and from and after such date(unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge,representing the remaining principal amount [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the year 20 and 20 shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date,without premium, on January 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing?in 20-- Term Bonds Maturing;in 20-- Sinking Fund Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date Principal Amount Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein,this Bond is transferable upon the books of the City at the principal office of the Registrar,by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount,bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof,whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede& Co., as nominee of The Depository Trust Company,or in the name of any other nominee of The Depository Trust Company or other securities depository,the Registrar 9 shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede&Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms,have been done, do exist, have happened and have been performed as so required;that, prior to the issuance hereof,the City has levied ad valorem taxes on all taxable property in the City,which taxes will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Bonds when due, and has appropriated the taxes to its General Obligation Capital Improvement Plan Bonds, Series 2006B Bond Fund for the payment of principal and interest;that if necessary for payment of principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and that the issuance of this Bond,together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF,the City of Eden Prairie, State of Minnesota,by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager. CITY OF EDEN PRAIRIE, MINNESOTA (facsimile signature-Ci , Manager) (facsimile signature-Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: WELLS FARGO BANK,NATIONAL ASSOCIATION, as Registrar By Authorized Representative 10 The following abbreviations,when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM-as tenants in common UTMA ................... as Custodian for..................... (Cust) (Minor) TEN ENT-as tenants by the entireties under Uniform Transfers to Minors Act.............. (State) JT TEN--as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received,the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond,with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular,without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s)must be guaranteed by an "eligible guarantor institution"meeting the requirements of the Registrar,which requirements include membership or participation in STAMP or such other"signature guaranty program"as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of bond form] SECTION 5. GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2006B CONSTRUCTION FUND. There is hereby established on the official books and records of the City a General Obligation Capital Improvement Plan Bonds, Series 2006B Construction Fund(the Construction Fund). The City Finance Director shall continue to maintain the Construction Fund until payment of all costs and expenses incurred in connection with the construction of the Project have been paid. To the Construction Fund there shall be credited $ from the proceeds of the Bonds, an amount which, with other available funds of the City, will be equal to the estimated cost of the Project and from the Construction Fund there shall be paid all construction costs and expenses incurred by the City in construction of the 11 Project. There shall also be credited to the Construction Fund all taxes collected with respect to the Project until all costs of the Project have been fully paid. After payment of all costs incurred with respect to the Project,the Construction Fund shall be discontinued and any proceeds of the Bonds remaining therein shall be credited to the Bond Fund described in Section 6 hereof. SECTION 6. GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2006B BOND FUND. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid,the City Recorder shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation Capital Improvement Plan Bonds, Series 2006B Bond Fund(the Bond Fund), and the principal of and interest on the Bonds shall be payable from the Bond Fund. The City irrevocably appropriates to the Bond Fund(a)any funds received from the Purchaser upon delivery of the Bonds in excess of the amount required by Section 5 to be credited to the Construction Fund and amounts for payment of the costs of issuance of the Bonds described in Section 9.04; (b)the amounts specified in Section 5 above, after payment of all costs of the Project; (c)all taxes levied and collected in accordance with this resolution; and(d) all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due,the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City. The taxes will be levied and collected in the following years and amounts: Levy Years Collection Years Amount 2006-2025 2007-2026 See attached Levy Computation The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid,provided that the City reserves the right and power to reduce tax levies from other legally available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the registered owners of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to anprepayable Bonds called for redemption on an date when g p YP Y they are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any,which are then due,provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing 12 irrevocably in escrow,with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited,bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or earlier designated redemption date. Provided,however,that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged,the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 9. CERTIFICATION OF PROCEEDINGS. 9.01. Filing with County Auditor. The City Manager is hereby authorized and directed to file with the County Auditor of Hennepin County, a certified copy of this resolution together with such other information as the County Auditor shall require and to obtain from the County Auditor a certificate that the Bonds have been entered upon the bond register and that the tax for the payment of the Bonds has been levied as required by law. 9.02. Certification of Proceedings. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey& Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as they appear from the books and records under the officer's custody and control or as otherwise known to the them. All such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City to the correctness of all statements contained herein. 9.03. Official Statement. The Official Statement relating to the Bonds, dated 2006, relating to the Bonds prepared and distributed by Northland Securities, Inc. is hereby approved. Northland Securities, Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price,the interest rates, selling compensation, delivery date,the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission(the SEC)under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 9.04. Payment of Issuance Costs. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Northland Trust Services, Inc. on the closing date for further distribution as directed by the City's financial advisor. 13 SECTION 10. TAX COVENANTS;ARBITRAGE MATTERS;REIMBURSEMENT AND CONTINUING DISCLOSURE. 10.01. General Tax Covenant. The City covenants and agrees with the registered owners of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended(the Code) and applicable Treasury Regulations (the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. In particular,the City covenants and agrees that all proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Project. All improvements so financed will be owned and maintained by the City as part of the public infrastructure of the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management, use or other agreement or contract with any non-governmental person relating to the use of the Project or security for the payment of the Bonds which might cause the Bonds to be considered"private activity bonds"or"private loan bonds"pursuant to Section 141 of the Code. 10.02. Arbitrage Certification. The Mayor and Clerk being the officers of the City charged with the responsibility for issuing the Certificates pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Certificates which make it reasonable to expect that the proceeds of the Certificates will not be used in a manner that would cause the Certificates to be arbitrage bonds within the meaning of the Code and Regulations. 10.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(o and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes,unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 10.04. Not Qualified Tax-Exempt Obligations. The Council does not designate the Bonds as"qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions. 10.05. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Project which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures,the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations;provided that this certification shall 14 not apply(i)with respect to certain de minimis expenditures, if any,with respect to the Project meeting the requirements of Section 1.150-2(f)(1)of the Regulations, or(ii)with respect to "preliminary expenditures" for the Project as defined in Section 1.1 50-2(f)(2)of the Regulations, including engineering or architectural expenses and similar preparatory expenses,which in the aggregate do not exceed 20%of the"issue price"of the Bonds. 10.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure(as in effect and interpreted from time to time,the Rule),which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners(as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds,may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond,the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner(as hereinafter defined)thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which(i)has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond(including persons or entities holding Bonds through nominees, depositories or other intermediaries),or(b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection(c)hereof, either directly or indirectly through an agent designated by the City,the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2006,the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles 15 promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City,noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph(A) hereof, an update of the operating and financial data of the type of information contained in the Official Statement under the captions ECONOMIC AND FINANCIAL INFORMATION; SUMMARY OF DEBT AND DEBT STATISTICS; GENERAL INFORMATION-"Major Employers"and "Building Permits." Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified,the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof,the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements,which have been submitted to each of the repositories hereinafter referred to under subsection(c)or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect;provided,however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact(as defined in paragraph(2)hereof),then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph(b)(1)or subsection(d),then the City shall include in the next Disclosure Information to be delivered hereunder,to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact(as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; 16 (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy,hold or sell a Bond or, if not disclosed,would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase,holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner,notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph(b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection(d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection(d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection(d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection(b)to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph(1) of subsection(b),to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule(the State Depository), if any; (2) the information described in paragraphs(2) and(3) of subsection(b),to the Municipal Securities Rulemaking Board and to the State Depository, if any;and 17 (3) the information described in subsection(b),to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or(2) of this subsection(c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence,however,the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that,because of legislative action or final judicial or administrative actions or proceedings,the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section(and the form and requirements of the Disclosure Information)may be amended or supplemented by the City from time to time,without notice to(except as provided in paragraph(c)(3)hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel,who may rely on certificates of the City and others and the opinion may be subject to customary qualifications,to the effect that: (i) such amendment or supplement(a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity,nature or status of the City or the type of operations conducted by the City, or(b) is required by, or better complies with,the provisions of paragraph(b)(5) of the Rule; (ii)this section as so amended or supplemented would have complied with the requirements of paragraph(b)(5)of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause(i)(a)and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering;and(iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended,the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. 18 Upon vote being taken thereon,the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. 19 HENNEPIN COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY The undersigned,being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on June 20,2006,by the City Council of the City of Eden Prairie, Minnesota, setting forth the form and details of an issue of$4,290,000 General Obligation Capital Improvement Plan Bonds, Series 2006B, dated as of July 1, 2006. I further certify that the issue has been entered on my bond register and the tax required by law for their payment has been levied and filed as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand officially this day of , 2006. Hennepin County Auditor (SEAL) CITY COUNCIL AGENDA DATE: SECTION: Consent June 20, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. VII.K. Community Development: Resolution Calling for Public Hearing to Janet Jeremiah/David Lindahl consider establishing a Tax Increment Financing(TIF) Redevelopment District for the Superior Tech Center project Requested Action: Move to: ■ Adopt Resolution calling for a public hearing August 1, 2006,to consider establishing a new Tax Increment Financing Redevelopment District. Synopsis: The purpose of establishing a TIF Redevelopment District is to help defray costs associated with the redevelopment of the former Physical Electronics site in the Golden Triangle Area. 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: United Properties purchased the 15-acre former Physical Electronics headquarters site in June 2003.At the time of the acquisition the 200,000 square foot building was largely vacant due to a significant downsizing at Physical Electronics. United Properties purchased the property to either lease the existing building or redevelop the site. Over the last three years they have been unable to secure tenants for the building, and are now planning to redevelop a 10-acre portion of the site into a new 90,000 square foot office building called Superior Tech Center. The remaining 5 acres and a portion of the existing building was renovated and sold for a new Foss swim club. United Properties is asking the City to consider providing Tax Increment Financing to assist in paying for some of the redevelopment related costs associated with the redevelopment proposal—primarily the demolition of the existing building. An inspection of the existing building was completed by LHB September 28, 2005. The building was found to be structurally substandard and it qualifies as a Redevelopment District. Details of the TIF plan will be presented to the City Council and HRA at the hearing on August 1, 2006. Attachments: Resolution Project Area Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- RESOLUTION CALLING FOR A PUBLIC HEARING ON APPROVAL OF A PROJECT PLAN FOR REDEVELOPMENT PROJECT AREA NO.6(UNITED PROPERTIES REDEVELOPMENT PROJECT)IN THE CITY OF EDEN PRAIRIE AND ON APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING(REDEVELOPMENT)DISTRICT NO.20 BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the City),as follows: 1. Proposed Project Plan and Financing Plan. The Eden Prairie Housing and Redevelopment Authority(the Authority)has prepared,and will present to the City for approval,a redevelopment plan, as defined in Minnesota Statutes, Section 469.002,subdivision 16,designated as the Project Plan(the Project Plan)for Redevelopment Project Area No. 6(the Project Area),and a redevelopment project to be undertaken pursuant thereto,as defined in Minnesota Statutes, Section 469.002,subdivision 14(the Redevelopment Project). In order to finance the public redevelopment costs to be incurred in connection with the Project Plan and the Redevelopment Project,the Authority has prepared,and will present to the City for approval,a tax increment financing plan(the Financing Plan), which establishes a tax increment financing district,as defined in Minnesota Statutes, Section 469.174, subdivision 9,designated as Tax Increment Financing(Redevelopment)District No.20 within the Project Area. It has been proposed that the Board of Commissioners of the Authority and the City Council approve the Project Plan and Financing Plan,and that this Council hold a public hearing on the Project Plan and Financing Plan as required by Minnesota Statutes, Sections 469.028 and 469.175, subdivision 3. 2. Public Hearing. A public hearing is hereby scheduled to be held on the on the Project Plan and Financing Plan at 7:00 p.m. on Tuesday,August 1,2006,at the Eden Prairie City Hall, 8080 Mitchell Road,Eden Prairie,Minnesota. The Community Development Director is hereby authorized and directed to cause notice of such public hearing in substantially the form of Exhibit A hereto to be published in the official newspaper of the City not less than 10 days nor more than thirty(30)days prior to the date of the hearing,and to provide the information required by Minnesota Statutes, Section 469.175,subdivision 2,to the appropriate governmental bodies. ADOPTED by the City Council of the City of Eden Prairie,Minnesota this 201'day of June,2006. APPROVED: Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Clerk EXHIBIT A RESOLUTION CALLING FOR A PUBLIC HEARING ON APPROVAL OF A PROJECT PLAN FOR REDEVELOPMENT PROJECT AREA NO.6(UNITED PROPERTIES REDEVELOPMENT PROJECT)IN THE CITY OF EDEN PRAIRIE AND ON APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING(REDEVELOPMENT)DISTRICT NO.20 NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie will hold a public hearing on approval of the Project Plan(the Project Plan)for Redevelopment Project Area No.6 (the Project Area)and approval of a Tax Increment Financing Plan(the Financing Plan)for Tax Increment Financing(Redevelopment)District No.20(the Financing District)of the Eden Prairie Housing and Redevelopment Authority(the Authority)at 7:00 p.m.on Tuesday,August 1,2006,at the Eden Prairie City Hall, 8080 Mitchell Road,Eden Prairie,Minnesota. The Project Plan and Financing Plan provide for the financing with tax increment revenue generated by the Financing District established by the Financing Plan of certain public redevelopment costs to be incurred in connection with carrying out the Project Plan for the Project Area. Accompanying this notice is a map of a portion of the City. The map shows the area encompassed by the Project Area and the Financing District from which tax increment may be collected pursuant to the Financing Plan and the area in which such tax increment may be expended. All who wish to be heard as to the Project Plan and Financing Plan will be given an opportunity to express their views at the time of the public hearing or may file written comments with the Community Development Director prior to the public hearing. By/s/Kathleen Porta,City Clerk �I k qu VA O Yrclwt Area#6 R r ` � Q oQ71 . vs- IF Av a ro vv.^ 3� € 44& A 10 Or 4 N41W�i IIII� Y� 9 r a� � 4 � AF � �� e�ty of Eden Prairie ��. � Taz Increment Redevelup�nent Proj ect Area�6 t, CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #52-130 ITEM NO.: VILL. Al Gray Approve Columbine Road Easement Public Works/Engineering Agreement Requested Action Move to: Approve the Columbine Road Easement Agreement with Well-Prop MULTIO LLC (Flagship Athletic Club). Synopsis The completion of Columbine Road between Fountain Place and Prairie Center Drive requires permanent and temporary easements. The attached Easement Agreement provides for a permanent easement to Flagship to maintain parking in exchange for permanent and temporary easements to the City for Columbine Road. The original Agreement approved by Council on June 7, 2005 for a property exchange could be implemented by Well-Prop due to Federal restrictions regarding their mortgage. This revised Agreement provides a permanent easement to Well-Prop with the provision for the City to convey title in the future if the Federal restrictions are removed. Background Information Columbine Road is one of only seven transportation corridors connecting the City north/south between TH 5 and the Anderson Lakes Parkway/Scenic Heights Corridors. The City obtained a deed from the State in 2002 for the land through which the last segment of Columbine Road is being constructed. A portion of the Flagship parking facility was constructed onto this land in the mid-1980's. This Agreement provides for a land exchange which supports the construction of Columbine Road and the continuation of the Flagship parking facility. Attachments • Easement Agreement COLUMBINE ROAD EASEMENT AGREEMENT This Columbine Road Easement Agreement is made as of this_day of 2006("Agreement"),by and between the City of Eden Prairie,a municipal corporation under the laws of the State of Minnesota ("City") and WELL-PROP (MULTI) LLC, a Delaware limited liability company("WELL-PROP"). WHEREAS, WELL-PROP is the owner of certain property legally described as Lot 1, Block 1,Flagship Addition,Hennepin County,Minnesota("Lot 111);and WHEREAS City is the owner of property legally described as Outlot A, Castle Ridge, between °° a Conveyance of Forfeited Lands by and betty Hennepin County,Minnesota( Outlot A )by y the State of Minnesota and City dated February 22, 2002, Commissioner's Deed No. 0195609, Document No. 3507819 filed in Hennepin County;and WHEREAS,WELL-PROP desires to continue to maintain a portion of its parking facility that encroaches onto Outlot A; and WHEREAS,the City desires temporary and permanent easements over a portion of Lot I for the construction of Columbine Road in accordance with plans prepared by Hansen Thorp I.C. 52-130 dated June 25,2004 and on file in the n Inc, titled Columbine Road , Pell�nen,Olson, office of the City's Engineering Division("Plans");and WHEREAS, the parties desire to evidence in writing the terms and conditions of a land exchange to allow WELL-PROP to perpetually continue and maintain a portion of its parking that encroaches onto Outlot A and the City the perpetual right to construct and maintain Columbine Road. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: I, Parking Facility. The City hereby declares and grants to WELL-PROP a permanent easement appurtenant o Lot 1 for the use and maintenance of t the existing parking facility that encroaches on, over and across that part of Outlot A described as follows: See Exhibit A attached hereto and made a part hereof 2. Plat of Columbine Road Addition. The City will plat Outlot A and other lands as the Columbine Road Addition. The above-described easement area will be platted as Outlot B,Columbine Road Addition. After the plat is duly recorded, the City will convey a permanent easement for use and maintenance of the existing parking facility. 3. Payment of Taxes. WELL-PROP agrees to pay all property takes on the property legally described on Exhibit A, due and owing in the year 2007 and for every year thereafter. 4. Deed. At such time that WELL-PROP requests a deed, the City will convey by warranty deed to WELL-PROP the property legally described as on Exhibit A. The Qy's obligation to convey said warranty deed to WELL-PROP is continent on and subject to (1) WELL-PROP's uavment of all vroper taxes-, and Mthe Qropenty is not tax-forfeit at the time of any convevance. 5. Easement Maintenance. WELL-PROP agrees to maintain all aspects of the permanent easement appurtenant to Lot 1 for use as a parking facility. WELL-PROP further agrees to assume responsibility for all costs associated with any maintenance and/or operation of said easement area. 6. Columbine Road Construction Easement. Contemporaneous with the execution of this Agreement WELL-PROP grants to City a temporary easement for the construction of Columbine Road over and across that part of Lot 1,pursuant to the permanent easement set forth on Exhibit B.The temporary easement shall expire on December 15,2006. 7. Columbine Road Permanent Easement. Contemporaneous with the execution of this Agreement WELL-PROP grants to City a permanent easement for Columbine Road over and across that part of Lot 1 pursuant to the permanent easement set forth on Exhibit C. On or before'December 15, 2006, the City will file for recording with Hennepin County a permanent easement for Columbine Road over and across that part of Lot 1. 8. Administrative and Legal Expenses. Within thirty(30)days of the day of this Agreement, the City shall pay to WELL-PROP the sum of Five Thousand Dollars and No/100 ($5,000.00) for WELL-PROP's administrative and legal expenses. 9. Construction of Columbine Road Improvements. City, at its sole cost and expense shall construct the Columbine Road Improvements,including the reconstruction of a portion of WELL-PROP's parking facility on Lot 1,in accordance with the Planes attached hereto and-made a part hereto as Exhibit D. All construction access to Lot i by City and its contractor shall be from Outlot A. City shall provide WELL-PROP a written construction schedule and seven(7) days written notice prior to beginning construction on Lot 1. The City will coordinate with public and private utilities so as not to interrupt utility service to building facilities located on Lot 1. 2 10. Indemnification. City agrees to indemnify, defend and hold harmless WELL-PROP and its employees, agents, and contractors and Bank of American, N.A. as master servicer on behalf of LaSalle Bank, N.A., as trustee for the registered holders of Bank of American Commercial Mortgage, Inc., a commercial mortgage pass through certificate, series 2003-1 C WELL-PROP's Lender'), for any and all losses, claims. liabilities, liens, or damages arising out of the construction of the Columbine Road Improvements or by the City's or City's agents or contractors use of the Columbine Road Construction Easement or the Columbine Road Permanent Easement, except for losses, claims. liabilities, liens, injuries or damages caused by WELL-PROP's acts or omissions. WELL-PROP agrees to indemnify, defend and hold harmless City from and against any and all damages, liabilities, losses, actions, claims, costs and expenses (including reasonable attorneys fees and court costs and reasonable attorney's fees and court costs on appeal) in connection with the loss of life,personal injury, and/or damage to property arising from or out of WELL-PROPS use, maintenance, or operation of the parking facility easement or in connection with the failure to comply with the provisions of this Agreement. 11. Avylicable Law. The laws of the State of Minnesota shall apply to the interpretation of this Agreement and to the resolution of any disputes arising out of the matters set forth herein. 12. Liens. City shall not permit any lien to be filed against Lot 1 or the property described as the Permanent Easement on Exhibit A for any labor or materials in connection with work of any character performed or claimed to have been performed at the direction of City or its agents, consultants, employees and contractors. In the event of any such lien attaching to Lot 1 or Outlot B,City shall cause the lien to be removed not later than 30 days thereafter, failure of which shall constitute a breach of this Agreement. City will indemnity WELL-PROP and WELL-PROP's Lender for any costs,losses,or damages relating to any lien. 13. Notice. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed delivered when personally delivered, on the first day following delivery to an overnight courier service or on the third day after deposit in the U.S. Mail as registered or certified mail, return receipt requested, postage prepaid, as follows: 3 WELL-PROP(Multi)LLC, c/o W.P.Carey&Company LLC 50 Rockefeller Plaza. Second Floor New York,NY 10020 Attn: Holly Mauro With copy to: Reed Smith LLP 599 Lexington Avenue 29'h Floor New York,NY 10022 Attn. Joseph M.Marger,Esq. WELL-PROP's Lender: Bank of American,N.A. Capital Markets Servicing 900 West Trade Street,Ste 650 Charlotte,NC 28255 Attn: Asset Manager WELL-PROP's Tenant: Flagship Athletic Club 755 Prairie Center Drive Eden Prairie,MN 55344 Attn: General Manager 4 City of Eden Prairie: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55347 Attn: City Manager Names and addresses may be changed by the parties by notice given in accordance with the provision hereof. 14. Merger. This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written agreements between the parties. There are no oral understandings or agreements that in any way change the terms, covenants, and conditions herein set forth, and no modification of this Agreement and no waiver of any of its terms and conditions shall be effective unless made in writing and duly executed by the parties hereto. 15. Counterparts. This .Agreement may be executed in one or more counterparts and by facsimile, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 16. Attorney Fees. In the event of any controversy, claim or dispute relating to this Agreement, the prevailing party in a non-appealable judicial resolution of such controversy, claim or dispute, shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. 17. Severability. If any one or more of the provisions of this Agreement is determined to be invalid, unlawful or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affect or impaired thereby unless as a result, the purpose and intent of this Agreement shall thereby be substantially and essentially impaired. In such event, the parties shall diligently proceed to revise this Agreement in order to rememorialize such purpose and intent. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] 5 IN WITNESS WHEREOF,the parties to this Agreement have executed as of the day and year first above written. WELL-PROP(MULTI)LLC,a CITY OF EDEN PRAIRIE,a municipal corporation Delaware limited liability company By:WELL-MEZ(MULTI)LLC, By its sole member Nancy Tyra-Lukens By:WELL(MULTI)QRS 15-17,Inc., Its: Mayor its mana ' g member By BY Scott Neal Its: 0 rQsl Its: City Manager 6 I STATE OF ss COUNTY OFu11 On the 12`b day of June,2006,before me,personally appeared Holly Mauro, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity,and that by her signature on the instrument,the person,or the entity upon behalf of which the person acted,executed the instrument. Witness my hand and official seal. ALLISON B.SIEGEL Of Notary Public,State of Now YorkNo.01SI6130554Not Qualified in New York County Commission Expires 7-is-2oo9 I CONSENT OF LENDER LaSalle Bank N.A., as Trustee for the registered holders of Banc of America . Commercial Mortgage hie., Commercial Mortgage Pass-Through Certificates, Series 2003-1 {"Lendeel, hereby consents to the execution by WELL-PROP (MULTI) LLC of the foregoing Columbine Road Easement Agreement and to the terms and conditions thereof. By: Bank of Amen as Master Servicer Al By. Name: 1Nlrb A✓ Title: e:eA I 7 STATE OF NORTH CAROLINA COUNTY OF MEj CKLENBURG 1, P&J-Rt e.L&- W a Notary Public for said County and State,do hereby certify that p ovally came before me thi�day and acknowledged that she is the of �QAr Rr�w2�c, and acknowledged,on behalf of kk e�2- , A q ,the due execution of the foregoing instrument. Witness my`beidt? q cial seal,this the a2 d y of��-2006. . eAy�.,, [NOT:AffT sPAbj o 0 I.pjj13 Not Pub 1 My commi t mr� +p �`L -f ,20(_. JUN-12-2D06 MON 04:32 PM CLUB SPORTS INTL. FAX NO. P. 02 CONSENT OF TENANT STARMARK CAMHOOD,L.L.C.,it Delaware corporation,as Tenant C Tesianr" under that ccrtain Lcasc Agreement dated as of February 12,2003 between Tenant and WELL- PROP(MULTI)LLC,a Delaware limited liability company,as Landlord,hereby consents to the execution by WF1,L-PPOP (MULTI) LLC of the foregoing Columbine Road Easement Agreement and to the terms and conditions thereof: TU'NANT: STARMARK CAMHOOD,L.L.C., a Delaware Iimited liability company Tay-Stamwk Holdings,IL.L.C. its sole member and wanager By: �ul -- Name. �C-1�4lZ.rtrs W N i Tr 'Title;. VP 8 JUN-12-2006 MON 04:33 PM CLUB SPORTS 1NTL, FAX NO, P. 03 STATE Or :es COUNTY OF 013 the---LP_L day of June, 2006,before me,personally appearedc 5 personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is mibscribed.to the within instrument and acknowledged to me that he/she executed the same in his/her autlior[zed capacity, and that by his/her signature on the inslrwneitt, 93e person,or the entity upon bebal f of which the person acted,exccnted the instrument. Witness my hand and official sea], ,':• �•Irti„tYnC f(i•.�':. 5'fI Arr • , ,. `.�. 't�'•':'"5;`' �•�� ..'4 1 ., c`4,1 '�`;f' }�+9�:ar��"•�'`:Cy,1�'•r�l.r•,�,� .,tj.,+ a:,�{�• � ��. ,� ��,,�.+'�,•t,�, �tKx d. .•-G 'Ts + •.�'';I,':%tt;rr � � i^:�.,.. ;��.1' �4�:l jy' ,i'-,•a � . K�}„ ��. �•;st i 'rliF' fw+:' ;i,.f,f+yt.,.• ��,..,��^ � al+�k: �4rt o� y��a�r�,�,sS 4' ,��••�'i+ :s.?'r--t ��':.t rr. f Cif. y C, � 5�,;, t" C ;� ' �'fr,�:i'•,4'��:(.z '(' .,.�.=;';�Ir Ir •f, <oM,.,tZ,,.a��;y� ! •�,SSI,�i,{:t,��,�•T^�,.lt. '`�' �' • 4.,•,>ff'.:I.+,TI M. ,eft t: fir�•,Y:�. i x ,,.1r�r:��'�r'.L�t':F,.,Pl�'•;rl�ci� ��. i� 't}.' ' f'J1�':j �••,1C' 'may*ti•.1 A:L 4`1"_"'ti .• '"t ••;E' M"'}?';I:yiL�7•i.•Y:`'�r't�a., :<<'1 ��i,��,y7�. r.:',. Y'Bt�.L •,f 1Y nYq`,t�,•, ,,I , � '�'�t }'�...+j:,,.'A NJ. t'ta' lr,,,S'.. yYi I '' ,X.. }��•J, irR '�3'' �„S+ f�� •rh,., t.•t�.` .,f/,•S,'� .c• , ,+ 11in• d' },i N�t••v.,T .,[,,r � ;^ .+(. .�1,.".,i Y y-j'[i,'�f'•��2/' �Y i`N'!'4.SY�•�t �5�1•f',:•f,•••Y'.-1:-Vj^�,� �'(•l�L \ •'" , '� f(a..,.};'' 171 ,; �1!, it'�''_•=nf�T�C1,':T.,, �s .• tr''.a �1\ti, Mzsr. >yY��.. +•• ''3rne 1. .,';5�, i.� tti•�•'F(t, � of lH�•.�} i•."'�'t-)C .Q,i,,i• /y, ,'q...L • L 4 d,.�1 4+,".•['f t�i y y�'.T�'. 'r i... .b. a• �vyy�r ^�;t�t, � •Itl`f•t• '"�( t.. .t, .: 1',L'�4 S . .,h't��`w?'•lift:•�y=J"'e'; 1•' .:�.�i.. -'�•f tt•S+il:' T^+�yt,..�y�if r .'I'r f'!+k Y•. s '>:fir::, .�, {.C' ,)C.t ,tY�;•;f."� . ut. � ,•i• tM(fl.'iP.5529.f!i0p9p2•T0�21 EIt:NL 2fl0�Ilfit17AG 29U PM EXHIBIT A PERMANENT EASEMENT The undersigned Grantor(s), City of Eden Prairie, a municipal corporation, for and in consideration of one and no/100 ($1.00) Dollars and other good and valuable consideration,the receipt whereof is hereby acknowledged, does hereby grant and convey to WELL-PROP (MULTI) LLC, a Delaware limited liability corporation("Grantee"), a permanent easement for the use and maintenance of the existing parking facility that encroaches on, over and across the following described land situated in the County of Hennepin,State of Minnesota to-wit: PROPERTY DESCRIPTION: Outlot A,Castle Ridge,Hennepin County,Minnesota EASEMENT DESCRII'TION: That part of Outlot A, Castle Ridge, Hennepin County, according to the recorded plat thereof described as follows: Commencing at the Northwest Comer of said Outlot A;thence on a assumed bearing East along the North line of said Outlot A, a distance of 395.00 feet to the point of beginning of the land to be described;thence South a distance of 47.84 feet;thence East a distance of 410.40 feet;thence Northeasterly a distance of 10.41 feet along a non-tangential curve concave to the Southeast having a radius of 327.95 feet, a central angle of 1 degree 49 minutes 07 seconds, a chord bearing of North 59 degrees 26 minutes 13 seconds East and a chord length of 10.41 feet;thence North 60 degrees 20 minutes 47 seconds East,tangent to last described curve, a distance of 6.43 feet; thence Northeasterly a distance of 99.82 feet along a tangential curve concave to the Southeast having a radius of 331.00 feet, and a central angle of 17 degrees 16 minutes 42 seconds;thence North 77 degrees 37 minutes 29 seconds East,tangent to last described curve, a distance of 17.30 feet, to the North line of said Outlot A; thence West along said North line to the point of beginning. Grantor warrants that it is the owner of the above-described premises and has the lawful right and authority to convey and grant the easement herein granted. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLAND] 9 i This Agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. Executed as of this _day of ,2006. OWNER: CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens Its: Mayor By: Scott Neal Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2006, by Nancy Tyra-Lukens, the Mayor, on behalf of the City of Eden Prairie, a Minnesota Municipal corporation. Notary Public STATE OF MD INESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2006,by Scott Neal, the City Administrator, on behalf of the City of Eden Prairie, a Minnesota Municipal corporation. Notary Public 10 THIS INSTRUMENT DRAFTED BY: Richard F.Rosow,Es . q GREGERSON,ROSOW,JOHNSON&NU AN,LTD. 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402 Telephone: 612.339.0755 I1 EXIMBIT B TEMPORARY CONSTRUCTION EASEMENT The undersigned Grantor(s), a Delaware limited liability company, for and in consideration of one and no/100($1.00)Dollars and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City of Eden Prairie, a municipal corporation of the State of Minnesota{"Grantee"),a temporary easement for construction purposes on, over, under and across the following described land situated in the County of Hennepin,State of Minnesota,to-wit: PROPERTY DESCRIPTION: Lot 1,Block 1,Flagship Addition,Hennepin County,Minnesota EASEMENT DESCRIPTION: Beginning at the southeast comer of said Lot 1;thence South 88 degrees 00 minutes 43 seconds West along the south line of said Lot 1 a distance of 441.62 feet; thence North 02 degrees 08 minutes 26 seconds West a distance of 76.58 feet; thence North 88 degrees 03 minutes 00 seconds East a distance of 205.28 feet; thence North 58 degrees 27 minutes 00 seconds East a distance of 70.12 feet; thence South 31 degrees 15 minutes 04 seconds East a distance of 21.78 feet; thence North 58 degrees 23 minutes 13 seconds East a distance of 89.65 feet;thence South 34 degrees 10 minutes 53 seconds East a distance of 18.35 feet; thence South 03 degrees 55 minutes 35 seconds East a distance of 38.09 feet;thence North 87 degrees 02 minutes 50 seconds East a distance of 50.67 feet;thence North 00 degrees 08 minutes 02 seconds West a distance of 280.26 feet; thence North 84 degrees 54 minutes 17 seconds East a distance of 16.39 feet to a point on the East line of said Lot 1;thence Southerly along the East line of said Lot 1 to the point of beginning. Said temporary construction easement to expire ,2006. Grantor warrants that it is the owner of the above-described premises and has the lawful right and authority to convey and grant the easement herein granted. Grantee shall indemnify, defend and hold harmless Grantor and its employees, agents, and contractors and Bank of American,N.A. as master servicer on behalf of LaSalle Bank,N.A., as trustee for the registered holders of Bank of American Commercial Mortgage, Inc., a commercial mortgage pass through certificate, series 2003-1, for any and all losses, claims. liabilities, liens, or damages arising out of Grantee's use of the permanent easement herein granted,except for losses, claims. liabilities,liens, injuries or damages caused by Grantor's acts or omissions. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] 12 This Agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. Executed as of this_day of ,2006. OWNER: WELL-PROP (MULTI)LLC.,a Delaware limited liability company By.WELL-N=(MULTI)LLC, its sole member By:WELL(MULTI)QRS 15-17,Inc., its managing memb By Name:_• a i✓1 � Title: FAr STATE OF NEW YORK ) )ss. COUNTY OF NEW YORK ) The foregoing instrument was acknowledged before me this TN day of &M, , 2006, by i_Lt the V 4 r= Rn r.S 1 of WELL (MULTI) QRS 15-17, Inc., a corporation under the laws of the state of Delaware,on behalf of the corporation,as the managing member of WELL-MEZ.(MULTI)LLC, a limited liability company under the laws of the state of Delaware, as the sole member of WELL-PROP (MULTI)LLC, a limited liability company under the laws of the state of Delaware,on behalf of WELL-PROP(MULTI)LLC. JUSTIN A.NESS Notary Pubec,Slate of New York N0.01NB13809 Qualified In Queens County eNoPub Commission Expbes August 2Z 2q0 THIS INSTRUMENT DRAFTED BY: Richard F.Rosow,Esq. GREGERSON,ROSOW,JOHNSON&NILAN,LTD. 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402 Telephone: 612.338.0755 13 CONSENT OF LENDER LaSalle Bank N.A., as Trustee for the registered holders of Bane of America Commercial Mortgage Inc.,'Commercial Mortgage Pass-Through Certificates, Series 2003-1 ("Lender"),hereby consents to the recording of the foregoing Permanent Construction Easement in favor of the City of Eden Prairie,a municipal corporation of the State of Minnesota,and to the terms and conditions thereof. By: Bank of Agi . Master Servicer By: Name: 4 ih?a Title: QJ+Nc•PAS [ADD ACKNOWLEDGEMENTI 14 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG 1, a, ;Lb-+ we Notary Public for said County and State,do hereby certify that a ns personally came before me this day and acknowledged that she is the of �� 2�#-and acknowledged,on behalf of the due execution of the foregoing instrument. Witness my hand and, Y* this the day of J --q-2006. �QRARa [NOTARY Sk Notary Public M r My commission expNj �cs+'�' 200 4'. JUN-13-2006 10:55 GREGERSON ROSOW 6123496718 P.02/03 JUN-13-2006 TUE 09,26 AM CLUB SPORTS INTL. FAX NO. P. 02 CONSENT OF TENANT STARMARK CAMHOOD,L.L.C.,a Delaware corporation,as Tenant("Tenant") under that certain Lease Agreement dated as of February 12,2003 between Tenant and WELL- PROP(MULTI)LLC,a Delaware liLnitcd liability company, as Landlord,hereby consents to the recording of the foregoing Permanent Construction Easement in favor of the City of Eden Prairie, a municipal corporation of the State of Minnesota, and to the terms and conditions thereof. TENANT: STARMARK CAMHOOD,L.L.C., a Delaware limited liability company By:Starmark Holdings,L.L.C. its sole member and manager By: Name• e. .� Wr�►'r� . Tide: STATE OV QrC,&o ) ss. COUNTY OFci^I ) The fore-goirt instrumetit was acknowledged before me this L314 day of _ K 2006,by r1sw the)11> on behalf of Starmark Holdings, L.L,C., the sole member of STARMARK CAMHOOD, L.L.C., a Delaware limited liabilitty company. --�� Notary Public �'{��`' Kam' r,.,'t., r; ;�'.,j)..y� �{`S i.�, �;,y�,: ,'� � .i,, ,a.•, l ��tr�hyLyi^(-�• ' '•(S;'.li i'ri'� ,' i - .: :•t•t1':.:YI; •' ,aG .�::; r,.Ni'?J• :j�' 1 '•li�a.Y. ,p.. ; �i1'$; k `4-�t:,i EXHIBIT C PERMANENT EASEMENT The undersigned Grantor(s), WELL-PROP (MULTI) LLC, a Delaware limited liability company, for and in consideration of one and no/100 ($1.00) Dollars and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City of Eden Prairie, a municipal corporation of the State of Minnesota C'Grantee"),a permanent easement for roadway and trail purposes on,over,under and across the following described land situated in the County of Hennepin,State of Minnesota,to-wit: PROPERTY DESCRIPTION: Lot 1,Block 1,Flagship Addition,Hennepin County,Minnesota EASEMENT DESCRIPTION: An easement for Right of Way Purposes over, under and across that part of Lot 1, Block 1, Flagship Addition,Hennepin County,Minnesota described as follows; Commencing at the southeast corner of said Lot 1; thence South 88 degrees 00 minutes 43 seconds West along the south line of said Lot 1 a distance of 183.05 feet; thence North 75 degrees 38 minutes 12 seconds East a distance of 154.35 feet; thence easterly 41.55 feet along a curve concave to the northwest and tangential to the last described line,having a central angle of 79 degrees 20 minutes 44 seconds and a radius of 30.0 feet; thence 69.04 feet northerly along a curve concave easterly,having a central angle of 3 degrees 34 minutes 28 seconds and a radius of 1106.71 feet; thence North 00 degrees 08 minutes 04 seconds West a distance of 147.57 feet; thence North 01 degrees 37 minutes 39 seconds East a distance of 73.38 feet to a point on the east line of said Lot 1. Grantor warrants that it is the owner of the above-described premises and has the lawful right and authority to convey and grant the easement herein granted. Grantee shall indemnify, defend and hold.harmless Grantor and its employees, agents, and contractors and Bank of American,N.A. as master servicer on behalf of LaSalle Bank,N.A., as trustee for the registered holders of Bank of American Commercial Mortgage, Inc., a commercial mortgage pass through certificate, series 2003-1, for any and all losses, claims. liabilities, liens, or damages arising out of Grantee's use of the easement herein granted, except for losses,claims.liabilities,liens,injuries or damages caused by Grantor's acts or omissions. This Agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. Executed as of this!day of ,2006. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] 16 I� OWNER: WELL-PROP(MULTI),LLC. By ;IABY �18'g Its___ IV)___ E-L' Its �K Vi ca` test STATE OF ) 1)COUNTY OF K}SS. The foregoing instrument was ackn'orwledgeoj before me this �ay of 2006,by the 1I i Oe `RX.(t on behalf of WELL-PROP (MULTI),LLC,a rielaware limited liability company. MMizNESS Nary t?ubllc,Scats of Now York N tart'Ptrbli No:01NE6132000 QuAled in Queens County Commission Expires August22,20.0 STATE OF bjSLO VOW,) ss. COUNTY OF u) The foregoing instrument was acknowledged efor me this r day of 2006, by ILS �. �1-(- , the g6n behalf o WELL-PROP (MULT6;"fiDelaware limited liabirfly company. Notary,Pubfc,State otNew York Na.0lffEt<1920tr9 "' Quallfted in Quieas County No ublic Commission EWrrs August 2$200 THIS INSTRUMENT DRAFTED BY: Richard F.Rosow,Esq. GREGERSON,ROSOW,JOHNSON&NILAN,LTD. 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402 Telephone: 612.33 8.0755 17 CONSENT OF LENDER LaSalle Bank N.A., as Trustee for the registered holders of Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2003-1 ("Lender"), hereby consents to the recording of the foregoing Permanent Easement in favor of the City of Eden Prairie, a municipal corporation of the State of Minnesota, and to the terms and conditions thereof. By. Bank of Amen Master Servicer By: Name: Title: t STATE OF )ss. COUNTY OF� The foregoing 'instrument was aclmoW edged befor me this`ZtJday of �'^-� 2006, by Qb (!h }!-rho the �,'A- - on beh of Bank of America NA,a National Association. NotarWblic Q i I r rn- • y''++r ii i •P � � •V re w • � 18 .TUN-13-2006 10:55 GREGERSON ROSOW 6123496716 P.03iO3 JUN-13-2006 TUE 09:27 Ali CLUB SPORTS INTL, FAX NO, Pr 03 CONSENT OF TENANT STARMARK CAMHOOD,L,L.C.,a Delaware corporation,as Tenant("Tenant") under that certain Lease Agreement dated as of February 12,2003 between Tenant and WELL. PROP(MULTI)LLC,a Delaware limited liability company, as Landlard,hereby consents to the recording of the foregoing Permanent Easement in-favor of the City of Eden Prairie,a municipal corporation of the State of Minnesota,and to the terms and conditions thereof. TENANT: STARMARK CAMHOOD,L.L.C., a Delaware limited liability company By:Starmark Holdings,L.L.C. its sole member and manager By ► 4f-4 Name P 0- Title: VP STATE Or- GtC r 1.cto ) �_ COUNTY or- 1 )Ss, �2 The foregoin instrument was acknowledged before me this � day of �U. e- ,2006,by� s 1~ the on Starmark Holdings, b,.L.C., the sole member of STAIZMARK CAMBOOD,L.L.C,,behalf Delaware limited liabilitty cornpa]ay, Notary Public + •,��3:'r�•'',1+"'.i`1•,�' i,. .' .' J� .Y .I:x,ti i f:� ".'r',I'.x'L ,7 '�4.: .. , �I•.. ,��k,kk(ai'<91;a%.„;''; 13L�to9V ..`:�',.,,� ',�';'u`�;'• t..lp;;• . ,. : • �.'. E � •�1� ��t•+ ,r•. 'Lj..t t+!!�,�',a�#!1�4,�: •�, :.�� ;*ido"1�4V�rsRapE�S� �w.u.Y,opFA;4fss�l'A' • YI' ��t��f'~ ,ly"�: ,•'x t`�ayY *•^.'�,..}�y,�+� r,.4,t:!,•�r:+.' y..,. ,�il�.: .,. y, .•,.v. }.dt`f. l i p ,. 'S. ',,.y:•�+[n t'ytr�'�t•�•�' ! r�. ,Y;l.. i�•• r `fr..H.• I•: ''�i, •e;IJ'i� xi_'tl, 'Rr Z�ii' '1''•1 ' •+• i` D: 7;'. t•_.y,�" of ++,,.lh�.•+++,•lpl, ,. Yt:G✓r p,,.•,'�'•';J'tl�'•i:'�i ex t{'•�). ) ' ,1• ''}4,��,yij�f��:�;}t,Y'f •!,,' ?t .1,44�r•:s.'';:' ;�:,,•;,,.?:q.`_..}sir f��2!,' , t yR8 v 1 1�•��';� !;� '•t+' .t'� _ a.�.(..�i t5,�' � "a r, I•N u//rl:k r• +• r` + S{,�j:•'tM,•;f�'+'.. ti':+ '74• :-';t.••1 r.+ 44 'L'',Yid�. ,,,' ) � !�•+:•:',i.tl., '1�[,:,�• ,. yt�5 r r .t t TOTAL P.03 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 20, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.# 02-5585 ITEM NO.: VILM. Leslie Stovring Approve the Annual Report for the Phase Public Works/Environmental II NPDES Storm Water Permit Program Services Requested Action Move to: Approve the Annual Report for the Phase II NPDES Storm Water Permit Program Synopsis The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency documenting how the City progressed on the Best Management Practices (BMPs)outlined in our Stormwater Pollution Prevention Plan(SWPPP). Background Information The NPDES Permit was promulgated in 1990 under the Clean Water Act (CWA) which is administered by the Environmental Protection Agency (EPA). The MPCA has assumed the role as the administrative agency for these requirements. The SWPPP was developed in April 2003 to provide a plan of action and a series of Best Management Practices (BMPs) which the City would undertake to assist in obtaining these goals. The SWPPP was presented to the Council on April 1, 2003. The revised SWPPP presented to the Council on May 16, 2006 will be reflected in the Annual Reports starting in 2007. The Annual Report provides the MPCA with a summary outlining specific BMPs relating to our stormwater system and reports what was completed during the 2005 permit year. The Annual Report will be posted on the Environment & Water Resources section on the City's web site along with the SWPPP and BMP Summary Sheets. Attachments • Annual Report ANNUAL REPORTfor 11 MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) For • 11 Due June 30, 2006 Use of this form is mandatory.By completing this Annual Report form,you are"providing the Minnesota Pollution Control Agency(MPCA)with a summary of your status of compliance with permit conditions, including an assessment of the appropriateness of your identified best management practices and progress towards achieving your identified measurable goals for each of the minimum control measures"as required by the MS4 Permit. Submit your annual report by June 30, 2006 to: MS4 Stormwater Program Municipal Division Minnesota Pollution Control Agency 520 Lafayette Road North St.Paul,MN 55155-4194 If you have questions about the MS4 Annual Report for 2005 form,please visit the MPCA's MS4 Web site, wwwv.pca.state.mn.us/water/stormwater/stormwater-ms4.htm1 or call the MPCA's Keith Cherryholmes(651)296-6945, or Scott Fox(651)296-9433. Contact the MPCA toll free at(800)657-3864. City of Eden Prairie Name of MS4 Leslie A. Stovring Name of Contact Person 952-949-8327 Telephone(include area code) 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City State ZIP code Minimal Control Measure#1: Public Education and Outreach on Stormwater Impacts A. Did you hold a public meeting for calendar year 2005 and discuss your Stormwater Pollution ® Yes ❑No Prevention Program(SWPPP)? [Part V.G.Le] B. If you did not comply with this requirement,explain why.Please attach a separate sheet labeled `MCM--I c.' C. How many individuals attended for stormwater? 6 D. What was the date of the public meeting? March 2,2006 E. On what date was it published? February 2,2006 F. Summarize your plan to increase attendance at your public meeting: This was the first public meeting we held where residents attended the meeting. We also got a number of calls in regards to the publication. We plan to continue promoting the stormwater meeting as a forum where community members can come in to discuss any water resource related issue. G. In what newspaper or publication of general interest did you publish the public notice of your meeting? [Part V.G.1.e.2]Please retain a copy of the public notice in your records. The notice was published in the Sun Current. We also ran articles in the Eden Prairie News. wq-strm4-06 Page 1 of 6 3/06 H. You must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. [Part V.G.l.a.]Please list the accomplishment under this permit requirement for the past year(January 2005—December 2005): Utility Bill Insert(MCM-IA), Website materials developed to promote education and information on stormwater issues for the City's web site(MCM-1B), City Council Submittal(MCM-1C),Environmental Video Production —Big Foot cd-rom currently being distributed to local teachers that includes education on sustainability,water conservation and stormwater impacts as well as recycling and solid waste reduction(MCM-1G),Environmental Learning Center tours(MCM-1H),New Resident Packets included information on lawn watering,water quality and recycling and drop off information(MCM-11),Participated in Citizen Assisted Monitoring Program with Metropolitan Council(MCM-1J),Participated in Watershed Partners Stormwater Runoff Education Exhibit at State Fair(MCM-1J),Participated in Metro Children's Water Festival(MCM-1J),participated in the state-wide Let's Keep it Clean educational campaign(MCM-1J) L You must specifically implement an education program that individually addresses each Minimum Control Measure [Part V.G. l.b.]: 1. Public education and outreach; 2. Public participation; 3. Illicit discharge detection and elimination; 4. Construction site stormwater runoff control; 5. Post-construction stormwater management in new development and redevelopment;and 6. Pollution prevention/good housekeeping for municipal operations.Please provide a status update concerning your efforts to implement this education program for each of the Minimum Control Measures. Provide your response below or provide a separate sheet labeled `MCM-1 h' The educational components were a part of each individual Minimum Control Measure(MCM)within our Stormwater Pollution Prevention Program(SWPPP). Minimal Central Measure 02: Public Participation/involvement A. During your public meeting,did you receive written and/or oral input on your SWPPP?[Part ®Yes ❑No V.G.2.b.1-3]Input must be considered prior to submittal ofyour annual report. B. Did you create a record of comments and your response to comments/record of decision(ROD)? ®Yes ❑No C. Have you kept the ROD in accordance with the permit? [Part V.G.2.b] ®Yes ❑No D. Do you plan to incorporate any comments into your next SWPPP update? [Part V.G.2.c]List items: ❑ Yes ®No The comments made did not warrant changes to the SWPPP,they were all questions on pond maintenance, lake projects,and other similar matters. Minimum Control Measure#3: ;Illicit Discharge Detection and Elimination You must develop, implement and enforce a program to detect and eliminate illicit discharges as defined at 40 CFR 122.26(b)(2)into your SWPPP. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. A. You must develop, if not already completed, a storm sewer system map showing the location of[Part V.G.3.a.]: 1. Ponds,streams, lakes and wetlands that are part of your system; 2. Structural pollution control devices(grit chambers, separators, etc.)that are part of your system; 3. All pipes and conveyances in your system,as a goal-but at minimum-those pipes that are 24 inches in diameter and over; wq-stom4-06 Page 2 of 6 3/06 4. Outfalls, including discharges from your system to other MS4s,or waters and wetlands that are not part of your system(where you do not have operational control);structures that discharge stormwater directly into groundwater; overland discharge points and all other points of discharge from your system that are outlets,not diffuse flow areas. Please explain here or on a separate sheet labeled MCM-3a, what your MS4 accomplished in developing this map during 2005: The City is continuing to input stormwater system information into an ArcView map and Microsoft Access database. The City is also working with the Watershed Districts to receive information on inlets,outlets and other information that they have collected for their lake and stream assessments. The utility department is starting to use GPS to locate catch basins to more accurately define stormwater system lines. B. You must,to the extent allowable under law,effectively prohibit,through ordinance or other regulatory mechanism, non-stormwater discharges from entering into your storm sewer [Part V.G.3.b.]; C. You must develop and implement a program to detect and address non-stormwater discharges, including illegal dumping,to your system; D. You must inform employees,businesses, and the general public in your MS4 area of hazards associated with illegal discharges and improper disposal of waste; E. You must address the following categories of non-stormwater discharges or flows(i.e.,illicit discharges),only if you identify them as significant contributors of pollutants to your small MS4: Water line flushing,landscape irrigation,diverted stream flows,rising ground waters,uncontaminated ground water infiltration(as defined at 40 CFR 35.2005(20)),uncontaminated pumped ground water,discharges from potable water sources, foundation drains,air conditioning condensation,irrigation water, springs,water from crawl space pumps, footing drains, lawn watering,truck and car washing,flows from riparian habitats and wetlands,dechlorinated swimming pool discharges, and street wash water,discharges or flows from firefighting activities. Please explain here or on a separate sheet labeled `MCM-3b'what accomplishments your MS4 has made in 2005 regarding an illicit discharge ordinance, detection and elimination: Continued promotion of the storm drain labeling program for volunteers(MCM-213),held an park clean up event on April 16,2005 (MCM-213),held an annual City Clean up on June 18,2005 where we also distributed information on disposal alternatives such as the Hennepin County Drop Off sites(MCM-3E),published information on the Hennepin County Drop Off site in the local paper in February 2005 (MCM-3C), added a "Report a Problem"link to the City website and published an article in the local paper on this new way to report environmental concerns,including unusual discharges or water body concerns in January 2005(MCM-3C). wy-strm4-06 Page 3 of 6 3/06 Minimum Control Measure#4: Construction Site Stormwater Runoff iControl You must develop, implement,and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities within your jurisdiction that result in a land disturbance of greater than or equal to one acre or is less than one acre but is part of a common plan of development that will be one acre or greater.You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure,at minimum: [Part V.G.4.] A. An ordinance or other regulatory mechanism to require erosion and sediment controls,as well as sanctions to ensure compliance,to the extent allowable under law. B. Requirements for construction site operators to implement appropriate erosion and sediment control best management practices; C. Requirements for construction site operators to control waste, such as discarded building materials,concrete truck washout,chemicals, litter,and sanitary waste at the construction site that may cause adverse impacts to water quality; D. Procedures for site plan review which incorporate consideration of potential water quality impacts; E. Procedures for receipt and consideration of reports of non compliance or other information on construction related issues submitted by the public,and F. Procedures for site inspection and enforcement of control measures. Please provide a status/update here or on a separate sheet labeled MCM--4,'concerning your efforts to meet this permit condition (be sure to indicate the citation for ordinance): The City Code section regarding land alteration and stormwater management was reviewed and a draft ordinance was completed for review in January 2005. A series of meetings were held in 2005 to discuss the proposed revision(MCM-4A). The revised ordinance was completed in February 2006. The new ordinance included a series of site plan review and non-compliance procedures that will be evaluated in 2006 to supplement existing measures. The City's Local Water Management Plan(LWMP)completed in 2004 included a series of site plan review requirements that were implemented in 2005 (MCM-5D). Minimum Control Measure#3: Post-construction Stormwater Management in New Development and Redevelopment You must develop,implement,and enforce a program to address stormwater runoff from new development and redevelopment projects within your jurisdiction that disturb greater than or equal to one acre,including projects less than one acre that are part of a larger common plan of development or sale that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or reduce water quality impacts.You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure.At minimum: A. Develop and implement strategies which include a combination of structural and/or non-structural BMP appropriate for your community; B. Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under law;and C. Ensure adequate long-term operation and maintenance of BMP installed as a result of these requirements. D. Do you feel your long-term operation and maintenance of your BMP is adequately funded? Please provide a status/update concerning your efforts to meet this permit condition. Please provide your response below or provide a separate sheet labeled `MCM-5:' Post construction requirements were implemented in coordination with MCM#4. A 5-year budget for the maintenance program was established as part of the LWMP(MCM-5D). The budget will be reviewed annually to determine if adjustments are required. Minimum Control Measure#6: ;Pollution Prevention/Good Housekeeping for Municipal Operations A. You must develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Training materials that are available from the U.S. Environmental Protection Agency, state and regional agencies, or other organizations may be used as appropriate or modified for your community.Your program must include employee training to prevent and reduce stormwater pollution from activities such as park and open space maintenance, fleet and building maintenance, wq-strm4-06 Page 4 of 6 3/06 new construction and land disturbances, and stormwater system maintenance. Please provide a status/update about your efforts in developing a Pollution Prevention Plan: City-wide training of staff was provided with the Right-to-Know training in February 2004,training for 2005 included working with department supervisors to go over the data collected for the previous year and discussion of opportunities for reducing stormwater impacts. The new"Report a Problem"link was publicized for employees as well as residents. Training needs were discussed for distribution during staff meetings. B. Did you identify and inspect all of your structural pollution control devices such as trap manholes, ® Yes ❑ No grit chambers, sumps, floatable skimmers and separators,etc.? [Part V.G.6.b.2] C. How many structural pollution control devices do you have in your MS4 system? 642 D. How many structural pollution control devices did you inspect? 642 E. Calculate the percentage: 100% If less than 100%were inspected,please explain why below or on a separate sheet labeled MCM--6e:' F. Did you repair,replace,or maintain any structural pollution control devices? ® Yes [:]No G. Briefly, summarize any significant unscheduled(not routine)maintenance or improvement activities stemming from inspections of your structural pollution control devices.What changes have been made to your SWPPP as a result?Please explain below 9 r attach a separate sheet labeled `MCM-6g' All routine. No changes made to the SWPPP. H. Did you identify and inspect at least 20%of outfalls and stormwater ponds? [Part V.G.6.b.3] ® Yes ❑ No 1. How many of each of the following do you have in your MS4? a. Outfalls (see definition in Permit): 785 b. Stormwater Ponds: 697 2. Indicate if these facilities have all been located, or have only been estimated: Estimated 3. How many of each did you inspect? a. Outfalls: 269 b. Stormwater Ponds: 144 4. What is the percentage inspected for each? a. Percentage of Outfalls: 34% b. Percentage of Stormwater Ponds: 20% 5. If less than 20%of each type(outfalls and stormwater ponds)was inspected,please explain why: Attach a separate sheet, if necessary, labeled `MCM-6h-5' 6. Briefly, summarize the dates of completion of major additional protection measures triggered by your inspections: [Part V.G.6.b.4]Attach a separate sheet, if necessary, labeled `MCM-6h-6' Routine inspections and repairs were conducted in 2005. Additional SWPPP issues A. Did you make a change to any identified best management practices or measurable goals that were ❑ Yes ®No submitted with your permit application?[Part V.G.6.b.1]If you responded yes, explain underpart B. B. Briefly list the best management practices using their unique identification numbers you used in your SWPPP or any measurable goals that will be changed in your updated SWPPP,and why they have changed:Attach a separate sheet if necessary labeled `7b.' C. Did you rely on any other entities(MS4s,consultants or contractors)to satisfy any portion of your ❑ Yes ® No SWPPP?If yes,please identify below the entity and for what activities: D. Do you discharge to waters with a restricted discharge?See Appendix C Part B;you may view the ❑ Yes ®No applicable rules at www.pca.state.nm.us/water/water mnrules.html.Ifyou need assistance with this determination, contact Keith Cherryholmes, MPCA, (651)296-6945. wq-strm4-06 Page 5 of 6 3/06 If you answered"no"to question"D,"above, skip ahead to the Owner or Operator Certification section of this application.No response is needed here unless there was a change in listing or where your discharge(s) is/are located since 2004. a) A map of the watersheds where your MS4 discharges to the waters with restricted discharge. Use a USGS map or equivalent b) A narrative estimate of the impervious surfaces where your MS4 discharges to the waters with restricted discharge(estimated total impervious from land use and zoning or existing data can be used if available). c) A narrative estimate of the future/projected impervious surfaces where your MS4 discharges to the waters with restricted discharge(using available zoning or planning information that may affect your future discharges). d) A narrative estimate of how your S WPPP can be altered to eliminate new or expanded discharges to the waters with restricted discharge.This consists of your preliminary plan to avoid,divert, or eliminate discharges to restricted waters,whenever possible. Owner or Operator Certification The person with overall administrative responsibility for SWPPP implementation must sign the annual report.This person must be duly authorized and should be the person who signed the MS4 permit application or a successor. I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete(Minn. R. 7001.0070). X Authorized Signature(This person must be duly authorized to sign the Date annual report for the MS4) Neal Scott City Manager Last Name First Name Title 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City State ZIP code 952-949-8300 sneal@edenprairie.org Telephone(include area code) E-mail Address Submit your annual report by June 30, 2006 to: MS4 Stormwater Program Municipal Division Minnesota Pollution Control Agency 520 Lafayette Road North St.Paul,MN 55155-4194 If you have questions about the MS4 Annual Report for 2005 form,please visit the MPCA's MS4 Web site, wwwpca.state.mn.us/water/stormwater/stormwater-ms4.html or call the MPCA's Keith Cherryholmes(651)296-6945 or Scott Fox(651)296-9433.Contact the MPCA toll free at(800)657-3864. wq-strm4-06 Page 6 of 6 3/06 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILN. Police Department Authorize Sale of Police Department Firearms Sergeant Dave Becker and Equipment Requested Action Move to: Authorize the sale of Police Department firearms and firearm equipment to other governmental agencies. Synopsis The Police Department is requesting council authorization to sell: • Four MP5 conversion kits ($200 each) • 10 cases of ammunition($650) • Six MP5A3 9mm submachine guns($750 each) Background This equipment is surplus due to a department changeover to a different weapons system. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 20, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.O. Community Development Approve Agreement for use of CDBG funds Janet Jeremiah,Director to rehabilitate A Better Chance(ABC) Site Molly Koivumaki,Housing and Human Services Manager Requested Action Move to: Approve the agreement between the City of Eden Prairie and the A Better Chance (ABC)Foundation to use CDBG funds for rehabilitation of the ABC houses. Synopsis In April 2006,the City Council approved the use of up to $80,000 in CDBG funds to rehabilitate the ABC site at 8771 and 8761 Preserve Blvd. The agreement between the City of Eden Prairie and the ABC Foundation specifies the terms and conditions under which the funds may be used. Background Information The ABC Foundation owns two homes in Eden Prairie, at 8771 and 8761 Preserve Blvd. High school students enrolled in the ABC program live in one home and the program's Executive Director and his family live in the other home. Both homes are in need of significant repair and updates to meet safety standards, increase energy efficiency and to retain their structural viability. Community volunteers will provide hours of labor throughout the project, and will provide overall project management. The Eden Prairie ABC Foundation is a community organization which brings qualified, highly motivated minority students from all over the United States to Eden Prairie High School for their freshman through senior years. It provides an opportunity for deserving students who may not otherwise reach their potential to have a better chance. The home in Eden Prairie,which has a capacity for 15 students, is supervised by resident assistants Attachment Grant Program Agreement CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2006, by and between A Better Chance Foundation, a Minnesota non-profit corporation having its principal office at 8761 Preserve Boulevard, Eden Prairie, Minnesota 55344 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the"City"). WHEREAS,the City has provided Recipient with ($ ) dollars, on Recipient's behalf as a grant for rehabilitation work on existing residential housing owned and occupied by Recipient (hereinafter referred to as "the Grant"), the receipt and sufficiency of which is hereby acknowledged by Recipient, primarily to improve the conditions relating to health, safety, and energy efficiency of said housing, or to provide essential accessibility improvements, said real estate being legally described in Exhibit A attached (the "Real Property");and WHEREAS, in accordance with the provisions of said Minnesota Statutes, Recipient and the City desire to set forth herein the provisions for providing the Grant to Recipient. NOW, THEREFORE, in consideration of said Grant and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Recipient covenants and agrees with the City to pay to the order of the City the principal sum of the Grant, plus interest as described in Paragraph 2 below, at the office of the City, or at such other place as the City may designate in writing delivered or mailed to the Recipient, upon the occurrence of any of the following events: 1.1. If the Real Property is sold,transferred, or otherwise conveyed(whether by deed,contract for deed, or otherwise); and whether voluntary or involuntary, five(5)years from the date of this Agreement;or 1.2. If the Real Property ceases for any reason to be the Recipient's principal place of business within five(5)years after the date of this Agreement;or 1.3. If Recipient ceases operations for any reason within five (5) years after the date of this Agreement;or 1.4. If the Real Property is no longer used for a function of Respondent, including the use of the home in which Gardner Gay currently resides. Repayment of the Grant as required under the terms of this Paragraph 1 shall be made to the City not later than the date of closing of the sale,transfer or other conveyance referred to in Paragraph 1.1, above, the date upon which the real estate ceases to be the Recipient's principal place of business as provided in Paragraph 1.2 thereof,the date upon which Recipient ceases operations as provided in Paragraph 1.3 thereof, or the date upon which the Real Property is used for a different function,whichever is earlier. 2. In the event repayment of the Grant is required, Recipient agrees to pay interest in addition to the principal sum of the Grant. Simple interest at the rate of five percent (5%) per annum shall be charged. 3. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 3.1. The Real Property is owned by the Recipient as of the date of the Grant, and the Recipient has no present intention to rent the said property, or to sell, assign, or transfer the interest of the Recipient in said Real Property to another;and 3.2. The proceeds of the Grant will be used only for alterations,repairs,or improvements on or in connection with the Real Property, primarily to improve the conditions relating to health, safety, or energy efficiency of the dwelling located thereon, or to provide essential accessibility improvements thereto;and 3.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 3.4. Recipient further specifically covenants and agrees with the City that Recipient's breach of the provisions of this Paragraph 3 constitutes an event requiring repayment of the Grant in the manner provided in Paragraph 1 and an event of default permitting foreclosure of the Lien in the manner provided in Paragraph 6. 2 4. As security for the Recipient's covenant and obligation for repayment as herein provided, and subject to the terms and conditions of this Agreement, Recipient hereby grants, and the City shall and hereby does have, a lien on the real estate hereinafter described, together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy such repayment obligation and the cost, including reasonable attorney fees of collecting the same. The said real estate subject to said lien is situated in Hennepin County, Minnesota, and is legally described on Exhibit A attached. 5. Recipient shall give written notice to the City thirty (30) days prior to the date of the closing of any sale,transfer,or other conveyance of the property or the date upon which said property ceases to be the Recipient's principal place of residence. 6. In the event Recipient shall in any way be in default under the terms and conditions of this Agreement, the Recipient confers upon the City the option of declaring all sums then owing by the Recipient immediately due and payable without notice and confesses judgement in said amount,and hereby authorizes and empowers the City to enter said judgment and to foreclose this Lien by judicial proceedings or to sell the liened premises at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs, charges and fees the Recipient herein agrees to pay. 7. The Recipient and the City further covenant and agree as follows: 7.1. Recipient shall be furnished a conformed copy of this Agreement at the time of execution or after recordation. 7.2. Upon default of any covenant or agreement by Recipient under the terms of this Agreement, City prior to foreclosure shall mail notice to Recipient as provided herein specifying: 7.2.1. the nature of the default by the Recipient, 7.2.2. the action required to cure such default, 7.2.3. a date, if such default is capable of being cured by Recipient, not less then thirty (30) days from the date the notice is mailed to Recipient by which such default, if capable of being cured,must be cured;and 7.2.4. that failure to cure such default on or before the date specified in the notice may result in acceleration of the sum secured by this Mortgage and sale of the mortgaged premises. 7.3. The notice shall further inform Recipient of the right, if any,to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of the Recipient to acceleration and sale. 3 7.4. In addition to any notice required under applicable law to be given in another manner: 7.4.1. any notice of the Recipient provided for this Agreement shall be given by mailing such notice by certified mail addressed to the Recipient at the address of the liened premises, or at such other address as the Recipient may designate by notice in writing to the City as provided herein;and 7.4.2. any notice to the City shall be given by certified mail, return receipt requested, to the City at the address of the City on page one (1) of this Agreement, or to such other address as City may designate by notice in writing to the Recipient as provided herein. Any notice provided for in this Agreement shall be deemed to have been given to the Recipient or the City when given in the manner designated herein.e . 9. This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of the Recipient shall be joint and several. 10. In the event that any provision or clause of this Agreement shall conflict with applicable law, such conflict shall not affect the other provisions of this Agreement which can be given effect without the conflictingprovisions, and to this end the provisions of the Agreement are declared to p P �' be severable. A BETTER CHANCE FOUNDATION CITY OF EDEN PRAIRIE Owner Mayor,City of Eden Prairie Owner City Manager,City of Eden Prairie STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of , 20 , a Notary Public within and for said County, personally appeared , Owner of A Better Chance Foundation, and , Owner of A Better Chance Foundation, to me known to be the person(s) described herein and who executed the foregoing instrument and acknowledged that he executed the same as free act and deed. Notary Public Hennepin County,Minnesota My Commission Expires: 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 20 , a Notary Public within and for said County, personally appeared Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, and Scott H.Neal, City Manager of the City of Eden Prairie,to me known to be the persons described herein and who executed the foregoing instrument and acknowledged that they executed the same as her/his free act and deed. Notary Public Hennepin County,Minnesota My Commission Expires: This instrument was drafted by: Gregerson,Rosow,Johnson&Nilan,LTD 1600 Park Building 650 Third Avenue South Minneapolis,MN 55402-4337 (612)338-0755 PAHome\EPTommunity Dev\ABC House\Repayment Agreement.doc 5 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 20, 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 153570- 153951 Wire Transfers 2474-2482 City of Eden Prairie Council Check Summary 6/20/2006 Division Amount General 31,965 100 City Manager 409 101 Legislative 3,370 110 City Clerk 147 III Customer Service 8,877 113 Communication Services 3,774 114 Benefits&Training 367 115 Risk Management 3,495 116 Facilities 29,673 117 City Center 29,597 131 Finance 403 132 Social Services 3,514 133 Planning 262 135 Information Technology 12,856 136 Wireless Communication 899 137 Economic Development 328 138 Community Development Admin. 32 150 Park Administration 50 151 Park Maintenance 22,353 153 Organized Athletics 2,320 154 Community Center 1,945 156 Youth Programs 1,154 158 Adult Recreation 2,836 159 Recreation Administration 486 160 Therapeutic Recreation 200 161 Oak Point Pool 48 162 Arts 936 163 Outdoor Center 4,314 164 Park Rental Facilities 245 180 Police 26,683 184 Fire 1,315 185 Animal Control 790 186 Inspections 20 200 Engineering 2,800 201 Street Maintenance 34,564 202 Street Lighting 59,599 203 Fleet Services 19,533 204 Equipment Revolving 56,106 300 Heritage Preservation Grants 1,200 301 CDBG 10,090 303 Cemetary Operation 810 304 Senior Board 862 308 E-911 1,481 316 WAFTA 10,157 416 Certificate Debt Fund 16,413 417 $3,390,000 Facility Bond 2000 63,250 426 G.O.Equip Cert.2004B-Pumper 110,000 427 2005 G.O.IMPR BONDS 75,902 428 G.O.Improv.Revolving 2005B 67,398 503 Utility Improvement 57,078 506 Improvment Bonds 1996 12,800 509 CIP Fund 95,874 512 CIP Trails 420 516 ADC PROJECT 464 519 Community Center Referendum 45,124 601 Prairie Village Liquor 78,815 602 Den Road Liquor 133,228 603 Prairie View Liquor 84,901 605 Den Road Building 1,985 701 Water Fund 104,686 702 Sewer Fund 6,814 703 Storm Drainage Fund 11,422 803 Escrow Fund 974 807 Benefits Fund 454,785 Report Totals 1,815,194 City of Eden Prairie Council Check Register 6/20/2006 Check# Amount Vendor/Explanation Account Description Business Unit 2474 18,941 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2475 126,413 ANCHOR BANK Principal G.O.Equip.Cert.2004B-Pumper 2476 63,250 BANK OF NEW YORK,THE Interest $3,390,000 Facility Bond 2000 2477 143,301 WELLS FARGO BANK MINNESOTA NA Interest G.O.Improv Revolving 2005B 2478 16,357 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2479 11,332 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2480 86,850 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2481 27,682 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2482 141,596 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 153572 5,118 BIFFS INC Waste Disposal Park Maintenance 153573 90 BUSINESS JOURNAL,THE Dues&Subscriptions Water Utility-General 153574 36 CENTER POINT ENERGY MGCO Cash Over/Short General Fund 153575 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 153576 209 CONSTRUCTION BULLETIN Dues&Subscriptions Engineering 153577 10,157 ENSR Other Contracted Services WAFTA 153578 1,038 ESBENSEN,GEORGE Travel Expense Fire 153579 150 HENNEPIN COUNTY TREASURER Operating Supplies Planning 153580 1,500 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 153581 180 K HOVNANIAN HOMES Cash Over/Short General Fund 153582 122 KEATING,MARY Operating Supplies Senior Board 153583 15 KRAEMERS HARDWARE INC Operating Supplies Softball 153584 75 LEIPOLD'S OF EXCELSIOR Other Contracted Services Cummins House Special Events 153585 650 MICHAELSON,LIZ Other Contracted Services Summer Theatre 153586 975 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 153587 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 153588 1 General Fund 58 MINNESOTA DEPT OF REVENUE Garnishment Withheld G 153589 37,146 MN DNR WATERS Licenses&Taxes Water Utility-General 153590 75 MORSE,KATHERINE Other Contracted Services Cummins House Special Events 153591 80 MPCA Tuition Reimbursement/School Water Utility-General 153592 185 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 153593 135 NFPA Dues&Subscriptions Fire 153594 425 OLMSTED COUNTY SHERIFF'S DEPAR Deposits Escrow 153595 321 PROP United Way Withheld General Fund 153596 336 QWEST Telephone Edenvale Park 153597 2,404 SPRINT Wireless Subscription Information Technology 153598 290 UNITED WAY United Way Withheld General Fund 153599 141 WALMART COMMUNITY Operating Supplies Police 153600 349 ANCHOR PAPER COMPANY Office Supplies General 153601 295 CARLSON,DAN Conference Expense Police 153602 673 COSTCO Operating Supplies Fitness Classes 153603 295 DEMANN,JIM Conference Expense Police 153604 249 EDINA,CITY OF Deposits Escrow 153605 100 FLEISCHAUER,LANCE Operating Supplies Senior Board 153606 16 J H LARSON COMPANY Building Repair&Maint. Den Road Liquor Store 153607 300 MILLE LACS COUNTY SHERIFF'S DE Deposits Escrow 153608 35 MINNESOTA DEPT OF HEALTH Licenses&Taxes Concessions 153609 405 NEW FOGEY FOLLIES Special Event Fees Trips 153610 91 WHITE,NICOLE Mileage&Parking Senior Center Administration 153611 50 WILS Dues&Subscriptions Parks Administration 153612 202 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 153613 19 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 153614 8,296 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 153615 132 BOURGET IMPORTS Wine Imported Prairie Village Liquor Store 153616 6,429 DAY DISTRIBUTING Beer Prairie Village Liquor Store 153617 2,155 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 153618 128 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 153619 334 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 153620 273 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 153621 9,751 GRIGGS COOPER&CO Liquor Den Road Liquor Store 153622 990 HOHENSTEINS INC Beer Prairie Village Liquor Store 153624 24,698 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 153625 396 MARGRON SKOGLUND WINE IMPORTS, Wine Domestic Den Road Liquor Store 153626 9,485 MARK VII Beer Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 153627 410 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 153628 5,095 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 153629 14,289 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 153630 2,561 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 153631 14,125 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 153632 159 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 153633 443 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie View Liquor Store 153634 13,533 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 153635 11,150 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 153636 492 TRUE FABRICATIONS Operating Supplies Den Road Liquor Store 153637 359 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 153638 962 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 153639 81 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 153640 8 BAKER,PEGGY Program Fee Tennis 153641 8 BLUESTEIN,SUZANNE Program Fee Tennis 153642 8 CAI,AIJUAN Program Fee Tennis 153643 17 DAHL,GAYLE Program Fee Red Hat 153644 6 DAME,HEIDRUN Program Fee Tennis 153645 16 DASUKI,RINTO Program Fee Tennis 153646 8 DAVIS,JANA Program Fee Tennis 153647 255 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 153648 48 EDLUND,JENNIFER Lessons&Classes Oak Point Lessons 153649 113 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals General 153650 336 GREATAMERICA LEASING CORP. Other Rentals General 153651 16 HO,PUILING Program Fee Tennis 153652 8 HUANG,LEI Program Fee Tennis 153653 8 HUMBERT,JOHN Program Fee Tennis 153654 245 IND SCHOOL DIST 272 Riley Lake Shelter Park Facilities 153655 6 LIMAYE,HARSHAVARDHAN Program Fee Tennis 153656 8 MANVIKAR,RAGHVENDRA Program Fee Tennis 153658 880 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 153659 94 MINNESOTA ZOO Special Event Fees Leisure Education 153660 8 NAMBIAR,SAJIT Program Fee Tennis 153661 6 OSMAN,KIM Program Fee Tennis 153662 8 PANDA,PURNENDU Program Fee Tennis 153663 8 PERKINS,MICHAEL Program Fee Tennis 153664 8 PETRESCU,DANIELA Program Fee Tennis 153665 81 PETTY CASH-EPCC Mileage&Parking Community Center Admin 153666 8 PLAGER,DEBBIE Program Fee Tennis 153667 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 153668 2,636 QWEST Pager&Cell Phone Sewer Utility-General 153669 62,624 XCEL ENERGY Electric Round Lake 153670 11 ZELLER,DEBBIE Program Fee Tennis 153671 595 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 153672 100 BEACH,GEORGIA Refunds Environmental Education 153673 8,075 CARDMEMBER SERVICE Tuition Reimbursement/School Police 153674 80 CENTERPOINT ENERGY Gas Miller Park 153675 100 CHESLEY,DAWN Refunds Environmental Education 153676 100 CLAUS,DEBRA Refunds Environmental Education 153677 30 DRAMATISTS PLAY SERVICE INC Other Contracted Services Arts Initiative 153678 175 FBI NAA Tuition Reimbursement/School Police 153679 239 FEDEX Equipment Repair&Maint Fleet Services 153680 179 FRED PRYOR SEMINARS Tuition Reimbursement/School Police 153681 410 FSH COMMUNICATIONS LLC Telephone Miller Park 153682 457 GE CAPITAL Other Rentals General 153683 32 KRAEMERS HARDWARE INC Equipment Repair&Maint Sewer System Maintenance 153684 1,582 METRO SALES INCORPORATED* Other Rentals General 153685 60 MV HANSEN&ASSOCIATES Operating Supplies Girls on the Run 153686 249 OFFICE DEPOT CREDIT PLAN Miscellaneous Communication Services 153687 410 PETTY CASH Operating Supplies Fire 153688 358 PETTY CASH-POLICE DEPT Operating Supplies Police 153689 115 PRIORITY COURIER EXPERTS Equipment Parts Fleet Services 153690 36 QWEST Telephone Sewer Liftstation 153691 500 SCHULKE,REED Petty Cash&Change Funds General Fund 153692 1,488 US POSTMASTER-HOPKINS Postage Water Accounting 153693 144 VERIZON WIRELESS Pager&Cell Phone Water Utility-General 153694 658 WORK CONNECTION,THE Other Contracted Services Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 153695 229 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 153696 12,800 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 1996 153698 2,011 GENUINE PARTS COMPANY Equipment Parts Fleet Services 153699 100 GERST,JEFF Refunds Environmental Education 153700 100 HAGEN,REBEKAH Refunds Environmental Education 153701 10 HASZ,MARLYS Program Fee Outdoor Center 153702 427 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 153703 12 HOCHREIN,PAMELA Events/Admission Fee Teen Programs 153704 72 HOEDEMAN,LEAH Program Fee Outdoor Center 153705 3,393 IND SCHOOL DIST 272 Other Contracted Services Housing,Trans,&Human Sery 153706 100 LUNDGREN,MIKE Refunds Environmental Education 153707 100 MCQUOID,DAVID Refunds Environmental Education 153708 100 MILLER,KIRSTEN Refunds Environmental Education 153709 156 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 153710 272 PETTY CASH-CARLA KRESS Operating Supplies Senior Board 153711 75 RASKIN,DAVID Program Fee Preschool Events 153712 8 ST JAMES,DIANE Program Fee Tennis 153713 100 STEPHENS,SHARON Refunds Environmental Education 153714 14 THOMAS,LILLIAN Program Fee Tennis 153715 8 TRINTER,ANN Program Fee Tennis 153716 58 WHITE,NICOLE Operating Supplies Teen Programs 153717 5 WILCOX,JOHN Program Fee Outdoor Center 153718 2,336 XCEL ENERGY Electric Traffic Signals 153719 27 ZIEMKE,ERVIN&JANIS DONELSON AR Utility Water Enterprise Fund 153720 125 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 153721 111 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 153722 6,171 BELLBOY CORPORATION Liquor Den Road Liquor Store 153723 210 BOURGET IMPORTS Wine Domestic Prairie Village Liquor Store 153724 7,068 DAY DISTRIBUTING Beer Prairie View Liquor Store 153725 64 DIM DISTRIBUTING INC Misc Taxable Prairie View Liquor Store 153726 3,953 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store 153727 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 153728 1,029 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 153729 16,839 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 153731 39,189 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 153732 524 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store 153733 11,547 MARK VII Beer Prairie View Liquor Store 153734 1,434 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 153735 543 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 153736 6,399 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 153737 12,627 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 153738 3,036 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 153739 24,109 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 153740 334 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 153741 740 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 153742 10,606 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 153743 14,295 THORPE DISTRIBUTING Beer Prairie View Liquor Store 153744 1,797 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 153745 1,376 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 153746 110 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 153747 1,259 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 153748 2,377 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 153749 15 ANDERSON,JOANNE Facility Rentals Community Center Admin 153750 159 ANDERSON,PATRICE Program Fee Playgrounds 153751 1,034 ARCH WIRELESS Pager&Cell Phone Police 153752 50 AULT,CRAIG Refunds Environmental Education 153753 650 BLOOMINGTON,CITY OF Kennel Services Animal Control 153754 50 BOLD,PAULINE Instructor Service Outdoor Center 153755 1,800 CAMPOS,LORI Instructor Service Outdoor Center 153756 86 CARLSON,DAN Dues&Subscriptions Police 153757 100 CAZA,MARY Refunds Environmental Education 153758 112 CHAFFEE,MARY Program Fee Playgrounds 153759 325 CUB FOODS EDEN PRAIRIE Operating Supplies Police 153760 36 DAVIS,DONNA Lessons&Classes Ice Arena 153761 177 ECKELMAN,MANDY Lessons&Classes Pool Lessons 153762 100 FRANCIS,DEBRA Refunds Environmental Education 153763 147 FRANZEN,JAMES Operating Supplies Reserves Check# Amount Vendor/Explanation Account Description Business Unit 153764 179 FRED PRYOR SEMINARS Tuition Reimbursement/School Police 153765 179 GOOD,JAMIE Tuition Reimbursement/School Police 153766 1,433 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 153767 4,911 HENNEPIN COUNTY TREASURER Board of Prisoner Police 153768 100 HICKS,PAULA Refunds Environmental Education 153769 134 INSTITUTE OF TRANSPORTATION EN Operating Supplies Planning 153770 300 JOHN E REID&ASSOCIATES Tuition Reimbursement/School Police 153771 177 LANG,KIM Lessons&Classes Pool Lessons 153772 825 METROPOLITAN COUNCIL ENVIRONME Other Contracted Services Storm Drainage 153773 86 MILLARD,EMILY Investigation Travel Police 153774 1,792 MINNESOTA VALLEY ELECTRIC COOP Electric Park Maintenance 153775 100 MOEN,RAYMOND Refunds Environmental Education 153776 139 OLSON,ROBERT Mileage&Parking Police 153777 2,634 QWEST Telephone Sewer Liftstation 153778 78 ROGGOW,SUE Lessons&Classes Fitness Classes 153779 54 ROMAN,NHULANG Lessons&Classes Ice Arena 153782 532 A TO Z RENTAL CENTER Other Rentals Park Maintenance 153783 3,239 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 153784 305 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 153785 12 AMERICAN RED CROSS Recreation Supplies Pool Lessons 153786 1,384 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 153787 6,039 AQUA ENGINEERING INC Grounds Maintenance Water Treatment Plant 153788 44 AQUA LOGIC INC Supplies-General Bldg Pool Maintenance 153789 82 ARMOR HOLDINGS Training Supplies Police 153790 3,325 ASPHALT MAINTENANCE CO Contract Svcs-Asphalt/Concr. Den Bldg.-CAM 153791 250 ASSOCIATED BAG COMPANY Operating Supplies Police 153792 59,024 AUDIOVISUAL INC Machinery&Equipment CIP-Bonds 153793 1,200 B&B HOME CRAFTERS Other Contracted Services Rehab 153794 407 BATTERIES PLUS Supplies-General Bldg Den Road Liquor Store 153795 32 BATTERY STORE INC,THE Operating Supplies Police 153796 1,636 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 153797 1,690 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 153798 40,814 BERGERSON-CASWELL INC Improvement Contracts Utility Improvement Fund 153799 68 BERRY COFFEE COMPANY Safety Supplies Senior Center Operations 153800 750 BEST&FLANAGAN LLP Other Contracted Services Rehab 153801 55 BLACK&DECKER,USPTG Equipment Repair&Maint Park Maintenance 153802 1,083 BOYER TRUCKS Equipment Parts Fleet Services 153803 247 BRO-TEX INC Safety Supplies Fleet Services 153804 8 BROADWAY AWARDS Operating Supplies Reserves 153805 1,262 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 153806 36,947 CAR TRUCK CITY AND GMAC Autos Police 153807 230 CARLSON,KAREN Clothing&Uniforms Police 153808 280 CATCO PARTS SERVICE Equipment Repair&Maint Fleet Services 153809 1,707 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 153810 239 CLAREYS INC Safety Supplies Water Treatment Plant 153811 2,609 COMMVAULT SYSTEMS,INC. Software Maintenance Information Technology 153812 21 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Services 153813 1,317 CONNEY SAFETY PRODUCTS Office Supplies General 153814 3,056 CORPORATE EXPRESS Office Supplies General 153815 194 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Services 153816 4,994 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 153817 115 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 153818 1,406 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM 153819 45,124 DELANO ERICKSON ARCHITECTS Design&Engineering Community Center Referendum 153820 52 DELEGARD TOOL CO Small Tools Fleet Services 153821 918 DELI DOUBLE Operating Supplies Senior Board 153822 192 DELL Office Supplies General 153823 2,990 DESTINY HOMES Other Contracted Services Rehab 153824 350 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 153825 28,121 DIVERSE BUILDING MAINTENANCE Cleaning Supplies-Garden Roo City Hall-CAM 153826 170 DUDA PLUMBING SERVICE INC Other Contracted Services Water System Maintenance 153827 467 EARL F ANDERSEN INC Signs Traffic Signs 153828 933 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 153829 533 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 153830 682 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Services 153831 28,772 ENVIRONMENTAL PROCESS INC Building Repair&Maint. Capital Impr./Maint.Fund 153832 2,578 ESS BROTHERS&SONS Repair&Maint.Supplies Sewer System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 153833 176 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 153834 418 FALCK,TIMOTHY R Other Contracted Services Softball 153835 8 FASTENAL COMPANY Operating Supplies Park Maintenance 153836 100 FERO,STACEY Other Contracted Services Volleyball 153837 1,800 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services 153838 152 G&K SERVICES Clothing&Uniforms Sewer Utility-General 153839 150 GENERAL MACHINING INC. Equipment Repair&Maint Fleet Services 153840 580 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 153841 1,589 GRAFIX SHOPPE Equipment Parts Fleet Services 153842 1,105 GRAINGER Supplies-HVAC City Hall-CAM 153843 4,929 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 153844 35 GS DIRECT Operating Supplies Engineering 153845 126 HAGEN,SIDNEY E Other Contracted Services Softball 153846 201 HANSEN THORP PELLINEN OLSON Design&Engineering Capital Impr./Maint.Fund 153847 179,715 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 153848 1,050 HENNEPIN COUNTY HOUSING,COMMU Other Contracted Services Rehab 153849 509 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 153850 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 153851 1,024 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 153852 37 INSIGHT PUBLIC SECTOR Miscellaneous Information Technology 153853 41 INTERSTATE POWER SYSTEMS INC Equipment Parts Fleet Services 153854 72 ISTATE Equipment Parts Fleet Services 153855 3,495 J A PRICE AGENCY INC Insurance Risk Management 153856 100 J-CRAFT DIV OF CRYSTEEL MFG IN Equipment Parts Fleet Services 153857 194 JANEX INC Janitor Service Fire Station#2 153858 571 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 153859 2,752 K&H OUTDOORS,INC Other Contracted Services Pleasant Hill Cemetary 153860 490 KEEPERS Clothing&Uniforms Reserves 153861 353 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM 153862 687 LAB SAFETY SUPPLY INC Safety Supplies Water Treatment Plant 153863 683 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1 153864 368 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 153865 1,345 LAND EQUIPMENT INC Equipment Parts Fleet Services 153866 230 LEROY JOB TRUCKING INC Landscape Materials/Supp Park Maintenance 153867 110 LESCO INC Landscape Materials/Supp Water System Maintenance 153868 8 LOES OIL COMPANY Waste Disposal Fleet Services 153869 134 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 153870 16,263 MAGNEY CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 153871 464 MAPLE CREST LANDSCAPE LLC Repair&Maint.Supplies ADC PROJECT 153872 28,125 MCF-LINO LAKES Other Contracted Services Street Maintenance 153873 680 MED COMPASS Other Contracted Services Police 153875 1,344 MENARDS Repair&Maint.Supplies Sewer.System Maintenance 153876 106 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 153877 3,744 METRO CONCRETE RAISING INC Mudjacking Curbs Drainage 153878 810 METROPOLITAN FORD Equipment Repair&Maint Fleet Services 153879 1,380 MICHAUD COOLEY ERICKSON Other Contracted Services Communication Services 153880 858 MICHELAU,JOHN Other Contracted Services Softball 153881 2,410 MIDWEST AQUA CARE INC Other Contracted Services Park Maintenance 153882 4,719 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 153883 1,689 MIDWEST DESIGN CO Printing Police 153884 184 MINNESOTA COMPUTERS FOR SCHOOL Miscellaneous Information Technology 153885 3,320 MINNESOTA CONWAY Safety Supplies Fleet Services 153886 22,924 MINNESOTA DEPT OF HEALTH Miscellaneous Water System Sample 153887 370 MINNESOTA GLOVE INC Safety Supplies Fleet Services 153888 19,159 MINNESOTA SUPPLY COMPANY Machinery&Equipment Public Works 153889 190 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 153890 37 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 153891 879 MTI DISTRIBUTING INC Equipment Parts Fleet Services 153892 176 MURRAY,JOHN Other Contracted Services Softball 153893 2,014 NATIONAL WATERWORKS Repair&Maint.Supplies Park Maintenance 153894 584 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 153895 2,005 NORTHLAND BUSINESS SYSTEMS Software Maintenance Information Technology 153896 1,806 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 153897 273 NRG PROCESSING SOLUTIONS Landscape Materials/Supp Park Maintenance 153898 162 NUCO2 INC Chemicals Pool Maintenance 153899 39 OLSEN COMPANIES Operating Supplies Street Maintenance 153900 363 PAM OIL INC Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 153901 2,169 PARROTT CONTRACTING INC Improvement Contracts Storm Drainage 153902 38 PETSMART Canine Supplies Police 153903 4,100 PLEHAL BLACKTOPPING INC Other Contracted Services Rehab 153904 2,388 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Ice Arena Maintenance 153905 266 PRAIRIE OFFSET PRINTING Printing Street Maintenance 153906 533 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 153907 319 PRESERVE ASSOCIATION,THE Operating Supplies Park Maintenance 153908 171 REAL GEM Awards City Council 153909 1,200 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 153910 27 SCHARBER&SONS Equipment Parts Fleet Services 153911 2,740 SHANNON CHEMICAL CORPORATION Treatment Chemicals Water Treatment Plant 153912 3,626 SIGNAL SYSTEMS INC. Miscellaneous Information Technology 153913 193 SNAP-ON TOOLS Small Tools Fleet Services 153914 231 SNEEN,NICOLE D Other Contracted Services Softball 153915 2,154 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 153916 722 SPIRIT APPAREL&STUFF Operating Supplies Girls on the Run 153917 808 SPS COMPANIES Supplies-Plumbing Community Center Maintenance 153918 516 ST CROIX RECREATION CO INC Repair&Maint.Supplies Miller Park 153919 843 STATE CHEMICAL MFG.CO.,THE Cleaning Supplies Water Treatment Plant 153920 692 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 153921 1,285 STERLING FENCE INC Equipment Repair&Maint Street Maintenance 153922 5,385 STREICHERS Clothing&Uniforms Police 153923 1,791 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Services 153924 2,400 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 153925 60 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 153926 147 SUN NEWSPAPERS Legal Notices Publishing City Clerk 153927 175 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 153928 1,170 TAHER INC CATERING Special Event Fees Red Hat 153929 2,099 TECHNICAL REPRODUCTIONS INC Operating Supplies Engineering 153930 387 TESSCO Equipment Parts Water Meter Reading 153931 1,968 TESSMAN SEED CO Chemicals Park Maintenance 153932 150 TEXTTRUST Other Contracted Services Communication Services 153933 1,770 TKE CORP Contract Svcs-Elevator Fire Station#1 153934 986 TLC CAFE&CATERING Tuition Reimbursement/School Police 153935 144 TOMS WINDOW CLEANING Janitor Service-General Bldg Den Road Building 153936 730 TOWN AND COUNTRY DODGE Equipment Repair&Maint Fleet Services 153937 611 TWIN CITY FILTER SERVICE INC Supplies-HVAC Public Works/Parks 153938 113 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 153939 1,280 UNDERGROUND PIERCING INC Other Contracted Services Street Lighting 153940 141 V WR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 153941 17 W E NEAL SLATE CO Supplies-General Bldg Furniture 153942 9,620 WALL TRENDS INC Building Repair&Maint. Capital Impr./Maint.Fund 153943 60 WEBER,GREGORY J. Landscape Materials/Sapp- Street Maintenance 153944 6,062 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 153945 511 WESTSIDE EQUIPMENT Equipment Parts Fleet Services 153946 833 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 153947 1,404 WORK CONNECTION,THE Other Contracted Services Park Maintenance 153948 452 WYNN ENVIRONMENTAL SALES INC Equipment Repair&Maint Park Maintenance 153949 14,166 YALE MECHANICAL INC Contract Svcs-HVAC Community Center Maintenance 153950 399 ZAHN,GERALD Other Contracted Services Volleyball 153951 378 ZEE MEDICAL SERVICE Safety Supplies Pool Operations 1,815,194 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Appointments June 20, 2006 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: XIII.A. Michael Barone,Assistant Student on Commissions Appointments to the City Manager for the 2006—2007 school year Requested Action: • Move to: Appoint Cassandra Warman to the Fall class; Colin O'Donnell to the Winter/Spring class; and Sarah Ericson and Kristy Shillock to both Fall& Winter/Spring classes for the Arts and Culture Commission during the 2006—2007 Students on Commission year. • Move to: Appoint Casey Russell and Jennifer Brown to the Fall class;Alesia Casanova and Mark Muston to the Winter/Spring class, and Lauren Mosman to both the Fall& Winter/Spring classes for the Conservation Commission during the 2006—2007 Students on Commission year. • Move to: Appoint Nathan Wagner and Alexandra Shea to the Fall class;Kaitlin Robinson and Claire Lukens to the Winter/Spring class; and Lauren Bentz to both the Fall& Winter/Spring classes for the Heritage Preservation Commission during the 2006— 2007 Students on Commission year. • Move to: Appoint Grace Li to the Fall class; Thea Terp to the Winter/Spring class; and Sandra Moran and Steven Shonts to both the Fall &Winter/Spring classes for the Human Rights and Diversity Commission during the 2006—2007 Students on Commission year. • Move to: Appoint William Wahlers,Jennifer Dworak, and Elise Garton to the Fall class; and Kristine Pederson,Alexa Redfield, and Stephen Carew to the Winter/Spring class for the Parks,Recreation,and Natural Resources Commission during the 2006—2007 Students on Commission year. Synopsis: The Students on Commission program has been modified this year in order to provide more opportunities for students to participate. The program was changed from(1) eight-month term to (2) four-month terms in order to provide more students with the opportunity to participate in the program. Over the past three years combined,we have had 73 total applicants(24 in 2003- 04, 33 in 2004-05, and 16 in 2005-06), with the ability to appoint just 12 each year. That meant only 49%(36 of 73) of all potential candidates were being appointed during the last three years. This ear, 30 students applied, and 24 will be appointed, a placement rate of 80%. Y � pP � PP Other minor changes to the program: ■ Moving the start month for the program from October to September, and the end month from May to April, avoiding the very busy month of May for high school students. ■ Trying to appoint more Senior's to the Fall class versus the Winter/Spring class. ■ Adding the Conservation Commission to the list of Commissions that will accept Students on Commission members. ■ Allowing students to apply for either the Fall class(4-months),the Winter/Spring class (4 months), or both classes(8 months). The recruitment period for the 2006—2007 Students on Commission program began on May 9 and ended on June 2,marketed to all high schools, public and private,that serve Eden Prairie. 30 applications were received by the deadline. The Assistant to the City Manager held a meeting with the staff liaisons to City Commissions to review and discuss the applications on June 7. Recommendations were then made based on the students' stated preferences and the quality of their application. 24 students are being recommended for appointment. An orientation session will be held for student representatives in early September, and the orientation will include general information on City government, the City Council, as well as Commission structure and function. Background Information: In 1992,the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City's Commissions,the addition of Commissions eligible for student appointments, and the desire to include more students able to participate in the program overall. CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager June 20,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.I Scott Neal, City Manager Meeting Minutes Standards Requested Action Move to approve the new meeting minutes standards and to direct staff to implement the new standards for the City Council and for all city boards and commissions. Synopsis The City Council previously directed me to examine the standards used by the City to record minutes at formal and informal meetings of the City Council. I have examined the Council's past practices for meeting minutes. I have also directed two of our primary minute recorders to attend a training session on the subject. I have conferred with them and with City Clerk Kathleen Porta to develop a new meeting minute recording standard. The standard I recommend is as follows: Council, Board and Commission meeting minutes will retain the established format, with adjustment made to provide concise background information on the agenda items and summary lists to capture the breadth of discussion arising from these issues. Minutes will focus on the collective decisions and less on the attribution of quotes to specific speakers. It is my recommendation that the Council adopt this standard for not only itself, but also for all City boards and commissions. If the Council approves this standard, staff will begin the process of introducing it to boards and commission this summer with a full launch of the new standard scheduled for September 2006. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director June 20, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Robert A. Lambert, Director Parks and Recreation Community Center Schematic Comparisons Requested Action Move to: Approve Schematic Plan E as per the recommendation of the Parks,Recreation and Natural Resources Commission with a cost estimate without alternates of$8,060,500; and a net cost estimate with alternates of$7,595,500. Synopsis At their June 5, 2006 meeting,the Parks, Recreation and Natural Resources Commission recommended the City Council plan for a transfer of approximately$2 million from the park fund to accommodate projected increases in this budget caused by recommended changes to the program since the referendum and to accommodate increased material costs above previous estimates. At the June 6, 2006 meeting,the City Council requested staff to provide schematic plans depicting the changes to the configuration of the facility and the cost estimates from the referendum concept to the proposal recommended by the Parks,Recreation and Natural Resources Commission. Attached to this memorandum are five schematic comparisons that depict how the program and the layout has evolved since the referendum. Background Schematic plan A depicts the original configuration, depicting the amount of square footage of the various components being recommended at that time. The major concerns were to add a gymnasium, a greatly expanded fitness area, at least tripling the size of the locker rooms, and providing a large multi-purpose room that could accommodate recreation programs and private rentals. Schematic plan B indicates a similar program with a different configuration.As the staff began to discuss operation control issues leading to relatively unencumbered access to the skating rink portion of the building, compared to a very controlled access to the portions of the building that will require daily use fees or membership. Schematic plan C shows the expanded square footage when City staff recommended including a childcare area and accommodating office space for Community Center Manager and the recreation staff that would be programming the building at that facility. Subsequent to the referendum, City staff and the architect visited several municipal community centers and private health clubs to Community Center Schematic Comparisons June 20, 2006 Page 2 determine what each of those operations believed what were critical components to the success of the community center or a private health club. In every case,they indicated that it was critical to provide childcare for younger children to encourage family membership for those families that had young children. This is different from the child play area that was originally evaluated as a possible revenue bond project. The child play area was a large two-story play area that is provided by many community centers and health clubs as an additional attraction to the facility, in addition to childcare areas.Although these facilities do generate revenue and provide an additional attraction for members, it could not be justified as a revenue bond project.The childcare area is a place where people can drop off young children while they and/or their older children are using other parts of the building. This area will generate sufficient revenue to pay its operating costs, but will not generate sufficient revenue to cover operation and construction costs. The community centers that City staff visited had office space to accommodate not only the administrative and maintenance staff of the community center, but also the recreation staff that were responsible for programming the building. Staff believe it is critical to have these staff in the building, supporting the administrative staff and each other. The major decision throughout the design review process was the problem the existing racquetball courts posed to the most efficient use of the interior space.The racquetball courts are noisy and disruptive to any other uses around them;therefore,the location in the center of the building causes design problems for their uses, such as meeting rooms, office space, etc.The location in the center part of the building also would require users of the racquetball courts to leave the `controlled access' portion of the building to utilize those courts;therefore, staff recommended relocating the courts adjacent to the gym. Schematic plan D reflects changes in alternates recommended by the Parks and Recreation staff in an effort to get as close to the original budget as possible without removing what staff felt were the highest priority new components. Schematic plan E reflects the recommendations of the Parks,Recreation and Natural Resources Commission after three hours of deliberation and discussion of the recommendations of the Parks and Recreation staff. The Commission believed that the staff was recommending too many cuts of critical components and that ultimately residents would be paying$7 million for a facility they would be unhappy with, rather than$8 million for a facility they would all be proud of for many years to come. Attachments June 8, 2006 letter from Del Erickson Schematic Plans A—lower&upper levels Schematic Plans B—lower&upper levels Schematic Plans C—lower&upper levels Schematic Plans D—lower&upper levels Schematic Plans E—lower&upper levels DELANO ERICKSON ARCHITECTS 10700 HIGHWAY 55,SUITE 308 PLYMOUTH,MN 55441 (763)544-8370 MEMORANDUM DATE: June 8,2006 TO: Bob Lambert FROM: Del Erickson RE: EPCC Referendum and Schematic Comparisons Commission No.0601 A. Referendum plan: This plan is identical to the published plans for the referendum and contains the following areas. New construction area 37,763 S.F. Remodeled area 28,098 S.F. Total program area 65,861 S.F. 2004 Estimated Cost$6,650,000 B. Referendum program revised plan: This plan reflects the referendum program in a configuration similar to current schematic. New construction area 36,152 S.F. Remodeled area 27,241 S.F. Total revised area 63,393 S.F. C. Current approved program plan: This plan reflects the approved program and configuration New construction area 42,570 S.F. Remodeled area 30,090 S.F. Total program area 72,660 S.F. 2006 Estimated Cost$8,760,000 D. Reduced plan per parks staff: This plan reflects changes and alternates as a$1,575,000 reduction to budget recommended to Parks Commission. New construction area 31,145 S.F. Remodeled area 25,340 S.F. Alternates($834,000) 9,750 S.F. Total area 66,235 S.F. Net cost estimate with alternates(56,485 S.F.)$7,185,000 E. Reduced plan approved per Parks Commission: This plan reflects approved changes and alternates as a$699,500 reduction to budget recommended to council. New construction 35,256 S.F. Remodeled area 25,340 S.F. Alternates($465,000) 6,216 S.F. Total area 66,812 S.F. Recommended cost estimate without alternates(66,812 S.F.)$8,060,500 Net cost estimate with alternates(60,596 S.F.)$7,595,500 IEDIE14 PIE U � fl cdENTE ^ n , i LOBBY I LOUNGES I TION f 1� ADMINISTRATION �`��... .. � ` ,..� - =QYM e ROOMS/CONCESSIONS ROOMS/BATHROOMS/J Ofi E I SEAT�N4/TEAM ROOMS E F*K ALTERNATE 3 3 WApA�iCi POOL ALTERNATE ii l 1 CENTER ALTERNATE CT" TY •. III tan �'r ]R7i Y t riY/ � <jqt ' IIUIFift 11G®t 11,'01 - I�'�� ♦ :� { k r3 t ... ....,......__........,. _......... - till " � t� ,. i s♦aw � !Ef1 k t .oaeoarsr.ue. Dy �., T1 s J {` ' TOTAL NEW AtEA-37.7DD OF V� 7O7AL.PE10DH.Eb AA£A-?JI,QpD OF, VJ T07h1 CON6tPMfCWN AAE'A-A6.D6!OF g woe laua REFERENDUM PLAN LOWER LEVEL PLAN 'A f LOUNGES/CIRCULAnON Rm FTTNEss /AEROBIC/ FREE Ichi t s «_= WALKNO TRACK ... .> BA OM3OR RN I TING 1 i vrXe iitrw. l vgiw w.wa wq�ii � Q F i 6 r _. %e77 Low REFERENDUM PLAN -- UPPER LEVEL PLAN EDEN :NksAJ4 r � �v�� LOBBY !LOE /CION = ADMINISTRATION MULTIUSE GYM i, _.__._ �, lei ,, ; r. _,a mm MEETIN4 ROO CESSIONS :»�"`•"' ,�S I:1'f"• _._....._ LOCKER ROOMS/BATHROOMS/JAWOR R RINK I SEATING/TEAM ROOMS RINK IM ALTERNATE _ ...._. -. ......� WADING POOL ALTERNAW h1 COIo 4mm CENTER ALTERNATE T+TT R . •p ,..� — r u r � TOTAL rtw AW-A-36152 8F. TOTAL WMODRFD AFFA-77,M SF, p•' a {-- ar: aw+. ;- TOTAL C'ONSTR)CM AIEA-$3,303 8T. PROGRAM PLAN R -E— WE � 1 ,n e— x> a«3 •��{�Jp�J� \ q''�f' j\f\may, \\�a4'{{}}�"' .gam\[jy(jI C��{T.ry�•- P LOUNGES! CIRCULATION �s FITNESS/AEROBIC / FEE WEIGHTS WALKINQ TRACK _ MEE71NG ROOMS/CONCESS'ICN S � � �• BATHROOMS / JANITOR m •" , RINK I SEATING COMMUNfTY CENTER ALTERNATE ( E aPJ±s t ��•}�Y : r V aNC I r<v• ILt W 1 � 1 ,. apna�ar t:T! xE "S a r!.at �'a a:,:-may •,�-Fei MtlRA�l4aq�{"'C a �� .cwuvwry .� I WN1 MLtl► LO ro 3 qpp REFERENDUM PROGRAM REVISED PLAN � UPPER LEVEL PLAN i SCM.E:Wr-1,1v IRIDEN LOBBY/LOUNGES/CIRCUIIATION, ®t ADMHSTRATION VA MULTVSE GYM RACOUETHALL MEETING ROOMS/CONCE MUSLOC PAW�ATINOROO� JANITOR tx HW 11 ALTERNATE -. uw� WADING POOL ALTERFff z r . vv- Ftm h, t r tp I� '`.. iX irV k .b,.r.,v. � _ � ,.�.,;.,..,....Qw� • -, � y� - (^ fit q.. ............. ron.....wr I � < ) c s To7AL fEw AFEA 42.M V. I i ..s o.�. G TOT AREA-3_0OW SF. APPROVED PLAN u� ER � * -716161 r_ LOUNGES/ CRCULATION FITNESS I AEROBIC /ME 11�G1 TTS a WALKING TRACK"= _ W. Wit.._ l " MEETINGS ROOMS/CONCEOSK BATHROOMS /JANITOR ^ ,•u.' I" RhIK 1 SEATiNC3 RINK If 11111 ADMINISTRATION � f £ ♦ $jj s [( IS S . Y ;.:. � trr�+wc• �Q FF ♦ t YKMR 7a2 S� .. KIs.C.. 'A,. ( ♦ t 12 t � EE V •}9 .. p,Mv" tt4fiWY M.'Af' •• '+` •_ I + r wry.«.,ar. •i .t`�._....... 1 �, `e+w"' I Z� y v . coil NYC. rwm gum" CURRENT APPROVED PROGRAM PLAN UPPER LEVEL PLAN SCALE's1 =-r-o^ c r t ILL[ EN P � � I VIP LOBBY l LOLNGES/CIRCULATION �1 ADWNISTRATION MULTIUSE GYM r,r, MEETING ROOMS/CONCES510NSis LOCKER ROOMS I BATHROOMS JANITORFM ° „• nr r } RINK I SEATING/TEAM ROOMS RINK 11 ALTERNATE WArmr POOL ALTERNATE ALTERNATES _W ......._ _........_.._._,,.... R Q . 3}t+f Si gun i w�u+a � F r '• '< �tp a b ys n rtt•rm � '- 2.. ��: (j� tt wr 1 1 •. � � Ei�: - swrtw ss 1 _ 1 °^ i � tirrr»z _ v -_� z e Fcw w:� c �' , arrn n•. y � t knxlR varun an• �aF•ew"� g� � u>x[r '+ x°Y o-xr #� L TI « m7 �r _�.. ___.,. ,_._.. _,� �,� art« R`..`' ` ', r��n•xr , t"� t, +ud ' - � r cau war a yra v� aro v we s� TOTAL P &f. •, a o� 'S a<�,�"� t & STAFF TOTAL CCM6TIMICION AFEA-6Q375 3F. TOTAL ALTEMATE AREA-0,760 SF. a1r _ a D PER PARKS STAFF �rD D SC° gg * 4 •N � y � ,�_ S S i � �i r� �i LOUNGES 1 CIRCULATION � "" FffWSS /AEROBIC /FREE WEIGHTS_ _ WALKING TRACK ALTERNATE MEETING ROOM ICONCE K , �BATHROOMJIS 1 JANITOR w sr. wr.rwa copm a.v RINK 1 SEATING RIW W AL.TET'OAATE ..`. ALTERNATE E ' lip- MMM�7Q. YMM MY 1 E e �1 I° E REDUCED PLAN PER PARKS STAFF REDUCED SCHEME SIPPER LEVEL PLAN SCALE 1,W«VAT 1 ( .1 LOBBY LOUN[ S/CIACUttATION ADMNISTRATION N,mm r. T1USE GYM Fm MEETINO ROOMS/CONCESSIONS IT— LOCKER ROOMS BATHROOMS 7 AWOfl •. « 1 _ EN R)W I SEATM/TEAM ROOMS I I z �'< � F RIW IN ALTERNATE fz:::. . I WADINQ POOL ALTERNATE ' COMMUNITY CENTER ALTERNATE +� {{ �5 HO f, � a Dt. r tP; M� M1 MCY v N Ru +v b 5 X i" pr MN . _ tue`f e• ae}Ytt __ F {n r ,._. ..........r. tom+ ......:... .. .L � -'.'— ,_ .IX�SY!JVeI�UpY Y 4b1 RY , «ti a� Asa rw. � iv.. - .,. ' >1 _ • { .art tr _'k � I� � ( ra 9'x k a • • � � uo aP.� 5�M 4i. :M 53.Y �Re� R TOTAL WW dPEA-36,256$F TOTAL P93"E'LE'D AREA-25,340 aF. `✓ i TOTAL ALTtMAM A/VA-G"S.F. TOTAL CONSMUON AREA-58,M SF. D_SC AP 9OVED PER PARKS COWASION v e ""_--� Q LOUNGES/CIRCULATION k �M«� FITNESS /AEROBIC / SEE WEIr#{TS �. � WALKING TRACK ALTERNATE ow MEETING ROOMS/CONCESSIONS BATHROOMS/J� RINK 1 SEATTI4 RAC NI ALTERNATE caro(++ 1b0 ar. � • � �� auau COMMUNITY CENTER ALTERNATE tlr14'POR {'�♦IM{M[1 t P 63 f iRR rNl■ ti �[j S :i TT ;Mat La. ! a s i-rCWaq € � E 4 a _ t a r I1�Nwc uccoyn r w:o ii�t�E�1yy[ 4 _'F7{ � 4�`- aJfli 1 � 'A.af�6 QR�trC rEIL+IY Sp .f amatu : menr- ) �tF L '- ,� �o �r e -Y n;at. - ■ � Ore rm xt. inwr Saar �pZ{j E s�51 Uwaa 4+Y Mtt4v@ rttal. �rra 11_ rw MUNK REDUCED PLAN APPROVED PER PARKS COMMISSION #g HCOUCED.8 HEIVIE PP R L PLAN 3 fcyy