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HomeMy WebLinkAboutCity Council - 03/06/2007AGENDA JOINT CITY COUNCIL / PLANNING COMMISSION WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, MARCH 6, 2007 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOM II 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson PLANNING COMMISSION: Chair Ray Stoelting; Vice Chair Fred Seymour; Commissioners John Kirk, Vicki Koenig, Jerry Pitzrick, Peter Rocheford, Jon Stoltz, and Frank Powell CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Joyce Lorenz, Senior Planner Scott Kipp, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. GUIDE PLAN UPDATE Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 6, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson 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 Jan Curielli I. ROLL CALL / CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. COMMUNITY SURVEY RESULTS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD ON TUESDAY, FEBRUARY 20, 2007 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 20, 2007 VII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. WHISPERING RIDGE . Request for: 2nd Reading of the Ordinance for Zoning District Change from R1-22 to R1-13.5 on 3.78 acres. Location: 16440, 16480, 16500 Hilltop Road (Ordinance for Zoning District Change) C. AWARD BID FOR RECONSTRUCTION OF TENNIS AND BASKETBALL COURT AT EDEN VALLEY PARK TO NORTHWEST ASPHALT CORP. D. AWARD BID FOR RECONSTRUCTION OF THE TENNIS AND BASKETBALL COURT AT RUSTIC HILLS PARK TO NORTHWEST ASPHALT CORPORATION E. AUTHORIZE AN AGREEMENT WITH HENNEPIN COUNTY FOR EDEN PRAIRIE TO CONTINUE PARTICIPATION IN THE WETLAND HEALTH EVALUATION PROJECT, I.C. 03-5602 CITY COUNCIL AGENDA March 6, 2007 Page 2 F. APPROVE PROPOSAL FROM MINNESOTA NATIVE LANDSCAPING FOR VEGETATION MANAGEMENT FOR WETLAND MITIGATION SITES AT THE GLENSHIRE OUTLOT AND WATER TREATMENT PLANT FOR 2007 AND 2008, I.C. 98-5467 G. AWARD CONTRACT FOR 2007 STREET SWEEPING TO RELIAKOR SERVICES INC., I.C. 07-5692 H. APPROVE PROFESSIONAL SERVICES AMENDMENT WITH SEH INC. FOR INFLOW/INFILTRATION STUDY I. RECEIVE 2006 ANNUAL REPORT AND APPROVE 2007 WORK PLAN FOR THE CONSERVATION COMMISSION J. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR RECONSTRUCTION OF VALLEY VIEW ROAD (FROM FLYING CLOUD DR. TO GOLDEN TRIANGLE DR.) I.C. 02-5586 K. RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (TIF) HOUSING DISTRICT FOR PRESBYTERIAN HOMES REDEVELOPMENT PROJECT VIII. PUBLIC HEARINGS / MEETINGS A. ASSOCIATED BANK Request for: Zoning District Change from Rural to Commercial Regional Service on 1.25 acres and Site Plan Review on 1.25 acres. Location: SE corner of Valley View Road and Prairie Center Drive. (Ordinance for Zoning District Change) B. STARING LAKE BUSINESS CENTER Request for: Planned Unit Development Concept Review on 19.3 acres, Planned Unit District Review with waivers on 19.3 acres, Zoning District Amendment in the I-2 Zoning District on 19.3 acres, Site Plan Review on 19.3 acres and Preliminary Plat of 19.3 acres into two lots. Location: US Highway 212 & County Highway 1. (Ordinance for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Preliminary Plat) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. 2007 CITY COMMISSION APPOINTMENTS CITY COUNCIL AGENDA March 6, 2007 Page 3 B. 2007 APPOINTMENTS OF CHAIRS AND VICE CHAIRS TO CITY COMMISSIONS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Citizen Advisory Commissions C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 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 UNAPPROVED MINUTES JOINT CITY COUNCIL / FLYING CLOUD AIRPORT ADVISORY COMMISSION WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, FEBRUARY 20, 2007 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOM II 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson FLYING CLOUD AIRPORT ADVISORY COMMISSION: Chair Richard King; Vice Chair Jeffrey Larsen; Commissioners Greg McKewen, Mark Michelson, Kurt Schendel, Bradley Stratton, and Joe Harris CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Police Chief Rob Reynolds, Community Development Director Janet Jeremiah, Senior Planner Scott Kipp, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. PRESENTATION BY FLYING CLOUD AIRPORT ADVISORY COMMISSION Commission Chair Richard King began the PowerPoint presentation to Council with a recap of the commission’s 2006 activities. Since 2006 was the commission’s first year in existence much of the focus was on education on airport operations, the City’s final agreement with MAC, and businesses at the airport. The commission also instituted an “Operator of the Year Award,” which went to ASI. At each meeting, the Commission also reviewed noise complaints. Commission members also attended MAC meetings, and toured both Flying Cloud Airport and NWA’s operation center at MSP. King also outlined the commission’s goals for 2007: • Educating and informing • Developing key relationships • Monitoring the final agreement • Encouraging business development • Encouraging improvements at the airport, including improving existing hangar stock • Monitoring noise data and expansion plans ITEM NO.: IV.A. City Council Workshop Minutes Page 2 Commission member Mark Michelson provided an overview of airfield information, including traffic counts and noise complaints. Mayor Young said it appears the commission is fulfilling the mission set forth by the Council. He would like to see the positive aspects of the airport communicated more. He is also in favor of extension of water and sewer to the airport with MAC participation. Councilmember Aho said he also sees the airport as an amenity, particularly to the business community. He would also like to see the hangar stock at the airport improved. Councilmember Butcher said the airport is here to stay, so the City should find ways to help make it the best it can be. Councilmember Nelson said she has mixed feelings about the concept of “marketing” the airport, and that work on noise issues should continue. Councilmember Duckstad said he also is in favor of extending water and sewer to the airport and seeing businesses improve their hangars. Mayor Young suggested adding the Chamber of Commerce to the commission’s list for developing positive relationships. Council Chamber II. OPEN FORUM Wade Wacholz – Mr. Wacholz thanked Council for their work on the rezoning of Bent Creek Golf Course. John Mallo – Mr. Mallo suggested that the City consider sending public hearing notices that involve parks located at schools to families with children attending the school. III. OPEN PODIUM No one requested to speak at Open Podium. IV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 20, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson 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 Jan Nelson Curielli I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 p.m. Parks & Recreation Director Bob Lambert was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PROCLAMATION CELEBRATING CHINESE NEW YEAR Mayor Young read a proclamation extending best wishes for a happy and prosperous New Year to the government officials and people of Loudi, China. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Neal noted there was additional information passed out regarding Items X.B.-X.E. He added Item X.K., a Resolution authorizing a study of signs displaying animation or electronically changing images or messages; Item X.L. and X.M., First & Second Reading of an Interim Ordinance temporarily prohibiting any sign displaying animation or electronically changing images or messages; and a Resolution approving the Summary Ordinance. MOTION: Aho moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD ON TUESDAY, FEBRUARY 6, 2007 MOTION: Butcher moved, seconded by Aho, to approve the minutes of the City Council Workshop held Tuesday, February 6, 2007, as published. Motion carried 5-0. CITY COUNCIL MINUTES February 20, 2007 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 6, 2007 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, February 6, 2007, as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. STARING PRESERVE by Aileron Development. Approval of the Development Agreement. Location: 9181 Staring Lane East C. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT FOR 2007 D. APPROVE REQUEST BY BRYANT LAKE SKI TEAM FOR SUBMERSIBLE SLALOM SKI COURSE FOR A YEAR-TO-YEAR PERMIT E. APPROVE CORRECTED ELIZABETH FRIES ELLET INTERPRETIVE TRAIL SIGNAGE PROGRAM F. APPROVE USE OF UP TO $75,000 IN CDBG FUNDS TO REHABILITATE THE EDENDALE RESIDENCE MOTION: Butcher moved, seconded by Aho, to approve Items A-F of the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS / MEETINGS A. 2007 CDBG FUNDING RECOMMENDATIONS (RESOLUTION 2007-34) Neal said the official notice of this public hearing was published in the February 8, 2007, Eden Prairie Sun Current. He said for 2007 CDBG Funding remained at $267,766.00, which is the 2006 amount. The amount of money available for distribution to human services providers under the 15% guideline is $40,165.00. He reviewed the specific recommendations of the Human Services Review Committee regarding 2007 funding for Human Services and Housing activities. He noted the discussion of how to distribute the 2007 CDBG funds through the Human Services Review Committee included a complete review of all “Request for Funding” applications and the distribution percentage of funds in 2006. The Committee’s goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. Neal said for over a decade, the Eden Prairie City Council has approved the allocation of CDBG funds to the Greater Minneapolis Day Care Association (GMDCA) to provide child care subsidy for low income Eden Prairie residents who meet certain criteria. In October, 2006, GMDCA ceased operation and are no longer administering the CDBG funds for the subsidy program. A total of CITY COUNCIL MINUTES February 20, 2007 Page 3 $24,462.78 in CDBG funds from previous years’ allocations remains allocated for this program. Hennepin County has selected a new agency, Jewish Vocational Services (JVS) to take over administration of the child care subsidy program. Staff requests Council approval for the reallocation of the remaining funds from GMDCA, to JVS. Young then asked for any comments from the audience. Kathy Engel, representing the HOME program, thanked the Council for their support of the HOME program for senior citizens. MOTION: Butcher moved, seconded by Duckstad, to close the Public Hearing and to adopt Resolution 2007-34 approving use of funds for 2007 Community Development Block Grant Funds and Reallocation of Specific 2005/2006 Community Development Block Grant Funds. Motion carried 5-0. B. BLUFF COUNTRY VILLAGE Request for: Planned Unit Development Concept Review on 5.8 acres, Planned Unit Development District Review on 5.8 acres, Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.7 acres, Site Plan Review on 2.7 acres and Preliminary Plat of 5.8 acres into two lots and one outlot. Location: Hennepin Town Road & Pioneer Trail. (Resolution 2007-35 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment; Resolution 2007-36 for Preliminary Plat) Neal said official notice of this public hearing was published in the February 8, 2007, Eden Prairie Sun Current and sent to 281 property owners. He said the proposed plan includes a 2,300 square-foot coffee shop, a 12,000 square- foot retail building, and 3.1 acre lot for future development that shows 16,262 square feet of building. The plan conforms to the requirements of the neighborhood commercial zoning district. This project amends an approved plan for a 3,200 square-foot restaurant and a building with 28,041 square feet of retail on the first floor with 94 apartment units on 3 additional floors. The 120-Day Review Period expires on March 10, 2007. The Planning Commission first reviewed this project at the December 8, 2006 meeting and recommended a continuance with direction to the developer to revise the architecture, grading, and tree preservation plans. At the January 22, 2007 meeting the Planning Commission voted 6-0 to recommend approval of the project to the City Council. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing, to adopt Resolution 2007-35 for Planned Unit Development Concept Review on 5.8 acres; to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Neighborhood Commercial District on 5.8 acres; to adopt Resolution 2007-36 for Preliminary Plat on 5.8 acres into 2 lots; and to direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. CITY COUNCIL MINUTES February 20, 2007 Page 4 IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Duckstad, to approve the Payment of Claims. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad, Nelson and Young voting “aye.” X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.23 BY ESTABLISHING A BUDGET ADVISORY COMMISSION Neal noted this is a continued item from the Council’s January 16 meeting, when Mayor Young proposed the establishment of a new citizen advisory commission to assist the city with the management of the City’s annual budget. At that meeting Mayor Young asked for Councilmembers to review a draft charter statement for the proposed commission and to report any questions, concerns or ideas to the City Council at the Council’s February 6 meeting. At the February 6 meeting, Councilmember Duckstad shared a suggested mission statement for the commission. There was a consensus of support for the proposal put forward by Councilmember Duckstad. Neal said he reformatted Councilmember Duckstad’s proposal to more closely align with the structure that is used to describe the City’s advisory commissions in chapter 2.23 of the City Code. The reformatted version of Councilmember Duckstad’s proposal was included in the Council packets. Nelson said she would like to change the proposed Subd.1.F.1. to “Learn about the overall policy direction for the budget as communicated by the City Council to the City Manager.” The consensus was to accept Councilmember Nelson’s proposed change. MOTION: Duckstad moved, seconded by Aho, to approve as amended first reading of an Ordinance amending City Code sections 2.23 by establishing a Budget Advisory Commission; and adopting by reference city code chapter 1 and section 2.99, which among other things, contain penalty provisions. Motion carried 4-1, with Nelson opposed. B. BENT CREEK GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance for Zoning District Change) Neal said this is a continued item from the February 6, 2007, meeting. The public hearing was closed, discussion was tabled on the 1st and 2nd reading of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. He said the findings and conclusions were given to Councilmembers in advance of the meeting along with additional conclusions prepared by Councilmember Duckstad for this meeting. CITY COUNCIL MINUTES February 20, 2007 Page 5 Young noted this item is not open to public comment. Duckstad directed a series of questions to City Planner Franzen. He noted there were frequent references at previous hearings to the Eden Prairie Comprehensive Guide Plan as it pertained to this particular ordinance for Bent Creek Golf Course, and he asked when the Guide Plan was first initiated by the City of Eden Prairie. Franzen replied the City Council adopted a Comprehensive Plan in 1968 and within that guide plan there is a designation called quasi-public and the quasi-public designation matched the location of the golf course at that time. Duckstad asked if the Guide Plan as created in 1968 did include the now-existing Bent Creek Golf Course such that it referred to it as public/quasi-public in total or in part. Fransen said in 1970 when the City Council reviewed a Planned Unit Development (PUD) referred to as Edenvale, the location of the golf course changed. It was a 27-hole golf course during the 1960’s, but it was converted to an 18-hole course in the Edenvale project. Consequently the area of quasi-public was readjusted to match the boundaries of the golf course as presented by Edenvale in 1970. Duckstad asked if the Guide Plan was updated in 1976 or thereabouts. Fransen said it was updated in 1979. Duckstad asked if in the 1979 revision the area that is now Bent Creek Golf Course continued to be classified as public/quasi-public. Fransen said that was correct. Duckstad asked if in 1984 the current owner purchased the Bent Creek Golf Course. Franzen said that was correct. Duckstad said that means at the time the golf course was purchased by the present owner, it was also classified as public/quasi- public. Franzen said that was true. Duckstad asked if is true then that Bent Creek Golf Course has been continually classified as public/quasi-public since 1970. Franzen said that was correct. Duckstad then read the definitions of public and quasi-public designations in the current Guide Plan and asked Franzen if those were correct. Franzen said that was the definition in the Comprehensive Guide Plan dated March 19, 2002; however, the Council subsequently voted to amend the definition of quasi-public to exclude private golf courses and country clubs. Fransen asked City Attorney Rosow if that was correct. Rosow said that was correct. Duckstad then asked if, from 1970 to 2002, the Bent Creek Golf Course was designated public/quasi-public. Franzen said it was. Duckstad asked if it was also true that the definition of public/quasi-public classification was similar in 1968 when the original Guide Plan was created by the City. Franzen replied the 1968 Guide Plan does not contain a definition of quasi- public. Duckstad asked if it just makes a reference to public/quasi-public. Franzen said that was true. Duckstad asked Franzen to interpret as the City Planner what would be the intention of a classification that would have existed back when the Guide Plan was created; that is, what uses would be permitted then that would be any different from the current definition. Franzen said there were three areas CITY COUNCIL MINUTES February 20, 2007 Page 6 designated public/quasi-public: the golf course, one in the general area of Flying Cloud Airport, and an area generally below Hwy 212 along the Minnesota River. Duckstad asked Franzen if, when you have a Guide Plan that has a history with that classification, he as a City Planner recognized that such a classification would not allow the typical type of residential, commercial and industrial development. Franzen said that was true. Duckstad asked if the Guide Plan designation initially put on the property that is now Bent Creek Golf Course always prohibited development of any residential, commercial or industrial use. Franzen replied that was true because the 1968 Guide Plan also depicted areas for commercial, office, industrial and residential development. Duckstad asked if the Guide Plan has a section that addresses zoning and its relationship to the Guide Plan itself. Franzen said it does. Duckstad understood that the Guide Plan indicates in part that the zoning designated on a piece of property can change, but if the Guide Plan called for public/quasi-public and the zoning called for rural, then the Guide Plan indicates the zoning should be made to conform to the Guide Plan classification. Franzen agreed. Duckstad asked if that was also true for present law for the State of Minnesota. Franzen said that was true. Duckstad said in the earlier hearings there was reference to Planned Unit Developments (PUD’s), and the property known as Bent Creek was included as part of a larger 1000-acre tract known as Edenvale development in 1970. He asked Franzen to describe what a definition of PUD means for a tract of land. Franzen said it is an overlay to a zoning district. A PUD for a City examines on a very large scale the relationship between the different land uses proposed for the PUD and the plan for the orderly development of sewer, water, roads, parks and open spaces. The 1970 Edenvale PUD master plan had about 4200 residential units comprising about 420 acres including open spaces, for a total density of about 10 units per acre. The balance of the 1000 acres was set aside for commercial and industrial development. Duckstad asked, when a PUD is created and all the land within it is considered as one unit, does that mean the Bent Creek Golf Course would be an integral part of the larger unit. Franzen said that was correct because the golf course was part of the open space that represented about 25% of the land use component in the Edenvale PUD as proposed in 1970. Duckstad asked if the records here at City Hall indicate that the developer agreed to keep it as a golf course, recreation area or open space. Franzen said the official records indicate that. Duckstad then asked if the records have been available at City Hall for anyone to see. Franzen said they are. Duckstad then said that would mean the present owner, Mr. Hertogs, when he purchased the property in 1984, would have had an opportunity to come to City Hall and ask to review the records that would show the golf course was part of the PUD and there was an express written commitment that the golf course would remain indefinitely. CITY COUNCIL MINUTES February 20, 2007 Page 7 Aho said he thought Councilmember Duckstad’s careful review gives an indication of the thorough review the City Council has undergone regarding this item. He said he did not want to get into litigation of any kind, but the Council feels strongly we must act with due diligence on any item before the Council and also must act according to law and past history. Young said it was his intention to approve the first reading of the ordinance and to support the adoption of the findings and conclusions including the additional conclusions submitted by Councilmember Duckstad. He said the most critical component involved in Bent Creek has always been the PUD. Young read Items G and L from the Conclusions regarding the Findings of Fact and Conclusions on the Bent Creek Golf Course Rezoning, noting he thought those two items were particularly relevant. He also believed Conclusion T was especially important in that it spoke to what we are doing and not doing tonight in its declaration that the City is not engaging in a governmental enterprise through re- guiding and rezoning the golf course property, nor is the City re-guiding or rezoning the property in an attempt to acquire open space. He said Conclusion T further states that the change in the Guide Plan designation and the rezoning of the Property recognizes and is consistent with the Property’s long term historical use as a golf course. MOTION: Butcher moved, seconded by Nelson, to adopt the Findings and Conclusions including the nine conclusions in Councilmember Duckstad’s Additional Conclusions, and to approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC- Golf Course 105.8 acres. Motion carried 5-0. C. OLYMPIC HILLS GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Ordinance for Zoning District Change) Neal said this is a continued item from the February 6, 2007 meeting. The public hearing was closed, discussion was tabled on the 1st and 2nd readings of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. MOTION: Duckstad moved, seconded by Aho, to adopt the Findings and Conclusions, and to approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 169. 1 acres , from RM-6.5 to GC-Golf Course on 1.6 acres, and from R1-13.5 to GC-Golf Course on .52 acres. Motion carried 5-0. D. BEARPATH GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance for Zoning District Change) CITY COUNCIL MINUTES February 20, 2007 Page 8 Neal said this is a continued item from the February 6, 2007, meeting. The public hearing was closed, discussion was tabled on the 1st and 2nd reading of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. MOTION: Aho moved, seconded by Nelson to adopt the Findings and Conclusions, and to approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 198.04 acres. Motion carried 5-0. E. GLEN LAKE GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance for Zoning District Change) Neal said this is a continued item from the February 6, 2007 meeting. The public hearing was closed, discussion was tabled on the 1st and 2nd reading of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. MOTION: Butcher moved, seconded by Aho, to adopt the Findings and Conclusions, and to approve 1st Reading of the Ordinance for Zoning District Change from Public to GC-Golf Course on 50.69 acres. Motion carried 5-0. F. SECOND READING OF ORDINANCE 4-2007 AMENDING CITY CODE SECTION 2.23 BY ESTABLISHING A BUDGET ADVISORY COMMISSION Neal said this is a second reading of an ordinance adopted and amended earlier this evening by the City Council amending City Code Section 2.23 by establishing a Budget Advisory Commission. He said because first and second reading are occurring at the same meeting, the second reading of the ordinance will require a unanimous vote for approval. Nelson said, although she has questions about the Budget Advisory Commission and believes fiduciary responsibility is that of the Council, she does intend to vote for second reading. Neal said if the ordinance passes we do have the Board and Commission interview process next week and he would encourage Councilmembers to recruit for the Budget Advisory Commission and have them apply by email so that members of the new commission can be appointed next week. Butcher asked if there is a way to review the commission to see if it is working the way we want it to work once we have approved it. Neal said it would be very much the same as the review earlier this evening of the Flying Cloud Airport Commission. We will have a joint meeting next year where the Budget Advisory Commission will be evaluated and a presentation made to the Council. CITY COUNCIL MINUTES February 20, 2007 Page 9 Butcher asked if we need a unanimous vote to amend the ordinance for this commission at a later date. Rosow said it would require only a majority vote to change the ordinance or the structure of the commission later, and we only need a unanimous vote tonight because first and second readings are occurring at the same meeting. Duckstad said he thought the mission statement specifically limited the commission members to one year. Neal said we structured this commission under the standard set of rules and procedures for commissions which allows the Council to set up to 3-year terms. That determination would occur when the Council establishes the Commission during the appointment process. Young said the meeting today with the Flying Cloud Airport Commission is one he hoped we can continue with all the other commissions. He expected that we would have a very close relationship with the Budget Advisory Commission so we would know if it was working as we anticipated. Duckstad said he understood the work to be done by the commission members would be advisory only as to goals, needs, resources and priorities and to that extent we would retain total control of the budget process. Young said he did not anticipate the Budget Advisory Commission would relieve the Council of any responsibility at all. MOTION: Aho moved, seconded by Duckstad, to approve second reading of Ordinance 4-2007 amending City Code sections 2.23 by establishing a Budget Advisory Commission; and adopting by reference city code chapter 1 and section 2.99, which among other things, contain penalty provisions. Motion carried 5-0. G. BENT CREEK GOLF COURSE REZONING SECOND READING Second Reading of Ordinance 5-2007 for Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance 5-2007 for Zoning District Change) Neal said this is second reading of the ordinance rezoning the Bent Creek Golf Course from Rural to GC-Golf Course. It does require a unanimous vote of the Council to be approved because first and second readings are occurring on the same evening. MOTION: Butcher moved, seconded by Duckstad, to approve 2nd Reading of Ordinance 5-2007 for rezoning from Rural to GC-Golf Course on 105.8 acres. Motion carried 5-0. H. OLYMPIC HILLS GOLF COURSE REZONING SECOND READING Second Reading of Ordinance 6-2007 for Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Ordinance 6-2007 for Zoning District Change) CITY COUNCIL MINUTES February 20, 2007 Page 10 Neal said this is second reading of the ordinance rezoning the Olympic Hills Golf Course from Rural, Rm-6.5 and R1-13.5 to GC-Golf Course. It does require a unanimous vote of the Council to be approved because first and second readings are occurring on the same evening. MOTION: Aho moved, seconded by Nelson, to approve 2nd Reading of Ordinance 6-2007 for Zoning District Change from Rural to GC-Golf Course on 169. 1 acres , from RM-6.5 to GC-Golf Course on 1.6 acres, and from R1-13.5 to GC-Golf Course on .52 acre. Motion carried 5-0. I. BEARPATH GOLF COURSE REZONING SECOND READING Second Reading of Ordinance 7-2007 for Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance 7-2007 for Zoning District Change) Neal said this is second reading of the ordinance rezoning the Bearpath Golf Course from Rural to GC-Golf Course. It does require a unanimous vote of the Council to be approved because first and second readings are occurring on the same evening. MOTION: Duckstad moved, seconded by Nelson, to approve 2nd Reading of Ordinance 7-2007 for rezoning from Rural to GC-Golf Course on 198.04 acres. Motion carried 5-0. J. GLEN LAKE GOLF COURSE REZONING SECOND READING Second Reading of Ordinance 8-2007 for Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance 8-2007 for Zoning District Change) Neal said this is second reading of the ordinance rezoning the Glen Lake Golf Course from Public to GC-Golf Course. It does require a unanimous vote of the Council to be approved because first and second readings are occurring on the same evening. MOTION: Aho moved, seconded by Butcher, to approve 2nd Reading of Ordinance 8-2007 for rezoning from Public to GC-Golf Course on 50.69 acres. Motion carried 5-0. K. AUTHORIZING A STUDY OF SIGNS DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES (RESOLUTION 2007-37) Neal said the City Attorney recommends that the City consider amending its code to account for new LED billboard technology. The resolution authorizes a study of potential amendments. Rosow said Items X.K., X.L., and X.M. are a series of actions to first authorize a study of signs displaying animation or electronically changing images or messages CITY COUNCIL MINUTES February 20, 2007 Page 11 and approve first and second readings of an interim ordinance declaring a moratorium on the installation of such signs. Rosow said we have received information on the new technology for LED billboards as large as paper billboards have been constructed in other cities. The signs are very bright and eye-catching, and there is a concern in the governmental community that they perhaps pose a hazard to driving. He reviewed the recent litigation the City of Minnetonka has been involved in regarding these LED signs. Rosow said we undertook an analysis of the ordinance over the last several years and we thought we were in a better position than Minnetonka with the language used; however, Eden Prairie’s ordinance was developed at a time when LED signs were not envisioned. He said we want to change the ordinance in order not to leave any doubt that those kinds of signs are regulated. He thought it was appropriate to present the opportunity for the Council to place a moratorium on this type of sign in order to allow staff time to review the ordinance with this specifically in mind and bring back proposed changes. He said there was an ordinance adopted by Bloomington regarding such signs included in the Council’s information packet. Rosow noted that Attorney John Baker was in the audience tonight. Attorney Baker represented Eden Prairie in our previous litigation regarding the sign ordinance and he also represented Minnetonka in their litigation. He was available to answer any specific questions about the current litigation. Neal noted Item X.K. is a resolution seeking the study, and Items X.L and X.M. are first and second readings of an interim ordinance prohibiting the construction of LED signs. The vote for the second reading of the interim ordinance would have to be unanimous because first and second readings are occurring on the same evening. MOTION: Butcher moved, seconded by Aho, to adopt Resolution 2007-37 authorizing a study to determine what amendments to the City Code are required to protect the public health, safety and welfare with respect to signs displaying animation or electronically changing images or messages. Motion carried 5-0. L. FIRST READING OF AN INTERIM ORDINANCE TEMPORARILY PROHIBITING INSTALLATION, CONSTRUCTION, RECONSTRUCTION, EXPANSION, ERECTION, PLACEMENT OR DISPLAY OF ANY SIGN DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES Rosow noted he would like to change Section 5 of the interim ordinance to read, “…, for a period not to exceed one year as set forth in Minn. Stat….” MOTION: Duckstad moved, seconded by Butcher, to approve the First Reading of an Interim Ordinance temporarily prohibiting installation, construction, reconstruction, expansion, erection, placement or display of any sign displaying animation or electronically changing images or messages, including the change in wording to Section 5 recommended by City Attorney Rosow. Motion carried 5-0. CITY COUNCIL MINUTES February 20, 2007 Page 12 M. SECOND READING OF INTERIM ORDINANCE 9-2007 TEMPORARILY PROHIBITING INSTALLATION, CONSTRUCTION, RECONSTRUCTION, EXPANSION, ERECTION, PLACEMENT OR DISPLAY OF ANY SIGN DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES AND ADOPTING RESOLUTION 2007-38 APPROVING THE SUMMARY ORDINANCE MOTION: Aho moved, seconded by Nelson, to approve the Second Reading of Interim Ordinance 9-2007 temporarily prohibiting installation, construction, reconstruction, expansion, erection, placement or display of any sign displaying animation or electronically changing images or messages and to adopt Resolution 2007-38 approving the summary ordinance. Motion carried 5-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Flying Cloud Airport Sanitary Sewer & Water Project Neal said we discussed this item briefly in the workshop this evening. Flying Cloud Airport does not have sanitary sewer and water and we would like to oblige their request for this service. He said the sewer and water installation is identified in our Memorandum of Agreement with MAC and is a requirement by the Minnesota Pollution Control Agency to close all private wells and septic systems at the airport. This project has been a moving target in MAC’s Capital Improvement Program for many years and its limited capability to fully fund the project at this time make it difficult to know whether funding will occur any time soon. The City is offering to partnership with MAC to finance the project through our system which would mean they would bear all the costs for the project and would pay the City back over 20-years. Aho asked if this would be coordinated with the project to reconstruct Pioneer Trail. Neal said it is being coordinated, and our Engineering Department would like this project underway or completed this year prior to the larger road project starting next year. CITY COUNCIL MINUTES February 20, 2007 Page 13 Nelson thought it was important to get this done and she is concerned about any old wells or septic systems out there. Duckstad said he supported the project. Butcher said this has been a long time in coming. MOTION: Butcher moved, seconded by Duckstad, to support the offer made to the Metropolitan Airports Commission to finance its portion of the sanitary sewer and water project along Pioneer Trail through General Obligation Bonds and to have this project completed in 2007. Motion carried 5-0. 2. Public Notice Requirements and Practices Neal said there was discussion at the last meeting as to whether our system of public notice is creating more problems. He said the notification area for public hearings varies with the type of public hearing. For the project at Forest Hills Park, staff identified a 1500-foot notice area around Forest Hills Park. We then identified through the database those living in the units affected within the designated area to create a mailing list. The mailing list is kept in the files in order to check whether some individual was notified. Neal said we can make the areas bigger but it increases the expense. He said we also include the public hearing notices in the newspaper and also on the web site. Young said he thought Mr. Mallow’s point was the families whose children attend Forest Hills School should have been notified. Neal said the only way we could do that would be to get the mailing list from the School District. We would have to ask them to provide that and he was not sure they would be willing to do that. Nelson thought in the specific cases where school playgrounds are involved we should try to notify the families. She thought we should do something, such as a flyer sent home with the students, in coordination with the School District to send notice to families. Aho thought this was a unique case in that the city owns a park within the confines of the school grounds. He thought it would be good to notify all the families but not necessarily by means of a city mailing. Butcher said there is another school park coming up at Prairie View and she thought we should keep that in mind when we notify people about that. She thought we need to be very careful how much we spend on notifications and it would be good to explore different ways of doing it. Dietz said he thought if Mr. Lambert were present, he would say it is a neighborhood park so sending it to just the School District would not reach all of those who use the park. CITY COUNCIL MINUTES February 20, 2007 Page 14 Duckstad said he thought notifying the public of the opportunity to attend a meeting is a very important effort and we should make an extra effort even if it costs more money. Rosow said in the provisions of the Minnesota statute concerning Data Practices, it would appear it would take a discussion with the School District. The names could be treated as directory information and that data then would be available. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Major Center Area Implementation Update Jeremiah said this is an update of implementation activities recommended by the Major Center Area (MCA) Study. The Major Center Area (MCA) Study was adopted by the City Council on January 17, 2006 as an advisory tool. The study includes land use, transportation and wayfinding recommendations for the Valley View Road/Prairie Center Drive “ring road” area. A task force guided the study and public input was received from the residential and business communities through a series of meetings and open houses. The final report includes an implementation chapter with specific recommendations for near term (0-7 years) and long-term (8+ year) activities. Jeremiah said there is a report included as an attachment in the information packet that provides an update of the implementation. She reviewed the progress made on the implementation. She noted the MCA Wayfinding Committee has developed a list of general consensus items that were also included in the information packets. Young asked if both of the LRT routes into Eden Prairie survived into the EIS phase. Jeremiah said they are being considered as one route at this point in that our preferred alternative is being studied in detail and the other one is being considered as a fall-back. Nelson asked if there was any possibility of taking another look at realignment of the route from Singletree and West 78th. Dietz said we are proposing to do an interim project on Singletree Lane for the Windsor Plaza and Bobby & Steve’s projects. He said there is at some point a potential to work with Target and Eden Prairie Center for redevelopment in that area but it would be expensive to do this without a willing partner. Nelson asked if there is only one realignment route. Dietz said no, there was an original plan that addressed the route and we were working on building consensus on how to realign it but that did not work. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES February 20, 2007 Page 15 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Aho invited Councilmembers and staff to attend a transportation/transit legislation meeting as part of the I-494 Corridor Commission on February 28th at 7:00 PM at Minnetonka City Hall. XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:25 PM. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 6, 2007 DEPARTMENT/DIVISION: Christy Weigel, Police/ Community Investigations Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VII.A. These licenses have been approved by the department heads responsible for the licensed activity. Cigarette & Tobacco Products Anderson Market, Inc DBA: Anderson Market 8795 Columbine Road (formerly Super Gas U.S.A.) New Liquor License(s) Licensee name: E.P. ISOC, LLC DBA: Cosi – Eden Prairie 12555 Castlemoor Drive 2007 Renewal Licenses Private Kennel Lee Emerson-Nightengale - cats CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: 03/06/07 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah Scott A. Kipp ITEM DESCRIPTION: Whispering Ridge ITEM NO.: VII.B. Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from R1-22 to R1- 13.5 on 3.78 acres; and • Approve the Development Agreement for Whispering Ridge; and • Approve and Authorize Issuance of a Grading Permit for Whispering Ridge subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated January 2, 2007, as approved by the City Council. Synopsis This is approval of a nine lot single family development. The 120-Day Review Period Expires on April 19, 2007. Attachments 1. Ordinance 2. Ordinance Summary 3. Development Agreement WHISPERING RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-2007 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 11 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 R1-22 Zoning District and be placed in the R1-13.5 Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 Zoning District and shall be included hereafter in the R1-13.5 Zoning District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 6, 2007, entered into between Premier Development of the Twin Cities, Inc., and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. 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 6th day of February, 2007, 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 6th day of March, 2007. ATTEST: _____________________________ _____________________________ Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on__________________, 2007. EXHIBIT A - WHISPERING RIDGE Legal Description Before Final Plat Lot 1, Block 1, Alm Eden Heights Addition, Hennepin County, Minnesota Subject to drainage and utility easements as shown on plat. The boundaries of the underlying plat of Eden Heights Addition are marked by judicial landmarks placed at the northwest corner of said plat, the northeast corner of Lot 1, Block 1, the southwest corner of Lot 5, Block 3 and the most southerly of the southeast corners of Lot 2, Block 3. Lot 2, Block 1, Alm Eden Heights Addition, Hennepin County, Minnesota Subject to drainage and utility easements as shown on plat of Alm Eden Heights Addition; The boundaries of the underlying plat of Eden Heights Addition are marked by judicial landmarks placed at the northwest corner of said plat, the northeast corner of Lot 1, Block 1, the southwest corner of Lot 5, Block 3, and the most southerly of the southeast corners of Lot 2, Block 3. Lot 10, Block 1, Eden Heights, Hennepin County, Minnesota The boundaries of which plat are marked by judicial landmarks placed at the northeast corner of Lot 1, Block 1, one at the Northwest corner of said plat, one at the southwest corner of Lot 5, Block 3, and one at the most southerly of the two southeast corners of Lot 2, Block 3 Legal Description After Final Plat Lots 1-9, Block 1, WHISPERING RIDGE, Hennepin County, Minnesota WHISPERING RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 10-2007 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 at16440, 16480 and 16500 Hilltop Road, from the R1-22 Zoning District to the R1-13.5 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 Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on__________________, 2007. (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT WHISPERING RIDGE THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of March 6, 2007, by Premier Development of the Twin Cities, Inc., a Minnesota corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City”: WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from R1-22 to R1- 13.5 Zoning District on 3.78 acres, and Preliminary Plat of 3.78 acres into 9 lots and road right-of- way, legally described on Exhibit A (the “Property”); NOW, THEREFORE, in consideration of the City adopting Ordinance No. 10-2007 for Zoning District Change from R1-22 to R1-13.5 on 3.78 acres, and Resolution No. 2007-28 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 January 2, 2007, reviewed and approved by the City Council on February 6, 2007, (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. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot shall be sold or transferred to the first intended residential homeowner, nor an agreement entered into to construct a home on any lot within the development unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit E hereto regarding the Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer shall require by contractual obligation with its initial purchaser the delivery of the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot (whichever comes first). 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 information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins or Stormwater Infiltration Systems (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss and channelization of flow are not occurring, and thereafter by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled “State of Minnesota Storm water Manual” dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment which shall be removed by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance, the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, re-mulching of void areas, replanting or reseeding areas where dead or diseased plants were removed and hand removal of sediment build-up. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 8. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property, Developer shall submit to the City Building Official, and obtain the City Building Official’s written approval of plans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels, depicted in the Metropolitan Council’s Transportation Policy Plan, Appendix H, (Metropolitan Council Land Use Compatibility Guidelines for Aircraft Noise) Table 4, adopted December 15, 2004. 9. OWNER’S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner’s Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Stephen M. Alm and April M Alm, formally known as April M. Dike B. Nancy Marie Roycraft and Charles Michael Roycraft 10. 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. 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. 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: (a) Trunk sewer and water assessments on an assessable area of 3.78 acres in the amount of $ 16,172.20. (b) Hilltop Road Street and Utility Improvements in an amount not to exceed $66,104.00. 13. 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 public streets, 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. 14. TREE LOSS - TREE REPLACEMENT: There are 513 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 231 diameter inches. Tree replacement required is 138 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 138 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 Premier Development of the Twin Cities, Inc. By ___________________________________ By___________________________ Its ___________________________________ Phil Young 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 ________________, 2007, by Phil Young 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 ____________, 2007, by , the , of Premier Development of the Twin Cities, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT – WHISPERING RIDGE Legal Description Before Final Plat Lot 1, Block 1, Alm Eden Heights Addition, Hennepin County, Minnesota Subject to drainage and utility easements as shown on plat. The boundaries of the underlying plat of Eden Heights Addition are marked by judicial landmarks placed at the northwest corner of said plat, the northeast corner of Lot 1, Block 1, the southwest corner of Lot 5, Block 3 and the most southerly of the southeast corners of Lot 2, Block 3. Lot 2, Block 1, Alm Eden Heights Addition, Hennepin County, Minnesota Subject to drainage and utility easements as shown on plat of Alm Eden Heights Addition; The boundaries of the underlying plat of Eden Heights Addition are marked by judicial landmarks placed at the northwest corner of said plat, the northeast corner of Lot 1, Block 1, the southwest corner of Lot 5, Block 3, and the most southerly of the southeast corners of Lot 2, Block 3. Lot 10, Block 1, Eden Heights, Hennepin County, Minnesota The boundaries of which plat are marked by judicial landmarks placed at the northeast corner of Lot 1, Block 1, one at the Northwest corner of said plat, one at the southwest corner of Lot 5, Block 3, and one at the most southerly of the two southeast corners of Lot 2, Block 3 Legal Description After Final Plat Lots 1-9, Block 1, WHISPERING RIDGE, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT – WHISPERING RIDGE PLANS LIST OF MATERIALS 1. Preliminary Plat dated 12-29-06 by Sather-Berquist, Inc. 2. Boundary/Location Survey dated 02-13-07 by Sather-Berquist, Inc. 3. Existing Conditions dated 02-13-07 by Sather-Berquist, Inc. 4. Title Sheet dated 12-29-06 by Sather-Berquist, Inc. 5. Street Sheet dated 12-29-06 by Sather-Berquist, Inc. 6. Sanitary Sewer and Watermain Plan dated 12-29-06 by Sather-Berquist, Inc. 7. Storm Sewer Plan dated 12-29-06 by Sather-Berquist, Inc. 8. Grading, Drainage and Erosion Control Plan dated 12-29-06 by Sather-Berquist, Inc. 9. Removal Plan dated 12-29-06 by Sather-Berquist, Inc. 10. Tree Survey/Removal Plan dated 12-19-06 by Sather-Berquist, Inc. 11. Site/Tree Replacement Plan dated 12-29-06 by Sather-Berquist, Inc. EXHIBIT C DEVELOPMENT AGREEMENT – WHISPERING RIDGE I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: A. Stephen M. Alm and April M Alm, formally known as April M. Dike B. Nancy Marie Roycraft and Charles Michael Roycraft With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. 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 Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. 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, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and 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 ½ 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 – WHISPERING RIDGE AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS ____ day of ___________, 2007, between the City of Eden Prairie, a municipal corporation, (the "City") and Premier Development of the Twin Cities, Inc., a Minnesota corporation (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 and requires the construction of the following public improvements: (1) 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 "Trunk Improvements"). (2) Street and utility improvements adjacent to the Property (which is hereafter referred to as “Hilltop Road Street and Utility Improvements”). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Trunk Improvements and the Hilltop Road Street and Utility 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 for the construction, and maintenance of the Trunk Improvements and Hilltop Road Street and Utility Improvements as follows: (a) The Property will be assessed for Trunk Improvements in the amount of $ 16,172.20. (b) The Property will be assessed for the Hilltop Road Street and Utility Improvements in an amount not to exceed $66,104.00. 2. The City has prepared a Feasibility Report that shows proposed costs to be assessed against the Property and additional amounts to other lands for the Hilltop Road Street and Utility Improvements. The actual cost to be assessed against the Property for the Hilltop Road Street and Utility Improvements may differ from the amount in the Feasibility Report. Actual cost to be assessed against the Property for the Hilltop Road Street and Utility Improvements shall be determined in the same manner as reported in the Feasibility Report prepared with respect to these improvements but in no event shall this amount exceed $66,104.00. 3. For purposes of determining the amount of the assessments, the costs of the Hilltop Road Street and Utility Improvements shall include, in addition to actual construction costs, administrative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Hilltop Road Street and Utility Improvements, but in no event shall this amount exceed $66,104.00. 4. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 5. 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. 6. 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. 7. This agreement shall be effective immediately. 8. This Agreement may not be terminated or amended except in writing executed by both parties hereto, provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. OWNER CITY OF EDEN PRAIRIE Premier Development of the Twin Cities, Inc. A Minnesota Municipal Corporation A Minnesota corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Phil Young 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 __________, 2007, by Phil Young, 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 ___________, 2007, by the ______________________of Premier Development of the Twin Cities, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of March 6, 2007, by and between Stephen M. Alm and April M. Alm, formally known as April M. Dike, as joint tenants of Lot 1, Block 1, Eden Heights Addition and Stephen M. Alm and April M. Alm as joint tenants of Lot 2, Block 1, Eden Heights Addition, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Ordinance No. 10-2007 for Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2007-28 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of March 6, 2007, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement") pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1 If Premier Development of the Twin Cities, Inc., 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 Ordinance No. 10-2007 for Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2007-28 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______________________________ Stephen M. Alm Phil Young Its Mayor ___________________________________ By____________________________ April M. Alm, formally known as April M. Dike Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of __________________, 2007, by Phil Young 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 _________________, 2007, by Stephen M. Alm and April M. Alm, formally known as April M. Dike, husband and wife. ___________________________ Notary Public EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat Lot 1, Block 1, Alm Eden Heights Addition, Hennepin County, Minnesota Subject to drainage and utility easements as shown on plat. The boundaries of the underlying plat of Eden Heights Addition are marked by judicial landmarks placed at the northwest corner of said plat, the northeast corner of Lot 1, Block 1, the southwest corner of Lot 5, Block 3 and the most southerly of the southeast corners of Lot 2, Block 3. Lot 2, Block 1, Alm Eden Heights Addition, Hennepin County, Minnesota Subject to drainage and utility easements as shown on plat of Alm Eden Heights Addition; The boundaries of the underlying plat of Eden Heights Addition are marked by judicial landmarks placed at the northwest corner of said plat, the northeast corner of Lot 1, Block 1, the southwest corner of Lot 5, Block 3, and the most southerly of the southeast corners of Lot 2, Block 3. Lot 10, Block 1, Eden Heights, Hennepin County, Minnesota The boundaries of which plat are marked by judicial landmarks placed at the northeast corner of Lot 1, Block 1, one at the Northwest corner of said plat, one at the southwest corner of Lot 5, Block 3, and one at the most southerly of the two southeast corners of Lot 2, Block 3 Legal Description After Final Plat Lots 1-9, Block 1, WHISPERING RIDGE, Hennepin County, Minnesota OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN PREMIER DEVELOPMENT OF THE TWIN CITIES, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of March 6, 2007, by and between Nancy Marie Roycraft and Charles Michael Roycraft, husband and wife as joint tenants, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Ordinance No. 10-2007 for Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2007-28 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of March 6, 2007, by and between Premier Development of the Twin Cities, Inc., a Minnesota corporation, and City ("Development Agreement") pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1 If Premier Development of the Twin Cities, Inc., 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 Ordinance No. 10-2007 for Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2007-28 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______________________________ Charles Michael Roycraft Phil Young Its Mayor ___________________________________ By____________________________ Nancy Marie Roycraft Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of __________________, 2007, by Phil Young 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 _________________, 2007, by Nancy Marie Roycraft and Charles Michael Roycraft, husband and wife, as joint tenants. ___________________________ Notary Public EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat Lot 1, Block 1, Alm Eden Heights Addition, Hennepin County, Minnesota Subject to drainage and utility easements as shown on plat. The boundaries of the underlying plat of Eden Heights Addition are marked by judicial landmarks placed at the northwest corner of said plat, the northeast corner of Lot 1, Block 1, the southwest corner of Lot 5, Block 3 and the most southerly of the southeast corners of Lot 2, Block 3. Lot 2, Block 1, Alm Eden Heights Addition, Hennepin County, Minnesota Subject to drainage and utility easements as shown on plat of Alm Eden Heights Addition; The boundaries of the underlying plat of Eden Heights Addition are marked by judicial landmarks placed at the northwest corner of said plat, the northeast corner of Lot 1, Block 1, the southwest corner of Lot 5, Block 3, and the most southerly of the southeast corners of Lot 2, Block 3. Lot 10, Block 1, Eden Heights, Hennepin County, Minnesota The boundaries of which plat are marked by judicial landmarks placed at the northeast corner of Lot 1, Block 1, one at the Northwest corner of said plat, one at the southwest corner of Lot 5, Block 3, and one at the most southerly of the two southeast corners of Lot 2, Block 3 Legal Description After Final Plat Lots 1-9, Block 1, WHISPERING RIDGE, Hennepin County, Minnesota CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 6, 2007 DEPARTMENT/DIVISION: Stuart A. Fox, Manager, Parks and Natural Resources ITEM DESCRIPTION: Bid Award for Eden Valley Park Tennis and Basketball Court Reconstruction ITEM NO.: VII.C. Requested Action Move to: Award the bid for reconstruction of the tennis and basketball court at Eden Valley Park to Northwest Asphalt Corporation in the amount of $103,084. Synopsis A portion of the 2005 park bond referendum was designated for the replacement of tennis courts at five neighborhood parks. These were Carmel, Prairie East, Eden Valley, Rustic Hills, and Homeward Hills Parks. The estimated total cost for the replacement of all five of these courts was $360,000. This year the staff is finishing the replacement program of tennis courts that were earmarked by the referendum. Plans and specifications were prepared and bids for replacement of the Eden Valley courts were received on February 15, 2007. Bids were as follows: Northwest Asphalt $103,084 Midwest Asphalt $113,800 Plehal Blacktop $117,300 Bituminous Roadways $126,775 Barber Construction $138,000 Staff has reviewed the submitted bids and recommends the City Council award the reconstruction for the Eden Valley tennis and basketball courts to Northwest Asphalt in the amount of $103,084. This project will be paid from the park referendum bond funds. The construction estimate for this project is $110,000. Background Currently the City has 44 tennis courts throughout the community in neighborhood parks. The Parks and Recreation Department has an ongoing program of restoration and resurfacing of tennis courts within the park system; however, many of the tennis courts are approaching twenty-five years of age and several of them have structural cracks that take additional work above and beyond a normal surface treatment. Five tennis courts will have been replaced as a result of the monies from the 2005 park bond referendum and three were replaced in 2006 and these two are the courts that were in the worst condition within the park system. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 6, 2007 DEPARTMENT/DIVISION: Stuart A. Fox, Manager, Parks and Natural Resources ITEM DESCRIPTION: Bid Award for Rustic Hills Park Tennis and Basketball Court Reconstruction ITEM NO.: VII.D. Requested Action Move to: Award the bid for reconstruction of the tennis and basketball court at Rustic Hills Park to Northwest Asphalt Corporation in the amount of $103,084. Synopsis A portion of the 2005 park bond referendum was designated for the replacement of tennis courts at five neighborhood parks. These were Carmel, Prairie East, Eden Valley, Rustic Hills, and Homeward Hills Parks. The estimated total cost for the replacement of all five of these courts was $360,000. This year the staff is finishing the replacement program of tennis courts that were earmarked by the referendum. Plans and specifications were prepared and bids for replacement of the Rustic Hills courts were received on February 15, 2007. Bids were as follows: Northwest Asphalt $103,084 Midwest Asphalt $114,300 Plehal Blacktop $119,300 Bituminous Roadways $126,775 Barber Construction $159,962 Staff has reviewed the submitted bids and recommends the City Council award the reconstruction for the Rustic Hills tennis and basketball courts to Northwest Asphalt in the amount of $103,084. This project will be paid from the park referendum bond funds. The construction estimate for this project is $110,000. Background Currently the City has 44 tennis courts throughout the community in neighborhood parks. The Parks and Recreation Department has an ongoing program of restoration and resurfacing of tennis courts within the park system; however, many of the tennis courts are approaching twenty-five years of age and several of them have structural cracks that take additional work above and beyond a normal surface treatment. Five tennis courts will have been replaced as a result of the monies from the 2005 park bond referendum and three were replaced in 2006 and these two are the courts that were in the worst condition within the park system. CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: March 6, 2007 DEPARTMENT/DIVISION: Leslie Stovring Public Works / Environmental Services ITEM DESCRIPTION: IC# 03-5602 Wetland Health Evaluation Program Agreement ITEM NO.: VII.E. Requested Action Move to: Authorize an agreement with Hennepin County for Eden Prairie to continue participation in the Wetland Health Evaluation Project Synopsis In 2006 the City completed its fifth year of monitoring wetlands through the Wetland Health Evaluation Program (WHEP) in partnership with Hennepin County. Hennepin County is requesting continued sponsorship of the program for an annual cost of $4,000 per year for 2007 and 2008. The program has been a successful project and the monitoring program is continuing in 2007 as one of our Phase II Stormwater Permit programs. Currently the project is collecting data which could be used in the future to assist in determining what projects could be undertaken to improve the quality of the wetlands evaluated. Funding will be from the stormwater utility. Background The Wetland Health Evaluation Project (WHEP) is a partnership between Hennepin County, the Minnesota Pollution Control Agency (MPCA) and Dakota County. The project involves volunteers to monitor and evaluate wetlands within sponsoring communities. It is an excellent tool for both environmental education and collection of natural resource data. The data will be used to monitor how changes in land use impact the wetlands evaluated as well as to educate citizens and decision makers about wetland health in their community. Hennepin County is planning on using the data collected to apply for grants targeted at restoration or enhancement of the wetlands in the future. Using sampling methods developed by the MPCA, the volunteers help determine the general health of the wetlands sampled. Insect and plant communities are sampled and evaluated. The organisms collected provide accurate windows into the health of a wetland as certain species act as “biological indicators”, meaning their existence in an area is indicative of environmental conditions. For example, bladderwort (Utricularia spp.) indicates the wetland is healthy, as bladderwort is sensitive to ecological changes. Hennepin County recognized the volunteers at an event on February 8, 2007. The stipend provided by the sponsor City is used to fund hiring of a team leader, purchase of equipment, quality control by an environmental consultant (URS/BRW) and statistical analysis and reporting. The City selects four wetlands appropriate for the evaluation and provides a staff contact (the Environmental Coordinator) for the project. To date, ten wetlands have been sampled. Results A total of twelve (12) volunteers and one team leader worked on the Eden Prairie project in 2006. They worked a total of approximately 175 hours, or 14.5 hours per volunteer plus the time spent in training (approximately 12 hours). The Team Leader typically puts in many more hours, and receives a stipend in consideration of the extra time. The volunteers sampled four wetlands during the 2006 season. The wetlands are as follows: 1. Duck Pond - Duck Pond was added in 2004 and is a pond south of the railroad tracks from Duck Lake that was part of the lake prior to construction of the railroad. This pond is also part of a research study by the University of Wisconsin – Madison as a large number of deformed frogs have been identified within the pond. The City’s inventory has classified this as a high quality wetland. The WHEP program classified the wetland as moderate. 2. Water Treatment Plant – The wetland mitigation site was added in 2005 to the sampling program. The sampling program will help determine the success of the mitigation. The WHEP program classified the wetland as moderate. 3. Round Lake Park – A wetland on the western side of Round Lake was added in 2005 to the sampling program. The pond is part of the barley straw treatment program currently being conducted by Blue Water Science. The pond is also scheduled to be upgraded by the Riley- Purgatory-Bluff Creek Watershed District in the future. The WHEP data will help provide background data on the health of the pond. The WHEP program classified the wetland as poor to moderate. 4. Settlers West – The wetland mitigation site within Settlers West was added in 2005 to the sampling program. This was a wetland that was expanded to provide wetland mitigation for the development. The sampling program will help determine the success of the mitigation. The WHEP program classified the wetland as poor to excellent. In the overall WHEP program, more than 50 wetlands were sampled in Dakota and Hennepin Counties during 2006. The vegetation analysis was consistent with previous trends, with more than half of the wetlands rated as Moderate. Attachments • Attachment I - WHEP Contract Contract No: A062553 AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND HENNEPIN COUNTY ENVIRONMENTAL SERVICES THIS AGREEMENT is made this day of , 2007, by and between the City of Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell Road, Eden Prairie, MN 55344 (hereinafter referred to as the "City"), and Hennepin County Environmental Services located at 417 North Fifth Street, Minneapolis, Minnesota 55401-1397 (hereinafter referred to as the "County"). WITNESSETH WHEREAS, the City is willing to cooperate with the County on the Wetland Health Evaluation Program (hereinafter referred to as the "Program"). WHEREAS, the County represents that it has the professional and technical expertise and capabilities to perform it's duties on this Program; and NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall commence on the January 31, 2007 and expire March 31, 2009. II. DUTIES OF COUNTY A. The County agrees to provide the services in accordance with the County's Wetland Health Evaluation Program, and the County's Estimate of Program Tasks as described on Exhibit A, which is hereby incorporated into this agreement and made a part hereof. B. The County shall provide the above-mentioned services on a lump sum fee basis per the attached fee schedule located in Exhibit A for the 2007 and 2008 seasons. The funding formula is $800 per wetland, plus $800 per quality assurance recheck. The total amount of work authorized by this Agreement including reimbursable expenses and testing services shall not exceed eight thousand dollars $8,000.00 without written authorization from the City. C. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The liability of Hennepin County and the City of Eden Prairie shall be governed by the provisions of the Minnesota Municipal Tort Claims Act, Minnesota Statutes 466 and other applicable law. Common law immunities and defenses are not waived D. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the County staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The County and its staff are to be and shall remain an independent County with respect to all services performed under this Agreement. The County represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the County or other persons, while engaged in the performance of any work or services required by the County under this Agreement shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment 2 including, without limitation, claims of discrimination against the County, its officers, agents, County or employees shall in no way be the responsibility of the City; and the County shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not be required nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. E. During the performance of services, the County shall maintain the following minimum insurance coverage: General Liability Insurance in the amount of at least $1,000,000 combined single limit with bodily injury limits in the amount of at least $300,000 per individual and $1,000,000 for injuries or death arising out of each occurrence. Property damage liability in the amount of $1,000,000 for each occurrence. Automobile Liability Insurance in the amount of $300,000 per individual and $1,000,000 per occurrence. The County shall carry Workers' Compensation Insurance as required by Minnesota State Laws. The County agrees to maintain professional liability insurance in the amount of $1,000,000 annual aggregate during the term of this Agreement. It is understood that the County is self-insured. F. The books, records, documents, and accounting procedures of the County, relevant to this Agreement, are subject to examination by the City, and either the 3 legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5. G. The City and County agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement, to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. H. The County agrees to comply with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs or activities. The County agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the County. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. 4 J. The County agrees that the City will have the right to use, reproduce, and modify, as it desires any data, reports, analyses, and materials which are collected or developed by the County as a result of this Agreement. Any reuse shall be at the City's sole risk and the City shall defend, indemnify, and hold harmless County from any and all claims arising therefrom. K. County shall use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same locality. L. Any delays in or failure of performance by City or County, other than payment of money, shall not constitute default hereunder if and to the extent such delays or failures of performance are caused by occurrences beyond the control of City or County, as the case may be, including but not limited to: act of war; rebellion or sabotage or damage resulting therefrom; fires, floods, explosion, accidents; or any causes, whether or not of the same class of kind as those specifically above named, which are not within the control of City or County, respectively, and which by the exercise of reasonable diligence, City or County are unable to prevent. M. County shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the services shall remain the property of the County. County has no objection to the City reusing the drawings and documents in its possession from the County with the limitations specified in Paragraph J of this Agreement. 5 N. Since the County has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet project schedules, County's opinion of probable costs and of project schedules shall be made on the basis of experience and qualifications in Environmental Services. The County does not guarantee that the proposals, bids, or actual costs will not vary from County's cost estimates or that actual schedules will not vary from the County's projected schedules. 0. Nothing in this Agreement constitutes a waiver by the City or County of any statutory or common law defenses, immunities, or limits on liability. The indemnification obligations of the City or County under this Agreement cannot exceed the amount that the City or County would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466. III. DUTIES OF THE CITY The City agrees to pay the County for the County's services on a fee and reimbursable cost basis per the attached schedule Exhibit A. The total amount of work authorized by this Agreement shall not exceed eight thousand dollars $8,000.00 without written authorization from the City. The City shall pay the County within thirty (30) days of receiving the County's invoice outlining the costs and expenses of the County. IV. MISCELLANEOUS • A. This Agreement represents the entire Agreement between the County and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, 6 alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The parties agree to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this Agreement. C. This Agreement and any legal actions resulting therefrom shall be interpreted and governed by the laws of the State of Minnesota. V. TERMINATION This Agreement may be terminated by the City or the County with or without cause at any time upon thirty (30) days written notice. In the event that such termination should take place at a time other than the completion of the work to be performed under this Agreement, the County shall be paid for the work performed to the date of termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF EDEN PRAIRIE DATED: By: Mayor DATED: By: City Manager Reviewed and approved by the City Attorney. City Attorney 7 THIS PAGE DELIBERATELY LEFT BLANK SEE ATTACHED HENNEPIN COUNTY SIGNATURE PAGE 8 Reviewed by the County Attorney's 4V4 4ILet COUNTY OF HENNEPIN STATE OF MINNESOTA By: COUNTY ADMINISTRATOR APPROVAL PROVIDER, having signed this agreement, and the County having duly approved this agreement on the day of , 2007, and pursuant to such approval, the proper County officials having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth. County Administrator By: Assistant County Administrator - Public Works Date: Recommended for Approval By: Director, Department of Environmental Services Date: PROVIDER The Provider certifies that the person who executed this Agreement is authorized to do so on behalf of the Provider as required by applicable articles, bylaws, resolutions or ordinances.* Name: By: Date: *Provider shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time Provider returns the Agreement to the County. Documentation is not required for a sole proprietorship. 9 Exhibit A: General Description The Wetland Health Evaluation Project (WHEP) is a partnership between the Minnesota Pollution Control Agency, Hennepin County, Dakota County and cooperating cities and watershed districts. In the program, citizen volunteers use biological monitoring criteria established by the MPCA to monitor local wetlands. Hennepin County Department of Environmental Services is the coordinating agency in Hennepin County. The project began in Dakota County in 1998 and was piloted in Hennepin County in 2001. The details of the program responsibilities are as follows: Hennepin County Program Manager: The program manager is responsible for oversight of total program implementation and reporting. The program manager will: • Take proper precautions to ensure the safety of those involved in activities relating to WHEP. • Convene 'WHEP meetings as necessary. • Coordinate training sessions. • Provide site selection forms and site selection assistance as needed. • Manage program finances. • Manage program contracts. • Maintain communication with all parties. • Cooperate with community sponsor contacts to recruit volunteers and team leaders. • Implement any corrective actions necessary based upon recommendations from the monitoring coordinators, local sponsors, private consultant or the Minnesota Pollution Control Agency. • Keep on file all data sheets, site selection forms, financial records, and reports. • Provide copies of checked data sheets to team leaders, community sponsor contacts, private consultant and MPCA. • Serve as a spokesperson for the program. • Coordinate outreach educational opportunities. • Coordinate and find sponsors for volunteer appreciation dinner. • Distribute Field Season Summary to team leaders, monitoring coordinators and community sponsor contacts and MPCA. • Provide feedback and evaluation to team leaders and monitoring coordinators as needed. • Develop partnerships with other organizations to further the goals of WHEP. • Pursue outside funding for the program. The City would be required to: • Provide a staff contact for the program. • Provide funds for the following expenses each year in the program: team leader stipend, equipment, and volunteer coordinators cross checking of wetland by another team URS quality control statistical analysis and reporting by URS The funding formula is $800 per wetland, plus $800 per quality assurance recheck. • Select the wetlands to be included in the program including one reference site per team, which is monitored over time. • Complete site identification forms, keeping one copy for city files and distributing one copy of each to the team leader and the original to the WHEP program manager. • Secure maps and background information on wetlands in the program. • Select, in cooperation with the program manager, a team leader. • Recruit, in cooperation with the program manager, volunteers. • Take proper precautions to ensure the safety of team members. 10 Exhibit A (cont.): • Arrange for reporting the results of the program to local officials in cooperation with the team leader. • Support the team leader as necessary. • Report how the data gathered is used at the local level to the program manager, i.e.: Environmental education of citizens. Local government assessment and decision-making processes. Staff contacts are encouraged to: • Attend WHEP meetings. • Make a site visit to a wetland for each index (invertebrates and vegetation) with the team. • Prepare and distribute articles for city newsletters or local media. • Arrange to get video footage of the team in action for public access TV. 11 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: March 6, 2007 DEPARTMENT/DIVISION: Leslie Stovring Public Works / Environmental ITEM DESCRIPTION: IC # 98-5467 and 02-5572 Wetland Mitigation Site Vegetation Management Contract ITEM NO.: VII.F. Requested Action Move to: Approve proposal from Minnesota Native Landscaping for the vegetation management for the wetland mitigation sites at the Glenshire Outlot and Water Treatment Plant for 2007 and 2008 at an estimated cost of $23,460. Synopsis The City of Eden Prairie is required to provide maintenance of the vegetation and hydrology at the two wetland mitigation sites constructed at the Glenshire Outlot on Edenvale Boulevard and the Water Treatment Plant. Invasive species have impacted significant portions of Glenshire that will require aggressive management over the next two years in order to allow final approval of the mitigation. Salt impacted areas remain at the Water Treatment Plant, but are improving. The vegetation monitoring and management activities will be funded by the Stormwater Utility Fund. Background The wetland mitigation construction was completed in 2003. The Wetland Conservation Act (WCA) requires that wetland mitigation sites be managed for a minimum of five (5) years to ensure that vegetation is established as proposed in the mitigation plan. This includes seeding success and control of noxious weeds and invasive or nonnative species, including reed canary grass, thistle, cattail, leafy spurge, purple loosestrife and buckthorn, which would defeat the revegetation goal of the plan. The mitigation will not be approved until all reasonable measures are taken to ensure success of the vegetation within these two sites. The vegetation management plan includes a series of management activities such as mowing and herbicide treatments at both sites. At Glenshire, additional measures include a prescribed burn in 2007 and 2008, tree replacement and removal of excess brush in overgrown areas. At the Water Treatment Plant, additional measures include reseeding of areas with sparse vegetation, removal of invasive shrub species, trimming of the dogwoods, addition of new dogwoods in bare areas, clearing vegetation within the pathways to the docks and one prescribed burn in 2008. Proposal Summary Four companies were solicited for proposals. Two submitted proposals. They included Minnesota Native Landscapes ($23,460) and Prairie Restoration ($24,894.38). The project will be paid out of the Stormwater Utility. Attachments • Attachment I - Proposal dated December 6, 2006. Minnesota Native Landscapes Land Management guidelines prepared by: Jake Janski — Land Management Supervisor Minnesota Native Landscapes, Inc. Date Submitted: December 6, 2006 Submitted to: Leslie Stovring- Environmental Coordinator AN OUTLINE OF SUGGESTED PROCEDURES TO BE USED TO MANAGE THE NATIVE PRAIRIE PLANTINGS AT THE GLENSHIRE OUTLOT & WATER TREATMENT PLANT EDEN PRAIRIE, MN A. Project Overview: The restoration areas at Glenshire and the Eden Prairie Water Treatment Plant were evaluated on November 29, 2006. Each site contained numerous features and individual vegetation management needs. Recommended treatments and procedures will be broken down by site and season B. Recommended Procedures: Water Treatment Plant 2007: Spring-The season should begin with a complete cutting of all restoration areas. All unwanted, volunteer woody species would be cut and treated at this time and pathways to the docks will also be cleared of encroachment. Spring would also be the recommended time to conduct a soil test on the salt impacted areas. If the test indicates that the soils are suitable for plant growth, an appropriate mix would be compiled and installed at this time. A light overseeding and mulching should be sufficient. If the test indicates that soils would still not support the desired plant growth, soil amendments may be made. If this is the case, the seeding would take place later in the season. Late Spring/Summer/Fall- Throughout the season, a number of treatments will be needed to address specific weed situations. During each of four site visits, unwanted weedy species will be either spot sprayed, pulled or cut as deemed necessary. This includes the herbicide treatment of reed canary grass (Phalaris arundinacea) with Rodeo®, or Envoy® where applicable (drier areas for grass control, will not harm sedges). Cattails (Typha sp) will either be sprayed or wick treated with Rodeo® or cut. Other non-native or noxious broadleaf weeds (i.e. thistle, spurge, vetch, etc) would be sprayed with Transline®, 2,4-D® or Millennium® (a combination product of Transline and 2,4-D) or Roundup These visits will also be used to non-selectively spray out the rocked driveway, the rock piles, the docks and mulched areas of all unwanted vegetation using Roundup® or Rodeo®. Newly emerging tree seedlings will also be treated as needed with Garlon®. Fall- If not conducted in the spring; the seeding of the salt impacted area would take place in the fall. 1 ADD ITEMS- The addition of six red osier dogwoods (Comus stolonifera) to east of the dogwood planting by the second dock is recommended to continue the planting into the previously chipped area. These chips will hinder most native herbaceous species so the shrub installation is optimal for native cover. The shrubs will be #5 size and guaranteed for one year from installation date. Water Treatment Plant 2008: Spring- If fuels and conditions allow, a prescribed burn would be recommended for this spring. All permits from the city and the DNR would be obtained by MNL and scheduling would be coordinated with the facility to alleviate impacts on operations. A weekend burn would likely be best. If burning is not an option, a mowing would again be conducted. Late Spring/Summer/Fall- Four site visits would again be conducted throughout the season to continue treatments of reed canary, cattails, volunteer saplings, broadleaf weeds and any weeds in mulched, rocked or dock areas. Glenshire 2007: Spring- Prior to spring thaw, invasive woody species would be cut, stump treated with a Carlon 4® mix and removed. This would primarily include the prickly ash (Zanthoxylum americanum) infestation on the upland island. Buckthorn within the perimeter tree lines will not be treated. If conditions allow, a spring prescribed burn would be recommended for the entire site for continued reed canary control. All permits from the city and the DNR would be obtained by MNL. If burning is not an option, a mowing would be concluded. A spring installation of the replacement willow stakes would also be preferable (post burning or mowing). Sandbar willow (Salix interior) would be used. Twelve to fifteen will be installed and sprouting will be guaranteed on the needed twelve by the season's end. Late Spring/Summer/Fall- Throughout the season, four treatments will be needed to address specific weed situations. During each of four site visits, unwanted weedy species will be either spot sprayed, pulled or cut as deemed necessary. This includes the herbicide treatment of reed canary grass with Rodeo®, or Envoy@ if applicable (a selective monocot treatment for grass control, will not affect sedges). Cattails will either be sprayed or wick treated with Rodeo® or cut. Other non-native or noxious broadleaf weeds (i.e. thistle, spurge, vetch, etc) would be sprayed with Transline@, 2,4-D@ or Millennium@ (a combination product of Transline and 2,4-D) or Rodeo®. These visits will also be used to non-selectively spray the upland island in preparation for re-seeding. Roundup@ or Rodeo@ would be used. Fall- If the upland island is deemed to be free of unwanted vegetation, it could be seeded and straw mulched at this point. The area would be lightly tilled and seeded with the tallgrass prairie mixes laid out in Appendix I. Straw mulch would be applied as needed. Upon completion of the seeding, the installation of the six replacement trees should take place. A combination of white oak (Quercus alba), paper birch (Betula papyriferia) and/or sugar, red or silver maples (Acer saccha rum, A. rubrum, & A. saccharinum) would be recommended based on the growing conditions observed in the area throughout the season. These trees would be 1"-2" caliper, true native specimens and would be mulched and sheltered. Trees would be guaranteed for one year from the installation date. 2 ADD ITEM- Any areas highly infested with weedy species that have been sprayed out throughout the season will be over-seeded as needed in the fall. This is likely to include many reed canary patches that must be aggressively treated to achieve control. Most areas would likely use the mixes in Appendix I, though the mix would be altered for wetter or drier conditions if needed. Glenshire 2008: Spring-The season should begin with a complete cutting of all restoration areas or a prescribed burn if not conducted in 2007 Late Spring/Summer/Fall- During the season, four treatments will be needed to continually address weed situations. During these site visits, unwanted weedy species (reed canary, cattails, thistle, etc...) will be either spot sprayed, pulled, or cut as deemed necessary. C. Costs for Services: Water Treatment Plant 2007: Mowing $980.00 Weed Control Visits El Four $435.00 Seeding and Soil Testing 0 Salt impact areas $275.00 Planting El Dogwood installation (6) $45.00 each 2007 Estimate (includes all add items) $3265.00 Water Treatment Plant 2008: Prescribed Burning El $1320.00 Mowing CI If burn is not conducted $980.00 Weed Control Visits CI Four $315.00 each 2008 Estimate (assuming the burn is conducted) $2580.00 Glenshire 2007: Brush Removal El $425.00 Prescribed Burning El $2175.00 3 date Minnesota Native Landscapes, Inc. Customer Signature date 4 Mowing 0 If burn is not conducted $1340.00 Weed Control Visits D Four $560.00 each Planting El Willow stakes (12-15) $60.00 El 1.5" caliper trees installation with tree protectors (6) $325.00 each Seeding El Upland island re-seeding $1250.00 El Overseeding miscellaneous treatment areas $440.00 2007 Estimate (including add item and including the burn) $8540.00 Glenshire 2008: Mowing El $1425.00 Prescribed Burning 0 $2250.00 Weed Control Visits D Four $440.00 each 2008 Estimate (assuming the mowing is conducted) $3185.00 If you wish to contract with us for these services, please return one signed copy of this agreement to Minnesota Native Landscapes, Inc. Copies can be mailed or faxed to (320) 968-4223. If you have question regarding this proposal, please contract me directly at (612) 490-5992 or at jake@mnnativelandscapes.com This quote is good for 30 days from the date on this proposal. If the decision is made to have MNL implement this plan, our payment terms are as follows; Payment in full will be due upon completion of each service as outlined. Any amount remaining unpaid beyond 30 days shall incur a 11/2% monthly finance charge. The customer agrees that upon customer's failure to make payment in full in accordance here, services will be terminated and the customer agrees to pay all costs of collection, including reasonable attorney fees. Minnesota Native Landscapes Inc. (MNL) reserves all rights to the information contained within this outline/proposal. This information may not disseminate to third parties without prior written approval. Thank you for considering Minnesota Native Landscapes for your Land Management needs. Minnesota Native Landscape APPENDIX I SUGGESTED SEED MIX TO BE USED TO RE-SEED THE UPLAND ISLAND AREA AT THE GLENSHIRE OUTLOT EDEN PRAIRIE, MN MNL MIX (G2) - Mid-Height Xeric Prairie Grasses Big bluestem (Andropogon gerardi) 3.0% Side oats grama (Bouteloua curtipendula) 30.0% Blue grama (Bouteloua gracilis) 10.0% Prairie brome (Bromus kalmii) 6.0% Canada wild rye (Elymus canadensis) 10.0% June grass (Koeleria cristata) 2.0% Little bluestem (Schizachyrium scoparium) 35.0% Indian grass (Sorghastrum nutans) 3.0% Prairie dropseed (Sporobolus heterolepis) 1.0% Seeding rate/acre 12 lbs. PLS MNL MIX (F2) - Mid-Height Xeric Wildflowers Fragrant giant hyssop (Agastache foeniculumn) 2.0% Prairie, Onion (Allium stellatum) 2.0% Leadplant (Amorpha canescens) 4.0% Butterfly milkweed (Asclepias tuberosa) 6.0% Smooth blue aster (Aster laevis) 2.0% Azure aster (Aster oolentangiensis) 2.0% Partridge pea (Cassia fasiculata) 2.0% Stiff tickseed (Coreopsis palmata) 2.0% Pale purple coneflower (Echinacea pallida) 5.0% Creamy gentian (Gentiana flavida) 1.0% Common ox-eye (Heliopsis helianthoides) 5.0% Round headed bush clover (Lespedeza capitata) 3.0% Rough blazing star (Liatris aspera) 6.0% Dotted blazing star (Liatris punctata) 1.0% Wild lupine (Lupinus perennis) 4.0% Wild Four-O-Clock (Mirabilis nyctaginea) 1.0% Wild bergamot (Monarda fistulosa) 2.0% Showy penstemon (Penstemon grandiflorus) 3.0% White prairie clover (Petalostemum candidum) 12.0% Purple prairie clover (Petalostemum purpureum) 11.0% Yellow coneflower (Ratibida pinnata) 3.0% Black-eyed Susan (Rudbeckia hirta) 9.0% Stiff goldenrod (Solidago rigida) 2.0% Showy goldenrod (Solidago speciosa) 2.0% Prairie spiderwort (Tradescantia bracteata) 2.0% Hoary vervain (Verbena stricta) 5.0% Heart-leaf golden alexanders (Zizia aptera) 1.0% Seeding rate/acre 3 lbs. PLS 5 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 6, 2007 DEPARTMENT/DIVISION: Mary Krause Public Works/Engineering ITEM DESCRIPTION: I.C. 07-5692 Award Contract for 2007 Street Sweeping to Reliakor Services, Inc. ITEM NO.: VII.G. Requested Action Move to: Award contract for 2007 Street Sweeping to Reliakor Services, Inc. in the amount of $32,780.50. Synopsis Sealed bids were received Thursday, March 2, 2006 for the 2006 Street Sweeping. Four bids were received as follows: Reliakor Services, Inc. $32,860.00 ASTECH Corporation $41,530.00 Pearson Brothers $40,260.00 Allied Blacktop $43,170.00 Background Information The schedule for street sweeping in the project specifications indicates a start date of April 9, 2007. This early cleaning of the streets prevents sand and debris that has accumulated from the winter snow removal operations from entering into the City’s wetlands, creeks and lakes. Sweeping of the streets takes approximately 8-10 working days. Funding for the sweeping comes from the Storm Water Utility. Staff recommends award to Reliakor Services, Inc. 1 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: March 6, 2007 DEPARTMENT/DIVISION: Eugene A. Dietz Public Works ITEM DESCRIPTION: Approve Professional Services Amendment with SEH, Inc. for I/I Study. ITEM NO.: VII.H. Requested Action Move to: Approve Professional Services Amendment with Short, Elliott, Hendrickson, Inc. (SEH) to prepare an Inflow/Infiltration (I/I) study and report of the sanitary sewer system (Phase II), for an estimated fee of $285,640. Synopsis The Metropolitan Council Environmental Services (MCES) has mandated that communities identified with excessive amounts of I/I develop a plan for removing it from their system. This Phase II study by SEH, Inc. will further monitor the flows in our sewer system and develop a strategy for compliance with the mandate. Staff recommends approval of the contract for services amendment. Background Information MCES completed a lengthy study of the I/I impacts on the regional sanitary sewer system and treatment plants in October, 2005. A number of communities were identified as having an excessive amount of I/I, which is clear water that may enter the system from ground water sources, sump pumps being directed into the sewer system and/or structural defects in manholes allowing rainwater to enter. The overriding concern of MCES is that the excessive amount of I/I will limit the ability for additional development in the seven-county area, In order to “encourage” municipalities to remove the excessive amount of I/I from their systems, a rate surcharge has been developed and will be applied to cities beginning in 2007. The annual rate surcharge for Eden Prairie has been preliminarily estimated at $276,500. It is in our interest to develop a plan to remove the excessive I/I from the system in order to avoid these penalty surcharges. In 2006, the City took the first step in addressing this issue by authorizing SEH, Inc. to complete an I/I Analysis work plan consisting of flow metering and development of an abatement plan. The work plan was designed to identify areas of the City with the highest potential for contributing I/I and prepare I/I abatement plan to locate and remove it. The work plan was split into phases due to the large number of connections (110) to the MCES interceptor running through Eden Prairie and the cost of monitoring all those connections at one time. The first 2 phase included the required flow monitoring to address the northern areas of the City. Over forty-five monitoring sites were selected at locations connecting the Eden Prairie sanitary sewer system to MCES interceptors. After discussions with City staff, MCES agreed to install flow meters in MCES interceptors to determine if these interceptors were contributing I/I during rainfall events. The MCES paid the cost of installing and monitoring the flow monitoring equipment in their interceptors. The work completed on the Phase I flow monitoring was documented in a draft report dated January, 2007. The Phase II Flow Monitoring will complete the Inflow/Infiltration Analysis and the abatement plan necessary to locate and remove I/I sources. Sixty monitoring locations have been selected to address the southern areas of the City. Once again, MCES will install flow monitoring equipment to check the integrity of their interceptors. Upon completion of the Phase II flow monitoring, a priority list of districts within the City will be identified. SEH will also make recommendations for further investigation work need to find specific sources of I/I. The final Inflow/Infiltration Analysis report will provide documentation where City expenses should be concentrated and the recommended actions to reduce I/I. Attachments • SEH, Inc. Amendment Agreement SEH February 26, 2007 Ed Sorensen Utility Operations Project Manager 8080 Mitchell Road Eden Prairie, MN 55344-4485 Dear Ed: RE: Eden Prairie, Minnesota Amendment to Phase I Phase II Flow Monitoring and • Infiltration/Inflow Analysis Work Plan SEH No. A-EDENP0602.00 BB The completion of the first phase of the .flow monitoring on the northern portion of the Eden Prairie sanitary sewer collection system during 2006 was the necessary first step in identifying and reducing potential infiltration and inflow (I/I). I/I is a critical issue for the City and the Metropolitan Council Environmental Services (MCES) in that it can minimize the capacity of the local sanitary sewer collection system and main trunk interceptors and reduce the effectiveness and efficiency of the wastewater treatment process. In order to complete the I/I Analysis, the City needs to conduct the Phase II Flow Monitoring program and prepare the final study report in order to continue the process of isolating and eliminating specific :E/I sources in the sanitary sewer collection system. Short Elliott Hendrickson Inc.® (SEH) appreciates the opportunity to submit this Amendment to the City of Eden Prairie for engineering services for the Phase II Flow Monitoring and I/I .Analysis Work Plan tO reduce Id from the Eden Prairie wastewater collection system. This amendment is an extension of our Standard Agreement with the City of Eden Prairie. As we have discussed, upon completion of the Phase II monitoring we will complete the remaining tasks of the I/I abatement plan with recommendations for future I/I removal and source rehabilitation. Purpose and Objectives The purpose of this Work Plan is to identify the scope of services necessary to complete the second phase of the flow monitoring program on the southern sewer districts for the City. This Work Plan will accomplish several things. First, it will complete the flow monitoring program begun last year to isolate Ill by specific areas of the City. Second, it will determine if the MCES interceptor is contributing to the inflow quantities measured through the City of Eden Prairie. Third, it will prioritize sewer districts for future study. And, most importantly, it will assist in the development of an I/I abatement plan with recommendations for future Ill investigation and rehabilitation activities. The main objective of this Work Plan will be to help identify areas of the City that are contributing significant amounts of peak I/I flows and, to identify the best method to mitigate those sources of peak I/I flow so that the City can avoid MCES wastewater surcharges. Short Elliot. Hendric kson Inc., r Pa MN 55110-5196 ,-,71 ,1•••1 1 • ! Mr. Ed Sorenson February 26, 2007 Page 2 Work Scope The attached Work Plan identifies the scepe of work for completing the Phase II Flow Monitoring Program. The work scope will consist of sanitary sewer flow monitoring and groundwater monitoring in the southern sewer districts, documentation and analysis of the current flow monitoring results and recommendations on future work tasks to identify and remove inflow sources. Short Elliott Hendrickson Inc. (SEH) will provide the City with a final report that summarizes results from groundwater and flow monitoring data collected from both phases of monitoring along with an implementation plan and recommendations for future actions. The work scope is as follows: Task 1.0 — Perform Field Reconnaissance SEH will meet with MCES staff and collect all pumping records from the permanent meter locations used by MCES to determine the City of Eden Prairie's wastewater invoices. SEH will review all MCES calculations for accuracy which are used to calculate the volume of I/I generated in Eden Prairie. During flow monitoring of the Eden Prairie sanitary collection system, SEH staff will request additional MCES flow data to coordinate results from the portable meter locations. SEFI also proposes to coordinate meetings between City staff and MCES staff to discuss MCES data and the condition of MCES interceptors. SEH field crews will inspect potential flow meter manhole locations to determine if they are acceptable places for obtaining quality wastewater flow results. Field crews will evaluate alternative manhole locations if preliminary sites are unsuitable for flow monitoring. Task 2.0 — Perform Flow Monitoring Based on the results of Task I, SEH will install, as necessary, a continuously recording rain gauge within the study area to provide precipitation data. As part of the monitoring program, SEII will perform the following tasks: • As depicted in the attached sewer district schematic, SEH will install and monitor 60 Ise° Model 2150 portable flow meters in the Phase II area during the spring and summer months to isolate I/I in the southern portion of the City. The Isco flow meters record depth and velocity measurements from a pressure transducer mounted at the invert of the pipe where the flow is to be determined. • SEH will install as an option Ise° Model 2150 portable flow meters in the Phase I area to provide more data on suspect areas with high potential for I/I. The City of Eden Prairie will provide the equipment for the installations and maintain ownership at the completion of the project. • Each meter location will be checked at a minimum of every two weeks to determine if the units are functioning properly and to assure that the flow conditions are consistent with the original installation. During routine maintenance, each flow meter will be interrogated with the Isco Field Wizard Model 2101 to collect the latest flow data for review and analysis. • To evaluate the potential relationship between groundwater, I/I and depth of groundwater to sanitary sewer elevation, SEH will hire a drilling subconsultant to install three piezometers to monitor groundwater elevations around the City. During the routine meter maintenance, field staff will take water level readings from the piezometers for later evaluation. • SEH crews will continue to monitor the groundwater levels from the piezometers installed in 2006. Mr. Ed Sorenson February 26, 2007 Page 3 • Any additional flow monitoring beyond the five month metering period will not be completed without written authorization from the City of Eden Prairie. Near the end of the five month metering period, SEH will meet with City staff and review the flow monitoring data to determine if an adequate number of significant rainfall events have been recorded in 2007. The City may want to extend the monitoring period depending on the ability of the initial flow monitoring to capture significant storm events. A decision will be made before any equipment is removed. Task 3.0 — Flow Monitoring Analysis and Results SEH will take all the flow monitoring data collected under Task 2.0 and, using Isco Flowlink software, determine the amounts of PI entering each contributory sewer district isolated by the portable flow meters. For each sewer district, SEH will determine the following: • Normal dry weather wastewater flow by area. • I/I contribution from each sewer district by determining the amount of I/I generated by inch of rainfall. To accomplish this, a significant number of rainfall events will be required to determine I/I volume and to correlate this value with rainfall intensity. By statistically calculating a number of rainfall events it will be easier to develop an I/I baseline value to use in .determining future I/I abatement measures. Unfortunately, individual storm events can and frequently do produce different results. • Present flow monitoring results by sewer district. • Annual amount of sanitary sewer flow into the City's system from neighboring communities. Task 4.0 — Develop I/I Abatement Plan (Phase I and II Monitoring) SEH will provide a recommended course of action to cost-effectively eliminate I/I from the wastewater collection system based on the Phase I and II flow monitoring results to include: • Discussion of the work tasks. • A map delineating areas with high I/I potential by priority. • Establish a "baseline" to measure the effectiveness of the abatement plan. Identify future investigative measures to identify and eliminate future I/I sources. • Review funding methods for plan implementation. • Analyze major PI sources and estimate volumes that could potentially be contributed from each source. • Discuss maintenance measures to reduce I/I, including a discussion of the effectiveness and estimated costs of performing each measure. • Prepare recommendations for an PI abatement program that will help the City and MCES manage clear water entering the sanitary collection and interceptor sewer system. Task 5.0 — Draft/Final Report Review SEH will document and summarize the results of the tasks completed under this work scope and present two draft report copies of our findings prior to finishing the project. We will meet with staff to discuss our findings and, upon receipt of the City's comments, incorporate the appropriate revisions into the final draft. We will provide one electronic version and 12 hard copies of the final draft report. Mr. Ed Sorenson February 26, 2007 Page 4 Schedule SEH has prepared a preliminary schedule based on an anticipated project award date of March 6, 2007. The attached project schedule provides specific milestones for'completion of individual tasks and project coordination with City staff. Notice to Proceed March 6, 2007 MCES Data Review March 6 — 20, 2007 Field Reconnaissance March 13 — 20, 2007 Flow Meter Installation March 20 — 27, 2007 Groundwater .Piezometer Installation March 20 — 27, 2007 Flow Monitoring Data Collection March 20 — August 24, 2007 Flow Meter Removal* August 24 — 30, 2007 Flow Monitoring Analysis* July I — September 21, 2007 Develop I/I Abatement Plan* September 14 — October 5, 2007 Draft/Review Final Report* October 5 — November 2, 2007 *Dates may change depending on the flow monitoring results from the five month metering period. Project Cost The estimated project cost for completion of all tasks listed in the work scope related to the completion of the Phase II flow monitoring and completion of the Ill plan abatement is provided in the attached spreadsheet. Taking into account the cost savings by not completing the 1/i abatement plan • for Phase I and incorporating the work into the final document, the cost increase for the amendment is determined as follows: ,Original Phase I Project Cost $223,000 Phase I Project as of March I, 2007 203,000 Remaining Budget . $ 20,000 Estimated Phase II Project Cost (attached spreadsheet $305,640 Remaining Phase 1 Budget -20,000 Amendment for Phase II $285,640 Our estimate is based on the following assumptions: • City will locate, provide access, and access equipment to all manholes as needed. • City will make available, in a timely manner, all records and pertinent information including archival records, video tapes and television logs of sewer pipe, domestic water consumption records, and lift station pumping records, • City will perform collection system cleaning as needed to support the investigation tasks listed in the work scope. i f i 0 - Mr. Ed Sorenson February 26, 2007 Page 5 Project invoices would be prepared monthly along with a progress report identifying the work completed each month and an update on the project schedule. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Kirby Van Note, PE Alva Rankin Project Manager I/I Program Leader Attachment Accepted this day of , 2007 CITY OF EDEN PRAIRIE, MINNESOTA By: Title: By: 'Title: Infiltration/Inflow Study Flow Monitoring (Phase II) City of Eden Prairie, Minnesota Project Cost Estimate Client Service Manager Project Manager I/I Specialist Project Engineer Field Technician GIS Technician CADD Technician Admin. Tech Total labor Task Labor Hours 1.0 Perform Field Reconnaissance (Phase!! Monitoring) 2 6 2 8 16 $3,900 2.0 Perform Flow Monitoring 2.1 Order Equipment/Prep for Installation 2 20 $1,940 2.2 Coordinate with MCES on Metering 4 2.3 Field Install Monitoring Equipment 4 12 104 $10,440 2.4 Meter Maintenance - Biweekly 4 48 258 $27,080 2.5 Remove Flow Meters 16 126 2 $12,130 2.6 Recon Groundwater Monitoring Well Site Locations 2 8 2 $1,110 2.7 Obtain Bid Quotes and Perform Oversight 20 $1,600 3.0 Flow Monitoring Analysis and Results 10 2 160 8 2 4 $22,230 4.0 Develop I/I Abatement Plan (Phase! & II Monitoring) 4 12 6 80 4 4 8 -- $14,356 5.0 Draft/Final Report Review 4 12 6 24 8 2 4 $7,530 Labor Hours Subtotal 10 56 16 348 568 4 12 16 $102,316 Total Labor Costs Project Reimbursible Expenses 1, Lease equipment Portable Flow Meters (60 meters for 5 months @ $650/mo. per unit) Rain gauge (5 months @ $200/mo.unit per unit) 2. Drilling Subconsultant (3 wells - 30 feet each @ $45/ft) 3. Mileage (26 trips - 120 miftrip @ $.485/mi.) 4. Supplies - Batteries, meter hangers, etc. 5. Report production Total Reimbursible Expenses Total Ill Project Costs EIDENPRAIRIECost Estimate $195,000 $1,000 $4,050 $1,510 $1,400 $364 $203,324 $305,640 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: March 6, 2007 DEPARTMENT/DIVISION: Leslie Stovring Public Works / Environmental ITEM DESCRIPTION: Conservation Commission 2006 Annual Report and 2007 Work Plan ITEM NO.: VII.I. Requested Action Move to: Receive the 2006 Annual Report and Approve the 2007 Work Plan for the Conservation Commission. Synopsis The Conservation Commission started in April 2006. The Annual Report and Work Plan were developed by the Commission in order to provide guidance to the first year’s activities. The work plan covers environmental protection, conservation efforts and natural resource management. Conservation, recycling programs, air and water pollution reduction, walkable community promotion and evaluation of ways to reduce greenhouse gas emissions are all part of the Commission’s work plan. Background Information The Conservation Commission was established in October 2005 and held their first meeting on April 11, 2006. Some of the key accomplishments for 2006 included: • Working with the Eden Prairie School District to incorporate Project Green Fleet into the school bus program to reduce diesel emissions • Staffing Commission information booths at the Pax Christi Global Warming Seminar and the Environmental Fair • Holding a public meeting to introduce the Hennepin Village Roadway Alternatives Environmental Assessment Worksheet (EAW) • Providing public meetings on rainwater garden, green roof design and the use of wind energy in Minnesota (WindSource) • Developing articles on energy conservation and water quality protection for the Fall Environmental Times utility bill insert • Developing the Commendation for Conservation program for residents, students, associations and businesses within Eden Prairie Some key activities being explored for 2007 include: • Review and comment the Hennepin Village Roadway Alternative Analysis EAW • Review and comment on the newly completed Goose Management Plan • Review educational needs of the Environmental Learning Center • Develop ideas for wellhead protection, such as public service announcements, educational materials or grant programs for closure of private wells and/or septic systems in highly sensitive wellhead protection areas • Review green building code related ordinances and policies to start development of policies, goals or ordinances for the City • Hold a public meeting for the City’s Storm Water Pollution Prevention Plan (SWPPP) • Work with staff to develop ideas on how to meet the City’s Nondegradation Plan requirements for the SWPPP • Review the 20-40-15 Initiative results and develop ideas to educate staff and residents on the initiative Attachments • Attachment I – Conservation Commission 2006 Annual Report / 2007 Work Plan CITY OF EDEN PRAIRIE CITIZEN ADVISORY CONSERVATION COMMISSION 2006 ANNUAL REPORT & 2007 WORK PLAN Conservation Commission 2006 Annual Report 2007 Work Plan Page 2 of 7 2006 ANNUAL REPORT I. INTRODUCTION The Conservation Commission (CC) was established in October 2005 and had their first meeting on April 11, 2006. A Draft Work Plan was prepared to help guide the first year’s activities for the CC. The CC was established “to advance and support the health and development of the citizens and natural environment of Eden Prairie through comprehensive environmental protection, conservation efforts, and natural resource management” through actions such as recommending best practices for energy conservation; encouraging residential and business recycling programs; encouraging reduction in municipal solid waste; encouraging reductions in air and water pollution; promoting health for citizens by encouraging a community designed for walking, exercise and recreation; and promoting establishment of targets for reduction of greenhouse gas emissions. II. MEMBERSHIP There were six members on the Conservation Commission (CC) appointed in 2006 for three-year terms by the City Council. The Chair and Vice-Chair are selected annually. There were also three student representatives in 2006. Commission members for 2006 were: Members Member Since Term Expires 1 Eapen Chacko, Chair 4/2006 3/31/2009 2 Jan Mosman, Vice-Chair 4/2006 3/31/2009 3 Ray Daniels 4/2006 3/31/2008 4 Rita Krocak 4/2006 3/31/2008 5 Geneva MacMillan 4/2006 3/31/2008 6 David Seymour 4/2006 3/31/2009 7 Lauren Mosman, student 9/2006 4/31/2007 8 Jennifer Brown, student 9/2006 12/31/2006 9 Casey Russell, student 9/2006 12/31/2006 10 Alesia Casanova, student 1/2007 4/31/2007 11 Mark Muston, student 1/2007 4/31/2007 The CC serves in an advisory capacity to the City Council. CC regular meetings were scheduled for the second Tuesday of each month at 7:00 PM. In 2006, CC held nine (9) meetings. Some of the members also attended special events such as the Eden Prairie School District Science Fair, the Annual City Cleanup, the Pax Christi Global Warming Seminar and a presentation on recycling for the League of Women Voters. III. ACCOMPLISHMENTS A. Energy Conservation for Citizens and Businesses In 2006, the CC reviewed and began work on a number of energy conservation measures, including: Conservation Commission 2006 Annual Report 2007 Work Plan Page 3 of 7 PROJECTS ITEMS LEED Certification / Green Building The Chairman attended a meeting with Liberty Property Trust to learn more about what they are doing for LEED Certification and a green building model and how this could be encouraged at other businesses locally. Green Roof Design Hosted a speaker from Kestrel Design Group to discuss green roof construction and energy conservation benefits. The meeting was open to the public and an article was published in the Sun Current. Wind Energy Hosted a speaker from Xcel Energy to learn more about the WindSource program and how residents and businesses could participate. The meeting was open to the public and an article was published in the City’s Environmental Times. Environmental Champion Award Began drafting an “Environmental Champion Award” program to recognize residents, students, associations or businesses who are implementing energy conservation measures or natural resource improvement projects. B. Energy Conservation in City Government Operations The CC worked with Parks and Recreation Department staff to add a green roof option to the bid package for the Community Center expansion, both as a demonstration project and as a measure to increase energy efficiency within the expansion area. The Facility Manager met with commissioners to discuss items such as reducing idling times in city vehicles, increasing energy efficiency in city operations, increasing use of biodiesel in fleet vehicles, retrofitting City buildings with green roof areas and other items. In addition, the City began the 20-40-15 Initiative for energy conservation in City facilities and equipment for which the CC will serve as a review and advisory body. The 20-40-15 Initiative includes increasing energy efficiency by 20% in facilities and 40% in fleet vehicles and equipment by 2015. C. Comprehensive Residential and Business Recycling Program / Municipal Solid Waste (MSW) Reduction and Management The City’s recycling program continues to provide education to help residents and businesses recycle, reduce waste, prevent pollution, manage yard waste and conserve resources. In March the CC will receive the annual report for the City’s 2006 recycling program to provide baseline figures on the current recycling program. Commissioners met with Park Maintenance staff to discuss recycling opportunities within the park system or at park events. It was decided that the CC would start with two or three key events in 2007 to promote and educate residents on recycling, including the 4th of July event and Schooner Days. The Coordinator will be looking into purchasing containers for these events. Staff is currently evaluating modifying the solid waste and recycling ordinance to include requirements for multi-family dwelling recycling programs as well as updating the list of materials which must be recycled in accordance with County guidelines. D. Reduction of Air and Water Pollution / Environmental Review The CC provides support to a variety of local water planning efforts, including the Phase II Storm Water Pollution Prevention Plan (SWPPP), the Local Water Management Plan (LWMP), the Wellhead Protection Plan (WHPP) and the Inflow / Infiltration (I/I) Plan. Commissioners have also contacted a number of local agencies and programs to determine areas where they could be of assistance in reaching their goals for air and water pollution reduction. Projects completed in 2006 included: Conservation Commission 2006 Annual Report 2007 Work Plan Page 4 of 7 PROJECTS ITEMS Project Green Fleet CC opened discussions between Project Green Fleet and the Eden Prairie School District to retrofit older diesel buses with filtering systems to reduce air emissions. Bill Droessler from Clean Air Minnesota gave a presentation on Project Green Fleet on July 25, 2006. Representatives from the School District Transportation Department also attended. The project proposal was presented to the School Board and they subsequently received an $85,000 grant to retrofit buses. Articles about the project were printed in the Eden Prairie News and the Environmental Times (Winter 2006). The project was noted by national organizations such as Sierra Club as a beneficial program for Eden Prairie. Pax Christi Global Warming Seminar Booth Showed the “Rubber Ducky” video and distributed environmental education materials at the Seminar. The “Rubber Ducky” video was produced in collaboration with the Let’s Keep It Clean program that the City participates in. It focuses on stormwater and how we need to keep our streets clean to keep our lakes clean. Environmental Fair Participated in the 2006 Eden Prairie School District Science Fair by providing educational information on environmental topics. Also worked with the District to provide speakers and exhibits on topics such as energy conservation, native plant landscaping and stormwater management for the January 20, 2007 Science Fair. Prospect Road EAW An Informational Meeting was held Nov. 14, 2006 for the Environmental Assessment Worksheet (EAW) being prepared for the roadway alternative analysis for the Hennepin Village project. Diane Spector from Wenck Associates, Inc. presented information on what the EAW process was and what alternatives were being evaluated. A number of interested residents attended the meeting and posed questions to Wenck and the Commission. The meeting was intended to provide the CC and residents an opportunity to learn about the process prior to moving to full consideration of the EAW by the Planning Commission and City Council. Rainwater Garden Presentation David Seymour gave a presentation on the uses and benefits of rainwater gardens on May 9, 2006. Discussion included the Smith Douglas More House and the new Fire Station rain garden projects. The Commission also worked with Barr Engineering in reviewing the signage developed for the Smith Douglas More House which included an educational piece for rainwater gardens. The CC will be evaluating city properties to determine if there are areas where a rainwater garden demonstration project could be built. Environmental Times (Winter 2006) Developed articles on use of salt for winter ice removal, Project Green Fleet, wind energy, and green roof technology. The Environmental Times is sent out as a utility bill insert in the Spring and/or Fall of each year. E. Encouraging a Community Designed for Walking, Exercise and Recreation The CC had not begun work on this goal in 2006. The Park and Recreation Department was contacted to provide a copy of the Park and Open Space System Plan to review in 2007 and determine how the CC could work with the Parks, Recreation and Natural Resources Commission to forward this initiative. F. Promote Establishment of Targets for Reduction of Greenhouse Gas Emissions in Eden Prairie The CC had not begun work on this goal in 2006. The CC has contacted Hennepin County to initiate discussion on how the City could work with and promote existing county programs for greenhouse gas reduction and energy conservation. The CC also reviewed the City of Duluth Greenhouse Gas Reduction Program to evaluate what could be adapted by the City of Eden Prairie. Conservation Commission 2006 Annual Report 2007 Work Plan Page 5 of 7 2007 ANNUAL PLAN A. Energy Conservation for Citizens and Businesses The Conservation Commission (CC) will be looking at a number of initiatives within this area including: • Participation and promotion of the “Change a Light Bulb” campaign for the City • Evaluation of green building codes being used in other City’s within the metropolitan area and the role of incentives for encouraging green building • Evaluation of the ability to construct a green roof system at a public facility • Explore opportunities for holding a workshop to provide information on how homeowners can incorporate energy conservation measures into their home • Develop communication pieces to educate residents on energy conservation, including articles for the Environmental Times for the Spring or Fall issue on energy conservation. B. Energy Conservation in City Government Operations The CC will review the newly adopted 20-40-15 Initiative to determine how best they could support this initiative. This will include working with Fleet Services to determine what role flex fuel vehicles could play in helping to achieve the 40% energy efficiency increase by the City’s fleet vehicles. C. Comprehensive Residential and Business Recycling Program / Municipal Solid Waste (MSW) Reduction and Management The CC will continue to receive updated information on the City’s recycling and solid waste program through an annual report in March. Proposed measures for 2007 include: • Complete the proposed revisions to the recycling and solid waste management code section to establish standards for multi-family recycling as well as broadened requirements for single-family residential recycling. • Develop an educational piece for distribution to multi-family complexes and their residents on the new requirements. • Develop an article for the Fall Environmental Times to coincide with the annual recycling rebate, including items such as plastics or paper recycling which are two primary areas of confusion. • Staff the City-wide clean up and provide educational materials to residents who come to the clean up • Provide recycling opportunities at key City events D. Reduction of Air and Water Pollution / Environmental Review The CC is the designated review body for the Phase II Storm Water Permit Program , including the Storm Water Pollution Prevention Plan (SWPPP) and Phase II Non-degradation Report which is due in 2007. CC will continue to participate in implementation of Storm Water Pollution Prevention Plan (SWPPP) as well as the Local Water Management Plan (LWMP) and Wellhead Protection Plan (WHPP). The CC will be kept informed on projects, such as: • Assist in reviewing comments received during the public information meeting required for the Annual Report and the Non-degradation Report. The Annual Report will be submitted to the City Council in May for review and approval. The Non-degradation Report must be completed and submitted to the Minnesota Pollution Control Agency (MPCA) by September 1, 2007. • Provide review of the Prospect Road Environmental Assessment Worksheet (EAW). Conservation Commission 2006 Annual Report 2007 Work Plan Page 6 of 7 • Staff the Environmental Fair on January 20, 2007 and review results to determine what the next environmental event might be. • Review the Draft Goose Management Plan completed by Canada Goose Management in December 2006 and develop recommendations for the City Council to adopt in 2007. • Develop public service announcements, education materials or programs on items such as stormwater treatment, wellhead protection, shoreline restoration, storm drain stenciling, alternative landscaping, phosphorus free fertilizer or aquatic plant management. • Develop Neighborhood Notes brochures to inform residents of current Watershed District projects such as Riley Lake, Bryant Lake, Anderson Lakes or Birch Island Lakes similar to what was done for Round Lake in 2004. • Work with staff to better understand how the City can fulfill its regulatory obligations to the watershed districts, the Minnesota Pollution Control Agency and Hennepin County and how they will impact local resources. E. Encouraging a Community Designed for Walking, Exercise and Recreation CC will work with the Parks, Recreation and Natural Resource Commission to determine where the Commission can assist in improving the walkable community aspect for Eden Prairie. F. Promote Establishment of Targets for Reduction of Greenhouse Gas Emissions in Eden Prairie The CC will consider a public educational event to follow the presentations given by Will Steger and Paul Douglas in 2006 on greenhouse gas emissions and climate change. Speakers could include David Tillman, Ph.D. or Peter Wyckhoff, Ph.D. from the University of Minnesota, both leading researchers in this field. Conservation Commission 2006 Annual Report 2007 Work Plan Page 7 of 7 2007 CC Meeting Schedule / Presentations / Events / Major Topics Month Key Topics / Issues January • Review and adopt 2006 Annual Report and 2007 Annual Plan, memo • Review Draft EAW for Prospect Road • Environmental Fair • Review U.S. Mayors Climate Protection Agreement February • EPA Phase II Stormwater Permit - Loading Assessment Report Update (speaker) • 20-40-15 Initiative review and evaluation • Environmental Times articles for Spring edition due • Stormwater infiltration / porous pavement presentation to the Planning Commission March • EPA Phase II Public Meeting (to be held prior to CC meeting time from 6 to 7 p.m.) • Goose Management Plan review • Recycling Report review • Presentation on Round Lake water quality improvement project to the Watershed District • Chamber of Commerce Yard & Garden Expo (potential exhibit?) April • Goose Management Plan review (speaker?) • Develop survey idea for teachers who have visited the Environmental Learning Center • Start developing ideas for a multi-media message or public service announcement for the wellhead protection and stormwater permit programs (speaker?) • Evaluate idea for a Fall Trail Walk event (Purgatory Creek Recreation Area?) • “Change a Light Bulb” campaign launch • Park Clean Up Event May • Develop ideas to implement a rebate program for well abandonment and septic system removal within wellhead protection areas (speaker?) • Review existing walkable community and green building code related ordinances and policies in coordination with review of the U.S. Mayors Climate Protection Agreement • Presentation of the SWPPP and Annual Report to the City Council • Prepare “Neighborhood Notes” for Anderson Lakes, Birch Island Lake and Bryant Lake? June • EPA Phase II: Non-degradation Report Presentation (speaker) - Public Meeting • City Clean Up • Shoreland Restoration / Raingarden workshop for residents? July • Review results of annual clean up • Review recommendations and assist Staff in developing measures to meet the Non- degradation Report requirements • Staff Report on 20-40-15 Initiative Status • 20-40-15 Initiative – develop community and employee education ideas • July 4th – Recycling Promotion at event August • Environmental Times articles due for Fall Edition • Review recommendations and assist Staff in developing measures to meet the Non- degradation Report requirements • Complete and submit Non-degradation Report to the Pollution Control Agency by 9/1/07 September • Metro Children’s Water Festival • Fall Trail Walk event? (to emphasize walkable community) October • Develop educational brochure on private parking lot and street sweeping for stormwater permit program November • Round Lake Status Report (speaker – Steve McComas, Blue Water Science) December • Work on 2007 Annual Report and 2008 Work Plan • Plan for 2008 Environmental Fair CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 6, 2007 DEPARTMENT/DIVISION: Rodney Rue Public Works / Engineering ITEM DESCRIPTION: I.C. 02-5586 Approve Plans and Specifications and Order Advertisement for Bids for the Reconstruction of Valley View Road (from Flying Cloud Drive to Golden Triangle Drive). ITEM NO.: VII.J. Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for I.C. 02-5586, Valley View Road from Flying Cloud Drive to Golden Triangle Drive. Synopsis With assistance from SE H, Inc., the Engineering Division has prepared plans and specifications for the reconstruction of Valley View Road, from Flying Cloud Drive to approximately 1500 feet north of Flying Cloud Drive. Due to the limited construction area and installation of a new creek crossing, this section of roadway will be closed from approximately June to October of this year. A detour route for this closure will be provided. It is anticipated that this project will be bid on or after April 5, 2007. The project is expected to be substantially completed this year. The estimated construction cost is $1.47 million, with the project being financed with State Aid funds. Background Information This existing roadway is a rural section with a structurally-deficient creek crossing that causes frequent flooding of the roadway. The construction project will upgrade the roadway to an urban two-lane section with a new creek crossing. The project will include a new trail section linking two current trail ends, as well as provide a missing section of trunk watermain. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS VALLEY VIEW ROAD FROM FLYING CLOUD DRIVE TO GOLDEN TRIANGLE DRIVE I.C. 02-5586 WHEREAS, the City Engineer, with the assistance of S E H, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 02-5586 – Valley View Road from Flying Cloud Drive to Golden Triangle Drive and has presented such plans and specification to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer’s Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City County meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on March 6, 2007. __________________________ Philip Young, Mayor ATTEST: SEAL ______________________________ Kathleen Porta, City Clerk Requested Action: Move to: ƒ Adopt Resolution calling for a public hearing June 5, 2007, to consider establishing a new Tax Increment Financing Housing District for Presbyterian Homes Redevelopment Project. Synopsis: The purpose of establishing a Tax Increment District is to help provide affordable and workforce housing in the proposed redevelopment of the site on Prairie Center Drive currently occupied by Broadmoor Apartments and Castle Ridge Care Center. 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: Presbyterian Homes is seeking Tax Increment Financing in support of the redevelopment of the site located generally at the Northwest corner of Prairie Center Drive and County Highway 212. The site is currently occupied by the Broadmoor apartments and Castleridge Care Center. The redevelopment project will consist of a mixed-use development of housing and retail. The housing component will include senior housing for independent living, assisted living, memory care-assisted living, and nursing home units. Further, the plan includes a for-sale housing component not intended to be age restricted. Two other buildings will consist of retail on the ground level with 3 stories of housing above designed as work force affordable housing. Total housing units currently shown in plan will be up to 716. The total retail square footage currently planned is 70,000 square feet in 8 separate buildings including the two work force housing buildings. The commercial element of the plan also includes the 4.8-acre property the City is selling Presbyterian Homes at the corner of Prairie Center Drive and Columbine Drive, as well as a property owned by Larry Mikan and Jack Letinen located at the corner of Prairie Center Drive and TH212. TIF is being sought in the form of Redevelopment or Housing TIF or a combination of both. It is anticipated that this will meet the unit affordable set-aside requirement using the 20% of units at 50% of median income test. This would result in a set aside formula of 716 total units, less 80 exempt care center beds, or 636 total units times 20% equals 127 total affordable set-aside units. The project is intended to be phased with the senior community being the first phase. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 6, 2007 DEPARTMENT/DIVISION: Community Development: Janet Jeremiah/Molly Koivumaki ITEM DESCRIPTION: Resolution Calling for Public Hearing to consider establishing a Tax Increment Financing (TIF) Housing District for the Presbyterian Homes Redevelopment Project ITEM NO. VII.K. 20% Affordable Phase 1: Housing Set-a Side Commercial Care Center beds 80 Memory care units 27 5 Assisted living 58 12 Independent living units 211 42 One retail building 13,000 SF Subtotal 376 59 13,000 SF Phase 2: For sale housing (not age restricted) 265 units 53 Retail under housing 21,000 SF Work force housing over retail 75 15 Retail – 5 buildings 36,000 SF Subtotal 340 68 57,000 SF Grand Totals 716 127 70,000 SF Total estimated project value is $190 to $225 million. Attachments: Resolution Project Area Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2007- RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5, THE PROPOSED ESTABLISHMENT OF THE PRESBYTERIAN HOMES TAX INCREMENT FINANCING (QUALIFIED HOUSING) DISTRICT NO. 22 THEREIN, AND THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on June 5, 2007, at approximately 7:00 P.M., to hold a public hearing on the proposed modification to the Redevelopment Plan for Redevelopment Project Area No. 5, the proposed establishment of the Presbyterian Homes Tax Increment Financing (Qualified Housing) District No. 22, therein, and the proposed adoption of a Tax Increment Financing Plan therefor; all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of Redevelopment Plan, and TIF Plan. City staff is authorized and directed to work with Springsted, Inc., to prepare a modification to the Redevelopment Plan for Redevelopment Project Area No. 5, a Tax Increment Financing Plan for the Presbyterian Homes Tax Increment Financing District No. 22 and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 272. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 5, 2007, and to place a copy of the modification to the Redevelopment Plan and TIF Plan, on file in the City Clerk's office at City Hall and to make such copy available for inspection by the public. ADOPTED by the City Council of the City of Eden Prairie this 6th day of March, 2007. _______________________ Phil Young, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk EXHIBIT A NOTICE OF PUBLIC HEARING ON THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 , THE PROPOSED ESTABLISHMENT OF THE PRESBYTERIAN HOMES TAX INCREMENT FINANCING (QUALIFIED HOUSING) DISTRICT NO. 22 THEREIN, AND THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie will hold a public hearing on approval of the proposed modification to the Redevelopment Plan for Redevelopment Project Area No. 5, the proposed establishment of the Presbyterian Homes Tax Increment Financing (Qualified Housing) District No. 22, therein and the proposed adoption of a Tax Increment Financing Plan therefore at 7:00 p.m. on Tuesday, June 5, 2007, in the City Council Chambers, 8080 Mitchell Road, Eden Prairie, Minnesota. The Financing Plan provides for the financing with tax increment revenue generated by the Financing District established by the Financing Plan of certain public costs to be incurred by the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) or the City in connection with carrying out the Plan. Accompanying this notice is a map of a portion of the City. The map shows the area encompassed by 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. It also represents the site area of the proposed Presbyterian Homes development. All who wish to be heard as to the proposed modification of the Redevelopment Plan for Redevelopment Project Area No. 5 or the 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 City Clerk prior to the public hearing. Kathleen A. Porta, City Clerk Tax Increment Financing District #22 Presbyterian Homes Redevelopment Tax Increment Financing Project Area #5 ARCHITECTURAL CONSORTIUM L.L.C. 901 North Third Street, Suite 220 612-436-4030 Minneapolis, MN 55401 Fax 612-692-9960 Mark Revision / Issue Date I hereby certify that this plan, specification, or report Cat prepared by me or under rry direst supervision, and that I am a duly Licensed Architect under the lairs at the State at Mirnesate. Printed Nom: Kathy L. Anderson Signoture: Dote, License si EDEN PRAIRIE HAGE EDEN PRAIRIE, MN SITE PLAN SCALE: 1" = 60'-0" PROJECT NUSAISER: 06-1093-01 ISSUED DATE: 2-IS-07 DRAWN DT% 130 CHECKED DT': KA A1 -D Architectural Consortium, L.L.C. 2007 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 03/06/07 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Regina Herron ITEM DESCRIPTION: Associated Bank ITEM NO.: VIII.A. Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to Commercial Regional Service on 1.25 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The proposed plan shows a 4,600 square foot Bank with drive-thru. The 120-Day Review Period Expires on May 21, 2007. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the February 12, 2007 meeting subject to further investigation as to whether cash park fees should be paid on this property. Cash park fees are required to be paid at time of building permit. Attachments 1. Staff Report dated February 9, 2007. 2. Location Map 3. Land Use & Zoning Maps 4. Planning Commission Minutes dated February 12, 2007. Associated Banc-Corp March 6, 2007 Regina Herron City Planner Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Regina: Associated Bank Corp. would like to withdraw their site plan and building plan review submittal from the city planning review process; located at the intersections of Valley View Road and Prairie Center Drive. We apologize for any inconveniences. Garry Dietrich — Senior Vice President Director of Internal Services 206 N. Wisconsin St. • DePere, WI 54115 • Phone: 920-338-7880 • Fax: 920-338-7767 STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II DATE: February 9, 2007 PROJECT: Associated Bank LOCATION: South East corner of Valley View Road and Prairie Center Drive APPLICANT: HTG Architects OWNERS: Walter and Elsa Carpenter Charitable Remainder Trust The Minneapolis Foundation 120 DAY REVIEW: Expires May 21, 2007 REQUEST: 1. Zoning District Change from Rural to Commercial Regional Service on 1.25 acres 2. Site Plan Review on 1.25 acres Staff Report – Associated Bank February 9, 2007 Page 2 BACKGROUND The Comprehensive Guide Plan shows the 1.25 acre property for Regional Commercial land use. Surrounding land uses consist of Regional Commercial and Office. The property is zoned Rural. MAJOR CENTER AREA STUDY The property is located in Subarea 1 of The Major Center Area Study. Subarea 1 is located north of Highway 5 and west of I-494. The land use assumptions for this area are corporate office (.50 FAR), neighborhood office (.30 FAR), neighborhood retail (.14-.15 FAR) and big box retail (.35 FAR). The bank is an appropriate use in a neighborhood retail area of Subarea 1. The low site coverage, .08 FAR, is also consistent with the MCA land use approach to discourage high intensity use outside the Town Center area that would compete with the critical mass of retail and housing needed to create the Town Center. A bank and drive through is appropriate for the site. It would not be appropriate in the Town Center Area since auto–dependant uses, such as drive up or drive through facilities would create safety conflicts on the walkable environment SITE PLAN The site has a base area/floor area ratio of 0.08. City code permits up to a 0.20 base area ratio and a 0.40 floor area ratio in the Commercial Regional Service zoning district. The building meets the required setbacks. The code requires 28 parking spaces. The proposed plan shows 27 spaces and 2 proof of parking spaces. A cross-access easement is required for the shared driveway and access to the neighboring property owners to the south and east. LANDSCAPING AND TREE REPLACEMENT There are 206 significant trees on the property. Tree loss is 34 inches, resulting in 7.46 caliper inches of tree replacement. The landscaping requirement is 14.38 caliper inches based on the building size. A total of 24.5 caliper inches are provided meeting code. Staff Report – Associated Bank February 9, 2007 Page 3 GRADING AND DRAINAGE Stormwater will be treated on site to NURP standards. Three rain water garden infiltration basins are provided along the south and north property lines. ARCHITECTURE The building meets the exterior building material standards of at least 75% face brick, natural stone, and glass. SIGNS City code permits one 80 square foot free standing sign. The maximum wall sign size permitted is 100 square feet for the south elevation. The plan shows 182 square feet. The plan should be revised to meet code. SITE LIGHTING Parking lot lighting is downcast-cutoff fixtures on 25-foot poles. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Zoning District Change from Rural to Commercial Regional Service on 1.25 acres 2. Site Plan Review on 1.25 acres This is based on plans stamp dated February 8, 2007, and the following conditions: 1. Prior to City Council Review, the proponent shall: A. Revise the wall sign to meet city code. 2. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control at the grading limits. 3. Prior to building permit issuance for the property, the proponent shall: Staff Report – Associated Bank February 9, 2007 Page 4 A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping plan for 24.5 caliper inches for review and approval. B. Review the plans with the Fire Marshal C. Provide a Cross-Access Easement for review and approval. D. Provide samples of exterior materials for review and approval. Area Location Map - Associated Bank Address: SE Corner of Valley View Road and Prairie Center Drive Valley View Road Plaza Drive 1 Prairie Center Drive Zoning Map Associated Bank SE Corner of Valley View Road and Prairie Center Drive Rural One Family - 10 acre min. Highway Commerdal Shoreland Management Classifications Ri-44 One Family - 44.000 st. ruin. Regional Service Commercial I IP Natural Environment Waters i3 R1 -22 One Family-22,000 sf min. Regional Commercial a Recreational Development Waters General Development Waters (Creeks Only) R1-13.5 One Family-13,500 at min. I I Industrial Park -2 Acre Min , EM 100 - Year Floodplain R1-9.5 One Family-9,590 sf min. Mr. Industrial Park - 5 Acre Min. Highway B-312 West of County Road #4 is proposed, not constructed at this lime RM-6.5 Multi-Family-6.7 U.P.A. max. MI General Industrial - 5 Acre Min. Up dated through Ordinance #09-2005 RM-2.5 Multi-Family-17.4 U.P.A. max. I I Office Neighborhood Commercial Community Commercial Public Water Right-of-VVay Chanhassen City limits Ordinance #33-2001 WI Addition) approved, but nal shown on this map edition Date: June 24, 2005 In case of dIstency reSsed on ard alErhal kg al ders4lca pri foe as Ed. PuZa CtCert.r.1,val. Guide Plan Map Associated Bank SE Corner of Valley View Road and Prairie Center Drive I Low Density Residential 0-2.5 Units/Acre F774 Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre IN Neighborhood Commercial Community Commercial Regional Commercial Park/Open Space Public/Quasi-Public Church/ Cemetery Open Water Right-Of-Way Metropolitan Urban Service Line (MUSA) Creeks Principal Arterial - A Minor Arterial - B MinorArterial - Major Collector - Minor Collector EDEN PRAIRIE I-I Medium Density Residential/Office High Density Residential 10-40 Units/Acre Office [2221 Office/Industrial M Office/Public/Open Space IN Industrial DATE Approved 03-1g43 DATE Revised 01-07-05 PLANNING COMMISSION MINUTES February 12, 2007 Page 1 B. ASSOCIATED BANK Request for: Zoning District Change from Rural to Commercial Regional Service on 1.25 acres; Site Plan Review on 1.25 acres. Location: Southeast corner of Valley View Road and Prairie Center Drive. Phil Blasko, architect for HTG Architects, presented the proposal. Mr. Blasko said the site as developed was challenging with circulation but with compromises from Associated Bank and help from the City Planner, they were able to present the proposal as is tonight. Their intent was to comply with recommendations from the Planning Commission and City Staff. Stoelting asked Franzen to review the staff report. Franzen stated the Staff recommends approval based on page 3 and 4 of the staff report. Stoelting opened the meeting up for public input. There was no input. Koenig asked Franzen if the project proponent was subject to cash park fees. Franzen stated he would review the file and will determine if fees are required and would inform the city council and the planning commission of the findings. MOTION by Powell, seconded by Koenig, to close the public hearing. Motion carried 7-0. MOTION by Powell, seconded by Seymour, to recommend approval of the Zoning District Change from Rural to Commercial Regional Service on 1.25 acres and Site Plan Review on 1.25 acres based on plans stamped dated February 6, 2007, and the staff report dated February 9, 2007. Motion carried 7-0. Koenig interjected with a friendly amendment to read as follows: Subject to further investigation as to whether cash park fees should be paid on this property. MOTION by Seymour, seconded by Koenig, to approve the amended motion. Motion carried 7-0. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 03/06/07 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah ITEM DESCRIPTION: Staring Lake Business Center ITEM NO.: VIII.B. Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 19.3 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning Amendment in the I-2 Zoning District on 19.3acres; and • Adopt the Resolution for Preliminary Plat on 19.3 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is two industrial buildings totaling 150,216 square feet with waivers for allowable office use and setback. It is an amendment to an approved agreement and plans called the Flying Cloud Business Center. The approved plan was for two buildings totaling 172,111 square feet. Background Information There are three waivers from the City Code. These are: • Parking setback from 25 feet to 3 feet for building site one along Pioneer Trail. The County plan for right of way along Pioneer Trail reduces the setback to parking at its closest point to 3 feet. This right of way is needed to accommodate the road expansion, room for a trail, access to this site and access to the City Park to the west. • Parking setback from 50 feet to 35 feet for site two. Same as the approved plan. • Office use from 50% to 85%. Same as the approved plan The 120-Day Review Period Expires on May 23, 2007. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the February 12, 2007 meeting. Attachments 1. Resolution PUD Concept 2. Resolution Preliminary Plat 3. Staff Report 4. Location Map 5. Land Use & Zoning Maps 6. Planning Commission Minutes STARING LAKE BUSINESS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF STARING LAKE BUSINESS CENTER FOR UNITED PROPERTIES WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on February 12, 2007, on Staring Lake Business Center by United Properties and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on March 6, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Staring Lake Business Center, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated March 6, 2007. 3. That the PUD Concept meets the recommendations of the Planning Commission February 12, 2007. ADOPTED by the City Council of the City of Eden Prairie this 6th day of March, 2007. _______________________ Phil Young, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk EXHIBIT A PUD Concept - Staring Lake Business Center Legal Description: page 1 of 3 PARCEL 1 That part of the North 1185 feet of the Northeast Quarter of Section 27, Township 116 North, Range 22 West of the 5th Principal Meridian lying West of the East 990 feet thereof and East of a line parallel with and 21 1/3 rods Easterly measured at right angles from a line drawn from a point in the North line of said Northeast Quarter distant 17 rods East of the Northwest corner thereof to a point in the South line of the Northwest Quarter of the Southeast Quarter distant 41 rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter. PARCEL 2 That part of the Northeast Quarter of said Section 27 lying south of the North 1185 feet thereof and lying West of the East 990 feet thereof and east of a line parallel with and 21 1/3 rods Easterly measured at right angles from a point on the North line of said Northeast Quarter distant 17 rods East of the Northwest corner thereof to a point in the South line of the Northwest Quarter of the Southeast Quarter of said Section 27 distant 41 rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter and Northerly of County Road No. 1 and Northwesterly of U.S. Highway No. 169. EXCEPTING FROM THE FOREGOING PARCELS That tract of land lying in Section 27, Township 116, Range 22, Hennepin County, Minnesota more particularly described as follows: Commencing at the northeast corner of the Northeast Quarter of said Section 27, thence North 89 degrees 34 minutes 17 seconds West assumed bearing along the north line of said Northeast Quarter a distance of 990.00 feet to the point of beginning of the exception being described thence South 00 degrees 33 minutes 59 seconds West parallel with the East line of said Northeast Quarter a distance of 737.21 feet; thence North 83 degrees 11 minutes 30 seconds West a distance of 932.45 feet to an intersection with a line parallel with and 21 1/3 rods East of a line running from a point in the North line of said Northeast Quarter distant 17 rods East of the Northwest corner thereof to a point in the South line of the Northwest Quarter of the Southeast Quarter distant 41 rods East of the Southwest corner thereof thence North 4 degrees 34 minutes 44 seconds West along the last above described parallel line a distance of 636.00 feet to the North line of said Northeast Quarter thence Easterly along said North line a distance of 953.98 feet to the point of beginning. PUD Concept- Staring Lake Business Center Legal Description: page 2 of 3 PARCEL 3 That part of the Northeast Quart of Section 27, Township 116, Range 22, West 5th Principal Meridian, Hennepin County, Minnesota, described as: Commencing at a point in the North line of said Northeast Quarter of Section 27, distant 280.5 feet East from the Northwest corner of said Northeast Quarter; thence Southeasterly in a straight line, which if produced Southeasterly will intersect the South line of the Northwest Quarter of the Southeast Quarter of said Section 27 at a point distant 41 rods East from the Southwest corner thereof a distance of 1117.04 feet to the actual point of beginning of the land to be hereinafter described; thence continuing Southeasterly along said last described line a distance of 262.96 feet; thence East at right angles 228 feet; thence South at right angles to a point distant 20 feet North of the center of Old County Road No. 1; thence Easterly parallel with the center line of said road to its intersection with a line distant 21 1/3 rods Easterly at right angles from and parallel with the said first above described line; thence Northerly along said last described parallel line to its intersection with a line drawn Easterly from the actual point of beginning at right angles to the first above described straight line; thence Westerly along said last described right angle line to the actual point of beginning. PARCEL 4 That part of Section 27, Township 116, Range 22, described as follows: Commencing at a point in the North line of the Northeast Quarter, distant 280.5 feet East from the Northwest corner thereof; thence Southeasterly, distant 1380 feet along a line which if extended would intersect the South line of the Northwest Quarter of the Southeast Quarter, distant 676.5 feet East from the Southwest corner thereof to the actual point of beginning; thence Northeasterly at right angles, distant 228 feet; thence Southeasterly at right angles to the centerline of Pioneer Trail; thence Northwesterly along the centerline to a point of intersection with the first described line; thence Northwesterly to the point of beginning, except road, Hennepin County, Minnesota. Torrens Certificate No. 790272 PARCEL 5 That part of the Northeast Quarter of Section 27, Township 115, Range 22 bounded as follows, to wit; Commencing at a point in the North line of said Northeast Quarter 280.5 feet East from the Northwest corner thereof; thence in a Southeasterly direction 1465 feet along a straight line (said line to be hereafter known as line "A") which if produced will intersect the South line of the Northwest Quarter of the Southeast Quarter of said Section 27, Township 116, Range 22. at a point 41 rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter, for a point of beginning; thence East parallel with the North line of said Northeast Quarter to a point in a line 21 1/3 rods PUD Concept- Staring Lake Business Center Legal Description: page 3 of 3 Easterly at right angles form and parallel with aforesaid line "A"; thence Southeasterly in a straight line parallel with aforesaid line "A" to the North line of County Road No. 1, as now established; thence Northwesterly along the North line of said County Road No. 1 to its intersection with the aforesaid line "A"; thence Northwesterly along said line "A" to the point of beginning. Except the following: That part of the Northeast Quarter of Section 27, Township 116, Range 22, described as follows: Commencing at a point in the North line of said Northeast Quarter 280.5 feet East from the Northwest corner thereof; thence Southeasterly along aforesaid line "A" a distance of 1380 feet to the actual point of beginning of the tract to be described; thence East at right angles 228 feet; thence South at right angles to the center line of County Road No. 1; thence Westerly along said center line to said line "A"; thence Northerly along said line "A" to the point of actual beginning. STARING LAKE BUSINESS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION APPROVING THE PRELIMINARY PLAT OF STARING LAKE BUSINESS CENTER FOR UNITED PROPERTIES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Staring Lake Business Center for United Properties stamp dated March 6, 2007, and consisting of 19.3 acres into two lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 6th day of March, 2007. _______________________________ Phil Young, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael Franzen, City Planner DATE: February 9, 2007 SUBJECT: Staring Lake Business Center APPLICANT/ OWNER: United Properties LOCATION: Northwest Corner of Pioneer Trail and Flying Cloud Drive 120 Day Clock May 23, 2007 REQUEST: 1. Planned Unit Development Concept Review on 19.3 acres 2. Planned Unit Development District Review with waivers on 19.3 acres 3. Zoning District Amendment in the I-2 District on 19.3 acres 4. Site Plan Review on 19.3 acres 5. Preliminary Plat of 19.3 acres into 2 lots Staff Report – Staring Lake Business Center February 9, 2007 2 BACKGROUND This site is guided and zoned Industrial according to a 2001 approved agreement and plans called the Flying Cloud Business Center. The approved plan was for two buildings totaling 172,111 square feet with a waiver from 50% to 85% office and a front yard setback to parking from 50 feet to 35 and 25 feet. SITE PLAN Building site one has a 79,125 square foot building. The base area ratio is .196. The City code permits up to a .30 base area ratio. The floor area ratio is .196. The City Code permits up to a .50 floor area ratio. The required parking is 376 spaces. The plan shows 376 spaces. The building meets the required 50-foot front yard setback, 20-foot side yard setback and 25-foot rear yard setbacks. Building site two has a 71,091 square foot building. The base area ratio is .16. The City code permits up to a .30 base area ratio. The floor area ratio is .16. The City Code permits up to a .50 floor area ratio. The required parking is 303 spaces. The plan shows 305 spaces. The building meets the required 50-foot front yard setback, 20-foot side yard setback and 25-foot rear yard setbacks. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers. Parking setback from 25 feet to 3 feet for building site one along Pioneer Trail. The County plan for right of way along Pioneer Trail reduces the setback to parking at its closest point to 3 feet. This right of way is needed to accommodate the road expansion, room for a trail, access to this site and access to the City Park to the west. Parking setback from 50 feet to 35 feet for site two. Same as the approved plan. Office use from 50% to 85%. Same as the approved plan LANDSCAPE PLAN Staff Report – Staring Lake Business Center February 9, 2007 3 The landscaping caliper inch requirement based on gross building size is 468.75 caliper inches. The plan shows 540 inches caliper inches. There are 3,326 diameter inches of significant trees on site. A total of 1,641 diameter inches will be lost due to site construction. The required tree replacement is 1,084 caliper inches. The plan meets this requirement. ARCHITECTURE Since there is a waiver requested to allow more office use in the building, the architecture should meet the exterior material requirements for office zoning. The exterior materials meet the 75% brick and glass requirements for office zoning. SITE GRADING The plans need to be revised as follows. • The proposed retaining wall adjacent to Flying Cloud Drive reaches a height of approximately 22’. Under this scenario the geo fabric for the wall would need to extend within the public right of way of Flying Cloud Drive. This right of way is also a corridor for Hennepin County storm sewer associated with Pioneer Trail Improvements. The project grading should be revised within this area reducing or eliminating the retaining wall and grading out within the right of way. Coordination with Hennepin County will be needed. Appropriate permits from MNDOT for grading within the right of way will be required. Construction easements need to be provided at no cost to Hennepin County and MnDot. • The grading at the east property line adjacent to Building B should be revised so that the existing hydrant and valve (for future extension to the adjacent property) are not under the proposed retaining wall. • The discharge pipe from pond B must extend to the creek. • Coordination between Hennepin County and the project regarding grading and drainage adjacent to Pioneer Trail is needed. The plans should indicate how the two projects tie together under both existing conditions as well as with the future Pioneer Trail improvements. • The grading plan (existing conditions) does not appear to take into account grading that was done with the installation of the public sanitary sewer and water through the project. An Staff Report – Staring Lake Business Center February 9, 2007 4 example of this is the area adjacent to PID # 27-116-22-12-0003; the sanitary sewer constructed and the proposed storm sewer plan conflict. The grading and drainage plan should be revised so that the drainage in this area is redirected and the storm sewer layout revised. The grading/utility plans should be coordinated and revised appropriately. UTILITIES Storm water will be treated onsite to NURP standards. A storm sewer pipe and a sanitary sewer pipe needs to cross City property. The storm sewer pipe must discharge water into Purgatory Creek. The sanitary sewer must connect to a sewer line near Purgatory Creek. Tree loss for utility extension is 82 inches and tree replacement is 24 inches. The species should be an oak variety. These trees should be ball and burlap with 1.5 – 2.0 inches in diameter. PRELIMINARY PLAT The preliminary plat needs to show the right necessary for Pioneer Trail improvements. WETLANDS There are no wetlands on this site based on an evaluation that was complete in 2001 with the approved plans. Current documentation regarding the status of wetlands on the site must be submitted since wetland evaluation is only valid for 3 years. TRAVEL DEMAND MANAGEMENT PLAN A condition in the development agreement for the approved plan is a Travel Demand Management Plan. A TDM Plan is a program to reduce the number of trips to and from a site during the peak traffic hours. Typical plans include alternative work schedules, carpool, walking and biking. The developer shall prepare a TDM plan prior to review by the City Council. SIDEWALKS An eight-foot wide bituminous trail will be constructed along Pioneer Trail and Highway 212. LIGHTING The lights are 30 feet tall. The light fixture is shielded to reduce offsite glare. Staff Report – Staring Lake Business Center February 9, 2007 5 STAFF RECOMMENDATION Alternative One Recommend approval of the following • Planned Unit Development Concept Review on 19.3 acres • Planned Unit Development District Review with waivers on 19.3 acres • Zoning District Amendment in the I-2 District on 19.3 acres • Site Plan Review on 19.3 acres • Preliminary Plat of 19.3 acres into 2 lots This would be based on plans dated February 9, 2007, this staff report, and the following conditions: 1 Prior to City Council review, the proponent shall: A. Revise the landscape plan to include 24 inches of an oak variety for tree replacement along the utility extensions. These trees should be ball and burlap with 1.5 – 2.0 inches in diameter. B. Revise the grading and plat drawings to reflect the required changes identified to the grading, utility, and plat sections of the staff report. C. Provide an updated wetland evaluation. D. Prepare a TDM plan 2. Prior to grading permit issuance, the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. 3. Prior to building permit issuance, the proponent shall: A. Review the building plans with the Fire Marshal, including details regarding fire access to the site. B. Submit a landscaping bond surety. C. Submit a letter of credit in accordance with the TDM Plan. D. Pay the cash park fee. 4. The following waivers are granted as part of the PUD: Staff Report – Staring Lake Business Center February 9, 2007 6 • Parking setback from 50 feet to 3 feet for building site one. • Parking setback from 50 feet to 35 feet for site two. • Office use from 50% to 85%. Alternative Two Recommend a continuance to the March 12, 2007 meeting with direction to revise the plans according to the recommendations in the staff report relating to, grading, utilities, plat, and wetland. Area Location Map - Staring Lake Address: Northwest Corner of Highway 212 (Flying Cloud Drive) and County Road 1 (Pioneer Trail) Pioneer Trail - County Rd #1 Hwy #212 - Flying Cloud Drive Yorkshire La. HVVY #212/Flying Could Drive Pioneer Trail/County Road #1 Rural One Family -10 acre min. jJ Highway Commercial R1-44 One Family- 44,000 of. min. Regional Service Commercial 141-22 One Family-22,000 sf mfn. Regional Commercial R1-13.5 One Family-13,500 sf min. Industrial Park - 2 Acre Min R1-0.5 One Family-9,500 of min. RM-0.5 Multi-Family-67 U.P.A. max SI& RM-2.5 U.P A. m I Office I Neighborhood Commercial I Community Commercial Shoreland Management Classifications 1 kI P I Natural Environment Waters 11 Recreational Development Waters l oot General Development Waters (Creeks Only) ' ) 100- Year Floodptain 4( d EDEN PRAIRIE Industrial Park - 5 Acse MM. Highway #312 West of County Road #4 is proposed, not constructed at this time General Industrial -S Acre Min. Up dated through Ordinance #09-2005 Public Ordinance #33-2001 (BF! Addition) approved, but not shown on this map edition Water Right-of-Way 1 Chanhassen City limits Date: June 24, 2005 Inca. dal,rapanay.rclaIclia a ice ,' 04..nanannn iKs a on, map, thnCII,-.17ca aniausdled EqI 4ti& r3 , Eden PS2. co, Ca ,er pre. al Zoning Map Staring Lake Business Center NW Corner of HWY 212 (Flying Cloud Dr) and County Rd 1 (Pioneer Tr!) Hwy #212/Flying Cloud Drive Pioneer Trail/County Road #1 I Low Density Residential 0-2.5 Units/Acre IZZ Low Density/Public/Open Space r 1 Medium Density Residential/Office High Density Residential 10-40 Units/Acre Office Office/industrial r74 Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Park/Open Space I Public/Quasi-Public MI Church/ Cemetery Open Water Right-Of-Way Metrapolilan Urban Servina Line (MUSA) = Pnncipal Arterial — Creeks — A MinorArlerial — El MinorArlenal - Major Collector Minor Colieclor EDEN PRAIRIE DATE Approved 03-10•03 DATE Revised 01-07-05 Medium Density residential 2.5-10 Units/Acre Regional Commercial Guide Plan Map Staring Lake Business Center NW Corner of HWY 212 (Flying Cloud Dr) and County Rd 1 (Pioneer TrI) PLANNING COMMISSION MINUTES February 12, 2007 Page 1 C. STARING LAKE BUSINESS CENTER Request for: Planned Unit Development Concept Review on 19.3 acres; Planned Unit Development District Review with waivers on 19.3 acres; Zoning District Amendment in the I-2 District on 19.3 acres; Site Plan Review on 19.3 acres; Preliminary Plat of 19.3 acres into two lots. Location: Northwest corner of Pioneer Trail and Flying Cloud Drive. Eric Simmer, with United Properties, presented the proposal. This request was previously seen in 2001 and was approved at that time. Since then there have been a few revisions to the plan to accommodate some dedication of right-of-way and to lower the overall square footage of the site but increase the percentage of office in the buildings. Other than those revisions, the proposal is unchanged. In looking at the site plan, the total square footage is approximately 150,000 square feet. There are two buildings on this site. The first building, which is classified as the upper building, is approximately 80,000 square feet and the balance of the building would be mainly office. The second building, referred to as the lower building, would also include some office space. The entrance to this property will be off of Pioneer Trail. Ponding will take place in a 5 acre area, which would be an asset to the property. There will be a dedicating addition right-of-way along Pioneer Trail to accommodate the future expansion of this road, which should occur in 2008. Stoelting asked if there would be sidewalks at the corner of Hwy 212 and Pioneer Trail. Franzen stated it is in the public right-of-way and will be included in the improvement project. Stoelting asked Franzen to review the staff report. Franzen stated on page 3 and 4 of the staff report are staff recommendations to make sure the project proponent’s plans and the County’s plans match. The staff has reviewed the revised plans and have determined the plans meet city and county requirements. Staff recommends approval subject to staff recommendations on page 5 and 6 of the staff report. Stoelting opened the meeting up for public input. There was no input. Seymour asked Staff about the traffic and if they are concerned there is just one way in and one way out. Gray said there will be some delays but there are not a lot of other alternatives to the positioning of the roads. Stoelting asked Gray to comment on the height of the retaining walls. Gray said the walls are located on the east side of Hwy 212 and pointed out there will be an opportunity to regrade and lower the retaining walls. Powell asked how close this site is to the Cummins Grill property. Gray stated it is adjacent to it. Powell said the City is planning to look for commercial development of this property or private financing to support maintenance on the property. Gray stated it would be a good use of this property to provide assistance with maintenance and also access by the public to enjoy the property. Powell asked if the project proponent would consider shared parking with the Cummins Grill property. Gray stated whatever the re-use of the property on Cummins Grill, they will need parking close up to make it practical for the public. The distance between the south property line and the house is quite a distance, so shared parking would most likely not be feasible. Fox said in regard to the access road coming into Cummins Grill, this will be eliminated with the re-alignment of Pioneer Trail. There will be a road from the main access road that will lead to the back of the house. Because of this, the area will need to have maximum parking. Powell asked if there was any dialog with the property owner of the land lock lot on what type of development they are looking for on that location. Franzen pointed out it is the current location of Sterling Fence, which has a variance for outdoor storage that is set to lapse in a few years. At that point they would have to either construct a building to store their materials inside or look for a new location. Koenig asked Fox if the Cummins Grill house is going to lose the little road coming into it and if the only access would be at the proposed property they are currently discussing. Fox stated that was correct. MOTION by Kirk, seconded by Koenig, to close the public hearing. Motion carried 7-0. MOTION by Kirk, seconded by Powell, to recommend approval of the Planned Unit Development Concept Review on 19.3 acres; Planned Unit Development District Review with waivers on 19.3 acres; Zoning District Amendment in the I-2 District on 19.3 acres; Site Plan Review on 19.3 acres and Preliminary Plat of 19.3 acres into two lots based on plans stamped dated February 9, 2007, and the staff report dated February 9, 2007. Motion carried 7-0. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: March 6, 2007 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: IX. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 161162 - 161525 Wire Transfers 2636- 2637 Attachments City of Eden Prairie Council Check Summary 3/6/2007 Division Amount Division Amount General 8,419 601 Prairie Village Liquor 133,111 100 City Manager 353 602 Den Road Liquor 95,252 101 Legislative 2,468 603 Prairie View Liquor 100,247 102 Legal Counsel 12,690 605 Den Road Building 11,050 110 City Clerk 622 701 Water Fund 37,695 111 Customer Service 7,465 702 Sewer Fund 231,592 112 Human Resources 945 703 Storm Drainage Fund 15,171 113 Communication Services 3,807 803 Escrow Fund 2,392 114 Benefits & Training 2,003 807 Benefits Fund 179,265 116 Facilities 59,148 810 Workers Comp Insurance 98,360 117 City Center 48,068 811 Property Insurance 70,440 130 Assessing 336 131 Finance 4,834 Report Totals 1,619,817 132 Social Services 39 133 Planning 345 134 Heritage Preservation 37 135 Information Technology 13,067 136 Public Safety Communications 3,012 137 Economic Development 343 138 Community Development Admin. 190 150 Park Administration 209 151 Park Maintenance 5,795 153 Organized Athletics 3,425 154 Community Center 6,900 156 Youth Programs 1,998 157 Special Events 72 158 Adult Recreation 3,825 159 Recreation Administration 39 160 Therapeutic Recreation 203 161 Oak Point Pool 268 162 Arts 5,048 163 Outdoor Center 1,252 164 Park Rental Facilities 119 180 Police 9,923 183 Emergency Preparedness 145 184 Fire 10,071 185 Animal Control 340 186 Inspections 181 200 Engineering 613 201 Street Maintenance 12,902 202 Street Lighting 1,657 203 Fleet Services 33,019 204 Equipment Revolving 86,229 301 CDBG 3,093 304 Senior Board 196 312 Recycle Rebate 20 314 Liquor Compliance 1,000 502 Park Development 23,375 503 Utility Improvement 15,072 506 Improvment Bonds 1996 9,428 509 CIP Fund 15,097 511 Construction Fund 8,122 515 Fire Station #4 131,106 519 Community Center Referendum 46,962 520 Parks Referendum 29,394 522 Improvement Projects 2006 9,953 City of Eden Prairie Council Check Register 3/6/2007 Check # Amount Vendor / Explanation Account Description Business Unit 2636 5,366 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 2637 71,975 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 161162 340 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 161163 3,574 A-SCAPE INC Contract Svcs - Snow Removal Fire Station #2 161164 230 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 161165 60 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 161166 230 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 161167 230 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 161168 270 ABRAKADOODLE Instructor Service Special Events & Trips 161169 650 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie Village Liquor Store 161170 301 AMSAN BRISSMAN-KENNEDY Cleaning Supplies Community Center Maintenance 161171 235 ANCHOR PRINTING COMPANY Printing Police 161172 300 ANDERSON, BRYAN E Other Contracted Services Broomball 161173 259 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 161174 20 ASSOCIATION OF RECYCLING MANAG Dues & Subscriptions Recycle Rebate 161175 321 BALDWIN SUPPLY COMPANY Repair & Maint. Supplies Park Maintenance 161176 685 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 161177 649 BAYER PHOTOGRAPHY Other Contracted Services Communication Services 161178 5,537 BELLBOY CORPORATION Liquor Prairie View Liquor Store 161179 131 BINO, SUSAN Operating Supplies Senior Board 161180 645 BLOOMINGTON SECURITY SOLUTIONS Supplies - Security Community Center Maintenance 161181 100 BOLD, PAULINE Instructor Service Outdoor Center 161182 7,500 BRAUN INTERTEC CORPORATION Testing - Soil Boring Construction Fund 161183 199 CALIBRE PRESS INC Tuition Reimbursement/School Police 161184 80 CAMPOS, LORI Instructor Service Outdoor Center 161185 129 CAREER TRACK Tuition Reimbursement/School Police 161186 363 CLAREYS INC Office Supplies General 161187 4,000 CLARK ENGINEERING CORP Improvements to Land Park Acquisition & Development 161188 654 COMMERCIAL STEAM TEAM Other Contracted Services Prairie Village Liquor Store 161189 3,387 COMPAR INC Other Hardware Den Road Liquor Store 161190 2,536 CORPORATE EXPRESS Office Supplies Police 161191 286 CUB FOODS EDEN PRAIRIE Miscellaneous Housing, Trans, & Human Serv 161192 2,286 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 161193 6,014 DAY DISTRIBUTING Beer Prairie View Liquor Store 161194 580 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 161195 94,028 DELANO ERICKSON ARCHITECTS Building Parks Referendum 161196 208 EAGLE TRAINING LLC Tuition Reimbursement/School Police 161197 1,156 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 161198 2,826 EARL F ANDERSEN INC Operating Supplies Park Maintenance 161199 172 EF JOHNSON Equipment Parts Wireless Communication 161200 53 ELWELL, JEFF Mileage & Parking Community Center Maintenance 161201 125 ERGOMETRICS Employment Support Test Organizational Services 161202 7,398 ESTATE OF THEODORE VICKERMAN Reimbursement Utility Improvement Fund 161203 96 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 161204 86 FEDEX Postage Fire 161205 135 FERRELLGAS Lubricants & Additives Fleet Services 161206 4 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 161207 68 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Internal Events 161208 904 GE CAPITAL Other Rentals General 161209 150 GLOCK PROFESSIONAL INC Tuition Reimbursement/School Police 161210 555 GOVERNMENT FINANCE OFFICERS AS Dues & Subscriptions Finance 161211 116 GRAINGER Repair & Maint. Supplies Pool Maintenance 161212 3,143 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 161213 921 GRAPHIC SOURCE INC Advertising Winter Theatre 161214 6,694 GRIGGS COOPER & CO Liquor Prairie View Liquor Store 161215 100 HALLOWELL, FRANK Refunds Environmental Education 161216 504 HAMMERS, SARAH Other Contracted Services Volleyball 161217 14,529 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 161218 300 HAYEN, LINDA Other Contracted Services Winter Theatre 161219 100 HENK, KENNETH Refunds Environmental Education 161220 184 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 161221 828 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 161222 150 HENRY, PAUL Other Contracted Services Broomball Check # Amount Vendor / Explanation Account Description Business Unit 161223 317 HOHENSTEINS INC Beer Prairie Village Liquor Store 161224 63 HOLMES, DAVE Other Contracted Services Basketball 161225 194 HOLMES, TOM Other Contracted Services Basketball 161226 146 IAAO Dues & Subscriptions Assessing 161227 100 IACP Dues & Subscriptions Police 161228 72 IND SCHOOL DIST 272 Printing Special Initiatives 161229 2,287 INDELCO PLASTICS CORP Equipment Parts Water Treatment Plant 161230 165 INTERSTATE POWER SYSTEMS INC Equipment Parts Fleet Services 161231 234 J H LARSON COMPANY Supplies - Electrical City Hall - CAM 161232 376 J-CRAFT DIV OF CRYSTEEL MFG IN Equipment Parts Fleet Services 161233 7,897 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 161234 558 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 161236 16,500 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 161237 372 KEEPERS Clothing & Uniforms Fire 161238 300 KUSTOM SIGNALS INC Equipment Repair & Maint Police 161239 205 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations - General 161240 7,675 LAMETTRY, RICK Reimbursement Utility Improvement Fund 161241 98,360 LEAGUE MN CITIES INS TRUST Other Contracted Services Workers Comp Insurance 161242 340 LEROY JOB TRUCKING INC Kennel Services Animal Control 161243 16 LOES OIL COMPANY Equipment Repair & Maint Fleet Services 161244 279 LORMAN EDUCATION SERVICES Tuition Reimbursement/School Police 161245 700 LUSHINE, PEGGY E Other Contracted Services Winter Theatre 161246 277 M. AMUNDSON LLP Misc Taxable Prairie View Liquor Store 161247 3,946 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 161248 7,760 MARK VII Beer Prairie Village Liquor Store 161249 285 MENARDS Equipment Repair & Maint Park Maintenance 161250 1,781 METRO SALES INCORPORATED* Other Rentals General 161251 101 METROPOLITAN FORD Equipment Parts Fleet Services 161252 702 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 161253 580 MINNESOTA AWWA Conference Expense Water Treatment Plant 161254 195 MINNESOTA CHAPTER IAAI Tuition Reimbursement/School Police 161255 195 MINNESOTA CHIEFS OF POLICE ASS Dues & Subscriptions Police 161256 625 MINNESOTA RURAL WATER ASSOCIAT Conference Expense Water Treatment Plant 161257 2,044 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 161258 2,133 MITY-LITE INC Supplies - General Bldg Community Center Maintenance 161259 46 MTI DISTRIBUTING INC Equipment Parts Fleet Services 161260 1,700 NETSENTIAL.COM INC Software Maintenance Fire 161261 549 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 161262 683 NORTHWEST BUSINESS SYSTEMS Software Maintenance Information Technology 161263 559 OLSEN COMPANIES Operating Supplies Traffic Signals 161264 113 OLSON, ROBERT Travel Expense Police 161265 47 OSI BATTERIES INC Equipment Parts Fleet Services 161266 1,003 PARABEN CORPORATION Software Maintenance Information Technology 161267 1,590 PAUSTIS & SONS COMPANY Wine Imported Prairie Village Liquor Store 161268 435 PC MALL Other Hardware Information Technology 161269 4,092 PCS TECHNOLOGIES INC Computers Capital Impr. / Maint. Fund 161270 371 PEPSI COLA COMPANY Merchandise for Resale Concessions 161271 6,146 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 161272 728 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Garden Room Repairs 161273 26 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance 161274 9,316 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 161275 542 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 161276 138 PRIORITY COURIER EXPERTS Equipment Repair & Maint Fleet Services 161277 179 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 161278 14,701 QUALITY WINE & SPIRITS CO Transportation Prairie View Liquor Store 161279 1,086 QWEST Telephone Water Distribution 161280 400 R & H THEATRICALS Other Contracted Services Summer Theatre 161281 150 R & H THEATRICALS Other Contracted Services Summer Theatre 161282 181 RADDE TAXIDERMY Recreation Supplies Outdoor Center 161283 345 RCM & ASSOCIATES Office Supplies Planning 161284 583 RICHARDSON, JIM Other Contracted Services Communication Services 161285 12 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 161286 15 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 161287 450 SAMUEL FRENCH INC Other Contracted Services Winter Theatre 161288 900 SCHWARTZ, ELSIE Other Contracted Services Winter Theatre 161289 195 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie View Liquor Store 161290 55 SNAP-ON TOOLS Small Tools Fleet Services Check # Amount Vendor / Explanation Account Description Business Unit 161291 2,368 SOUTHWEST SUBURBAN CABLE COMMI Dues & Subscriptions City Council 161292 1,431 SPORTS UNLIMITED Instructor Service After School Programs 161293 339 SPS COMPANIES Equipment Parts Water Treatment Plant 161294 2,538 ST JOSEPH EQUIPMENT INC Equipment Repair & Maint Fleet Services 161295 126 STATE SUPPLY COMPANY Supplies - Plumbing City Hall - CAM 161296 60 STEINER, SHARON Operating Supplies Senior Board 161297 290 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 161298 128 STITELER, SHARON Instructor Service Outdoor Center 161299 378 STREICHERS Training Supplies Police 161300 300 SUN NEWSPAPERS Legal Notices Publishing City Clerk 161301 8 ZURN, REVONDA Program Fee Preschool Events 161302 7,442 THORPE DISTRIBUTING Beer Den Road Liquor Store 161303 86,229 TWIN CITIES MACK & VOLVO TRUCK Autos Public Works 161304 1,000 UNCOMMON GATHERINGS Other Contracted Services Winter Theatre 161306 160 UNITED RENTALS HIGHWAY TECHNOL Conference Expense Water Distribution 161307 265 UNLIMITED SUPPLIES INC Operating Supplies Park Maintenance 161308 249 USA BLUEBOOK Operating Supplies Utility Operations - General 161309 8 VERIZON WIRELESS Pager & Cell Phone Park Maintenance 161310 1,177 WATSON CO INC, THE Merchandise for Resale Concessions 161311 2,188 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 161312 15 WITTHUHN, KIM Program Fee Outdoor Center 161313 208 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 161314 737 YALE MECHANICAL INC Contract Svcs - HVAC Community Center Maintenance 161315 167 YELLOW PAGES, INC Advertising Den Road Liquor Store 161316 504 ZABRANSKY, LAELA Other Contracted Services Volleyball 161317 46 UNIFORMS UNLIMITED Clothing & Uniforms Police 161318 360 UNITED RENTALS HIGHWAY TECHNOL Conference Expense Water Distribution 161325 4,274 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations - General 161326 300 CEMSTONE CONTRACTOR SUPPLY Conference Expense Engineering 161327 50 MACQUEEN EQUIPMENT INC Conference Expense Engineering 161328 30 NEW FOGEY FOLLIES Other Contracted Services Trips 161329 1,000 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 161330 100 TUCK, MIKE Refunds Environmental Education 161331 130 2007 NSRMAA ANNUAL SCHOOL Tuition Reimbursement/School Fire 161332 313 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 161333 250 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 161334 160 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 161335 578 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair & Maint Fleet Services 161336 231 ACCURINT - ACCOUNT # 1348824 Other Contracted Services Police 161337 70 ACT ELECTRONICS INC Equipment Repair & Maint Traffic Signals 161338 597 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 161339 52 AGUILAR, TODD Lessons & Classes Oak Point Lessons 161340 622 ALLIANT ENGINEERING INC Design & Engineering Construction Fund 161341 15 ALTERNATIVE BUSINESS FURNITURE Supplies - General Bldg Furniture 161342 123 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Den Road Liquor Store 161343 1,858 ANCHOR PAPER COMPANY Office Supplies General 161344 2,309 ANCHOR PRINTING COMPANY Office Supplies Fire 161345 635 ART START Other Contracted Services City Center Operations 161346 66 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station #2 161347 205 AUTOMATED ENTRANCE PRODUCTS IN Building Repair & Maint. Den Road Liquor Store 161348 6,000 BAKER ASSOCIATES INC Building Den Road Building 161349 84 BARNES, BELINDA A. Other Contracted Services Volleyball 161350 514 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 161351 1,137 BECKER ARENA PRODUCTS INC Contract Svcs - Ice Rink Ice Arena Maintenance 161352 4,338 BELLBOY CORPORATION Operating Supplies Prairie Village Liquor Store 161353 86 BLOOMINGTON, CITY OF Other Contracted Services Park Maintenance 161354 244 BORDER STATES ELECTRIC SUPPLY Repair & Maint. Supplies Park Maintenance 161355 40 CAMPOS, LORI Instructor Service Outdoor Center 161356 55,520 CENTERPOINT ENERGY SERVICES IN Gas City Hall - CAM 161357 194 CHOICE INC Other Contracted Services Prairie Village Liquor Store 161358 50 CLARK, JOAN Refunds Environmental Education 161359 130,907 CM CONSTRUCTION COMPANY INC. Building Fire Station #4 161360 478 COMMISSIONER OF TRANSPORTATION Improvement Contracts Improvement Projects 2006 161361 140 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 161362 395 CORPORATE EXPRESS Office Supplies General 161363 105 CULLIGAN BOTTLED WATER Operating Supplies Fire 161364 6,508 DAY DISTRIBUTING Beer Prairie View Liquor Store Check # Amount Vendor / Explanation Account Description Business Unit 161365 71 DELUXE BUSINESS CHECKS & SOLUT Bank and Service Charges Prairie Village Liquor Store 161366 39 DISH NETWORK Cable TV Community Center Admin 161367 27,376 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr - Tenant Direct Costs 161368 180 DMX MUSIC Other Contracted Services Den Road Liquor Store 161369 45 DOVER, RUTH Program Fee Trips 161370 60 DRAMATIC PUBLISHING Operating Supplies Arts Initiative 161371 1,875 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 161372 12,000 EARL F ANDERSEN INC Signs Traffic Signs 161373 845 ECOLAB INC Contract Svcs - Pest Control City Hall - CAM 161374 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Human Resources 161375 600 EDEN PRAIRIE HOCKEY ASSOCIATIO Merchandise for Resale Concessions 161376 417 EDEN PRAIRIE ROTARY CLUB Miscellaneous City Manager 161377 248 ELVIN SAFETY SUPPLY INC Operating Supplies Park Maintenance 161378 895 EMPLOYERS ASSOCIATION INC Dues & Subscriptions Human Resources 161379 382 ESBENSEN, GEORGE Operating Supplies Fire 161380 96 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 161381 22 FERRELLGAS Motor Fuels Fleet Services 161382 175 FIREHOUSE MAGAZINE Dues & Subscriptions Fire 161383 42 FISHER, DELORES Program Fee Trips 161384 473 FLORIDA MICRO LLC Other Hardware Information Technology 161385 61 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 161386 84 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance 161387 40 FORCE AMERICA Equipment Parts Fleet Services 161388 39 GARDEN ROOM FRATELLI'S GARDEN Other Contracted Services Recreation Administration 161389 176 GE CAPITAL Other Rentals General 161390 100 GLEASON, PAULA Refunds Environmental Education 161391 232 GLENROSE FLORAL AND GIFT SHOPS Accounts Payable Escrow 161392 159 GRAFIX SHOPPE Equipment Parts Fleet Services 161393 135 GRAINGER Contract Svcs - Electrical City Hall - CAM 161394 454 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 161395 17,988 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1 161396 14,687 GRIGGS COOPER & CO Wine Domestic Prairie View Liquor Store 161397 148 GROTH MUSIC Operating Supplies Community Band 161398 14 GUARANTY BANK Other Contracted Services Police 161399 32 HANCE ACE HARDWARE Equipment Parts Fleet Services 161400 15 HARTLEY, MARY KAY Events/Admission Fee Teen Programs 161401 209 HD SUPPLY WATERWORKS LTD Equipment Repair & Maint Park Maintenance 161402 175,319 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 161403 504 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology 161404 147 HOLMES, TOM Other Contracted Services Volleyball 161405 128 I-SAFE Operating Supplies Police 161406 700 IAFC Tuition Reimbursement/School Fire 161407 810 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 161408 31 ISTATE Equipment Parts Fleet Services 161409 8,219 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 161411 29,332 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 161412 15 JONES, SANDRA Events/Admission Fee Teen Programs 161413 108 KANSANBACK, RACHEL Postage Fire 161414 2,947 KEEPERS Clothing & Uniforms Police 161415 45 KESTER, EVELYN Program Fee Trips 161416 15 KEY, CHARLOTTE Events/Admission Fee Teen Programs 161417 15 KLOECKNER, LINDA Events/Admission Fee Teen Programs 161418 25 KRAEMERS HARDWARE INC Supplies - General Bldg Community Center Maintenance 161419 474 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #1 161420 75,297 LEAGUE MN CITIES INS TRUST Insurance Den Road Liquor Store 161421 29 LUTGEN, JEANNE Program Fee Trips 161422 37 M. AMUNDSON LLP Misc Taxable Den Road Liquor Store 161423 185 MAAO Conference Expense Assessing 161424 29 MACMILLAN, GENEVA Program Fee Trips 161425 5,540 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 161426 11,898 MARK VII Beer Prairie Village Liquor Store 161427 1,380 MEDICINE LAKE TOURS Special Event Fees Trips 161428 180 MENARDS Office Supplies Police 161429 10 MERLINS ACE HARDWARE Repair & Maint - Ice Rink Ice Arena Maintenance 161430 394 METRO SALES INCORPORATED* Office Supplies General 161431 231,524 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility - General 161432 833 METROPOLITAN FORD Equipment Parts Fleet Services Check # Amount Vendor / Explanation Account Description Business Unit 161433 201 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 161434 37 MILLER DUNWIDDIE Other Contracted Services Heritage Preservation 161435 1,107 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 161436 648 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance Information Technology 161437 368 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services 161438 329 MINNESOTA DEPT OF REVENUE Waste Disposal Park Maintenance 161439 111 MINNESOTA GLOVE INC Safety Supplies Fleet Services 161440 404 MINNETONKA GLASS & MIRROR Contract Svcs - General Bldg Ice Arena Maintenance 161441 3,600 MMKR Audit & Financial Finance 161442 100 MOORE, DEBORAH Refunds Environmental Education 161443 25 MUNICIPALS Dues & Subscriptions Human Resources 161444 1,313 NEUMANN, NEAL Other Contracted Services Broomball 161445 260 NEWPAPER LLC Operating Supplies Special Events & Trips 161446 181 NOKOMIS SHOE SHOP Clothing & Uniforms Inspections-Administration 161447 19 NORCOSTCO Operating Supplies Winter Theatre 161448 440 NORTHERN SAFETY TECHNOLOGY INC Capital Under $2,000 Fleet Services 161449 167 NUCO2 INC Chemicals Pool Maintenance 161450 100 OBERMANN, BRUCE Refunds Environmental Education 161451 369 OSI BATTERIES INC Operating Supplies Police 161452 3,135 PAUSTIS & SONS COMPANY Wine Imported Den Road Liquor Store 161453 439 PC MALL Software Maintenance Information Technology 161454 15 PEARSON, ELLEN Events/Admission Fee Teen Programs 161455 217 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 161456 244 PERSONAL TOUCH TECHNOLOGIES IN Software Maintenance Information Technology 161457 16,232 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 161458 611 PLASTICS INTERNATIONAL Repair & Maint. Supplies Park Maintenance 161459 39 POKORNY COMPANY Supplies - Plumbing Community Center Maintenance 161460 1,641 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Prairie View Liquor Store 161461 28 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 161462 9,524 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 161463 7,684 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 161464 320 PRECISION FINISHING Equipment Repair & Maint Fleet Services 161465 47 PRECISION SMALL ENGINE REPAIR Equipment Parts Fleet Services 161466 144 PRINTERS SERVICE INC Contract Svcs - Ice Rink Ice Arena Maintenance 161467 178 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 161468 217 PROP United Way Withheld General Fund 161469 161 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 161470 19,146 QUALITY WINE & SPIRITS CO Wine Domestic Prairie View Liquor Store 161471 391 R & R SPECIALTIES OF WISCONSIN Contract Svcs - Ice Rink Ice Arena Maintenance 161472 434 RIGHTWAY GLASS INC Equipment Repair & Maint Fleet Services 161473 1,087 SCHARBER & SONS Equipment Repair & Maint Fleet Services 161474 5 SCHUMACHER, LANA Program Fee Outdoor Center 161475 142 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store 161476 61 SHRED-IT Waste Disposal City Center Operations 161477 22 SNAP-ON TOOLS Small Tools Fleet Services 161478 591 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 161479 2,135 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 161480 1,226 SPECIALTY WINES AND BEVERAGES Wine Imported Prairie Village Liquor Store 161481 14,272 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006 161482 95 SSPC Dues & Subscriptions Utility Operations - General 161483 9 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 161484 1,245 STAR TRIBUNE Employment Advertising Organizational Services 161485 2,248 STREICHERS Clothing & Uniforms Police 161486 322 SUN NEWSPAPERS Legal Notices Publishing City Clerk 161487 395 TCM, A TIME INC COMPANY Operating Supplies Fitness Classes 161488 6,137 TECHNICAL DIFFERENCE INC Software Maintenance Information Technology 161489 50 TEKIELA, STAN Recreation Supplies Outdoor Center 161490 17,868 THORPE DISTRIBUTING Beer Den Road Liquor Store 161491 144 TOM'S WINDOW CLEANING Janitor Service - General Bldg Den Road Building 161492 2,497 TUSHIE MONTGOMERY ARCHITECTS Building Den Road Building 161493 125 TWIN CITY OXYGEN CO Equipment Repair & Maint Fleet Services 161494 241 UNITED STATES MECHANICAL INC Contract Svcs - Plumbing Senior Center 161495 60 UNITED STATES POLICE CANINE AS Canine Supplies Police 161496 180 UNITED WAY United Way Withheld General Fund 161497 360 UNLIMITED SUPPLIES INC Operating Supplies Traffic Signs 161498 17 UPS Postage Fire 161499 534 US POSTMASTER - HOPKINS Printing Senior Center Administration Check # Amount Vendor / Explanation Account Description Business Unit 161500 15 VALA, LISA Events/Admission Fee Teen Programs 161501 525 VINOCOPIA Wine Imported Prairie View Liquor Store 161502 436 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 161503 10,035 WALL TRENDS INC Contract Svcs - General Bldg Senior Center 161504 933 WATSON CO INC, THE Merchandise for Resale Concessions 161505 15 WEBER, ANNETTE Events/Admission Fee Teen Programs 161506 15,134 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 161507 47 WHEELER HARDWARE COMPANY Supplies - General Bldg Park Shelters 161508 208 WICHTERMAN'S LTD Equipment Repair & Maint Fleet Services 161509 956 WIGLEY AND ASSOCIATES Software Information Technology 161510 330 WILDER, LOIS Special Event Fees Classes/Programs/Events 161511 1,438 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 161512 1,101 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 161513 185 WUOLLET BAKERY INC Operating Supplies Fire 161514 9,983 XCEL ENERGY Electric Improvement Projects 1996 161515 12,842 YALE MECHANICAL INC Contract Svcs - HVAC Garden Room Repairs 161516 1,817 CARDMEMBER SERVICE Conference Expense Fire 161518 2,824 GENUINE PARTS COMPANY Equipment Parts Fleet Services 161519 1,845 GOODPOINTE TECHNOLOGY CORPORAT Software Maintenance Information Technology 161520 17,742 GREGERSON ROSOW JOHNSON & NILA Legal Legal Council 161521 375 LAW ENFORCEMENT OPPORTUNITIES Tuition Reimbursement/School Police 161522 210 MINNESOTA RURAL WATER ASSOCIAT Dues & Subscriptions Utility Operations - General 161523 913 PETTY CASH Mileage & Parking Water Distribution 161524 307 PETTY CASH-POLICE DEPT Travel Expense Police 161525 98 WHITE, NICOLE Mileage & Parking Therapeutic Rec Administration 1,619,817 Grand Total CITY COUNCIL AGENDA SECTION: Appointments DATE: March 6, 2007 DEPARTMENT/DIVISION: City Council ITEM DESCRIPTION: 2007 City Commission Appointments ITEM NO.: XIII.A. Requested Action Move to: Appoint to the Arts & Culture Commission: Steve Mosow and Heather Olson – Terms to expire 03/31/2010. Kelly Brandon – Term to expire 03/31/2008 Move to: Appoint to the Conservation Commission: Laura Jester – Term to expire 03/31/2010 Move to: Appoint to the Heritage Preservation Commission: Betsy Adams, Richard Akerlund, and Mark McPherson – Term to expire 03/31/2010 Move to: Appoint to the Human Rights and Diversity Commission: Daniel Abraira and Pamela Spera – Terms to expire 03/31/2010 Move to: Appoint to the Parks, Recreation and Natural Resources Commission: Tom Bierman, Jeff Gerst, and Joan Oko – Terms to expire 03/31/2010 Move to: Appoint to the Planning Commission: Peter Rocheford and Kevin Schultz – Terms to expire 03/31/2010 Fred Seymour – Term to expire 03/31/2009 Synopsis The City Council held Commission interviews on Tuesday, February 27, 2007. Nineteen (19) candidates applied overall for consideration; ten (10) new applicants and nine (9) candidates seeking reappointment. Fifteen (15) candidates have been designated for Commission appointments on March 6, 2007; six (6) appointed for the first time, and nine (9) reappointments. Appointments are being made to six existing Commissions (Arts and Culture Commission; Conservation Commission, Heritage Preservation Commission; Human Rights and Diversity Commission; Parks, Recreation and Natural Resources Commission; and Planning Commission). No positions were available this year on the Flying Cloud Airport Advisory Commission. All terms of appointment are scheduled to begin on April 1, 2007. CITY COUNCIL AGENDA SECTION: Appointments DATE: March 6, 2006 DEPARTMENT/DIVISION: City Council ITEM DESCRIPTION: 2007 Appointments of Chairs and Vice Chairs to City Commissions ITEM NO.: XIII.B. Requested Action Move to: Appoint Anne Rorem - Chair and Heather Olson - Vice Chair of the Arts and Culture Commission Move to: Appoint Eapen Chacko - Chair and David Seymour - Vice Chair of the Conservation Commission Move to: Appoint Richard King - Chair and Jeffrey Larsen - Vice Chair of the Flying Cloud Airport Advisory Commission Move to: Appoint Betsy Adams - Chair and Ann Higgins - Vice Chair of the Heritage Preservation Commission Move to: Appoint Cari Maguire - Chair and Mellisa Barra - Vice Chair of the Human Rights and Diversity Commission Move to: Appoint John Brill - Chair and Geri Napuck - Vice Chair of the Parks, Recreation and Natural Resources Commission Move to: Appoint Ray Stoelting - Chair and Jon Stoltz - Vice Chair of the Planning Commission Background Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council held Commission interviews on Tuesday, February 27, 2007, and determined Chair and Vice Chair assignments for the period of April 1, 2007, through March 31, 2008, at this time. City Code Section 2.22, Subd. 5 Officers states, “the Council shall in March each year choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year.” To be eligible for consideration, City Code states, “a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson.” CITY COUNCIL AGENDA SECTION: Report of City Manager DATE: March 6, 2007 DEPARTMENT/DIVISION: Scott Neal, City Manager ITEM DESCRIPTION: Citizen Advisory Commissions ITEM NO.: IV.B.1. Requested Action Motion: Move to approve new City Council-Citizen Advisory Commission Protocol. Synopsis During my 2006 performance review, I proposed a goal for this year to develop and establish a new protocol for the relationship between the City Council and its citizen advisory commissions. I proposed this goal because I believe that we have room for improvement in the way that we are capitalizing the intellectual capital of the Eden Prairie citizens who are sharing their time and energy with their community as volunteers on the City’s advisory commissions. I believe the fundamental improvement we can make in the existing relationship between the City Council and its citizen advisory commissions is in the area of communication. I also believe there are improvements City staff can make in communicating and coordinating with commissions and Council. In preparing this proposal, I have solicited feedback from Councilmembers and staff. I also sought and received input on this subject from six of the City’s seven existing advisory commissions. Based on the input I have received, I would propose the Council consider and authorize the following protocol for the City Council-Citizen Advisory Commission relationship: 1. The City Council has a standing agenda item on each meeting agenda for reports from commissions. I propose that a rotating schedule be established which provides an opportunity for one of the commissions to make a 5-10 minute status report to the Council during this agenda item at each Council meeting. During a normal year the Council has 21 regular meetings. This would provide three reporting opportunities each year for the seven standing commissions. 2. Based on my periodic attendance at commission meetings, my discussions with Commission chairs and my discussion with commission staff liaisons, I believe the Council can be more deliberate in providing input, feedback and suggestions to the commissions. I believe the Council should establish a regular practice of considering the City’s needs and formally assigning defined policy development tasks to commissions. 3. City staff have a standard practice of developing departmental and divisional Work Plans each year. The Work Plans are reviewed and approved by me and my senior management staff. I believe the Council should establish a similar expectation for the commissions. What I envision for this practice is exactly what you received at the February 20 meeting from the Airport Commission and what you will be reviewing and approve from the Conservation Commission at the March 6 meeting. I envision a document that describes a commission’s plans and goals for the year that is developed from commission, staff and Council input that is formally approved by the Council on an annual basis. 4. In order to develop and sustain a good working relationship, I believe it is important for commissions, staff and the Mayor (as a representative of the Council) to meet and talk on a more regular basis than occurs today. I recommend a meeting be held once or twice each year involving the Mayor, City Manager, and all Commission chairs and staff liaisons to discuss policies, procedures, progress, ideas, etc. Former Mayor Tyra-Lukens and I facilitated two such meetings during the final two years of her term. She and I found the meetings useful as a means to connect the City’s elected leadership to the City’s appointed commission leadership. The Commission chairs found the meetings to be valuable. They began a dialogue among themselves about their respective commission scopes, polices, practices, etc. It was a good learning experience for all involved. On a more personal basis, the Mayor has initiated one-on-one meetings with commission chairs to get to know them better. I believe continuing this practice is a good idea and will further a sense of connection between the commission chairs and the city’s elected leaders. On my end, I am going to initiate a post-commission meeting meeting with commission staff liaisons to get a timelier and in depth briefing of commission meetings and activities. I also plan to continue my past practice of sitting in on at least one regular meeting of each commission each year. In summary, the four points of the new protocol have one common dominator: greater levels of formal and informal communication among Council, staff and commissions. I believe this new protocol will improve the effectiveness of our commissions; provide greater policy value to the City; and increase the sense of connectedness between the City’s elected and appointed leaders. If approved by the Council, I will begin implementing this new protocol with the seating of the new commissioners in April.