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HomeMy WebLinkAboutCity Council - 02/12/2008 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, FEBRUARY 12, 2008 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Jan Curielli Heritage Room II I. GUIDE PLAN Council Chamber II. OPEN PODIUM A. Pam Bandy—City Policy on Realtor Signs IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 12, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, 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. COLOR GUARD/PLEDGE OF ALLEGIANCE IIII. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RECOGNITION OF SUPERVALU CEO JEFF NODDLE'S DESIGNATION AS MN BUSINESS JOURNAL EXECUTIVE OF THE YEAR B. NINE MILE CREEK WATERSHED DISTRICT V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL PLANNING SESSION HELD SATURDAY,JANUARY 19, 2008 B. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 22, 2008 C. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 22, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRAIRIEVIEW CENTER FACADE REMODEL Second Reading of the Ordinance for Planned Unit Development District Review on 13.63 acres and Zoning District Amendment in the Commercial Regional Service District on 13.63 acres and Resolution for Site Plan Review on 13.63 acres. Location: 930 Prairie Center Drive. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) CITY COUNCIL AGENDA February 12, 2008 Page 2 C. ADOPT RESOLUTION APPROVING FINAL PLAT OF ENTERPRISE RENT-A-CAR D. ADOPT RESOLUTION APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES E. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR FLYING CLOUD DRIVE IMPROVEMENTS, I.C. 07-5708 F. APPROVE PURCHASE OF REPLACEMENT VENHICLES AND EQUIPMENT LISTED IN THE 2008 BUDGET G. APPROVE PROPOSAL FROM SRF FOR FINAL DESIGN PLANS AND SPECIFICATIONS FOR STABILIZATION AND RESTORATION STUDY OF LOWER MINNESOTA RIVER WATERSHED DISTRICT AREA 4 H. ADOPT RESOLUTION DECLARING THE CITY'S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF PROCEEDS OF SUBSEQUENTLY ISSUED SERIES OF BONDS I. ADOPT RESOLUTION AUTHORIZING CONVEYANCE OF LOT 1 BLOCK 1 AND OUTLOT C CASTLE RIDGE ADDITION TO THE CITY OF EDEN PRAIRIE HOUSING AND REDEVLOPMENT AUTHORITY J. ADOPT RESOLUTION SUPPORTING (HCRRA) REQUEST FOR$10 MILLION IN STATE BONDING TO FUND SOUTHWEST TRANSITWAY ENVIRONMENTAL IMPACT STATEMENT (EIS) AND PRELIMINARY ENGINEERING (PE) K. ADOPT RESOLUTION SUPPORTING REQUEST FOR$1 MILLION IN FEDERAL FUNDS TO FUND THE SOUTHWEST TRANSITWAY EIS L. ADOPT RESOLUTION SUPPORTING A STABLE,DEDICATED FUNDING SOURCE FOR TRANSIT CAPITAL AND OPERATIONS INCLUDING THE SOUTHWEST TRANSITWAY M. ADOPT RESOLUTION REQUESTING THE SOUTHWEST TRANSITWAY BE GIVEN HIGHER PRIORITY IN METROPOLITAN COUNCIL'S UPDATED 2030 TRANSPORTATION POLICY PLAN IX. PUBLIC HEARINGS/MEETINGS A. MINC RILEY LAKE—VERIZON WIRELESS TOWER Request for: Site Plan Review on 29.84 acres. Location: 9100 Riley Lake Rd. (Resolution for Site Plan Review) CITY COUNCIL AGENDA February 12, 2008 Page 3 B. TOP DOG COUNTRY CLUB &VET CLINIC Request for: Planned Unit Development Concept Review on 3.03 acres, Planned Unit Development District Review on 3.03 acres and Zoning District Amendment in the Commercial Regional Service Zoning District on 3.03 acres and Site Plan Review on 3.03 acres. Location: 8040 Glen Lane. (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 9.01 RELATING TO STORAGE,DEPOSIT AND COLLECTION OF REFUSE,YARD WASTE AND SOLID WASTE B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4, SECTION 4.50,RELATING TO SALE OF LIQUOR AT SPORTS OR CONVENTION FACILITIES OWNED BY THE CITY XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Policy to Hold a Public Hearing Prior to Council Action on New Fees and User Charges B. REPORT OF CITY MANAGER 1. 2008 Meeting Schedule for Budget Advisory Commission 2. Status of Heritage Preservation and Immigrant Services Activities 3. MnDOT Right of Way Re-conveyance Process C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. 2008 Guide Plan Update D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Amend Guidelines for Community Use of Parks and Recreation Rental Facilities 2. Accept and Recognize Gifts and Donations For 2007 (Resolution) CITY COUNCIL AGENDA February 12, 2008 Page 4 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT ANNOTATED AGENDA DATE: February 8, 2008 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, February 12, 2008 TUESDAY, FEBRUARY 12, 2008 7:00 PM, COUNCIL CHAMBER CITY COUNCIL MEETING I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE When the Mayor announces the Scout, the Scout or Scout Master will step to the podium. Scout /Scout Master: "I am from Scout Troop # and Mayor and City Council, we are ready to present the Colors." Mayor: "Color Detail, present the Colors " The Detail Commander will March forward alone to the podium —then turn and face the Color Guard and start the ceremony. Detail Commander: "Color Detail, ATTENTION. Forward MARCH." Council and audience will rise when the flags enter the Council Chamber. The Color Guard and Scouts will march to the front and automatically halt when in position; no command for halt will be given. Detail Commander at the podium will turn to the Mayor. Detail Commander: "Mayor and City Council, we are ready for the Pledge of Allegiance." (Detail Commander will turn back to the scouts) "Present Colors." [The American Flag is snapped straight up and the State Flag is dropped to a 45° angle.] "Hand Salute." Mayor and Council lead the Pledge of Allegiance As soon as the Pledge of Allegiance is complete, the Detail Commander says: Detail Commander: Ready, TWO. The scouts return to attention and both flags are brought back to carrying position. Mayor: "Color Detail, retire the Colors." ANNOTATED AGENDA February 12, 2008 Page 2 Detail Commander: "Forward MARCH." Color Guard will now leave the Council Chambers. (Council and audience will remain standing until the flags leave the Council Chamber.) Outside the Council Chamber doors, the Color Guard will finish their duties. The Mayor will continue with the next item of business on the City Council Agenda while this takes place. Detail Commander: "Detail HALT." [All Color Guard members and Scout participants remain at attention.] "Post COLORS." [Color Guard now places the flags in the flag holders outside the Council Chambers]. "FALLOUT." This ends the Color Guard ceremony. III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS /PRESENTATIONS A. RECOGNITION OF SUPERVALU CEO JEFF NODDLE'S DESIGNATION AS MN BUSINESS JOURNAL EXECUTIVE OF THE YEAR B. NINE MILE CREEK WATERSHED DISTRICT Corinne Lynch of the Nine Mile Creek Watershed District will present a reimbursement check in the amount of $30,000 to the City. She will also provide a brief overview of the District's current activities. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. ANNOTATED AGENDA February 12,2008 Page 3 VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL PLANNING SESSION HELD SATURDAY, JANUARY 19, 2008 B. COUNCIL WORKSHOP HELD MONDAY,JANUARY 22, 2008 C. CITY COUNCIL MEETING HELD MONDAY, JANUARY 22, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-N on the Consent Calendar. A. CLERK'S LICENSE LIST B. PRAIRIEVIEW CENTER FACADE REMODEL Second Reading of the Ordinance for Planned Unit Development District Review on 13.63 acres and Zoning District Amendment in the Commercial Regional Service District on 13.63 acres and Resolution for Site Plan Review on 13.63 acres. Location: 930 Prairie Center Drive. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF ENTERPRISE RENT-A-CAR D. ADOPT RESOLUTION APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES E. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR FLYING CLOUD DRIVE IMPROVEMENTS, I.C. 07-5708 F. APPROVE PURCHASE OF REPLACEMENT VENHICLES AND EQUIPMENT LISTED IN THE 2008 BUDGET G. APPROVE PROPOSAL FROM SRF FOR FINAL DESIGN PLANS AND SPECIFICATIONS FOR STABILIZATION AND RESTORATION STUDY OF LOWER MINNESOTA RIVER WATERSHED DISTRICT AREA 4 H. ADOPT RESOLUTION DECLARING THE CITY'S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF PROCEEDS OF SUBSEQUENTLY ISSUED SERIES OF BONDS I. ADOPT RESOLUTION AUTHORIZING CONVEYANCE OF LOT 1 BLOCK 1 AND OUTLOT C CASTLE RIDGE ADDITION TO THE CITY OF EDEN PRAIRIE HOUSING AND REDEVLOPMENT AUTHORITY ANNOTATED AGENDA February 12,2008 Page 4 J. ADOPT RESOLUTION SUPPORTING(HCRRA) REQUEST FOR$10 MILLION IN STATE BONDING TO FUND SOUTHWEST TRANSITWAY ENVIRONMENTAL IMPACT STATEMENT (EIS) AND PRELIMINARY ENGINEERING (PE) K. ADOPT RESOLUTION SUPPORTING REQUEST FOR$1 MILLION IN FEDERAL FUNDS TO FUND THE SOUTHWEST TRANSITWAY EIS L. ADOPT RESOLUTION SUPPORTING A STABLE, DEDICATED FUNDING SOURCE FOR TRANSIT CAPITAL AND OPERATIONS INCLUDING THE SOUTHWEST TRANSITWAY M. ADOPT RESOLUTION REQUESTING THE SOUTHWEST TRANSITWAY BE GIVEN HIGHER PRIORITY IN METROPOLITAN COUNCIL'S UPDATED 2030 TRANSPORTATION POLICY PLAN IX. PUBLIC HEARINGS/MEETINGS A. MINC RILEY LAKE—VERIZON WIRELESS TOWER Request for: Site Plan Review on 29.84 acres. Location: 9100 Riley Lake Rd. (Resolution for Site Plan Review) Official notice of this public hearing was published in the January 31, 2008, Eden Prairie New and sent to 81 property owners. Synopsis: A Verizon Wireless tower is proposed to be constructed within Riley Lake Park to provide cellular coverage for the surrounding area. The purpose of the site plan review is for a 240 sq. ft. ancillary structure to house the cellular equipment associated with the tower. The 65-foot cell tower is exempt from site plan review since it is less than 80 feet tall and conforms to setback requirements in the rural district. The proposed building conforms to exterior materials and setbacks requirements. The building will be constructed into a hillside and will not be visible from any adjacent land use. No significant trees will be affected by the project. A standard FAA review is underway to determine if the tower is considered an obstruction. No building permit will be issued until the FAA determination completed. The Parks, Recreation&Natural Resources Commission and Heritage Preservation Commission have approved the proposal. The 120-Day Review Period Expires on May 2, 2008. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 29.84 acres; and • Direct Staff to prepare a Lease Agreement between the City and Verizon Wireless to be executed by the parties incorporating Staff and Commission recommendations and Council conditions. ANNOTATED AGENDA February 12,2008 Page 5 B. TOP DOG COUNTRY CLUB & VET CLINIC Request for: Planned Unit Development Concept Review on 3.03 acres, Planned Unit Development District Review on 3.03 acres and Zoning District Amendment in the Commercial Regional Service Zoning District on 3.03 acres and Site Plan Review on 3.03 acres. Location: 8040 Glen Lane. (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment) Official notice of this public hearing was published in the January 31, 2008, Eden Prairie New and sent to 20 property owners. Synopsis: The site plan shows a 21,508 square foot addition to the existing 18,742 square foot building. The addition will occupy the outdoor storage area of the former Frank's Nursery and Crafts. The proposed use is called Top Dog Country Club and Vet Clinic. The indoor facility includes a vet clinic,play area, grooming area and suites (kennels.) Services range from morning drop off and evening pick up similar to a child care facility to overnight boarding. The project requires waivers for increased site coverage and reduced parking. The project is located in the Town Center. The staff report evaluated the consistency of the project with the vision for the Town Center and identified four approaches to the development of the property. These included: 1. The plan as proposed. This approach is to develop the site with waivers as proposed and view the proposal as in interim use. Since the plan for the Town Center is a 25 year plan, as the surrounding area redevelops, the value of this site will reach a point when total site redevelopment makes sense. 2. A revised plan consistent with current zoning. This approach is to develop the site in conformance with the current zoning requirements and view the proposal as an interim use. Since the plan for the Town Center is a 25 year plan, as the surrounding area redevelops, the value of this site will reach a point when total site redevelopment makes sense. The plan at .020 site coverage would be a 26,397 square foot building or an 8,420 square foot addition to the existing building. This means the outdoor garden area could be converted to part building and part parking. 3. A revised plan with waivers and consistent with the Town Center Plan. This approach would involve a closer look at how the plan could be modified to incorporate principles of the Town Center Design Guidelines and health. To accomplish this would require a reduction in the building footprint to allow room for amenities associated with a Town Center. Recent approved examples are Windsor Plaza and Presbyterian Homes which include a range of amenities including, outdoor areas, rainwater gardens, pavers, decorative lights,pedestrian scale architecture, etc. 4. Focus on the future development of the Town Center. Approval of the MCA Plan, Town Center Ordinance, Town Center Design Guidelines and the redevelopment focus of the draft 2008 Guide Plan Update ANNOTATED AGENDA February 12,2008 Page 6 shows a strong commitment to the future of the City, the MCA and more specifically the Town Center. Decisions made today should be consistent with the direction that has been established. Approving a plan with waivers should further the success of building a Town Center consistent with the vision, the plan, and its planning principles. This project with waivers increases site development beyond the plan, creates the potential for land use incompatibly, creates potential for traffic congestion, and may reduce higher development density in areas where it has been determined to be appropriate. The 120-Day Review Period Expires on April 21, 2008. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 3.03 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review, and Zoning District Amendment in the Commercial Regional Service Zoning District on 3.03 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 9.01 RELATING TO STORAGE, DEPOSIT AND COLLECTION OF REFUSE,YARD WASTE AND SOLID WASTE Synopsis: City Code Section 9.01 was revised to expand the requirements of this section to cover storage, deposit and collection of recyclable waste. A provision requiring multiple family dwellings to provide recycling service and language to prohibit scavenging of recyclable and solid waste were also added. A number of editorial changes were completed and some of the definitions were updated to reflect current usage. This revision adds language to Section 9.01 to clarify and expand storage, deposit and collection of recyclable wastes. The major revisions are as follows: • Add requirements for storage, collection and disposal of recyclable waste within the City, including for multi-family dwellings ANNOTATED AGENDA February 12,2008 Page 7 • Add definitions for recyclable waste, including aluminum, can, corrugated cardboard, glass,paper and plastic recyclables • Update definitions to reflect definitions used in other sections of the City Code or by other cities who have added provisions for recyclable waste • Add provisions for collection and scheduling of recyclable waste, information to be provided to residents, container types, transportation and disposal of recyclable wastes • Add provision to make scavenging of recyclable or solid waste unlawful • Add penalty for violation provision A mailing to apaitiiients, townhome associations and other potentially affected parties was mailed between December 27, 2007 and January 4, 2008. In addition, an article on the pending revision was published in the Eden Prairie News on January 17, 2008. No comments or concerns have been received regarding the proposed revision. MOTION: Move to approve First Reading of an Ordinance Amending City Code Section 9.01 Relating to Storage, Deposit and Collection of Refuse, Yard Waste and Solid Waste. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4, SECTION 4.50, RELATING TO SALE OF LIQUOR AT SPORTS OR CONVENTION FACILITIES OWNED BY THE CITY Synopsis: City Code Section 4.50 allows the sale of liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports of convention facility owned by the City. Section 4.05 prohibits, except as otherwise provided in Chapter 4, the granting of any license for the sale of alcohol within 300 feet of a public elementary or secondary school structure or within 100 feet of a church structure. The Parks Department plans to allow catered events in the Community Center, such as banquets, weddings, and other social affairs at which liquor will be served. The Community Center is within 300 feet of the Eden Prairie High School. This ordinance amendment proposes to amend Section 4.50 to clarify that the permission granted in Section 4.50 qualifies for the exception to the prohibition in Section 4.05. MOTION: Move to: Move to approve first reading of Ordinance amending Cy Code Section 4.50. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS ANNOTATED AGENDA February 12,2008 Page 8 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Policy to Hold a Public Hearing Prior to Council Action on New Fees and User Charges Synopsis: During the final stages of our annual budget process, it is customary for the Council to take two actions that increase City user fees. One action increases some user fees by ordinance. Examples of these fees are park improvement fees, liquor licenses and building permits. These fees are governed, in some respects, by Minnesota State Statute, which requires a mandatory public hearing. The other fee increase action is a set of fees that are not governed by Minnesota State Statute. Examples of these include Community Center membership fees, park reservation fees and City Center room rental fees. This action is typically placed on the Council's consent agenda. There is no mandatory public hearing to change this set of fees. Council Member Nelson has expressed interest in establishing a policy obliging the City to host a discretionary public hearing for the latter set of fees when the Council is considering an action to change them. This is a policy option within the Council's discretion to establish. If the motion is approved, City staff will confer with the City Attorney to draft a resolution establishing this policy. I anticipate this resolution would be ready for the Council to consider at the July 15, 2008, Council meeting. MOTION: Move to direct staff to develop a resolution ' establishing a City Council public hearing for the City's asidebialM User Fee Update Resolution. B. REPORT OF CITY MANAGER 1. 2008 Meeting Schedule for Budget Advisory Commission Synopsis: Based on our discussion at the Council's January 19, 2008, annual planning session, Sue Kotchevar and I collaborated to produce the attached memorandum. If approved, the attached memorandum will establish the BAC's 2008 meeting schedule and establish its 2008 work plan. The tentative plan is for the commission to meet on the second Tuesday evening of each month. Staff is still verifying the second Tuesday meeting date with the BAC members at the printing deadline for this Council packet. If there is a change in that meeting time, I will inform the Council at the February 12 Council meeting. ANNOTATED AGENDA February 12,2008 Page 9 The proposed work plan for the commission in 2008 is to review the City's Capital Improvement Plan(CIP). Also included in the attached memorandum is a schedule of the topics for each monthly meeting. The intended outcome of this work plan is a recommended 2009-2013 CIP which will be presented to the Council as part of the Council's 2008 budget approval process in December. The final element of the attached memorandum provides scope and parameters for the BAC's process of analyzing the CIP. I believe the scope and parameters provide the BAC the sort of policy direction they told us they were seeking from the Council, while also maintaining the Council's important leadership position in determining the City's overall public policy direction. MOTION: Move to move to approve proposed 2008 BAC meeting schedule and proposed policy direction. 2. Status of Heritage Preservation and Immigrant Services Activities This is an information item. No action is requested. Synopsis: During the Council's final deliberations of the 2008-2009 City Budget, the Council directed staff to decrease the city's scope of services in two specific program areas: immigrant services and heritage preservation services. I have been conferring with the City staff members who work in and manage those two program areas to develop a plan to implement the Council's policy direction. I will present a verbal report at the Council meeting to describing the programmatic changes in these two areas resulting from the Council's final action on the 2008-2009 City Budget. 3. MnDOT Right of Way Re-conveyance Process Synopsis: City staff has identified an eight-acre parcel of excess MnDOT right-of-way located at the southwest corner of the intersection of Eden Prairie Road and Scenic Heights Road. The land was used as a staging area for the TH 312 construction project. MnDOT gives cities first priority to acquire their excess right-of-way. The City must purchase the land at fair market value. The process can take two or more years to complete. The cost of expressing our official interest is a$1,000 deposit for an appraisal of the parcel,which would be forfeited by the City if it decides not to follow through on the purchase following the determination of the fair market value of the land. City staff believes this parcel could be a desirable site for a future affordable housing development. The area around this parcel is guided for low density residential development, with a maximum density of 2.5 units/acre, giving it ANNOTATED AGENDA February 12,2008 Page 10 a developable potential of 20 new residential lots. While staff does not have a plan yet for the acquisition and development of the site, we recommend that City Council authorize staff to officially express the City's interest in acquiring this site, if for no other reason than to get our"foot in the door" for the future. MOTION: Move to direct staff to submit a letter to MnDOT expressing the City's interest in the conveyance of the T.H. 312 excess right-of-way located at the southwest corner of the intersection of Eden Prairie Road and Scenic Heights Road. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. 2008 Guide Plan Update Synopsis: Before the 2008 Guide Plan is submitted to affected jurisdictions, the staff is asking the City Council to confirm the general direction of the plan. The plan contains an executive summary with a chapter by chapter explanation of the changes in the plan. In general, the plan changes can be summarized as follows. 1. Development of a Town Center in the Major Center Area(MCA). 2. Development of mixed land used in the Golden Triangle Area. 3. Increased population by 2030 to 77,431 (+13,885). 4. Increased number of households by 2030 to 33,067 (+8,603). 5. Increased employment by 2030 to 77,017 (+16,362). 6. Additional senior and affordable housing units in the MCA. 7. An alternative light rail alignment to serve the MCA, Town Center, and Golden Triangle. 8. The airport chapter is now part of the transportation chapter. In the last update it was a separate chapter. The update recommends that the airport be guided"Airport"rather than its current"Public" designation. An airport zoning district and regulations will need to be developed. 9. A new chapter called Economic Development which includes the Council's current economic development policies as well as new ones for the MCA and Golden Triangle. 10. A new chapter called Active Community Planning which contains policies for creating a more physically, socially and environmentally healthy community. Amendments in the plan are shown in color. General amendments are a red font. Senior housing amendments are a blue font. Sustainable amendments are a green font. At the January 28, 2008 meeting the Planning Commission passed a motion indicating they had completed the review of the update and were comfortable with the direction of the plan. ANNOTATED AGENDA February 12,2008 Page 11 Minnesota law outlines a sequence for submitting a comprehensive plan to the Metropolitan Council. Step 1: Submit plans to affected jurisdictions (generally adjacent cities, counties, school districts, watershed districts and airport commissions, etc.) for a 6 month review. Step 2: The Planning Commission approves the guide plan update. Step 3: The City Council gives its preliminary approval, subject to Metropolitan Council review, and authorizes its submittal to the Metropolitan Council. Step 4: The Metropolitan Council takes 15 days to determine if the guide plan update is complete for review. Step 5: If the update is complete, the Metropolitan Council has 120 days to complete its review and make a recommendation. Step 6: Within 9 months of Metropolitan Council approval the City must formally adopt its plan. MOTION: Move to direct Staff to distribute draft copies of the 2008 Guide Plan Update Plan to affected jurisdictions for the required 6 month review. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Amend Guidelines for Community Use of Parks and Recreation Rental Facilities Synopsis: Staff is recommending conducting a Request for Proposal process to obtain several quality caterers to provide a wide variety of food, beverage and price options for those who rent space at the Eden Prairie Community Center. In order for caterers to serve alcohol at events at the Eden Prairie Community Center, a policy change would need to occur. This item would amend the policy entitled Guidelines for Community Use of Parks and Recreation Rental Facilities, section XIV. Alcoholic Beverages. The effect of the modification would permit alcoholic beverages to be served at the Eden Prairie Community Center by a pre-approved licensed vendor. On September 19, 2006 the City Council adopted a policy entitled Guidelines for Community Use of parks and Recreation Rental Facilities. In addition to items such as: rental classifications,priority of use, hours of operation and other general policies; this document includes a section on alcoholic beverages that currently states "Alcoholic beverages are permitted at City facilities, EXCEPT at Eden Prairie Community Center, City property adjacent to a ANNOTATED AGENDA February 12,2008 Page 12 school, Flying Cloud Fields, and Round Lake fields north of Valley View Road." To make the Eden Prairie Community Center eligible to have alcoholic beverages served by a licensed vendor, the sentence would need to be changed to read, "Alcoholic beverages are permitted at City facilities, EXCEPT at City property adjacent to a school (with the exception of the Eden Prairie Community Center when served by a licensed vendor), Flying Cloud Fields, and Round Lake fields north of Valley View Road." Staff feel that the best course of operation for providing food to events and banquets at the Eden Prairie Community Center is to select several caters who are authorized to dispense food and beverages. In addition to providing a known and professional quality for the user groups the caterers would be required to contribute a percentage of their revenue to the Eden Prairie Community Center. Using a professional caterer is a standard practice at most community centers. The percentages listed are consistent with other cities such as Maple Grove, Plymouth and Brooklyn Park. The draft Catering RFP would require selected caters to contribute the following percentages: For all food& beverage service provided by the Caterer (excluding tax and gratuity) Monday—Friday 6:00 a.m. to 5:00 p.m. 8%of all gross sales* Monday—Friday 5:00 p.m. to midnight 12% of all gross sales* Saturday/Sunday/Holidays 6:00 a.m.to midnight 12%of all gross sales* Alcoholic beverages including all bar sales 25%of all gross sales The City Attorney feels that a small clarification to the current ordinance relating to alcohol will need to be made in conjunction with this policy change. This is presented as a separate item under the Ordinance and Resolutions portion of the agenda. The Parks, Recreation and Natural Resources Commission reviewed these items at their February 4, 2008, Commission meeting. A motion to support this policy change was unanimously approved. MOTION: Move to amend the policy entitled Guidelines for Community Use of Parks and Recreation Rental Facilities, Section XIV. Alcoholic Beverages, in order to permit alcoholic beverages at the Eden Prairie Community Center. 2. Accept and Recognize Gifts and Donations For 2007 (Resolution) Synopsis: In 2007 over $936,091 in cash and in-kind donations were contributed to the City of Eden Prairie towards programs, events and construction projects. These contributions make enhancements to programs and facilities along with allowing several programs to be available to the community that would not otherwise be possible. The attached exhibit shows ANNOTATED AGENDA February 12,2008 Page 13 the name of the contributor along with the department and program that used the money or donation. This item was reviewed with the Parks, Recreation and Natural Resources Commission at their February 4, 2008 Commission meeting. MOTION: Move to adopt Resolution accepting and recognizing the generous contributions and donations totaling over $936,091 from businesses and individuals to the City of Eden Prairie during 2007 as listed in exhibit 1 of the resolution. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. HRA MEETING I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 18, 2007 MOTION: Move to approve the minutes of the HRA meeting held on September 18, 2007. III. PUBLIC HEARING ON SALE OF LOT 1 BLOCK 1 AND OUTLOT C— COLUMBINE ADDITION TO PRESBYTERIAN HOMES HOUSING & ASSISTED LIVING(Resolution) Official notice of this public hearing was published in the January 31, 2008,Eden Prairie News. Synopsis: An issue regarding the deed for the property has surfaced and needs to be resolved before closing on the sale, which is now scheduled for February 15th. The subject properties were acquired by the City by tax forfeiture through Hennepin County and the State of Minnesota. The deed has "subject to"provisions which require the properties be used for parks, open space, roads, and private development/redevelopment- or they could be reverted back to the State. The buyer wants the "reverter" language removed from the deed so there is no risk to ever losing the property to the State, even though the uses in the proposed ANNOTATED AGENDA February 12,2008 Page 14 Presbyterian Homes redevelopment are allowable per the deed. To address the issue to the satisfaction of the buyer a public hearing before the Housing and Redevelopment Authority (HRA) is required in which the following findings must be made: • Find that the parcels are within the existing Redevelopment Project Area#5 • Find the sale of the property to Presbyterian Homes conforms to the goals of the Redevelopment Project, which it does (see resolution). • Authorizes execution and delivery of a Certificate (attached to resolution) certifying that the sale of the Property has been made as authorized by Minnesota Statutes Chapter 469. The Certificate will be provided to Presbyterian Homes which they can file with the County Registrar to remove the "reverter" language from the deed. The 4.8 acres City parcel is residual road right-of-way from the Columbine Road project and was placed on the market shortly after the MCA Study was adopted in December of 2005. The parcel will be included in the proposed redevelopment plans by Presbyterian Homes— which includes 707 housing units and 70,000 square feet of retail and restaurant uses to be constructed in three phases between 2008 and 2012. MOTION: Move to: • Close the public hearing; and • Adopt resolution approving the sale of 4.8 acres owned by the City of Eden Prairie and legally described as Lot 1, Block 1, and Outlot C - Columbine Addition to Presbyterian Homes Housing and Assisted Living, Inc., and authorize execution of a deed and other appropriate documents. IV. ADJOURNMENT MOTION: Move to adjourn the HRA. Proclamation City of Eden Prairie Hennepin County, Minnesota WHEREAS, Jeff Noddle, Chairman and CEO of Supervalu,has been named the Minneapolis- St. Paul Business Journal Executive of 2008; and WHEREAS, Jeff Noddle led the 2006 acquisition of Albertsons, thereby doubling Supervalu's revenue and quadrupling its employee count to 200,000; and WHEREAS, Jeff Noddle, took a pay cut the past two years to fund a non-profit organized to assist employees in crisis; and WHEREAS, Jeff Noddle received the National Leadership Award from the Anti-Defamation League in 2006; and WHEREAS, Jeff Noddle will be the United Way Annual Fund Raising Chairman in 2009; and WHEREAS, Jeff Noddle has been with Supervalu for 31 years, become CEO in 2001, and became Chairman/CEO in 2002. NOW, THEREFORE,be it resolved, that the Eden Prairie City Council honors Jeff Noddle for his professional successes and dedication to the industry and community. ADOPTED BY the Eden Prairie City Council on this 12th day of February, 2008. i)DiS Phil Young,Mayor City of Eden Prairie ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL PLANNING SESSION SATURDAY, JANUARY 19, 2008 OLYMPIC HILLS GOLF CLUB 8:30 A.M.—2:00 P.M. CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, Parks &Recreation Director Jay Lotthammer, Police Chief Rob Reynolds, Fire Chief George Esbensen, Community Development Director Janet Jeremiah, and Recorder Lorene McWaters REVIEW OF VISION, MISSION, KEY OBJECTIVES AND CORE VALUES Facilitator Richard Fursman led the group through a review of the vision, mission, objectives and core beliefs the City Council developed as part of their strategic planning in 2003 (see below). The Council agreed on retaining the existing statements, and adding two items to the list of core beliefs. (Council and staff comments appear in italics.) Vision Eden Prairie is a vibrant city characterized by the thoughtful integration of natural beauty and physical development that creates a highly desirable place for its residents and businesses. Mission Eden Prairie's city government will foster respect for the past,plan for the future, and deliver high quality public services that contribute to a strong sense of community Key Objectives 1. The City will preserve and enhance Eden Prairie's high quality of life. 2. The City will deliver high quality public services effectively and efficiently. 3. The City will create and promote a positive community identity. 4. The City will manage its resources responsibly. Core Beliefs We believe in . . . • the Constitutions of the United States and the State of Minnesota • the Codes and Ordinances of the City of Eden Prairie, Minnesota • representative and participatory local government • the value of public service, both paid and voluntary • adherence to high ethical standards of behavior civility and mutual respect • the value of diversity in all aspects of our organization This statement embodies the belief that the City has room for all kinds of people, including all ages and ethnicities. • anticipating the needs of our citizens and planning to meet those needs • careful evaluation of the fiscal implication of our public policy decisions Council Members made a number of comments on the meaning of this statement, including: • Policies put in place by the Council have fiscal consequences • Council decisions affect standards of development • The word "evaluation"encompasses everything from holding workshops and meeting discussions to soliciting resident input—but not micromanaging • Weighing needs versus wants • the responsibility of government to inform citizens of its actions • innovation in government with a preference for incrementalism over quantum change Dietz said the term "incremental innovation"was gleaned from a survey of residents a number of years ago and incorporated into the Council's list of core beliefs. Council comments on this statement included: • Planning for things that may not require immediate implementation • the principle of sustainability when making public policy decisions • The ability to pay for new things over time • strategic partnerships with other public or private organizations that will enable the City to accomplish its mission • recognizing the distinct roles that different levels of government occupy, and respecting their unique ability to provide the services they are empowered to deliver The suggested additions to Core Beliefs are: • Honor and respect for our natural and cultural history. • The value of volunteerism through non-government organizations that contribute to the community's quality of life. II. BUDGET ADVISORY COMMISSION'S ROLE AND FUTURE Facilitator Richard Fursman used a discussion technique called appreciative inquiry to begin the discussion of the Budget Advisory Commission's role and future. Fursman asked the Council Members to make two lists related to the Budget Advisory Commission—what worked and what is the ideal. What Worked • The BAC members evaluated the budget within the context of their areas of expertise • Different experiences and backgrounds allowed commissioners to look at the budget from different perspectives • BAC members made good recommendations within their areas of expertise • The BAC had fresh and thought-provoking ideas • The BAC provided seven extra sets of eyes to review the budget • Made the budget process more transparent • Enhanced the process by raising issues for dialog The Ideal • Perform long-range research on specific budget issues and what has or hasn't worked for other cities • Provide CIP budget analysis There was discussion about the BAC's role this year, since this is an"off"year in the two-year budget cycle. The BAC's role, relative to other commissions, was discussed. There was general agreement that all commissions are advisory and recommendations of each commission are made directly to the City Council. III. FUTURE DIRECTION The group reviewed the status of key issues identified during the Spring 2007 Council Planning Session. Service Levels Implementation of the new sidewalk snow removal ordinance will be reviewed at the end of this winter. Transportation The need to address connectivity and congestion were added to this category. Jeremiah said a bus circulator operates during the week, but a greater area of coverage and weekend coverage are needed. Transition The group discussed how revenue streams will change as the City's demographics change. The City expects to see income from permitting fees increase with construction of multi-family dwellings; however, there will be fewer new park improvement funds as properties are redeveloped. The City is asking developers of high density areas to provide on-site amenities, especially where the City will be unable to collect park dedication fees. Changing Demographics The City has met goals set by the Met Council for rental housing but not for ownership housing. Chief Esbensen asked if it is possible to set up a program for volunteer firefighters to receive consideration of their service when applying for affordable housing. Staff will look into this matter. Community Environment/Town Center/Streetscapes The possibility of reviewing exterior design guidelines for commercial buildings was raised. There is also interest in encouraging construction of"green" or LEED-certified buildings. A streetscape stakeholder meeting is scheduled for January 31. So far, staff has heard several different messages regarding how much the City may be willing to contribute to the project. The Budget Advisory Commission has suggested that the City contribute no more than $400,000 per project. Currently, $500,000 per year is set aside in the CIP budget for the work. The Council has also discussed a 20-25% City participation level. UNAPPROVED MINUTES ITEM NO.: VI.B. CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 22, 2008 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters LEGISLATORS: Rep. Maria Ruud, Rep. Erik Paulsen and Sen. David Hann Senator Hann joined the meeting at 6:05 p.m. Representative Ruud joined the meeting at 6:20 p.m. I. MEETING WITH STATE LEGISLATORS A. PREVIEW OF UPCOMING SESSION Rep. Paulsen said he anticipates this legislative session will be shorter than other recent sessions. He noted this is not a budget year, and said the focus will be on bonding on a bi-partisan level. He said the state may reach their debt ceiling. How much bonding beyond transportation will be possible is difficult to predict until the February budget forecast is released. Senator Hann joined the meeting at 6:05 p.m. He said he had just come from a Claims Committee meeting on bridge collapse compensation. He said he expects the majority of funds to go toward bridge compensation and transportation projects this year. Rep. Ruud joined the meeting at 6:20 p.m. due to a work commitment. She said the Governor may propose cuts, depending on the February budget forecast. She also said a gas tax increase is possible, and she expects to see some policy in the field of energy this session. B. MARKET VALUE HOMESTEAD CREDIT City Manager Neal said Eden Prairie receives between $500,000 and $700,000 in Market Value Homestead Credit each year. Paulsen said he does not foresee a reduction in MVHC unless there is unexpected news in the February revenue forecast. Neal said the City would like to see MVHC go directly to taxpayers rather than being funneled through the City. Paulsen agreed. C. GAS TAX INCREASE Paulsen said he sees a straight five-cent gas tax as a possibility. Council Workshop Minutes January 22, 2008 Page 2 D. WINE IN GROCERY STORES Paulsen said he does not expect to see Wine in Grocery Stores legislation move forward this year. He said he has supported the legislation in the past from a consumer's point of view. Neal noted that there are varying opinions on this among the Council Members. E. CAMP EDEN WOOD BONDING REQUEST Paulsen said it may be difficult to get funding for non-infrastucture projects this session, although not impossible. He said it often takes a couple of years to obtain funding for projects like Camp Eden Wood. He said the most effective means of advocating for the project is by communicating with Committee chairs and members that live near the project area. Paulsen said legislators will be interested in knowing the regional or statewide significance of the project. Neal noted that disabled campers from across Minnesota use Camp Eden Wood. Hann said he would check with the Senate Bonding Committee for an update. Ruud, who joined the meeting at 6:20 p.m., said she will be submitting a report and requesting a hearing on the project in the House. She said the proposal will likely go through the Environmental Committee. F. VOLUNTEER FIRE: EMS TAX Fire Chief Esbensen said this is an initiative that would allow volunteer fire fighters to receive a tax credit in return for their service. Governor Pawlenty has said he supports it. Paulsen said he also supports the proposal. G. FIRE RELIEF ASSOCIATION BENEFIT CAP INCREASE Esbensen said he and his peers are hoping to obtain funding for a study this year and come back to the legislature with proposed legislation next year. H. STREET UTILITY Public Works Director Gene Dietz said that as Eden Prairie's aging roads begin to require major repairs and reconstruction, the City is looking for a stable source of funding. City staff believes a street utility is a viable alternative; however, the legislature has been hesitant to support it. Paulsen said he is not very familiar with the street utility concept, but would welcome more information. Mayor Young said he believes a street utility makes a lot of sense in the long run. I. ISSUING DEBT FOR PURCHASE OF SOFTWARE Neal said that cities currently do not have the authority to issue debt for the purchase of software; however, software needed to support municipal operations can cost in the millions. The City will be purchasing public safety communications software with a cost of approximately $1 million later this year. Senator Hann said he could see the benefit of cities being able to issue debt for the purchase of software as long as the term is in line with the expected life of the product. Council Workshop Minutes January 22, 2008 Page 3 II. OPEN PODIUM There were no Open Podium Speakers. IV. ADJOURNMENT ITEM NO.: VI.C. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 22, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, 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 Mayor Young called the meeting to order at 7:00 PM. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Mayor Young thanked Troop 597 from St. Andrews Church for presenting the colors. III. OPEN PODIUM INVITATION Mayor Young noted there has been a change made to the City Council agenda to consolidate Open Podium and Open Forum into one item. IV. PROCLAMATIONS/PRESENTATIONS A. DR. MARTIN LUTHER KING,JR. PROCLAMATION Mayor Young read a proclamation proclaiming 2008 as a year to celebrate human rights and diversity in the City of Eden Prairie. Pam Spera, representing the Human Rights & Diversity Commission,presented an overview of the Human Rights Award. She announced the start of the Human Rights award process whereby an individual, a non-profit, a business and a youth who have worked to create a spirit of human rights are recognized. Nominations for the awards will be accepted until February 29, 2008. On April 10 the Commission will select the winner in each of four categories. The winners will be presented to the City Council at a meeting in May. She thanked the Eden Prairie Chamber of Commerce for working with the Commission to take over the administration of the Youth Scholarship, named for the late Mayor Jean Harris. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added four items under XIV.B. REPORT OF CITY MANAGER. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. CITY COUNCIL MINUTES January 22, 2008 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 8, 2008 MOTION: Butcher moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, January 8, 2008, as published. Motion carried 5- 0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 8, 2008 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council Meeting held Tuesday, January 8, 2008. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ENTERPRISE RENT-A-CAR Second Reading of Ordinance 2-2008-PUD-2-2008 for Planned Unit Development District Review with waivers on 1.6 acres and Zoning District change from Rural to Community Commercial on 1.6 acres and Resolution 2008-14 for Site Plan Review on 1.6 acres. Location: NW corner of Hwy 5 and Venture Lane. (Ordinance No. 2-2008-PUD-2-2008 for PUD District Review with waivers and Zoning District Change; Resolution No. 2008-14 for Site Plan Review) C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KLM ENGINEERING FOR WASH-WATER TANK RECONDITIONING PROJECT D. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS E. AUTHORIZE SALE OF FIRE ENGINE/PUMPER 22 OR FIRE ENGINE/PUMPER 32 TO THE CITY OF BROWNSVILLE,MINNESOTA F. AUTHORIZE EXECUTTION OF FOURTH AMENDMENT TO PURCHASE AGREEMENT FOR SALE OF LOT 1,BLOCK 1,AND OUTLOT C - COLUMBINE ADDITION G. AUTHORIZE EXECUTION OF THE THIRD AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS PERTAINING TO OLYMPIC RIDGE PROJECT H. ADOPT RESOLUTION NO. 2008-15 ORDERING PREPARATION OF AN ALTERNATIVE URBAN AREAWIDE REVIEW UPDATE FOR UNITED HEALTHGROUP PROPERTY CITY COUNCIL MINUTES January 22, 2008 Page 3 MOTION: Duckstad moved, seconded by Butcher, to approve Items A-H on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIEVIEW CENTER FACADE REMODEL Request for: Planned Unit Development Concept Review on 13.63 acres, Planned Unit Development District Review on 13.63 acres, Zoning District Amendment in the Commercial Regional Service District on 13.63 acres and Site Plan Review on 13.63 acres. Location: 930 Prairie Center Drive. (Resolution No. 2008-16 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment) Neal said official notice of this public hearing was published in the January 10, 2008,Eden Prairie Sun Current and sent to 14 property owners. He said the project is two parts: an architectural change in the building elevations which requires a waiver on exterior materials for one of the buildings, and a modification to the concept plan to add 5,000 square feet of new building in the parking lot. The 120-Day Review Period expires March 21, 2008. He noted this is the mall where we have a liquor store. There were no comments from the audience. Aho asked about the substance changes for the waiver on the exterior materials of the buildings. Jeremiah said there are three different buildings on the property, and one of them is currently a little deficient with regard to exterior materials; however, the average for the three buildings is in excess of our standards. She noted the Planning Commission liked the look of the new façade and felt this is a reasonable amount of flexibility to give to the property owner. She said, as part of their 2008 Work Plan, the Planning Commission plans to review the architectural standards with regard to new materials and whether or not we should be opening the door to some of these materials. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing; to adopt Resolution No. 2008-16 for Planned Unit Development Concept Review on 13.63 acres; to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service District on 13.63 acres; and to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER LOT 1, BLOCK 1,BEST BUY ADDITION,VACATION 07-11 (Resolution No. 2008- M Neal said official notice of this public hearing was published in the January 3, 2008,Eden Prairie Sun Current and sent to five property owners. The property owners have requested the vacation of all the drainage and utility easements to facilitate replatting of the lot to Liberty Plaza. The drainage and utility easements were originally dedicated with the Best Buy Addition plat. CITY COUNCIL MINUTES January 22, 2008 Page 4 New drainage and utility easements have been dedicated with the Liberty Plaza project. There were no comments from the audience. MOTION: Butcher moved, seconded by Duckstad, to close the public hearing; and to adopt Resolution No. 2008-17 vacating all of the drainage and utility easements lying over, under and across Lot 1, Block 1, Best Buy Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Aho, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Update on Annual National League of Cities Conference Neal said the annual Congressional Cities Conference sponsored by the National League of Cities will be held on March 8-12. He asked Council Members to let staff know if they are interested in attending. Staff will prepare a briefing book similar to the one prepared last year and will bring it to the City Council for approval on February 12. 2. Commission Interview Dates Neal said we have added new commissions in the past two years and this has increased the number of people we interview as well as the number of slots. Last year we had some input from Council Members about dividing it up into two nights. He suggested Monday, February 25 and Tuesday, February 26, and asked Council Members to give those dates some thought to see how that will work. He said we need to set the dates fairly soon because staff will need to start giving out sign up times. CITY COUNCIL MINUTES January 22, 2008 Page 5 3. Update on the Rogers Property Neal said this property is part of the estate of former Mayor Don Rogers. City Attorney Rosow said Mr. Rogers executed a trust agreement in 1995. The trust was amended in 2003 so that at a particular point of time after his son no longer used Mr. Rogers' personal residence as his residence, it gave the City of Eden Prairie a reasonable right of first refusal to any bona fide sale. The agreement also said, in the event following his son's death, if the City had not previously purchased the property, the property was to be given to the City of Eden Prairie on the condition that the City use it as a park that would include a horse riding trail. If the City had already purchased the property at that time, the City should be reimbursed out of the trust for the amount the City paid for the property if funds were available from the trust. Rosow said the trustee has recently filed a petition with the court seeking permission to either mortgage or sell the property and to be able to sell the property free of the granting of right of first refusal. He said we would have no basis to object to the mortgage of the property. We only have the right to purchase if there is a bona fide offer made to the trustee. The motion filed by the trustee would seek to erase the right of the City to the property. He said the property is located on 175th Street and Duck Lake Trail. He said he has no idea whether the City would now or at a later time be interested in purchasing the property,but the right of first refusal is an important right and could be valuable. He recommended that we oppose the motion of the trustee with respect to wiping out the right of first refusal. Aho asked how big the property is. Neal said it is 9.74 acres, directly adjacent to Prairie View Park. Young asked what the estimated cost of opposing the motion would be. Rosow said it would involve a court appearance and some preparation time, so it would be less than $1,000. Duckstad asked how soon action would need to be taken. Rosow said the date of the hearing is February 6. Butcher said she thought we should keep our options open because this is an important piece of land considering where it is located. Neal said this item was brought to the Council tonight because we received notice of it late last week and the hearing is scheduled prior to the next Council meeting. Duckstad asked what staff recommends. Neal said he thought we should pursue the option outlined by Mr. Rosow to give us time to look at this and see if we are interested in it. He said Mr. Lotthammer and he talked about it. It is not in an area where we have a great need for additional open space, CITY COUNCIL MINUTES January 22, 2008 Page 6 but we haven't had much time to think about it so he thought we should keep the option and preserve the City's ability to have the potential of acquiring the land without cost. Rosow said we would not be opposing the trustee's right to solicit offers on the property. The petition identifies a value for the property, but we have no idea of the market value of the property in this market. Young asked how long we have known about the right of first refusal and the other provisions of the trust agreement. Rosow said the original trust was made in 1995 and the amendment that provides the right of first refusal was in 2003. He did not recall being involved in any review of the trust agreement. When the matter arose he looked to see if we had a file on the trust,but he did not find one. It would not be unusual that such a private trust agreement would not become known to us until the right was exercisable. Young thought it was important that we determine if we have an interest in the property sooner rather than later so we don't hold up the other beneficiaries. He agreed with the recommendation to protect the right of first refusal. Nelson said she believed we should go ahead and do that especially since it is adjacent to a park. We should keep the options open for this, and the amount of money required would be well spent to keep the option open. Aho said he could see no detriment to the current owner if we keep the option open. Rosow said there is no detriment in terms mortgaging it, but he thought a right of first refusal has some detriment to a possible buyer and it places a little more encumbrance on the property because of that. Nelson thought we should also look at the intent from a former Mayor that the City should have options on the property. She thought we should make some decision on how interested we are so we can proceed to say we aren't interested or proceed to purchase it. Rosow requested a motion from the Council because we will have to appear before the court. MOTION: Nelson moved, seconded by Duckstad, to oppose the petition in so far as the request the property may be sold without being subject to the right of first refusal. Motion carried 5-0. 4. Arts Center Neal reviewed the potential Eden Prairie Art Center, noting we have seen the building and have begun talking about its potential use as a public arts center. He said there has been some interest in the Council and staff in CITY COUNCIL MINUTES January 22, 2008 Page 7 acknowledging the very generous offer but also of taking a little time to look into the operations side. This is a major gift, but it also has an operations burden to the City. He thought the prudent move would be to look at the potential operations. Staff has already started to take a look at cities that have art centers and how they operate those. He asked the Council to consider accepting a recommendation to charge our Arts & Culture Commission with spending some time on this as a body that is involved in the arts and knowledgeable about the local arts community. We would direct the Commission to bring back in the next 60-90 days a couple of scenarios and a recommendation about how the facility might be operated before we give an answer to the Samson family. He said Council Member Duckstad and he toured the building with Mr. Samson and talked to him about this issue. Mr. Samson said his father would be very much in favor of the City taking a look at the operations side. Nelson said she would like to see it done within 60 days, and she would also like the Commission to have approval to meet more than once a month in order to take care of this. She would like to move ahead with this as quickly as possible, and she was very excited about having an art center in the community. Neal said the Arts & Culture Commission is excited about this. He didn't think it will be an issue for them to have extra meetings on this. We would give public notice of the meetings and would provide the Commission with some extra staff support and consulting help. He will start taking the proposal in that direction and will talk to the Arts Commission and get them on board. 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 XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Duckstad moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 7:35 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Temporary Liquor Organization: Foundation for Eden Prairie Schools Event: Taste of Eatin' Prairie Date: February 23, 2008 Place: MN Vikings Fieldhouse/Practice Facility 9520 Viking Drive 2008 Renewal Licenses Private Kennel Becky Beiersdorf—dogs Evelyn Bone—cats Talitha Davey—dogs Kimberly Donahue - cats Barbara Gabbert—dogs Peggy Hagen—dogs Michael Juntunen—dogs Nancy Parker—dogs Cheryl Poling—dogs Lynette Vernoia—dogs Debra Wegler—dogs Deborah Winter- cats Solid Waste Collector Evergreen Sanitation Waste Technology - 1 - CITY COUNCIL AGENDA DATE: February 12, 2008 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Prairieview Center Facade Janet Jeremiah Remodel Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review on 13.63 acres and Zoning District Amendment in the Commercial Regional Service Zoning District and • Adopt the Resolution for Site Plan Review on 13.63 acres; and • Approve the Development Agreement for Prairieview Center Facade Remodel; and • Approve and Authorize Issuance of a Grading Permit for Prairieview Center Facade Remodel subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated January 25, 2008, as approved by the City Council. Synopsis This is final approval of the plans and development agreement for an exterior remodel of the Rainbow Foods and retail strip buildings. Background Information The 120-Day Review Period Expires March 21, 2008. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution—Site Plan Review 4. Development Agreement 5. Exhibit D—Development Agreement(5-2-1986) PRAIRIEVIEW CENTER FACADE REMODEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-2008-PUD-3-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District 3-2008-PUD-3-2008 (hereinafter "PUD-3- 2008-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-3-2008-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2008-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-3-2008-C-REG-SER are justified by the design of the development described therein. D. PUD-3-2008-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of February 12, 2008, entered into between Praireview Retail, LLC and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-3-2008-C-REG-SER, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service District and shall be included hereafter in the Planned Unit Development 3-2008-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 22nd day of January, 2008, 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 12th day of February, 2008. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2008. EXHIBIT A PUD Legal Description — Prairieview Center Facade Remodel Parcel 1: Lot 1, Block 1, Prairie View 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota, except Parcel 81 as shown in Minnesota Department of Transportation Right of Way Plat No. 27-53 Parcel 1A: Easements for ingress and parking as set forth in Declaration of Easements to Provide Ingress, Egress and Parking, dated November 6, 1987, filed December 4, 1987 as Document Number 5354103. Parcel 2: Lot 3, Block 1, Prairie View Center 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Parcel 2A: Easements for ingress and parking as set forth in Declaration of Easements to Provide Ingress, Egress and Parking, dated November 6, 1987, filed December 4, 1987 as Document Number 5354103. This legal description describes the same property as described in First American Title Insurance Company, File No. NCS— 11861 —MPLS, dated August 9, 2004. PRAIRIEVIEW CENTER FACADE REMODEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 3-2008-PUD-3-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 930 Prairie Center Drive within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2008. (A full copy of the text of this Ordinance is available from City Clerk.) PRAIRIEVIEW CENTER FACADE REMODEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRAIRIEVIEW CENTER FACADE REMODEL BY PRAIRIEVIEW RETAIL,LLC WHEREAS, Prairieview Retail, LLC, has applied for Site Plan approval of Prairieview Center Facade Remodel to remodel the shopping center, by an Ordinance approved by the City Council on February 12, 2008; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its December 10, 2007 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its January 22, 2008 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Prairieview Center Façade Remodel based on the Development Agreement between Prairieview Retail, LLC and the City of Eden Prairie, reviewed and approved by the City Council on February 12, 2008. ADOPTED by the City Council of the City of Eden Prairie this 12th day of February, 2008. Phil Young , Mayor ATTEST: Kathleen A. Porta, City Clerk AMENDMENT TO DEVELOPMENT AGREEMENT PRAIRIEVIEW CENTER FACADE REMODEL THIS AMENDMENT TO AGREEMENT,made and entered into as of February 12,2008, by PRAIREVIEW RETAIL LLC,a Delaware Limited Liability Company,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, Developer has applied to City for Developer Planned Unit Development Concept Review on 13.63 acres,Planned Unit Development District Review with waivers on 13.63 acres,Zoning District Amendment in the Commercial Regional Service(C-Reg-Ser)Zoning District on 13.63 acres, and Site Plan Review on 13.63 acres, all situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and hereinafter referred to as the "Property"; WHEREAS, the Property is subject to that certain Development Agreement made and entered into as of May 2, 1986 by between Prairie View Associates and the City of Eden Prairie, a municipal corporation(hereinafter referred to as the"Development Agreement")attached hereto and made a part hereof as Exhibit D, which Development Agreement covers additional real property; WHEREAS, the Property is depicted as the "Amended Area" in the Plans. NOW THEREFORE, in consideration of the City adopting Resolution No. 2008- for Planned Unit Development Concept Review, Ordinance No. _-2008-PUD-_-2008 for Planned Unit Development District Review and Zoning District Amendment in the Commercial Regional Service (C-Reg-Ser) Zoning District on 13.63 acres, and Resolution No. 2008-_ for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. Developer shall develop the Property in conformance with the materials revised and dated January 14,2008,reviewed and approved by the City Council on January 22, 2008,and attached hereto as the Plans,subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms,covenants,agreements,and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints,loss,costs(including attorneys' fees),damages and injunctions relating to any acts,failures to act,errors,omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release,defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property,Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. FUTURE DEVELOPMENT: Developer acknowledges that the City has approved development plans only for a façade remodel,as depicted in the Plans. Concept Plan approval is granted for a 5,000 square foot bank. Prior to any development or construction of the Concept Plan, as depicted in the Plans, Developer shall be required to submit detailed development plans, and all other submittals required by the Eden Prairie City Code,and obtain approval of those plans and submittals by the Planning Commission and City Council. 7. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): • Exterior materials waiver from 75%to 72% for Building B as depicted in the Plans. 8. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind,size,material construction,and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 9. Developer ratifies and reaffirms all of the terms and conditions and accepts the obligations of"Developer"under the Development Agreement, except as amended by this Agreement. 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 Praireview Retail LLC, a Delaware limited liability company By United Properties Investment LLC, By A Minnesota limited liability company Phil Young Its Manager Its Mayor By By Print Scott H. Neal Its Its City Manager By Print Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 12th day of February, 2008, 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 , 2008,by ,the of United Properties Investment LLC,which is the manager of Prairieview Retail, LLC, a Delaware Limited Liability Company on behalf of the limited liability companies. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A-AMENDMENT TO DEVELOPMENT AGREEMENT PRAIRIEVIEW CENTER FACADE REMODEL Legal Description: Parcel 1: Lot 1, Block 1, Prairie View 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota, except Parcel 81 as shown in Minnesota Department of Transportation Right of Way Plat No. 27-53 Parcel 1A: Easements for ingress and parking as set forth in Declaration of Easements to Provide Ingress, Egress and Parking, dated November 6, 1987, filed December 4, 1987 as Document Number 5354103. Parcel 2: Lot 3, Block 1, Prairie View Center 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Parcel 2A: Easements for ingress and parking as set forth in Declaration of Easements to Provide Ingress, Egress and Parking, dated November 6, 1987, filed December 4, 1987 as Document Number 5354103. This legal description describes the same property as described in First American Title Insurance Company, File No. NCS— 11861 —MPLS, dated August 9, 2004. EXHIBIT B SUPPLEMENT TO DEVELOPMENT AGREEMENT PRAIRIEVIEW CENTER FACADE REMODEL PLANS 1. Sheet A0.1, Existing Site Plan dated 11/26/07 by Shea. 2. Sheet A1.1, Construction Plan dated 11/26/07 by Shea. 3. Sheet A7.1, Exterior Elevations dated 11/26/07 by Shea. 4. Sheet A7.2, Exterior Elevations dated 11/26/07 by Shea. 5. Sheet A10.1, Details, dated 11/26/07 by Shea. 6. Sheet L1.1, Landscape Plan, dated 11/26/07 by The Lawn Ranger. 7. Sheet A0.2, PUD Concept Plan dated 11/26/07 by Shea. EXHIBIT C -AMENDMENT TO DEVELOPMENT AGREEMENT PRAIRIEVIEW CENTER FACADE REMODEL Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. V. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VI. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,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. VIII. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIII. Prior to building permit issuance, except as otherwise authorized in 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. XIV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XV. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVI. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XVIII. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XIX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XX. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D AMENDMENT TO DEVELOPMENT AGREEMENT PRAIRIEVIEW CENTER FACADE REMODEL Development Agreement between Prairie View Associates and the City of Eden Prairie for Prairie View, dated May 2, 1986. Prairie View DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into a 2, / �j , 1986, by Prairie View Associates, a Minnesota 40* p - nership, hereinafter referred to as "Developer," and the CITY OF EDEN ` ' RIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from the Rural District to the Commercial Regional Service District for 16.17 acres, and preliminary plat of said 16.17 acres into three lots, for purposes of construction of a retail center, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #4-86, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated --2-4a -- , 1986, reviewed and approved by the City Council on Fbruary 4, 1986, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release by the City of the final plat, Developer shall request, and receive approval from, the Minnesota Department of Transportation for a permit to allow for grading, berming, and planting within the excess right-of-way along Plaza Drive, as depicted in Exhibit B. 4. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 5. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's approval of: A. A revised landscape plan which meets the minimum Code requirements for amount of landscape materials and which screens parking areas, loading areas, and the north side of the project from adjacent roadways and land uses. Developer shall also submit sight lines through the property from adjacent properties and roadways to show the effectiveness of the landscape plan for screening. B. A final plan indicating lighting for the property. C. A final plan indicating the signage program, with details regarding materials. D. A final plan indicating exterior building materials, including brick and metal panels, as well as materials to be used for screening of mechanical equipment on the structures. Bronze metal panel shall be used, instead of wood, for Lot 2 of the property, as depicted on Exhibit B, attached hereto. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and Year aforesaid. CITY OF EDEN PRAIRIE Gary D. eter on, ayor Carl J. Ju li , City Manager STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The for going instrument was acknowledged before me this 5 ..- day of 7f , 1986, by Gary D. Peterson, the Mayor, and Carl J. Jullie, the City Manag , of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. ATE KARMAS k:GE�`r/Ita jZ *it KATE PUBLIC—MINNE60TA NotaryPublic HENNEPIN COUNTY My commission expires Apr. 8, i989 PRAIRIE VIEW ASSOCIATES Its — 7L(/' ,72 By Its STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this n`` day of /4/)a , 1986, by �'�,v `f�� T1. j;5/-' , and „4rlc� j.� r��e , general/ partners of Prairie View Associates, a Minnesota general partnership on behalf of the partnership. Notary Public ; " TERESA F. BURNHAM l NOTARY PUBLIC-MINNESOTA `� J HENNEPIN COUNTY My commission expires 3-2-93 • •EXHIBIT,A 1.. PROPERTY DESCRIPTION • PLATTING LEGAL That part of the South 1/2 of the Southeast 1/4 of. Section 10, T116, R22, A t County, Minnesota, described asfollows: Hennepin • Beginning at the northeast corner of the South 1/2 of the Southeast 1/4 of said Section 10; Thence S 0°30'52" E (Bearing assumed) along the east line of said South 1/2 a distance of 699.39 feet to the northerly right of way line of State Trunk Highway No. 169 as described per Doc. No. 3400637; Thence S 77°16'00" W along said right of way a distance of 750.81 feet; Thence N 76°29'50" W a distance of 154.53 feet; Thence N 38°27'43" W a distance of 31.50 feet; Thence N 0°25'30" W a distance of.765.44 feet to a point distant 37.50 feet southerly from the North line of said South 1/2; Thence N 89°55'16" E parallel to and distant 37.50 feet southerly from said North line a distance of 227.77 feet to the most southwesterly corner of Minnesota Tree Second Addition as platted and of record; Thence N 89°55'16" E along the southerly line of said Minnesota Tree Second Addition a distance of 64.12 feet; Thence N 0'04'44" W along said southerly line a distance of 37.50 feet to the North line of said South 1/2 of the Southeast 1/4; Thence N 89°55'16" E along said North line of the South 1/2 said North line also being the southerly line of Minnesota Tree Second Addition and Prairie Wash Addition, a distance of 609.53 feet to the point of beginning. r ZONING LEGAL That part of the South 1/2 of the Southeast 1/4 of Section 10, T116, R22, treTreVyatity, Minnesota, described as follows: Beginningff at the northeast corner of the South 1/2 of the Southeast 1/4 of said Section 10; Thence S 0°30'52" E (Bearing assumed) along the east line of said South 1/2 a distance of 699.39 feet to the northerly right of way line of State Trunk Highway No. 169 as described per Doc. No. 3400637; Thence S 77°16'00" W along said right of way a distance of 750.81 feet; Thence N 76°29'S0" W a distance of 154.53 feet; Thence N 38°27'43" W a distance of 31.50 feet; Thence N 0°25'30" W a distance of 765.44 feet to a point distant 37.50 feet southerly from the North line of said South 1/2; Thence N 89°55'16" E parallel to and distant 37.50 feet southerly from said North line a distance of 227.77 feet to the most southwesterly corner of Minnesota Tree Second Addition • as platted and of record; Thence N 89°55'16" E along the southerly line of said Minnesota Tree Second Addition a distance of 64.12 feet; Thence N 0'04'44" W along said southerly line a distance of 37.50 feet to the North line of said • South 1/2 of the Southeast 1/4; Thence N 89°55'16" E along said North line of the South 1/2 said North line also being the southerly line of Minnesota Tree Second Addition and Prairie Wash Addition, a distance of 609.53 feet to the point of beginning. EXCEPT: That part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 116 North, Range 22 West of the 5th Principal Meridian described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter; thence on an assumed bearing of North 0 degrees 30 minutes 52 seconds West, along the east line of said Southeast Quarter of the Southeast Quarter, a distance of 915.31 feet to the point of beginning of the land to be described; thence South 89 degrees 29 minutes 08 seconds West a distance of 215.00 feet; thence North 0 degrees 30 minutes 52 • seconds West, parallel to said east line a distance of 202.07 feet; thence- North 89 degrees 29 minutes 08 seconds East a distance of 215.00 feet to said east line; thence South 0 degrees 30 minutes 52 seconds East, along said east line to the point of beginning. DEVELOPER'S AGREEMENT EXHIBIT C I. Prior to release of final plat, 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, watermain, 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. Presently, the amount of cash park fee applicable to the property is $2,300.00 per acre. The amount to be paid by Developer shall be increased or decreased to the extent that the City Code is amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer, or conveyance of any real property or interest therein to the City as provided herein, Developer shall deliver to the City an opinion addressed to the City by an Attorney, and in a form applicable to City as to the condition of the title of such property, or, in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred, or conveyed as may be provided herein by Developer to the City shall vest in City good and marketable title thereon, free and clear of any mortgages, liens, encumbrances, or assessments. V.A. All sanitary sewer, watermain, and storm sewer facilities, concrete curb, gutters, sidewalks, trails, streets, site grading, and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval . All of the improvements shall be completed by Developer and acceptable to the City Engineer and shall be free and clear of any lien, claim, charge, or encumbrance, including any for work, labor, or services rendered in connection therewith, or materials or equipment supplied therefor, on or before two (2) years from the date hereof. Upon completion and acceptance, Developer warrants and guarantees the improvements against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said two-year period, warranty or guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in materials or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as the City Engineer may impose at the time of acceptance. Developer, through Developer's engineer, shall provide for competent daily inspection during the construction of all improvements. As- built drawings with service and valve ties on reproduceable mylar shall be delivered to the City Engineer within sixty (60) days of completion thereof, together with a written statement from a registered engineer that all improvements have been completed, inspected, and tested in accordance with City-approved plans and specifications. Prior to final plat approval , Developer shall : Submit a bond or letter of credit which guarantees completion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V.A., including, but not limited to, a guarantee against defects in materials or workmanship for a period of two (2) years following completion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer, and receipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Developer's registered professional engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting (public streets) , engineering review, and street signs. VI.A. Developer shall remove all soil and debris from, and clean all streets within and abutting the property at least every two (2) months (or within one week from the date of any request by City) , during the period commencing May 1 and ending October 31 of each year, until such time as such streets and improvements therein are accepted for ownership and maintenance by City. Prior to City accepting streets and improvements, Developer shall have restored all boulevards according to the obligations contained within paragraph VI.B. B. Within twenty (20) days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year), Developer shall sod (secured with a minimum of two (2) stakes per roll of sod) that part of the property lying between said curb and a line 18+ inches measured perpendicular with the curb, or, in lieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a maximum of six (6) feet apart) . Either sod or fiber must be placed upon a minimum of four (4) inches of topsoil . The topsoil shall be level with the top of the curb at the curb line and rise one-half inch (1/2") for each foot from the curb line. Developer shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accepted for ownership and maintenance by City. • Developer shall also sod all drainage swales serving each 1.5 acres a minimum distance of six (6) feet on either side of the center of the swale. C. The bond or letter of credit provided in paragraph V.A. hereof shall also guarantee the performance of Developer's obligations under this paragraph VI. VII. City shall not issue any building permit for the construction of any building, structure, or improvement on any land required to be subdivided until all requirements listed above have been satisfactorily addressed by Developer. VIII. Developer shall submit detailed watermain and fire protection plans to the Fire Marshall for review and approval . Developer shall follow all the recommendations of the Fire Marshall . IX. 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 rezoning of said property to Rural . X. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the property herein described. XI. Developer represents and warrants that they own fee title to the property free and clear of mortgages, liens, and other encumbrances, except: Walter Carpenter XII. Developer acknowledges that the rights of City to performance of obligations of Developer contemplated in this Agreement are special , unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce performance of such covenant. 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 any one or more remedies shall not constitute a waiver of any other remedy. XIII. Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be void and of no force or effect to the extent necessary to bring such term within the provisions of any such applicable law or laws, and such terms as so modified and the balance of the terms of this Agreement shall be enforceable. XIV. Developer shall , prior to the commencement of any improvements, provide written notice to Rogers Cablesystems, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Rogers Cablesystems, 801 Plymouth Avenue North, Minneapolis, MN 55411. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Randy L. Slick Final Plat Approval of Enterprise Rent-A- Public Works/Engineering Car Requested Action Move to: Adopt the resolution approving the final plat of Enterprise Rent-A-Car. Synopsis This proposal is for the plat located at the northwest quadrant of the Venture Lane and State Highway No. 5 intersection. The plat consists of 1.60 acres to be divided into one lot and one outlot. This is a replat of Outlot D, Gonyea 4th Addition. Background Information The preliminary plat was approved by the City Council on December 18, 2007. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on January 22, 2008. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$320.00 • Receipt of street lighting fee in the amount of$454.41. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreement for trunk utility improvements. • The requirements as set forth in the Developer's Agreement. • Prior to release of the final plat, Developer shall submit and receive approval of a Wetland Plan by the Environmental Coordinator. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING FINAL PLAT OF ENTERPRISE RENT-A-CAR WHEREAS, the plat of Enterprise Rent-A-Car has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Enterprise Rent-A-Car is approved upon compliance with the recommendation of the City Engineer's report on this plat dated February 12, 2008. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on February 12, 2008. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk ENTERPRISE RENT-A-CAR C.R. DOC. NO. I ,. v/F--:-- [.. ''-'E,[:,,-,-, ' • ts %NOW ALL MEN.THESE PRESEMIS:Th..Paul F Gonyee.LLC a Minnesota limited liabilly company.fee owner o”he following described 1 rr--'-----.J -r •tr dr-)f,i• property situated in Me County M Hennepin.Male ar Mineeecitm PriMt. Cutial,GONYeA ATH ADDITION_except that part Mewed depicted as Parcel 3160 on blinnasom Department of Transportation Right of Way Plan Numbered 27-45 as the sum is ea file and or record in the once of:he County Recorder in a.ler Hennepin County.laiknageta._ caused Ihe same to be sumeyed a no matted as ENTEBBRISE RENT-A CAR and does hera,donate end dedicate to the poblic for public use M i forever the easements Wm drainage and Mlity purposes as shown on this plat. witness whereof said Paul F.Ganyea.LL C.a Minnescla denied rability company has caused Ihmse presents lo be signed by its proper otricer day of ,d,L•20, • PAUL F.GONYEA.LLC .„..- WIATE OF MINNESOTA COUNTY OF HENNEPIN • .3.3 ti,Sh•3 dr ..ateB4 -9-0. / edn 1 .' The foregoing inelidnent was acknowledged before me this day of ..gprt , Ahe .of Paul F Ganyea.L.,.a Minnesota limited liability company on behalf erne company. Notary Public Hennepin Comte Ittione.... ...., bly Commission Expires / 1..-i, •. L hereby certify that tEs plat at ENTERPRISE RENT-A CAR is a comeci mpresentation of the ticurtdary survey:that ail mathematical data and • labels are correctly designated on the plat,3.1 al,monuments depicted an the pni have been or witl be correctly set within one year as indicated dr I on the phati that all water Mt ricartes and wet mills as Of the oate or the surveyors cern.cad-on are shown and labeled on Me pled Ihm al.gubric . , OUTLOT A /--\-4, 1 • • are shown and labeled on the plat I fer:Inei certiry that this plat was prepared by me OF under my Mrect supervision and that I am a duly -• .; '• "- I lineneed land survemr under the laws of Me State or-Minnesota trj. .rryi L''' / ip Lot 1-nt Jeffrey B dirdgren_Licensed Land Serve, Minnesota License Number.373 N / 4". 1 A; -'I! a_ ,.•. ;t: 1 STATE OF MINNESOTA .. COUNTY OF IDANO1A I :7 Li-•B:.:X'• I r r!-: . Phe foregoing surveyors certificate was acknowledged before rre.s daY 9, 200 by Jeffrey D.Leda rend BLOCK1 1! ..-', ''.F.'• Lu ; :-.':,E. I Licensed Land Surngeo r- f -- yI Notary Public.Dakota County.Minnesota / trn • it". - lay ConwnWsion Empires -—--_ EDEN PRAIRIE,MINNESOTA I 1 . Thia plat of ENTERPRISE RENT-A GAR was aparoved and accepted 17 rte.9-1 Ccune:...et,i'D'ii,.1999d9t9 9.a reguia.meeting trAfeet : 33. I P9id 9.tIm day ol .23C___If applicable- the*often comments and fecommendatiens of the Commissioner Di Transportatien and the County Highway Engineer have been received by the city cr the prescribed 3D day period has elapsed without receipt of -- II--r i -. 3_3 such mirrinems and iecommendations.as provided ay Mirnesota Smtates Section 505....Subdivision 2 CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA , r r'lm I r P-- S59.57•00-W 104,79 — _... . . ----- •2.———r-— l',7i ; •-.7-- I ...,r, An013.2•117" 2n7MT:--- —I- m.....— A._4 ----Right of Woy line per On Dept.of Trans.P/P1 PIM No.27-46 Dentertine of 70 Foot NorMam States Powaf Ocimpony EmntNo..6336.7--/ 269. riil I TAXPAYER SERVICES DEPARTMENL HENNEPIN COUNTY,MINNESOTA r 3 71,,T EE ,"","•"" r1:.,:-.•.":A r- r':,.'d. rr"-6rEE•g,. tr. Mr. L _ Memby certgy that taxes payable in and pmor years have been paid in MI-for at land descAbed on this plat Doted IhA day of MO . ---- Eec.8..T1I6d Br22 i'ltrhr DEP T. C F TR ANS. P.i.2.H.T CF-"Z‘:'A';' P'.,_..t,,,.- NC. :;:r7-Zi.r...-:'. tr[1:1 ttrinerr3r ant Ji I L.Alvetson.Hennepin County Aud ter By' Deputy SURVEY DIVISION,HENNEPIN C.O.,.MINNESOTA DiD1,1121,to 1.1.innesMa Statutes.Section 3.3636.19361.this p"has teen"Wm'.Mia day of William P.Brown.Hennepin County Sm-vey." sy. COUNTY RECORDER.HENntEPIN COUNT,MINNESO1A rinuiTZat LIMity Easem,.ore I hereby ceriry that the-.Mini plat of ENTERPRISE REIP--A CAR wss LIM tor record in this office this day of at_Molcck_A. 3B 3B LIAlmel Yr Cunnirf County Recorder 9y- BePutY 1 i 1' 1 •Denote,1/2 ua hem PO sBItre't'Iirne'rerelrahWuranntredronldn' ...numeo,feu^. iiitt 316.60 50 36 0 Denotes 1/2 ba,by 14 PM irm HEDLUND Tto,r,p1=.3,-.-.1,T..0.,- pipe monument aet and mark.by CODIDD go.1.76. Scale in Feet PL4NNING ENG/NEER/1(G SURYEVING CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Mary Krause Approve Extension of Conditional Use Public Works/Engineering License Agreement No. A12099 with Hennepin County for Provision of Electronic Data for Mapping Purposes Requested Action Move to: Adopt the resolution extending Conditional Use Agreement No. A12099 with Hennepin County from December 31, 2007 to December 31, 2008 for electronic geographical digitized data for use in mapping of the City. Synopsis Hennepin County has provided electronic digitized half-section map data to the City of Eden Prairie. The City uses this data to produce mapping. The original Agreement was approved by Council on February, 2, 1999. Attachments • Resolution • Hennepin County Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008 - EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT No. A12099 WITH HENNEPIN COUNTY FOR THE PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES WHEREAS, a Conditional Use Agreement has been previously approved which identifies the obligations regarding the transfer and use of electronic digitized data files for use in mapping; and WHEREAS, the City Engineer recommends approval of the extension of said Conditional Use License Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie That said extension of Conditional Use License Agreement is hereby approved and the Mayor and City Manager are authorized to execute the extension of the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on February 12, 2008. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Hennepin County Taxpayer Services Department ROMlePiit Survey Division - Suite A-703 612.348.3131 Phone Hennepin County Government Center 612.348.2837 Fax Minneapolis, Minnesota 55487 www.co.hennepin.mn.us January 14, 2008 Mary Krause, Design Engineering City of Eden Prairie 8080 Mitchell Rd. Agreement# A12099 Eden Prairie, MN 55344-2230 Hennepin County desires to extend the above referenced EPDB Conditional Use License Agreement through December 31, 2008. If you as a Government Unit, Consultant/Third Party or Private Corporation, desire to extend the above-reference Agreement, the following requirements must be satisfied as they pertain to your entity. Please return the required information to Hennepin County,Attention: Robert Moulder(at the address stated at the top of this page). A.) GOVERNMENTAL UNIT MUST FURNISH TO THE COUNTY A COPY OF THE ACTION OF USER'S GOVERNING BODY AUTHORIZING THIS AGREEMENT EXTENSION. HOWEVER, IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. NOTE:SUCH OFFICIAL MUST ATTACH TO THIS LETTER A COPY OF THEIR STATUTORY OR CHARTER AUTHORITY TO APPROVE THE AGREEMENTS. B.) CONSULTANT/THIRD PARTY MUST PROVIDE THE COUNTY A COPY OF AFFIRMATION BY GOVERNMENTAL UNIT THAT YOU WILL CONTINUE AS CONSULTANT AS STATED IN AGREEMENT NO. THROUGH THE YEAR 2008. IN ADDITION, CONSULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. C.) PRIVATE CORPORATION MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKNOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. .. E As authorized by the Agreement and noting the above requirements,which pertain to you specifically, please indicate below your intention to extend or not to extend this agreement through the year 2008. Please return the originals of this page and the acknowledgement page and a copy of affnination as Consultant/Third Party,as required,to the attention of Robert Moulder at the address shown at the top of page 1 as soon as possible. Please check (X) appropriate box. It IS our intention to extend this agreement through the year 2008. It is NOT our intention to extend this agreement through the year 2008. We no longer require this information. Signature: Date: Authorized Signature Title: If you have any questions about this notice,please call Robert Moulder at 612-348-2618 for assistance. Sincerely, Richard P. Johnson County Administrator CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5708 ITEM NO.: VIII.E. Jim Richardson Resolution Authorizing Acquisition of Public Works/Engineering Easements for Flying Cloud Drive Improvements Requested Action Move to: Approve a resolution authorizing the City Engineer and City Attorney to pursue the acquisition of easements for Flying Cloud Drive improvements. Synopsis This process is necessary to obtain easements from the adjoining properties for the continuance of the trail system connection to Shady Oak Road. Background The City and Liberty Plaza have entered into an Agreement stating that Liberty Plaza will construct a trail adjacent to Flying Cloud Drive along the length of their property. Attachments • Resolution • Exhibit showing the affected properties CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008 - RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR FLYING CLOUD DRIVE IMPROVEMENTS I.C. 07-5708 WHEREAS, the Eden Prairie City Council previously ordered the Flying Cloud Drive improvements (I.C. 07-5708); and WHEREAS,the easements over adjoining property are required to construct the improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City Engineer and City Attorney are hereby authorized to acquire the necessary easements, by negotiation or condemnation, on the following properties: Parcels 01-116-22-34-0012, 01-116-22-34-0017 and 01-116-22-34-0018 ADOPTED by the Eden Prairie City Council on February 12, 2008. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk • 47 i,,, 9° -- 4.• , t..7. i'27/ ^ ...Lli's.. 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Cliff Cracauer 2008 Equipment Replacement Fund Schedule Public Works/Fleet Services Requested Action Move to: Approve purchase of replacement vehicles and equipment as listed in the 2008 Budget. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and replacement schedule. Annual budget requests are created from the Equipment Replacement Fund and submitted for approval. Attachment 2008 Replacement Vehicle/Equipment Purchase List TO: Gene Dietz FROM: Cliff Cracauer DATE: January 23, 2008 SUBJECT: 2008 Replacement Vehicle Purchases Here is the list of replacement vehicles and equipment for the year 2008: Service Area 'Replacemen tal Cost Streets 106 Target Concrete Saw $ 22,000.00 189 Tanker refurbish $ 45,000.00 164 Ford $ 172,000.00 Subtotal $ 239,000.00 Police Department Police 229 Crown Victoria $ 26,000.00 252 Crown Victoria $ 26,000.00 253 Crown Victoria $ 26,000.00 255 Crown Victoria $ 26,000.00 263 Ford F150 $ 25,000.00 270 Chevrolet Impala $ 17,500.00 Subtotal $ 146,500.00 Fire Department 350 Chevrolet CK15753 $ 24,000.00 359 Ford Expedition $ 24,000.00 Subtotal $ 48,000.00 Park and Recreation Park Maintenance 430 Power Boss Sweeper $ 52,000.00 444 Olathe Turf Sweeper $ 15,000.00 450 Case International $ 95,000.00 470 Bandit 250XP $ 38,000.00 482 Trackless $ 100,000.00 Subtotal $ 300,000.00 Water/Water Utilities 721 GMC Sierra $ 35,000.00 724 Chevrolet 2500 $ 35,000.00 Subtotal $ 70,000.00 Total all purchases $ 803,500.00 K:\Maintenance Facility\Cliff\Consent Calendar\2008 Replacement Vehicle Purchases-1-23-08 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 07-5698 ITEM NO.: VIII.G. Leslie Stovring Erosion Stabilization Study Project for the Public Works/Environmental Lower Minnesota River Watershed District Requested Action Move to: Approve the proposal from SRF Consulting for completing the Final Design Plans and Specifications for stabilization and restoration of Study Area 4 within the Lower Minnesota River Watershed District at a cost of$35,700. Synopsis Lower Minnesota River Watershed District has requested that the City partner with the District to stabilize and restore four (4) areas that have eroded within the Minnesota River valley. This proposal is for the first area which the District wants to address, Study Area 4. The District has authorized a cost share of fifty percent (50%), up to a maximum of$75,000, for consulting and construction costs associated with this project. The remaining costs will be paid out of the stormwater utility fund as part of our stormwater permit program. Background Information Study Area 4 is a portion of Purgatory Creek south of Pioneer Trail. The Study Area includes two culverts leading to an eroded streambank adjacent to a wetland and two steep bends immediately downstream of the wetland. The bank is water-logged between the wetland and stream and the concern is that this might erode without stabilization. The District has requested that this area be addressed first. The scope of work for this proposal includes: • Final geotechnical design for approval by the City and District, including attending a meeting with the District to review the plans • Preparation of the bid documents • Preparation of a Stormwater Pollution Prevention Plan (SWPPP) • Application for permits from the MPCA and MDNR • Construction administration and inspection Financial Information The preliminary estimate for construction costs is $126,000 plus consulting fees of$35,700 for a total estimated project cost of$161,700. Of this amount, $75,000 would be reimbursed by the Watershed District and the remainder would be paid out of the stormwater utility fund. The City would request additional funds from the Watershed District after the bids are received if the final costs exceed $150,000. Attachments • SRF Proposal • Study Area 4 Feasibility Study CONSULTING G ROUP, INC . 1 MiNNFAVOL1S I 1-A1Z0-0. E N.G NEERS j PLANNERS DESIGNERS MADISON February 12,2008 Ms.Leslie Stovring Environmental Coordinator CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,Minnesota 55344 'SUBJECT: EROSION STABILIZATION STUDY PROPOSAL FOR PROFESSIONAL SERVICES FOR PREPARATION OP FINAL DESIGN PLANS AND SPECIFICATIONS AND CONSTRUCTION INSPECTION FOR STUDY AREA 4 EDEN PRAIRIE.,Is/i .listisIESOTA Dear Leslie: Based on your request,we are pleased to submit this proposal to provide professional services to prepare the constmetion docUmenta and narrating referenced project, SCOPE OF SERVICES The scope of services includes final design docurnents,permits, and construction administration. The documents will he based on the preliminary stabilization study documents that were submitted in January 2008 for the project area. Based on this document, as well as our understanding of the current requirements, we propose a scope of services as shown below, details of which are contained lathe attached spreadsheet. ASSUMPTIONS The Scope of Services and-costs are based on the following assturiptions. • All survey for final desism Will have been collected during the FiasibilitySdyphase. • Bidding process will be conducted by'SIZE Advertisement will be completed by the City. Full City bidding process will be utilized. = SRF will undertake construction administration duties, and prepare all payment and closeout documentation Assumes inspector is on site up to two hours each day when active construction is underway. www.srfconsuiring,corn One CarIxon Parkway North,.2..ini1e 150 I Minneapolis.,MN 55447-4443 763,475.0010 Fax:763,475.2429 An Egad Opportunity Employer Ms,.Leslie Stovring -2 - February 12,2008 a Construction inspection included a limited number of alternative materials requests, a Gale-Tee Engineering will provide geotechnical design and CA services as a suhconsuitantto SRF. a All survey for final design will have been collected during Feasibility Study phase. a Construction will take approximately four(4)weeks to complete. a All terms and conditions set forth in Contract No. 07-5698, "Erosion Stabilization Feasibility Study," will remain in effect This includes the Standard Agreement for Professional Services dated July 31,2007.. SCHEDULE underkand that you would like to bid.the Project this winter for a late Winter or early summer constmctibn. With that in mind, we will work with you to develop a design and bid process schedutethat winneettbi$goEd. BASIS OF PAYMENT/BUDGET We propose that we be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, reproduction,etc.,will be billed at cost,and mileage will be billed at the current allowable IRS rate for business miles. Based on our understanding of the project and our Scope of Services,we estimate the cost of our services to be $35,700, which includes time and expenses for both SRF and Gale-Tee Engineering Additional services that may be requested will be billed on the same time and expense basis. SCOT SUMMARY AIM COSTS 4 Final Stabilization Design and Bid Document Preparation $12,93$ Permitting $ 4,050 Construction Administration $14,718 Oak-Tee Engineering $ MOO Expenses—reproduction, vehicle mileage, etc. $ 594 Total $35,700 Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Ms.Leslie Stovring -3 - February 12,2068 CHANGES IN THE SCOPE OF SERVICES/ADDITIONAL SERVICES It is understood that if the scope or extent of work changes or additional services are requested, the ceSt will be adjusted accordingly. Before any out-of-scope or additional service work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authori7Ition from you. NOTICE TO PROCEED A signed copy of this proposal or a separate letter of authorization, either mailed or fed to our office,will serve.as our to proceed. Our fax number is 763-475-2429, We'sincerely appreciate your consideration of this proposal and leek forward to Working With you on this project. Please fuel free to contact us if you have any questions or need additional information. Sincerely, APPROVED: SRF:CQNSWINGO49uPjC; ( ignatufd) Name W C.Eshenaur,P P.E. Senior Associate Title Date f POW Filipiak,P.E Principal .SRP P07672 DWFAVCE/Snif Attachment !This cost propo-sal is valid for a period of P.O doys, .SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. 1/16/2u WORK TASKS AND P.. :HOUR ESTIMATE Page 1 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT:SRF CONSULTING GROUP,INC. SUBCONSULTANTS:Gale-Tec Engineering PROJECT: STUDY AREA 4 STABILIZATION FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS FEE 1.0 Stabilization Final Design and Bid Documents 1.1 Prepare 60%construction plans and details for review by the City of Eden 1 2 4 24 0 16 0 47 Prairie and Lower Minnesota Watershed District. Plans will include layout, details,cross sections of selected stabilization solution(s). Includes embodiment of geotechnical recommendations and preliminary engineer's cost estimate. Half-size(11x17)format will be used. Includes performing a design level Gopher-One utility locate request. 1.2 Prepare 100%final signed construction plans for inclusion in bid documents. 1 2 4 16 0 12 0 35 Includes all plans,details, typicals,cross sections and construction notes needed for successful implementation during the dormant season.Half-size (11x17)format will be used. 1.3 Prepare specifications and a submittal register and assemble all bid 1 2 8 16 0 4 16 47 documents. Includes functioning as bid documents distributor,keeping the plan-holder's list,and issuing up to one amendment. 1.4 Prepare preliminary(60%)and final(100%)engineer's cost estimates and 0 1 2 6 0 0 0 9 schedules of estimated quantities. 1.5 Attend up to two design and/or board meetings as needed. 0 6 6 0 0 0 0 12 Assumptions: -Bidding process will be conducted by SRF. Advertisement will be completed by the City. - Full City bidding process will be utilized. - All survey for final design will have been collected during Feasibility Study phase. Deliverables: -60%construction plans,quantities,and engineer's cost estimate. -100%signed construction plans,quantities and engineer's cost estimate -Bid documents,plan holder list,one amendment(if required) SUBTOTAL-TASK 1 3 13 24 62 0 32 16 150 $12,938 2.0 Permitting 2.1 Prepare and submit the necessary documentation to the Lower Minnesota 1 2 4 8 0 2 1 18 Watershed District for a successful board review. 2.2 Prepare a Storm Water Pollution Prevention Plan(SWPPP)and the 0 2 4 8 0 2 1 17 necessary NPDES Phase II Construction Activities permit application for inclusion in bid documents. 2.3 Prepare and submit an individual application to the MnDNR for work within a 0 2 2 6 0 0 1 11 water of the state and respond to enquiries SUBTOTAL-TASK2 1 6 10 22 0 4 3 46 $4,050 SRF CONSULTING GROUP.INC. H:\Projects\62051WR1EXCEL\ProjMgrnap07672 EPStudyArea4Stabil¢ationFinalDesign.xls ENGINEERS AND PLANNERS MfNNEAPOLIS.MN. 1/16/20. WORK TASKS AND P. .HOUR ESTIMATE _ Page 2 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT:SRF CONSULTING GROUP,INC. SUBCONSULTANTS:Gale-Tec Engineering PROJECT: STUDY AREA 4 STABILIZATION FINAL DESIGN *****ESTIMATED PERSON-HOURS***** ESTIMATED TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS EU. 3.0 Construction Administration 3.1 Attend pre-bid meeting,bid opening,preconstruction meeting,and all 0 12 24 0 0 0 0 36 construction meetings 3.2 Review required shop drawings and materials submittals,respond and 0 2 2 8 0 0 0 12 review those that require resubmittal. Includes review and response to two alternative materials requests. 3.3 Complete ail payment requests,a punch list and final construction close-out 0 4 12 16 0 0 0 32 documentation. 3.4 Conduct daily site visits for construction inspection,conduct placed 0 3 10 16 0 50 0 79 materials quantity checks,complete daily logs,review time-and-materials submittals,approve payment requsts,etc. Assumptions: -SRF will undertake construction adninistration duties,and prepare all payment and closeout documentation. Assumes inspector is on site up to two hours each day when active construction is underway. - Includes a limited number of altemative materials requests and one amendment(if necessary) -Construction will take approximately 4 weeks to complete SUBTOTAL-TASK 3 0 21 48 40 0 50 0 159 $14,718 SRF CONSULTING GROUP.INC. H:1ProjeMs\62051WR1EXCEL\ProjMgmttP07672 EPStudyArea4Stabil¢atianFinalDesign.xls ENGINEERS AND PLANNERS MINNEAPOLIS,MN. 111626 WORK TASKS AND P. ,-HOUR ESTIMATE -. ._. Page 3 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT:SRF CONSULTING GROUP,INC. SUBCONSULTANTS:Gale-Tec Engineering PROJECT: STUDY AREA 4 STABILIZATION FINAL DESIGN *****ESTIMATED PERSON-HOURS'**** TASK NO. WORK TASK DESCRIPTION ESTIMATED PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS FEE TOTAL ESTIMATED PERSON HOURS 4 40 82 124 0 86 19 355 AVERAGE HOURLY BILLING RATES $142 $120 $96 $76 $67 $91 $64 ESTIMATED LABOR AND OVERHEAD $568 $4,800 $7,872 $9,424 $0 $7,826 $1,216 $31,706 ESTIMATED DIRECT NON-SALARY EXPENSES: $3,994 TOTAL ESTIMATED FEE $35,700 • ESTIMATE OF DIRECT NON-SALARY EXPENSES: MILEAGE: 800 miles© $0.505 $404 REPRODUCTION:Bid documents $190 COMMUNICATIONS: $0 SUPPLIES: $0 SUBCONSULTANTS: Gale-Tec Engineering(Geotechnical) $3,400 ESTIMATED DIRECT NON-SALARY EXPENSES $3,994 SRF CONSULTING GROUP.INC, H:1Projecls1620S1WR1EXCEL1ProjMgmttp07672 EPStudyAree4StabilizationFinelDesign.xls ENGINEERS AND PLANNERS MINNEAPOLIS,MN. vt6no WORK TASKS AND PL .HOUR ESTIMATE Page 4 CLIENT: CITY OF EDEN PRAIRIE CONSULTANT:SRF CONSULTING GROUP,INC. PROJECT: STUDY AREA 4 STABILIZATION FINAL DESIGN SUBCONSULTANTS:Gale-Tec Engineering *****ESTIMATED PERSON-HOURS***** TASK NO. WORK TASK DESCRIPTION ESTIMATED PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF. PROF. TECHNICAL CLERICAL TOTALS FEE COSTS PER TASK 1.0 Stabilization Final Design and Bid Document $426 $1,560 $2,304 $4,712 $0 $2,912 $1,024 $12,938 2.0 Permitting $142 $720 $960 $1,672 $0 $364 $192 $4,050 3.0 Construction Administrator $0 $2,520 $4,608 $3,040 $0 $4,550 $0 $14,718 4.0 0 $0 $0 $0 $0 $0 $0 $0 $0 5.0 0 $0 $0 $0 $0 $0 $0 $0 $0 6.0 0 $0 $0 $0 $0 $0 $0 $0 $0 7.0 0 $0 $0 $0 $0 $0 $0 $0 $0 ESTIMATED DIRECT NON-SALARY EXPENSES: $3,994 TOTAL ESTIMATED FEE $35,700 SRF CONSULTING GROUP.INC. H:1ProjeMs182051WR1EXCEL1ProjMgmt{Pt17672 EPStudyArea4StabilizationFinalDesign.xls ENGINEERS AND PLANNERS MINNEAPOLIS.MN. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Sue Kotchevar, Office of the Resolution for reimbursement of prior City Manager/ expenditures Requested Action Move to: • Adopt Resolution declaring the City's official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Synopsis IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution, the City is declaring their intent to issue bonds to finance certain facilities projects. The reimbursement resolution indicates the maximum amount of bonds expected to be issued for the project is $1.0 million. The Council can issue any amount of bonds less than this amount. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- RESOLUTION RELATING TO FINANCING OF THAT CERTAIN PROPOSED PROJECT TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the Council) of the City of Eden Prairie, Minnesota(the City) as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period(as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to that certain project as hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project in the maximum principal amounts shown below: Maximum Amount of Bonds Project Expected to be Issued for Project Capital Facility $1,000,000 Improvements (b) Other than(i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or(ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(0(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing project paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved,pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the project, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the project. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. ADOPTED by the Eden Prairie City Council on February 12, 2008. ATTEST: Philip Young, Mayor SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Community Development: Authorize conveyance of Lot 1 Block 1 & Janet Jeremiah/David Lindahl Outlot C - Columbine Addition to HRA Requested Action: Move to: ■ Adopt resolution authorizing the conveyance of Lot 1 Block 1 and Outlot—Columbine Addition. to the Housing and Redevelopment Authority (HRA) in and for the City of Eden Prairie Synopsis: The parcels the City is selling to Presbyterian Homes were acquired by tax forfeiture through Hennepin County and the State of Minnesota. The deed has a"subject to"provision which requires the City to use the property for parks, open space, roads, and private development or the property can be reverted to the State. The buyer wants the "reverter" language removed from the deed so there is no risk of ever losing the property to the State. The process for removing this condition from the deed requires that the HRA make certain findings and be the entity that actually sells the property to Presbyterian Homes. The parcels are currently owned by the City, so adopting the attached resolution will convey the parcel's ownership to the HRA. Background: The 4.8 acres City parcel is residual road right-of-way from the Columbine Road project and was placed on the market shortly after the MCA Study was adopted and Columbine plat was approved in December of 2005. The parcel will be included in the proposed redevelopment plans by Presbyterian Homes—which includes 707 housing units and 70,000 square feet of retail and restaurant uses to be constructed in three phases between 2008 and 2012. Attachment: Resolution Assignment to Transfer Limited Warranty Deed CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008 - A RESOLUTION AUTHORIZING THE SALE CONVEYANCE OF CERTAIN REAL PROPERTY TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE WHEREAS, the City of Eden Prairie (hereinafter referred to as the "City") and Presbyterian Homes Housing &Assisted Living, Inc. a Minnesota non-profit corporation (hereinafter referred to as "PHHAL")entered into that certain Purchase Agreement between the parties dated January, 2007, amended by that certain First Amendment to Purchase Agreement dated May 15, 2007, that certain Second Amendment to Purchase Agreement dated September, 2007, that certain Third Amendment to Purchase Agreement dated January 3, 2008 and that certain Fourth Amendment to Purchase Agreement dated January 22, 2008 (hereinafter collectively the "Purchase Agreement") for the sale of that certain real property described as Lot 1, Block 1, Columbine Road Addition and Outlot C, Columbine Road Addition, Hennepin County, Minnesota(hereinafter referred to as the "Property"); and WHEREAS, it is proposed that the City transfer the Property to the Housing and Redevelopment Authority in and for the City(hereinafter referred to as the "Authority"); and WHEREAS, the City is authorized by Minnesota Statutes Section 469.041 to convey all of the City's interest in the Property without consideration to the Authority. and WHEREAS, by the Fourth Amendment to Purchase Agreement the City and PHHAL consented to the assignment to the Authority all of the City's interest in the Purchase Agreement; and WHEREAS, it is proposed that the Authority sell to PHHAL the Property pursuant to the Purchase Agreement; and WHEREAS, the Property is located within Redevelopment Project No. 5 previously created by the Authority December 17, 1996 (hereinafter referred to as the "Redevelopment Project"). NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA AS FOLLOWS: 1. The City Council approves and authorizes the transfer of the Property and assignment of the City's interest in the Purchase Agreement to the Housing and Redevelopment Authority in and for the City of Eden Prairie, all without consideration. 1 2. The Mayor and Manager are authorized to execute a deed, an assignment and such other documents as approved by the City Attorney to consummate the transfer of the Property. Adopted by the City Council of the City of Eden Prairie this 12th day of February, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk 2 ASSIGNMENT OF PURCHASE AGREEMENT This Assignment of Purchase Agreement ("Assignment") is entered into this 12th day of February, 2008 by and between the City of Eden Prairie, a Minnesota municipal corporation ("Assignor"), and the Housing and Redevelopment Authority in and for the City of Eden Prairie, a Minnesota public body corporate and politic ("Assignee"). Assignor and Assignee respectively shall be referred to herein, individually as "Assignor" and "Assignee", or collectively as "Parties." WHEREAS, Assignor entered into a Purchase Agreement with Presbyterian Homes Housing and Assisted Living, Inc. in January, 2007, First Amendment to Purchase Agreement dated March 15, 2007, Second Amendment to Purchase Agreement in September, 2007, Third Amendment to Purchase Agreement dated January 3, 2008 and Fourth Amendment to Purchase Agreement dated January 23, 2008 (hereinafter collectively the "Purchase Agreement") for the sale of real property described as Lot 1, Block 1, Columbine Road Addition, and Outlot C, Columbine Road Addition, Hennepin County, Minnesota (the "Real Property"); WHEREAS, the Parties desire to assign the Purchase Agreement and all of Assignor's rights, title and interest in the Purchase Agreement to Assignee. NOW THEREFORE, the City of Eden Prairie does hereby assign all its rights, title and interest in the Purchase Agreement to the Housing and Redevelopment Authority in and for the City of Eden Prairie. IN WITNESS WHEREOF, the Parties have executed this Assignment as of the date first written above. [SIGNATURES ON FOLLOWING PAGE] ASSIGNOR: ASSIGNEE: CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By By Phil Young Phil Young Its Chair By By Scott Neal Scott Neal Its City Manager Its Executive Director P:\Home\1610.492\Assignment of Purchase Agreement 2008 02 12.doc (Top 3 inches reserved for recording data) LIMITED WARRANTY DEED Minnesota Uniform Conveyancing Blanks Business Entity to Business Entity Form 10.2.9(2006) DEED TAX DUE: $ 1.65 DATE: (month/day/year) FOR VALUABLE CONSIDERATION, City of Eden Prairie (insert name of Grantor) a Municipal corporation under the laws of Minnesota ,("Grantors), hereby conveys and quitclaims to Housing and Redevelopment Authority in and for the City of Eden Prairie (insert name of Grantee) a public body corporate and politic under the laws of Minnesota ,("Grantee"), real property in Hennepin County,Minnesota,legally described as follows: Lot 1, Block 1,and Outlot C,Columbine Road Addition. Consideration is less than$500.00. Check here if all or part of the described real property is Registered(Torrens)■ together with all hereditaments and appurtenances. This Deed conveys after-acquired title. Grantor warrants that Grantor has not done or suffered anything to encumber the property,EXCEPT: Check applicable box: Grantor • The Seller certifies that the Seller does not know of any wells on the described real property. City of Eden Prairie ❑ A well disclosure certificate accompanies this (name of Grantor) document. ❑ I am familiar with the property described in this By: instrument and I certify that the status and number (signature)Phil Young of wells on the described real property have not changed Its: Mayor since the last previously filed well disclosure certificate. (type of authority) By: (signature)Scott Neal Its: City Manager (type of authority) Page 1 of 2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.2.9 State of Minnesota,County of Hennepin This instrument was acknowledged before me on ,by Phil Young (month/day/year) (name of authorized signer) as Mayor (type of authority) and by Scott Neal (name of authorized signer) as City Manager of the City of Eden Prairie (type of authority) (name of Grantor) (Seal,if any) (signature of notarial officer) Title(and Rank): My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS (insert name and address) INSTRUMENT SHOULD BE SENT TO: (insert name and address of Grantee to whom tax statements should be sent) Kristy L.Warnen Housing and Redevelopment Authority in and for Gregerson,Rosow,Johnson&Nilan, Ltd. the City of Eden Prairie 650 Third Avenue South, Suite 1600 8080 Mitchell Road Minneapolis, MN 55402 Eden Prairie, MN 55344 Telephone: (612)338-0755 Facsimile: (612)349-6718 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J.-M. Janet Jeremiah Adopt Resolutions Supporting Requests for Community Development Funding the SW Transitway EIS and PE; Dedicated, Stable Funding Source for Transit Capital and Operations; and Higher Priority for the SW Transitway Requested Actions Move to: Adopt Resolution supporting the Hennepin County Regional Railroad Authority (HCRRA) request for $10 million in 2008 State bonding to assist in funding the Southwest Transitway Environmental Impact Statement(EIS) and Preliminary Engineering (PE). and Move to: Adopt Resolution supporting the request for$1 million in federal funds to assist in funding the Southwest Transitway EIS. and Move to: Adopt Resolution supporting a stable, dedicated funding source for transit capital and operations including the Southwest Transitway. and Move to: Adopt Resolution requesting that the Southwest Transitway be given higher priority in the Metropolitan Council's updated 2030 Transportation Policy Plan. Synopsis All of these resolutions have been approved by the SW Transitway Policy Advisory Committee and are consistent with the City's policies adopted by Resolution 2006-138 on December 4, 2006. These resolutions support HCRRA's request for$10 million in 2008 State bonding to assist in funding the Draft and Final EIS and PE for the Southwest Transitway, commonly known as the Southwest LRT (Light Rail Transit) line. They also support the request for $1 million in fiscal year 2009 federal transportation funds to assist in funding the Southwest Transitway EIS. They further support establishment of a stable, dedicated funding source for transit capital and operations including the Southwest Transitway. Finally, they request that the Southwest Transitway be given higher priority in the Metropolitan Council's updated 2030 Transportation Policy Plan. Background Information The results of the Southwest Transitway Alternative Analysis Study were presented to the City Council at the September 19, 2006 City Council Workshop. At the City Council Workshop, city staff received preliminary concurrence from the City Council on the following recommendations subject to additional public comments: • The City should provide a resolution on the Southwest Transitway Study. • The City maintains a strong preference for the LRT 3 alignments that serve the Town Center, Golden Triangle Area and OPUS. • The City should support and advocate for a Southwest Transitway Line. Subsequent to that meeting the Southwest Transitway Alternative Analysis recommendations were approved by the SW Transitway Policy Advisory Committee and ultimately by Hennepin County. The recommendations include the following main elements: • LRT Alternatives 1A, 3A, and 3C are recommended for further evaluation (the 1 alternative is on the existing HCRRA corridor in Eden Prairie and the 3 alternatives would serve the Golden Triangle and MCA; they differ in their alignments through Minneapolis). • The BRT (Bus Rapid Transit)Alternatives are not recommended for further evaluation. • The Met Council should move the Southwest Transitway to a Tier 1 (high priority) corridor. • The HCRRA should proceed into the Environmental Impact Statement(EIS)process for the Southwest Transitway. On December 4, 2006, the City Council adopted a resolution supporting the SW Transitway recommendations. The resolution also included a strong preference for the 3 alternatives. It further supported all efforts by the HCRRA, the Metropolitan Council, MnDOT and the Federal Transit Authority to fund and construct a SW Transitway in a timely manner. Finally, the resolution supported making the SW Transitway a priority project for the region and the next transitway project following the Central Corridor(see attached Resolution 2006-138). The proposed resolutions have been adopted by the SW Transitway Policy Advisory Committee. They reiterate the City's support for proceeding with the Southwest Transit way EIS by supporting $10 million in State bonding for the Draft and Final EIS, which will determine a locally preferred alternative, as well as the Preliminary Engineering for the preferred alternative. The 3 alternative is currently expected to be the preferred alternative based upon the cost-benefit analysis provided by the alternatives analysis. The HCRRA staff has indicated that the 1 alternative continues to be included as a fallback in case a fatal flaw is found with the 3 alternative. The resolutions also reiterate support for federal funding for the EIS ($1 million in FY '09 federal transportation funds as requested by U.S. Congressman Ellison), dedicated funding sources for transit capital and operations including the SW Transitway, and a request that the SW Transitway be given priority in the Metropolitan Council's updated 2030 Transportation Policy Plan as the next LRT line for implementation after the Central Corrdior LRT line. Attachments • Adopted Resolution 2006-13 • Proposed Resolution Supporting State Bonding for the EIS and PE • Proposed Resolution Supporting Federal Funds for the EIS • Proposed Resolution Supporting Stable, Dedicated Funding Sources for Transit Capital and Operations • Proposed Resolution Requesting that the SW Transitway be given High Priority in the Met Council updated 2030 Transportation Policy Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2006-138 A RESOLUTION SUPPORTING THE PRELIMINARY RECOMMENDATIONS OF THE SOUTHWEST TRANSITWAY ALTERNATIVES ANALYSIS STUDY WHEREAS, transportation infrastructure forms the backbone of the region's economy as well as its quality of life, and has a direct impact on economic development; and WHEREAS, a well designed and functional transportation system with multiple mode choices is essential to maintaining long-term mobility throughout the metropolitan region; and WHEREAS, the Metropolitan Council's long-range transportation plan identifies a future fixed transitway corridor in the Southwest Metro through the cities of Minneapolis, St. Louis Park, Hopkins, Minnetonka, and Eden Prairie; and WHEREAS, the Southwest Metro has experienced unprecedented population and employment growth over the last 20 years and has become a major employment destination for the metropolitan region; and WHEREAS, a Light Rail Transit (LRT) line servicing the cities of Minneapolis, St. Louis Park, Hopkins, Minnetonka, and Eden Prairie will accommodate projected growth and will help maintain a competitive business environment and high quality of life for the entire Southwest Region; and WHEREAS, the Hennepin County Regional Rail Authority is near completion of the Southwest Transitway Alternatives Analysis Study that compares the costs, benefits, and impacts of a range of transit alternatives for the Southwest Corridor; and WHEREAS, the Southwest Transitway's Technical Advisory Committee has provided the preliminary recommendation that LRT Alternatives 1A, 3A, and 3C be retained for further consideration; and WHEREAS, the recommended LRT alternatives have daily ridership projections between 23,500 and 28,100; and WHEREAS, the LRT 3 Alternatives have higher daily ridership projections, more new transit riders, and better cost effectiveness indices than the LRT 1 Alternatives; and WHEREAS, the LRT 3 Alternatives that serve the Eden Prairie Major Center Area, the Golden Triangle, and Opus, better serve the employment and commercial centers of the Southwest Area than the LRT 1 Alternatives; and WHEREAS, the LRT 3 Alternatives provide better opportunities for development, redevelopment and economic development and better support the City's long-range planning initiatives in the Major Center Area and the Golden Triangle Area than the LRT 1 Alternatives; and NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council, that the City of Eden Prairie supports the preliminary recommendations of the Southwest Transitway Alternatives Analysis; and BE IT FURTHER RESOLVED, that the City of Eden Prairie maintains a strong preference for the LRT 3 Alternatives that best serve the City's residents, businesses, and visitors. BE IT FURTHER RESOLVED, that the City of Eden Prairie strongly supports all efforts by the Hennepin County Regional Rail Authority, the Metropolitan Council, MnDOT, and the Federal Transit Administration to fund and construct in a timely manner, a LRT line through the Southwest Corridor, that it be considered a priority project for the region, and after the Central Corridor, become the next planned expansion of the Comprehensive Transit System for the metropolitan region. ADOPTED by the Eden Prairie City Council this 4th day of December, 2006. .11� an - e s, Mayor ATTEST: K leen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION SUPPORTING THE HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY (HCRRA) REQUEST FOR$10 MILLION IN 2008 STATE BONDING TO ASSIST IN FUNDING THE SOUTHWEST TRANSITWAY ENVIRONMENTAL IMPACT STATEMENT (EIS) AND PRELIMINARY ENGINEERING (PE) WHEREAS, a Light Rail Transit (LRT) line servicing the cities of Minneapolis, St. Louis Park, Hopkins, Minnetonka, and Eden Prairie will improve mobility and will help maintain a competitive business environment and high quality of life for the entire Southwest Metro Area; and WHEREAS, the Hennepin County Regional Railroad Authority in partnership with the affected cities of Minneapolis, St. Louis Park, Hopkins, Edina, Minnetonka, and Eden Prairie and the Metropolitan Council plans to conduct an Environmental Impact Statement (EIS) to determine a locally preferred alternative (LPA) to address the current and future travel needs of the Southwest Metro; and WHEREAS, once the locally preferred alternative (LPA) is selected and approved by the Metropolitan Council, preliminary engineering (PE) will be conducted for that single alternative; and WHEREAS, the Hennepin County Regional Railroad Authority (HCRRA) has requested that Governor Pawlenty include $10 million in 2008 State Bonding for the Southwest Corridor Environmental Impact Statement (Draft and Final EIS) and Preliminary Engineering. THEREFORE, BE IT RESOLVED that the City of Eden Prairie supports the request by the Hennepin County Regional Railroad Authority (HCRRA) for $10 million in 2008 State Bonding for the Southwest Transitway Environmental Impact Statement (EIS) and Preliminary Engineering (PE). ADOPTED by the Eden Prairie City Council this 12th day of February, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2008- A RESOLUTION SUPPORTING THE REQUEST FOR$1 MILLION IN FEDERAL FUNDS TO ASSIST IN FUNDING THE SOUTHWEST ENVIRONMENTAL IMPACT STATEMENT(EIS) WHEREAS,transportation infrastructure forms the backbone of the State's economy as well as its quality of life, and has a direct impact on economic development; and WHEREAS,a well designed and functional transportation system with multiple mode choices is essential to maintaining long-term mobility throughout the metropolitan region; and WHEREAS,the Metropolitan Council's long-range transportation plan identifies a future fixed transitway corridor in the Southwest Metro Area through the cities of Minneapolis, St. Louis Park,Hopkins, Minnetonka,and Eden Prairie; and WHEREAS,the Southwest Metro Area has experienced unprecedented population and employment growth over the last 20 years resulting in increasing congestion; and WHEREAS,the Hennepin County Regional Railroad Authority in partnership with the affected cities of Minneapolis, St. Louis Park,Hopkins,Edina,Minnetonka, and Eden Prairie and the Metropolitan Council has conducted two major studies over the past five years that demonstrate a strong need for improved transit service in this Area; and WHEREAS, studies completed over the past five years have shown that light rail would fit the needs of this Area well and is the Hennepin County Regional Railroad Authority's and the Southwest Policy Advisory Committee's preferred transit mode; and WHEREAS,a Light Rail Transit(LRT)line servicing the cities of Minneapolis, St. Louis Park,Hopkins, Minnetonka, and Eden Prairie will improve mobility and will help maintain a competitive business environment and high quality of life for the entire Southwest Metro Area; and WHEREAS,the Hennepin County Regional Railroad Authority plans to conduct an Environmental Impact Statement(EIS)to identify possible environmental issues and to determine a locally preferred alternative (LPA)to address the current and future travel needs of the Southwest Metro Area; and WHEREAS,United States Congressman Keith Ellison,House of Representatives,has submitted a request for$1 million in FY'09 federal transportation funds for the Southwest Transitway Environmental Impact Statement(EIS). NOW,THEREFORE,BE IT RESOLVED that the Eden Prairie City Council supports the request by U.S. Congressman Ellison for$1 million in FY'09 federal transportation funds for the Southwest Transitway Environmental Impact Statement(EIS). ADOPTED by the Eden Prairie City Council on this 12th day of February,2008. Phil Young,Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2008- A RESOLUTION SUPPORTING STABLE,DEDICATED FUNDING SOURCES FOR TRANSIT CAPITAL AND OPERATIONS INCLUDING THE SOUTHWEST TRANSITWAY WHEREAS, transportation infrastructure forms the backbone of the State's economy as well as its quality of life, and has a direct impact on economic development; and WHEREAS, a well designed and functional transportation system with multiple mode choices is essential to maintaining long-term mobility throughout the metropolitan region; and WHEREAS,the Metropolitan Council's long-range transportation plan recognizes future fixed transitway corridors throughout the metropolitan region and prioritizes them; and WHEREAS,the Metropolitan Council's long-range transportation plan identifies a future fixed transitway corridor in the Southwest Metro Area through the cities of Minneapolis, St. Louis Park, Hopkins, Minnetonka and Eden Prairie; and WHEREAS,the Southwest Metro Area has experienced unprecedented population and employment growth over the last 20 years resulting in increasing congestion; and WHEREAS, a Light Rail Transit(LRT) line serving the cities of Minneapolis, St. Louis Park, Hopkins, Minnetonka, and Eden Prairie will improve mobility and will help maintain a competitive business environment and high quality of life for the entire Southwest Metro Area; and WHEREAS, stable and dedicated sources of funding for transit capital and operations improves a project's competitiveness in the Federal Transit Administration's New Starts program; and WHEREAS,the Hennepin County Regional Railroad Authority intends to compete for Federal Transit Administration New Starts funding,which should account for at least fifty percent of the capital costs, for the Southwest LRT line; and WHEREAS,the Twin Cities region does not have a stable and dedicated funding source for transit capital and operations for transitway corridor priorities including the Southwest LRT line. NOW, THEREFORE,BE IT RESOLVED that the Eden Prairie City Council supports the establishment of stable and dedicated funding sources limited to the transit capital and operations of the Metropolitan Council's transitway corridor priorities including the Southwest LRT line. ADOPTED by the Eden Prairie City Council this 12th day of February, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION REQUESTING THAT THE SOUTHWEST TRANSITWAY BE GIVEN HIGH PRIORITY IN THE METROPOLITAN COUNCIL UPDATED 2030 TRANSPORTATION POLICY PLAN (TPP) WHEREAS, the Metropolitan Council is the region's designated metropolitan planning organization (MPO) and is therefore responsible for preparing the region's long-range plan for transportation, the Transportation Policy Plan (TPP); and WHEREAS, the current TPP includes a goal of doubling transit ridership by 2030 through improvements to the bus system and implementation of a system of transitways; and WHEREAS, the current TPP identifies the Northstar, Cedar, I-35W, Bottineau, and Central Transitways as Tier I for implementation by 2020 and the Southwest, Red Rock, and Rush Line Transitways as Tier II for implementation between 2020 and 2030; and WHEREAS, the Metropolitan Council is currently updating the Transportation Policy Plan (TPP) for adoption by December of 2008; and WHEREAS, transitways intending to compete for Federal New Starts funding must be identified in the region's long-range transportation plan, the TPP; and WHEREAS, a significant partnership represented by the Southwest Policy Advisory Committee has been formed over the past six years among public sector and private interests in the Southwest Metro area led by the Hennepin County Regional Railroad Authority (HCRRA) and including the cities of Eden Prairie, Minnetonka, Edina, Hopkins, St. Louis Park, and Minneapolis; the Metropolitan Council; Metro Transit and SouthWest Metro Transit, Three Rivers Park District, and the Twin West, Minneapolis Regional, and Eden Prairie Chambers of Commerce; and WHEREAS,with direction and guidance from the Southwest Policy Advisory Committee, a Feasibility Study was completed in 2003 that concluded that light rail is a feasible alternative to serve the travel needs of this area given the projected growth in population and employment projected for the Southwest part of the region, and in 2007, an Alternative Analysis (AA) narrowed the range of viable alternatives to three possible light rail routes; and WHEREAS, a Southwest Transitway is expected to serve nearly 30,000 trips per day, significantly contribute to managing congestion in the fastest growth area of the region, provide access to jobs and support economic development, provide a competitive travel choice, and offer a cost-effective transportation option; and WHEREAS, the Southwest Transitway is expected to be a competitive candidate for Federal New Starts funding. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council respectfully requests that the Metropolitan Council identify the Southwest Transitway in the updated 2030 Transportation Policy Plan as the next LRT line for implementation after the Central Corridor LRT line; and BE IT FURTHER RESOLVED that the Eden Prairie City Council requests that the updated 2030 Transportation Policy Plan reflect that the Southwest Transitway is planned to be operational no later than 2015. ADOPTED by the Eden Prairie City Council this 12th day of February, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: February 12, 2008 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development/ MINC Riley Lake—Verizon Wireless Planning Tower Janet Jeremiah/Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 29.84 acres; and • Direct Staff to prepare a Lease Agreement between the City and Verizon Wireless to be executed by the parties incorporating Staff and Commission recommendations and Council conditions. Synopsis A Verizon Wireless tower is proposed to be constructed within Riley Lake Park to provide cellular coverage for the surrounding area. The purpose of the site plan review is for a 240 sq. ft. ancillary structure to house the cellular equipment associated with the tower. Background Information The 65-foot cell tower is exempt from site plan review since it is less than 80 feet tall and conforms to setback requirements in the rural district. The proposed building conforms to exterior materials and setbacks requirements. The building will be constructed into a hillside and will not be visible from any adjacent land use. No significant trees will be affected by the project. A standard FAA review is underway to determine if the tower is considered an obstruction. No building permit will be issued until the FAA determination completed. The Parks, Recreation &Natural Resources Commission and Heritage Preservation Commission have approved the proposal. The 120-Day Review Period Expires on May 2, 2008. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the January 14, 2008 meeting. The plans have been revised to screen the backup generator as recommended by the Planning Commission. Attachments 1. Resolution for Site Plan Review 2. Staff Report dated January 11, 2008 3. Location Map 4. Land Use &Zoning Maps 5. Planning Commission Minutes 6. Parks, Recreation and Natural Resources Commission Minutes MINC RILEY LAKE—VERIZON WIRELESS TOWER CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR MINC RILEY LAKE—VERIZON WIRELESS TOWER BY VERIZON WIRELESS WHEREAS, Verizon Wireless, has applied for Site Plan approval of MINC Riley Lake— Verizon Wireless Tower to construct a cell tower and equipment building; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 14, 2008 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its February 12, 2008 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to MINC Riley Lake— Verizon Wireless Tower based on plans dated February 6, 2008. ADOPTED by the City Council of the City of Eden Prairie this 12th day of February, 2008. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: January 11, 2008 SUBJECT: Verizon Wireless Tower—MINC Riley Lake APPLICANT: Verizon Wireless OWNER: City of Eden Prairie LOCATION: 9100 Lake Riley Road 120 DAY REVIEW: Expires May 2, 2008 REQUEST: 1. Site Plan Review on 29.84 acres BACKGROUND A Verizon Wireless tower is proposed to be constructed within Riley Lake Park to provide cellular coverage for the surrounding area. The site for the tower is guided Park and zoned Rural. Surrounding land use is primarily golf course together with some areas of low and medium density residential to the north, east and south. Lake Riley is to the west. SITE PLAN REVIEW The purpose of the site plan review is for a 240 sq. ft. ancillary structure to house the cellular equipment associated with the tower. The proposed 65 foot cell tower is exempt from site plan review since it is less than 80 feet tall and conforms to setback requirements in the rural district. The proposed structure conforms to exterior materials and setbacks requirements. A decorative wrought iron fence is proposed to secure the equipment and any access to the tower. A back-up generator is also shown adjacent to the building. Physical screening of the generator is required by code. The plan should be revised to include a wall tall enough to screen the generator and can be rock face block, a solid line of eight-foot tall evergreen trees, or a combination of the two. The building will be constructed into the hillside and will not be visible from any adjacent land use. No significant trees will be affected by the project. One existing landscaping tree will be relocated. Staff Report—Verizon Wireless Tower—MINC Riley Lake January 11, 2008 Page 2 The tower has been designed to provide for collocation by one additional carrier. Eden Prairie Fire and Police have determined that the location of the tower will not interfere with public safety wireless communication, as required by code. Eden Prairie Parks and Recreation Commission has reviewed and approved the plan as proposed. Heritage Preservation Commission will discuss the tower for any potential impact on historic properties (Riley-Jacques Farm) as required by the FCC at its January 28th meeting. Flying Cloud Airport is approximately 2 miles east of the tower. An instrument landing system is used to guide aircraft to the runway in poor weather conditions when visibility is significantly reduced. It is an FAA requirement that the tower by reviewed by the FAA to determine if it is considered an obstruction. No building permit shall be issued until this review has been completed. A permit to construct the tower will be authorized through the Inspections Department. STAFF RECOMMENDATION Staff recommends approval of the following request: • Site Plan Review on 29.84 acres. This is based on plans stamp dated January 3, 2008, the staff report dated January 11, 2008 and the following conditions: 1. Prior to City Council review, the proponent shall: A. Revise the plans to screen the generator with a rock face block screen wall, solid row of eight-foot tall evergreens, or a combination of the two. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. Prior to building permit issuance for the property, the proponent shall: A. Obtain a determination from the FAA that the tower is able to be constructed in accordance with recommendations from the FAA, or otherwise not considered an obstruction. B. Provide a surety equivalent to 150% of the cost of the landscaping plan. Zoning Map MIND Riley Lake--Verizon Wireless Tower 9100 Rile Lake Road 'If 411111Rik irk: ,;:_ _ I. : _--.:--4'. :___._;: , ',AIM' — • 4.41"liff i '-' '-*Illlisi gum °114v4.41* 0 ihh, .‹,, ,__,_,..„,4 in gra* 0 *it • rifrainik ono' hjamt),,,,„ CAS lin O ..... ., 111 I 1og ,4 a„1s11•1 i-7, aa /illy',, - 'ii,'I''-'--„•.-t.'-.'_` i 11r N4I1t01 i ' ► lloVii i, 1 /`_- -- Riley Lake Road 1M Se 1vi1hnna1m _ ,• t la ‘..... lir ----:.-::.:,.,!!` ----- - --N; 0 ° a I zw.Ommipsidi ---- • fir, . NE mmllil, l .. '.1fr . 0. !� i e ivi • Cell Tower Location = . �� 00 e1:: Lake Riley Q 1♦��1 RD o times i��'1�M� 7:1_ ,ve snarl►la -1- --Q je . ■► '� al * .„------2.•'""- `"111 . 111;" $t � it ' _./,..-.1,*its SIPA iliuMinillita* ...pm" .1•41PP. iii i :": ;.„I;.i,:.r.,: . :; ': /. . nM. ■ Pioneer Trail 440 m =4.1. r ,,, ,,,,,,,,,,,,,,,,w, _W_p,m.Iw,A 1.1=.ir mw, .. �■■■■■ 111 g:. lea d y1k a.r..wi-s k/, /< ide i. Ab, kiraa11111111 4 .1 .190.4.ft...11.4* (i .,,T,..„,,,,__,..... . . , . ', .-4144..%"'•--V411k1M * s ,740 al• wait ' ' " 1 - oill , •,,-,_! --. \--. — m _ Si Qiiiiiiii:w.--- Ir, •,, --- Pasit Q 1�11,►'-,. m Alom I. - w#• om► r . Rural 1I.Highway Commercial Shoreland Management Classifications N R1 44 One Famity-44,000 St.min. 1-Regional Service Commercial NE Natural Environment Waters A R1-22 One Famity-22,000 sf min_ 1-Regional Commercial RD Recreational Development Waters R1-t35 One Family-13,5005fmin. I Industrial Park-2 Acre Min ICD] General Development Waters(Creeks Only) IN ® 100- Year Floodplain N R1-9.5 One Family-9,500 sf min- Industrial Park-5Acre Min- Updated through Ordinance#21-2007 RM-6.5 Multi-Family-6.7 U.P.A.max. 111.1General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition _:I RM-2.5 Multi-Family-17.4U.PA max. I I Public Date:November30,2007 PRAIRIE ,c�:ra'roaxm:y em.srn•;m »sr«ay�,�aa.rasa a.�9 Office l I Golf Course Prasc+crf ce.e«.,�crr-.w, Neighborhood Commercial I I Water LIVE•WEIRK•DREAM ____ Community Commercial I I Right-of-Way Not to Scale Land Use Guide Plan Map MINC Riley Lake--Verizon Wireless Tower 9100 Riley Lake Road lir 40111111,4K. 0111F vAbegria Mlik„, i .m.v.••• c--- Me Mir \ 4•11004'44.-' _A • 1 -\\1000 041**/ iiiik i ib,.. ( r artdlintifillillill Ilir,44)IIOO WIPE ISI (1)11rAtIPESIIPA ifib .... ,... iii, ini lis go 111 m V, dirfOunisi m "WA* ill• i• im • i m A' irit.4111111111 . '? allinir 410 CO g ,i, 4" 110#1111, Jr -------__c\„4 e{ .4 ink Vint intri =___. � �� iti----v..___ .� Riley Lake Road 00 4.GoyR,/"+a := • 4,..._ ___,_ a wok r , f *41 diji 0 lif(74" ‘ ___ .0 II. '.. 14,"6. sib . a . . \'\,, fig a in. ocs),,. r Q 1r Cell Tower Location 4 .000 ' '� �Lake Riley r ``, lki - - " - IOW 41 \ Iii iss i Or7I OP" ,'•si%) ro r 4, I r OM HEM HIM lull? rill\, = r s iitipmri ,, ‘ Am Mg I Pioneer Trail • 4ih.34,1„: lam ``� I li /7.,,,,-- - Odi7w'l li NY/N4Pstoi'di m'mlo Wm t ./.*-74044,10, \ mom : witi 0.70fral 41 . --04T \Am ____,/ ,,....,-----. •--.1UM ie Ea °,mot ipp'�' t 1 n.rw► Giite Low Density Residential 0-2.5 Units/Acre I Neighborhood Commercial V/A Low Density/Public/Open Space 1 1 Community Commercial —Metropolitan Urban Service Line(MUSA) MI DATE ApprovRevised 1- 7 5 Medium Density residential 2.5-10 Units/Acre Regional Commercial03 —Creeks DATE Rflv sed o7 0705 DATE Revised 110745 n Medium DensityResidential/Office Park/O en Space =Principal Arterial DATE Revised 02-23-06 r D E N P p DATE Revised 03-2346— C ai High DensityResidential 10-40 Units/Acre PubliclOuasi-Public AMimor Arterial DATE Revised 08-23-06 —B Minor Arterial DATE ReY�sed os-ot-n7 Office Golf Course —Major Collector BATE R eed 707-0a07 Officellndustrial _Church!Cemetery —Minor Collector 7,41 Office/Public/Open Space [ 1 Open Water Industrial Right-Of-Way =Flying Cloud Airport Boundary N Not to Scale Area Location Map - MINC Riley Lake--Verizon Wireless Tower Address: 9100 Riley Lake Road !,&j" w ei ism. �i I4r", ke Rd ,, _ 7 ...,„ 7 d's 0 I `scs° " Igivi4 Lake Riley 4 we i Il 0 e k " 4 1 b' am ft 11 /I 11 Cell Tower Locatiam on ' :033 EDED ff I 1 YII CHO ®® �®OA uu ]nnn_ � * mmlmm ll Pioneer T rI %I�1,�♦�� _ lair 0107111 r4r .117ili 111Ik Nri10 111101Wt44 / ./ t. iag•--i "i ** I 11 7... .*a.,, :,,,.°--.., . tit� APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 14, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Michael Franzen, City Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE —ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kirk and Koenig. II. APPROVAL OF AGENDA MOTION by Pitzrick, seconded by Schultz, to approve the agenda. Motion carried 7-0. MINC RILEY LAKE—VERIZON WIRELESS TOWER Request for: Site Plan Review on 29.84 acres. Peter Campbell, representing Verizon Wireless,presented the proposal. He showed revised drawings of the tower and the screen wall. He stated they have worked with the Parks Department on this site plan to screen the accessory structure and to supply landscaping to the area. Stoelting asked Franzen to review the staff report. Franzen said there are five conditions that have to be met before this can be approved. The first condition is to meet with the Parks Commission, which they have already completed. The second condition is to present their site plan to the Planning Commission for approval of setback and screening requirements. The third condition is to meet with the Heritage Preservation Committee to see if there will be any historical impacts to the area. The fourth condition would be to meet with the FAA to see if the tower would conflict with any zones. The fifth condition would be to meet with the Building Department to obtain a building permit. Staff recommends approval based on page 2 of the staff report. Stoelting opened the meeting up for public input. There was no input. Stoltz asked Fox why we would want to put this tower on public land. Fox said it is the way it was written in the City Code that towers be placed on public property. Verizon also wanted this location because it would be in a good location to serve its customers. Stoltz asked if there were any other places in the park to place this tower. Fox said there was not. Stoltz asked what the City has to gain by placing this tower in the City; such as a lease payment. Stoltz asked Mr. Campbell if he had an idea of how much a month they would be paying for a lease payment. Mr. Campbell said it would be approximately $1,000 a month for 25 years. Stoltz asked Fox if 25 years was too long of a time to make lease payments. Fox stated it was a starting point and the length of time could change if technology became outdated. Stoelting asked Fox why this particular location was picked since it is somewhat located on a hill and next to the tennis courts. Fox said the tower would need to be placed vertically up in the air, so it would need to be placed on top of the hill. Secondly, this tower is tucked in around a hill,which makes it less visible. And thirdly, there is a path leading up to the tennis courts, which could be used by utility trucks servicing the tower. Stoelting asked Fox if there was a planned use for this area of the hillside. Fox said there was not. Pitzrick asked Fox if he had any idea of competitors to Verizon and could the City be getting additional competitors in the area. Fox said there are three cell towers in Riley Lake Park already. This tower is larger than the three,but would not stop another vendor from coming to the area and Verizon would have to supply space for that vendor. Pitzrick asked if there was another vendor,would they need to have an additional ancillary structure in the area. Fox said he did not believe they would need to put up an additional ancillary structure. Mr. Campbell said, antenna wise, the tower is big enough to hold other carriers. Rocheford asked if other airway carriers are allowed to lease this tower, like fire alarm companies or such. Mr. Campbell said the other cell phone companies will use the antennas for their use but he has not heard of other vendors wanting to lease the tower. Stoelting asked Mr. Campbell if the appearance of the tower would change if there was another carrier on the tower. Mr. Campbell utilized the overhead projector to show what the tower would look like if there were another carrier on the tower and pointed out it would not really change the appearance of the tower. Stoelting asked how much noise the generator would make. Mr. Campbell said it is only used for emergency purposes and would be tested twice a month during off hours and stated it would not be that loud. Stoelting asked if the generator was totally enclosed. Mr. Campbell said it is enclosed by a combination of trees and a rock wall. Stoltz asked Mr. Campbell why he decided to put the tower up. Mr. Campbell said it was a customer driven decision to have better home coverage in the area. Stoltz asked Mr. Campbell if this proposal was not approved, did they have another location outside of the park to place the tower. Mr. Campbell said they did not have another location outside of the park. MOTION by Rocheford, seconded by Powell, to close the public hearing. Motion carried 7-0. MOTION by Rocheford, seconded by Powell, to recommend approval of the Site Plan Review on 29.84 acres based on plans stamped dated January 3, 2008, and the staff report dated January 11, 2008. Motion carried 7-0. Commission Member Schultz left the meeting. APPROVED MINUTES PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MONDAY, NOVEMBER 5, 2007 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS PRESENT: John Brill, Chair; Geri Napuck, Vice Chair; Rob Barrett, Tom Bierman, Lee Elliott-Stoering, Jeffrey Gerst, Randy Jacobus, Ian Mackay and Joan Oko COMMISSION MEMBERS ABSENT: STUDENT REPRESENTATIVES: Margaret Krause, John Ostendorf and Steven Shonts COMMISSION STAFF PRESENT: Jay Lotthammer, Parks and Recreation Director; Laurie Obiazor, Recreation Manager; Stu Fox, Parks and Natural Resources Manager; Wendy Sevenich, Community Center Manager and Carol Pelzel, Recording Secretary I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Chair Brill at 7:00 p.m. II. APPROVAL OF AGENDA Lotthammer asked that an item be added under VIII. A. New Business—Verizon Cell Tower Location. Motion: Barrett moved, seconded by Jacobus,to approve the agenda as amended. The motion carried, 9-0. VI. NEW BUSINESS A. VERIZON CELL TOWER LOCATION Lotthammer explained that the City does have a policy regarding cell towers being located in a public place. In this particular request, the request for locating a cell tower on public land happens to be park land. The City has a lease arrangement with the cell tower owner who pays the City for using the site and for having access. Verizon has asked to install a tower on park property at Lake Riley. Originally, they had looked at placing the tower at the entrance to the park. Staff felt this would be difficult to screen since there are not a lot of trees at this location. Staff is now recommending that the tower be placed between the tennis court and basketball court. This is a large antenna and this site will allow it to be surrounded by some fairly large trees. Should the Commission approve this request, it would then be forwarded to the City Council for their consideration of a lease agreement at their December 13 meeting. Peter Campbell, Verizon representative, explained that their landscape design is an extensive design to mitigate the impact of this tower to the park. Because of time limitations, the plans do not show the full extent of the landscape design. The shelter at the base of the tower would be more difficult to see because of screening. City ordinance does allow them to build a tower up to 65 feet and the tower they are proposing will be 65 feet in height. Oko asked what the distance of this tower would be from the lakeshore. Lotthammer said it would be approximately 650 feet. Oko said she is concerned that the tower would be used like a lightening rod to the beach area during a storm. Campbell explained that the tower has a lightening rod on it and a grounding system at the base. Oko asked if there is any chance of stray voltage being an issue. Tate from Design One responded that there have been some studies done on sites regarding stray voltage and it has been proven that this is not the case. Verizon has a very extensive grounding system to protect their equipment located in the shelter valued at $500,000. Oko asked if it would be possible to have the tower painted a different color to look more like a tree as opposed to what is proposed. Campbell said they can paint it a different color, however, when they try to make it look like a tree they draw the people's eye to it. They do paint the towers depending on a municipality's request and depending on the vegetation in the area. Verizon uses galvanized towers in other municipalities and some of them are painted white when there is no other vegetation nearby. He further explained that a white tower at this location would probably not look right because of the vegetation and he would suggest that if they are to paint it, it be painted brown. Bierman questioned the precedent that would be set by allowing Verizon to place this tower in Riley Park. Campbell explained that the City's ordinance requires that it be shown that no other towers or buildings in the area would accommodate their equipment. It also allows carriers to co- locate on other towers within one-half mile. This tower proposed at this location will be co-locatable by other carriers allowing them to attach their antenna to Verizon's structure. Bierman asked if it would become common in the future to allow these towers in City parks. Fox explained that there is a tower located at the Senior Center that has three different cell phone vendors on it. Throughout the City, there are several street light poles that have antennas on them and there are other cell phone locations all over the City. Fox further explained that this is a unique situation. In the last five years staff has had conversations about putting cell towers in certain parks. In this instance, there is sufficient coverage but the Commission must decide if they want a 65 foot that is difficult to hide. The light poles at Miller Park are 60 feet high on the soccer field and 70 feet to 80 feet high on the baseball fields. The 65 foot tower is the same height as the poles they use for athletic lighting. Bierman asked if there are any homes that are close to this site and would they be able to see the tower. Fox responded that the tower is located about 650 feet from the beach area and the nearest homes are located on the south side of the golf course. The tower will be tucked back so it can't be seen from the entrance to the park. Elliott-Stoering asked about the terms of the lease between the City and Verizon. Campbell said it would be a 25-year lease. When Verizon leaves the site, they will bring it back to its original state as required by the lease. Oko said that Verizon leases the land from the City and in turn, Verizon can lease space on the tower to other providers. She asked if the City generates any additional revenue when Verizon leases space on their tower. Campbell responded that in order for another carrier to attach to the tower, that carrier would have to lease ground space from the City. Elliott-Stoering asked if there would be tree loss as a result of the excavation and grading for the equipment facility. Campbell said there would be one tree lost but they are planting a significant number of additional trees in that area. Elliott-Stoering asked if the revenue generated from this lease goes into the Parks and Recreation fund since it is in a City park. Lotthammer responded that those funds go into the City's General Fund and it is not the Parks Department's responsibility to negotiate the lease amount. Mackay asked if there would be any digging for placing fiber underground to the towers. Campbell explained that they would not be running fiber. They will be using the nearest telephone or power lines from Riley Lake Road. Mackay also asked if their proposed natural gas generator is common for these types of towers. Campbell said it is very common. The generator will be tested once a month during the day and it typically runs for an hour at full load for testing. In response to a question from Mackay, Campbell explained that the generator sounds like a vacuum cleaner when it is at 100 percent. The generator is also located in a sound enclosure. Mackay asked if the tower needs a light on the top of it. Campbell said the FAA regulates this and he does not believe the FAA would require one. Elliott-Stoering questioned if notification has been sent to the surrounding neighbors informing them of the proposed tower. She also asked about access to the tower and if it could be climbed. Tate responded that they would remove the climbing pegs from the tower. There will be a fence around the shelter area. Campbell explained that they have to go through the full Conditional Use Permit process which will include notification to the community. Fox said he anticipates that the notification area would be expanded to make sure that the people adjacent to this site are notified. Jacobus expressed concern for the noise generated by this facility because of its placement to the tennis courts. Tate explained that there would be an air conditioning unit on the side of the shelter and the noise level would be the same as a home air conditioner. Jacobus said if the units are noisy, people would not want to use the park. Campbell said the design is to try and help with the noise so that it is seamless in the park. Motion: Bierman moved, seconded by Barrett, to recommend that the City negotiate a 25-year lease with Verizon wireless for the installation of one painted brown cell phone tower at Riley Lake not to exceed 65 feet in height and supporting ground structures that will be landscaped to minimize visual ground effects and said tower to be located as proposed on the Riley Park site plan dated October 31, 2007. The Commission further recommends that because this tower is being installed on park land rather than traditional City locations, all annual lease fees be placed into the Park Reserve Fund. The motion carried, 9-0. CITY COUNCIL AGENDA DATE: February 12, 2008 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/ Top Dog Country Club &Vet Clinic Planning Janet Jeremiah/Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 3.03 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review, and Zoning District Amendment in the Commercial Regional Service Zoning District on 3.03 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The site plan shows a 21,508 square foot addition to the existing 18,742 square foot building. The addition will occupy the outdoor storage area of the former Frank's Nursery and Crafts. The proposed use is called Top Dog Country Club and Vet Clinic. The indoor facility includes a vet clinic,play area, grooming area and suites (kennels.) Services range from morning drop off and evening pick up similar to a child care facility to overnight boarding. The project requires waivers for increased site coverage and reduced parking. Background Information The project is located in the Town Center. The staff report evaluated the consistency of the project with the vision for the Town Center and identified four approaches to the development of the property. These included: 1. The plan as proposed. This approach is to develop the site with waivers as proposed and view the proposal as in interim use. Since the plan for the Town Center is a 25 year plan, as the surrounding area redevelops, the value of this site will reach a point when total site redevelopment makes sense. 2. A revised plan consistent with current zoning. This approach is to develop the site in conformance with the current zoning requirements and view the proposal as an interim use. Since the plan for the Town Center is a 25 year plan, as the surrounding area redevelops, the value of this site will reach a point when total site redevelopment makes sense. The plan at .020 site coverage would be a 26,397 square foot building or an 8,420 square foot addition to the existing building. This means the outdoor garden area could be converted to part building and part parking. 3. A revised plan with waivers and consistent with the Town Center Plan. This approach would involve a closer look at how the plan could be modified to incorporate principles of the Town Center Design Guidelines and health. To accomplish this would require a reduction in the building footprint to allow room for amenities associated with a Town Center. Recent approved examples are Windsor Plaza and Presbyterian Homes which include a range of amenities including, outdoor areas, rainwater gardens, pavers, decorative lights,pedestrian scale architecture, etc. 4. Focus on the future development of the Town Center. Approval of the MCA Plan, Town Center Ordinance, Town Center Design Guidelines and the redevelopment focus of the draft 2008 Guide Plan Update shows a strong commitment to the future of the City, the MCA and more specifically the Town Center. Decisions made today should be consistent with the direction that has been established. Approving a plan with waivers should further the success of building a Town Center consistent with the vision, the plan, and its planning principles. This project with waivers increases site development beyond the plan, creates the potential for land use incompatibly, creates potential for traffic congestion, and may reduce higher development density in areas where it has been determined to be appropriate. The 120-Day Review Period Expires on April 21,2008. Planning Commission Recommendation The Planning Commission voted 5-0-1 to recommend approval of the project or development approach#1. Attachments 1. Resolutions 2. Staff Report 3. Location Map 4. Land Use & Zoning Maps 5. Planning Commission Minutes TOP DOG COUNTRY CLUB &VET CLINIC CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF TOP DOG COUNTRY CLUB & VET CLINIC FOR FENDLER PATTERSON CONSTRUCTION, INC 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 January 14, 2008, on Top Dog Country Club &Vet Clinic by Fendler Patterson Construction, Inc 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 February 12, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Top Dog Country Club &Vet Clinic, 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 January 25, 2008. 3. That the PUD Concept meets the recommendations of the Planning Commission January 14, 2008. ADOPTED by the City Council of the City of Eden Prairie this 12th day of February, 2008. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept- Top Dog Country Club & Vet Clinic Legal Description: Lot 1, Block 1, Brody Addition, Hennepin County, Minnesota STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II DATE: January 11, 2008 SUBJECT: Top Dog Country Club and Vet Clinic APPLICANT: Fendler Patterson Construction, Inc OWNER: KIMCO Realty Corp LOCATION: 8040 Glen Lane 120 DAY REVIEW: Expires April 21, 2008 REQUEST: 1. Planned Unit Development Concept Review on 3.03 acres. 2. Planned Unit Development District Review on 3.03 acres. 3. Zoning District Amendment in the Commercial Regional Service Zoning District on 3.03 acres. 4. Site Plan Review on 3.03 acres. Staff Report—Top Dog Country Club and Vet Clinic January 11,2008 BACKGROUND The Comprehensive Guide Plan shows the property as Regional Commercial. The property is zoned Commercial Regional Service. Surrounding land uses consist of Regional Commercial to the north, south and east and Community Commercial to the west. SITE HISTORY In 1990 Frank's Nursery and Crafts was approved for an 18,742 square foot retail building with 23,446 square feet of outdoor storage. PUD waivers were granted for a zero building setback, a zero lot line for parking setback, increased outdoor storage, and reduced parking. The parking waiver was approved based on a proof of parking plan that converted the outdoor garden area to parking. DEVELOPMENT PROPOSAL The proposed use is called Top Dog Country Club and Vet Clinic. The indoor facility includes a vet clinic,play area, grooming area and suites (kennels.) Services range from morning drop off and evening pick up similar to a child care facility to overnight boarding. MAJOR CENTER AREA STUDY In January 2006, the City Council adopted a report entitled Eden Prairie Major Center Area Study—The Next 25 years: A Framework for Decision Making, the purpose of which is to chart a course for public and private investment in land development,urban design and infrastructure into the future. The study proposes a vision of the Major Center Area(MCA)based upon comprehensive planning principles. Included in the study's recommendations is the establishment of a Town Center west of Flying Cloud Drive, south of Lake Idelwild, and north of Regional Center Road. The Town Center is to be a compact area with a vibrant mix of land uses that contribute to day/evening and year round use. Land uses will include a mixed use area of retail, residential, office, civic, and entertainment uses designed to foster walking and transit through a compact development pattern in accordance with recommended densities and planning principles. The MCA Study identifies 10 Sub Areas with specific recommendations for land use, density, and site coverage. "Top Dog" is located on the eastern edge of the "Town Center" of Sub Area 2. The MCA Study identifies the "Top Dog" site for entertainment, restaurant, and services with 0.16 site coverage. The lower site coverage is for two reasons; (1) to provide adequate parking since restaurants/entertainment uses typically have higher parking demand, and(2)balance development against transportation capacity. 2 Staff Report—Top Dog Country Club and Vet Clinic January 11,2008 The realization of a long-term vision for the MCA requires adherence to sound planning principles which identify a balanced set of statements that embody the future intent of land use, transportation,urban design and other fundamental systems. These comprehensive principles serve as one of several sets of criteria in evaluating private sector development proposals and their compatibility with the vision for the MCA and provide policy direction. Land Use, Site Intensity and Transportation The plan for this area is restaurant, entertainment and service. While "Top Dog" can be considered a service, the total site coverage for all uses, existing and proposed is 0.308. This ratio is higher than the planned 0.16 coverage. The higher ratio can create traffic congestion and reduce the development potential of other sites currently planned for higher intensity uses. Land Use Compatibility The Town Center will be a mix of residential and commercial uses in the future and careful design is necessary to minimize adverse impacts. There is the potential for land use incompatibility with noise affecting residential and outdoor seating areas in the immediate vicinity. The covered play area for the dogs may reduce noise but unless there are sound proofing measures, noise will be heard outside of the building. This currently occurs at Hound Dog Pet Hotel on Valley View Road. Pedestrian Focus and Design There are MCA guidelines for pedestrian focus and building design. This project does not meet the criteria since the higher site coverage above the MCA plan and the City code does not leave room for improvements that the guidelines recommend such as: • Buildings should provide horizontal and vertical relief with no long unbroken walls. • Parking should be designed to minimize conflicts with the pedestrian environment. • Street level interest should occur with first floor transparent display windows, outdoor dining areas,public art, fountains, courtyards,plazas, lighting, plantings, etc. ACTIVE COMMUNITY PLANNING The draft 2008 Guide Plan Update includes a new chapter on improving public health with policies and initiatives relating to six Active Community Planning topics including Air quality, Water quality, Pathways and accessibility, Open space locations, Destinations and land use mix, and Physical safety and mobility. Air quality is addressed by the existing trees along the road landscape islands within the parking lot and existing trees and landscaping will be preserved. Additional trees and landscaping are required as part of the building addition. The other topics cannot be addressed since the higher site coverage above the MCA plan and the City code does not leave room to add health related items. 3 Staff Report—Top Dog Country Club and Vet Clinic January 11,2008 PROPOSED SITE PLAN The site plan shows a 21,508 square foot addition to the existing 18,742 square foot building or 40,250 square feet. The addition will occupy the outdoor storage area. The base area/floor area ratio is 0.308. Code permits up to a 0.20 base area ratio and a 0.40 floor area ratio. The building addition meets the required setbacks in the Commercial Regional Service District. PUD WAIVERS 1. Base Area Ratio 0.20 to 0.308. Higher base area ratios are typical in office areas with multi story buildings where parking is located in a parking deck since there is not enough land area to provide the required parking on grade. Higher base area ratios occur in commercial districts and are associated with regional malls with multi story anchor tenants with deck parking (Eden Prairie Center). Approving a plan with higher site coverage should further the success of building the Town Center consistent with the vision, the plan, and its planning principles. Recent examples of this are Windsor Plaza and Presbyterian Homes. The impacts of granting this waiver are potential for land use incompatibly, potential for traffic congestion, and reducing higher development density in areas where it has been determined to be appropriate. A 0.20 site coverage for this property would be a total building area of 26,397 square feet. 2. Required parking from 202 spaces to 105 spaces. A total of 202 parking spaces are required for the commercial uses based on 5 spaces per 1,000 square feet of building for general retail uses permitted in the zoning district. The parking demand could be less if the 4.0 parking ratio approved for Hound Dog is used(174 spaces). There are only 106 parking spaces on site and no room to add more on grade. Based on available parking, the total allowable building area would be 21,000 square feet. This means that a 3,023 square foot addition can be built. ARCHITECTURE The plan meets the requirement for 75% face brick, glass, or natural stone for exterior materials for the building. The proposed plan is consistent with the existing architecture of the Planned Unit Development. TREE LOSS AND LANDSCAPE PLAN No significant trees on the property will be removed. The landscaping based on the building size is provided meeting code. 4 Staff Report—Top Dog Country Club and Vet Clinic January 11,2008 SUMMARY There are several ways to look at the development of the property: 1. The plan as proposed. This approach is to develop the site with waivers as proposed and view the proposal as in interim use. Since the plan for the Town Center is a 25 year plan, as the surrounding area redevelops, the value of this site will reach a point when total site redevelopment makes sense. The appropriate action would be approval of the project as proposed. 2. A revised plan consistent with current zoning. This approach is to develop the site in conformance with the current zoning requirements and view the proposal as an interim use. Since the plan for the Town Center is a 25 year plan, as the surrounding area redevelops, the value of this site will reach a point when total site redevelopment makes sense. The plan at .020 site coverage would be a 26,397 square foot building or an 8,420 square foot addition to the existing building. This means the outdoor garden area could be converted to part building and part parking. The appropriate action would be recommend a continuance and direct the proponent to revise the plan to conform to the requirements of the City code. 3. A revised plan with waivers and consistent with the Town Center Plan. This approach would involve a closer look at how the plan could be modified to incorporate principles of the Town Center Design Guidelines and health. To accomplish this would require a reduction in the building footprint to allow room for amenities associated with a Town Center. Recent approved examples are Windsor Plaza and Presbyterian Homes which include a range of amenities including, outdoor areas, rainwater gardens, pavers, decorative lights,pedestrian scale architecture, etc. The appropriate action would be recommend a continuance and direct the proponent to reduce the building footprint and development a plan consistent with the Town Center. 4. Focus on the future development of the Town Center. Approval of the MCA Plan, Town Center Ordinance, Town Center Design Guidelines and the redevelopment focus of the draft 2008 Guide Plan Update shows a strong commitment to the future of the City, the MCA and more specifically the Town Center. Decisions made today should be consistent with the direction that has been established. 5 Staff Report—Top Dog Country Club and Vet Clinic January 11,2008 Approving a plan with waivers should further the success of building a Town Center consistent with the vision, the plan, and its planning principles. This project with waivers increases site development beyond the plan, creates the potential for land use incompatibly, creates potential for traffic congestion, and may reduce higher development density in areas where it has been determined to be appropriate. The appropriate action would be to wait until a redevelopment plan is submitted for the entire property, and not recommend approval of the project as proposed. The staff recommends development approach 2, 3, or 4. STAFF RECOMMENDATION Alternative One Recommend approval of the following request: • Planned Unit Development Concept Review on 3.03 acres. • Planned Unit Development District Review on 3.03 acres. • Zoning District Amendment in the Commercial Regional Service Zoning District on 3.03 acres. • Site Plan Review on 3.03 acres. This is based on plans stamped dated December 21, 2007 the Staff Report dated January 11, 2008 and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing C. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscape/tree replacement surety equivalent to 150% of the cost of the landscape/tree replacement improvements indicated on the approved plan. B. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. 6 Staff Report—Top Dog Country Club and Vet Clinic January 11,2008 C. Submit exterior building material samples and colors for review. 3. The following waiver is granted through the PUD for the project: A. A Base Area Ratio of.308. City code permits up to a 0.20 base area ratio in the Commercial Regional Service Zoning District. B. Required parking from 202 spaces to 105 spaces. Alternative Two Recommend that the project be continued to the February 11, 2008 Planning Commission meeting with direction to revise the plans according to either of the following. Option A - Revise the plan consistent with current zoning. Option B - Revise the plan with waivers and consistent with the Town Center Plan. Alternative Three If the Planning Commission believes that compelling reasons have not been provided to justify granting of Planned Unit Development Waivers, then one option would be to recommend denial based on the following reasons. 1. The plan is inconsistent with the vision of the Town Center. 2. The proposed plan requires waivers from the City code 3. The site exceeds the base area ratio for the zoning district. 4. The site does not meet the parking requirement for the zoning district. 7 Zoning Map Top Dog Country Club & Vet Clinic 8040 Glen Lane ' ',.... I. Ill:-,- 7....:_. Tilli: 1111 1 Eden Rd 1 / /„.„. ,.,411k , _ , .'. //////////////,1 c , -----,, _ — Singletree La li (////d:// r, _ , ,I' ill _ Flying Cloud Dr/HWY 212 • • At i II\ mm Dommir9um'wolL40111\ / 11111% . ;IF . _ . _......11,...11" I I Rural -Highway Commercial Shoreland Management Classifications N I_ I R1-04 One Family-44,000 sf-min. I.Regional Service Commercial CI Natural Environment Waters 1 R1-22 One Family-22,000 sf min. -Regional Commercial 1 Rol Recreational Development Waters I R1-13.5 One Family-13,500 sf min. I 1 Industrial Park-2 Acre Min, I GPI General Development Waters(Creeks Only) '"/ .. � I,; t I Up d 160- Year Floodplaince _ I R1-9.5 One Family-9,500 sf min. I Industrial Park-5 Acre Min. I Up dated through Ordinance#21-2007 S RM-8,5 Multi-Family-6.7 U-P.A.max, General Industrial-5 Acre Min. Ordinance#33-2001(BF!Addition)approved.but riot shown on this map edltion f•.a l: RM-2.5 Multi-Family-17.4 U-PA.max. I I Public Date:November 30,2007 PRAIRIE IOffice I I Golf Course „e.cw.eek9aerx.ao o"„ima �PamcsyWarn rufcatv,on!Fit zo,ingm t. I Neighborhood Commercial I I Water I Community Commercial I I Right-of-Way Not to Scale Land Use Guide Plan Map Top Dog Country Club & Vet Clinic 8040 Glen Lane iijor . _ -. ...Alb. .. , _ i '''.-----------------,...„, --- .-, 11 ! r_._ l ,,_ , . • ,, • _ , ,....„,, , ,,mmi i I _ / Glen La Eden Rd / , SITE - \\\\ � � i Singletree La ///— -----,,/ . �/: r _: ___ . / .,-- --------1\s:\\\jrallppp , N Flying Cloud Dr/HWY 212 • AV ,. '),_,-. 1 -. i ilk _Ns 7 rAltra.. 1W . , / Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial V//I Low Density/Public/Open Space I Community Commercial -Metropolitan Urban Service Line(MUSA) DATE Approved 03-19.03 Medium Density residential 2.5-10 Units/Acre- Regional Commercial Creeks DATE Revised o1-07-05 DATE Revised 11-07-05 Medium DensityResidential/Office enSpace p Park10 -Principal Arterial DATE Rev Csed 02-23-06 r D r N DATE Revised 03-23-06 C High DensityResidential 10-40 Units/Acre Public/Quasi-Public ®A Minor Arterial DATE Revised 12-06.23 06 g -B Minor Arterial DATE Revised 12-a6.a6 PRAIRIE DATE Revised 03-01.67 Office Golf Course DATE Revised 06-0f 07 Major Collector DATE Bussed 11-30-07 V//i Office/Industrial ® Church/Cemetery -Minor Collector l/r Office/Public/Open Space I Open Water IIIII Industrial _ J Right-Of-Way Q Flying Cloud Airport Boundary Nol to Scale Area Location Map - Top Dog Country Club & Vet Clinic Address: 8040 Glen Lane --- .,_.....,.,_..__\--------______----I \/ / A (\ Eden Rd Glen La SITE C 1 r ar ,,,, Singletree La Flying Cloud Dr/HWY 212 ( I "6\\\ , oS e APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, J ANUARY 14, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Michael Franzen, City Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE —ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Kirk and Koenig. II. APPROVAL OF AGENDA MOTION by Pitzrick, seconded by Schultz, to approve the agenda. Motion carried 7-0. TOP DOG COUNTRY CLUB AND VET CLINIC Request for: Planned Unit Development Concept Review on 3.03 acres; Planned Unit Development District Review on 3.03 acres; Zoning District Amendment in the Commercial Regional Service District on 3.03 acres; Site Plan Review on 3.03 acres. Dave Hecker, representing Fendler Patterson Construction, Inc., presented the proposal. This property is the old Frank's Nursery and Crafts. What the developer would like to do with this property is to enclose it and put in a veterinarian clinic and a dog day care. Stoelting asked Franzen to review the staff report. Franzen replied the sites original tenant was Franks Nursery and Crafts (1990). The project was approved with a parking waiver and a plan that converts the outdoor garden area to parking should a different use occupy the building in the future. This project converts the entire outdoor garden area to a building addition for Top Dog (vet clinic - dog day care). The project requires a waiver for increased site coverage and less parking. Franzen suggested that the Commission consider what impact this project would have on the future of the Town Center and does it help in a manner such as Windsor Plaza and Presbyterian Homes. Franzen added there are 4 ways to look at the development of this project. The first would be to approve the plan as proposed. The second would be a revised plan consistent with current zoning. The third plan would be a revised plan with waivers and consistent with the Town Center Plan. The fourth plan would be to focus on the future development of the Town Center. Staff recommends development approach 2, 3, and 4. Stoelting opened the meeting up for public input. Robert Grootwassink, of 15382 Mason's Point, Eden Prairie, said the density has changed to cover the outdoor play area. They did this to cover the noise from the barking dogs. He also pointed out they picked tenants two tenants with low parking needs. He stated at one time there would only be a maximum of 30 spaces used by these businesses. Because of this, they do not see parking as a problem. Stoltz commented this is the third request for a dog day care in Eden Prairie and he was surprised there was no public here tonight. Mr. Grootwassink said he talked to Petco, Dollar Tree, Champps, and the nearby apartment complex and had all no objections. Stoelting asked if he talked to the individuals at the apartment complex. Mr. Grootwassink said he just talked with the manager, who in turn would be talking to the tenants. Stoelting asked Franzen if proper notices were sent out. Franzen said the notices were sent out to everyone that was within 500 feet of the proposed site. Pitzrick asked about the parking and commented when Frank's was there they did have a problem with parking, especially in the summertime due to Champps traffic. Mr. Grootwassink said they are a tenant that does not require a lot of parking. Pitzrick asked if the outdoor space was at least $50 a square foot. Mr. Hecker said he was unsure of the cost but it would be less expensive to build an outdoor space rather than office space. Pitzrick said because of this, it would not hinder future development, if that was necessary. Stoelting asked, in turning to the map, to explain the play areas. Mr. Hecker said there are 74 suites for the dogs, with the potential for more space. Jean Beuning, owner of Top Dog Country Club, said there will be approximately 100 dogs a day because some of the suites are family suites, which can accommodate more than one day of the same family. Powell indicated that there will be considerable redevelopment activity within a quarter of a mile of this business as part of a plan for a Town Center. He asked the project proponent if he was aware of the guide plan change. Ms. Beuning said she was not aware of the change. Franzen added that he gave a copy of the plan for the Town Center to Mr. Grootwassink prior to making application for review. Stoelting asked Mr. Grootwassink to address the topic of all of the changes in the area, given this project does not conform to the vision plan. Mr. Grootwassink said he anticipates the building only being there only 10-15 years and at that time, if the building would have to be torn down, then so be it. It would still be affordable for redevelopment. Stoelting asked Ms. Beuning about the parking issue and commented that with 100 dogs, 74 suites, that would be a lot of cars in the parking lot. Ms. Beuning said what she anticipates for parking between staff at the vet clinic and day care would be 25 spots for employee parking. The heaviest traffic would be in the morning for drop off with the day care and commented people going to the vet clinic would not be there a long time. Pitzrick said he does not have a problem with this development and does not see it influencing future development. Powell said he thinks there would be no problem with parking or noise. The only problem he could see would be the fact that he would have liked to have all of the residents in the apartment complex receive notice of this meeting and not just the owner of the complex. He also said the noise abatement policies should be applied and not grandfathered in, and we should require that lighting standards and design considerations be enforced right now. Stoelting summarized what Powell said and asked the other Commission Members what they felt about the notification that was given out, design consideration, and noise abatement policies. Rocheford said all of the residents did not need to be notified since the management company did not see the project as interfering with the ability to lease units. In regards to design considerations, it is not fair to single out this entity if other businesses do not have to comply. Pitzrick said no to noise abatement and design consideration, but felt notification should have been given to the tenants of the apartment complex. Seymour said he did not feel it was necessary to notify the residents. He said in regards to design consideration, since it is an existing building, they should not have to comply. Stoltz said he believes the tenants should have been notified of the meeting. Franzen pointed out notification just has to be given to the property owner. Rocheford said he understands about notifying residents but clarified these are tenants in the apartment complex. Since the property owner of the apartment complex is not at the meeting, he clearly does not feel it would affect the tenants coming into the area. Stoltz said he is not concerned with design or noise. He does feel no matter who the tenant is, there will always be a problem with parking. Pitzrick said in regard to the parking problems, he feels it is Champps burden and we should not burden these people with it. Stoelting verified that the play area was all enclosed. The project proponent said it was enclosed. Stoelting asked if there was any way to make the building smaller, reducing the base area ratio, which would lower the amount of parking spaces needed. Franzen said if the play space was not enclosed, then you would not need parking for that space,but you would then have the issue of noise. Stoelting said he does not feel notification of residents was an issue. Pitzrick agreed now, after Rocheford's last comment. Rocheford said in his line of business in dealing with associations, the owners are just given notifications and not tenants. Powell felt strongly that the residents in apartment buildings should have been notified. MOTION by Rocheford, seconded by Seymour, to close the public hearing. Motion carried 6-0. MOTION by Rocheford, seconded by Seymour, recommend approval of the Planned Unit Development Concept Review on 3.03 acres; Planned Unit Development District Review on 3.03 acres; Zoning district Amendment with in the Commercial Regional Service District on 3.03 acres and Site Plan Review on 3.03 acres based on plans stamped dated December 21, 2007, and the staff report dated January 11, 2008. Stoelting wanted to do a roll call of votes. Pitzrick—Yes Powell—Abstained Rocheford—Yes Seymour—Yes Stoltz—Yes Stoelting -Yes Motion carried 5-0, with 1 abstention. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 171239— 171821 Wire Transfers 2919—2936 City of Eden Prairie Council Check Summary 2/12/2008 Division Amount Division Amount General 70,650 601 Prairie Village Liquor 167,086 100 City Manager 191 602 Den Road Liquor 321,120 101 Legislative 12,948 603 Prairie View Liquor 157,244 102 Legal Counsel 37,634 605 Den Road Building 3,120 110 City Clerk 2,136 701 Water Fund 107,911 111 Customer Service 6,532 702 Sewer Fund 266,786 112 Human Resources 84 703 Storm Drainage Fund 22,224 113 Communication Services 13,530 802 494 Commuter Services 5,370 114 Benefits&Training 9,719 803 Escrow Fund 11,062 116 Facilities 33,438 806 SAC Agency Fund 86,229 117 City Center 117,467 807 Benefits Fund 803,085 119 Cmty Center-Facilities 71,921 809 Investment Fund 5,851 130 Assessing 450 810 Workers Comp Insurance 116 131 Finance 763 811 Property Insurance 3,104 132 Housing and Community Services 20,413 812 Fleet Internal Service 25,670 133 Planning -516 813 IT Internal Service 24,756 135 Information Technology 200,211 136 Public Safety Communications 5,810 Report Totals 5,038,137 137 Economic Development 356 150 Park Administration 12,805 151 Park Maintenance 18,984 153 Organized Athletics 11,986 154 Community Center 15,978 156 Youth Programs 13,544 157 Special Events 402 158 Adult Recreation 807 159 Recreation Administration 83 160 Therapeutic Recreation 124 161 Oak Point Pool 1,185 162 Arts 1,274 163 Outdoor Center 1,618 180 Police 18,374 183 Emergency Preparedness 3,628 184 Fire 51,058 186 Inspections 1,443 200 Engineering 627 201 Street Maintenance 36,955 202 Street Lighting 63,358 203 Fleet Services 41,308 204 Equipment Revolving 15,140 301 CDBG 11,935 303 Cemetary Operation 603 304 Senior Board 4 308 E-911 1,522 309 DWI Forfeiture 10 315 Economic Development 10,864 424 G.O.Improvement Bonds 2003D 431 430 G.O.Improvement Bonds 2006A 400 502 Park Development 62,341 503 Utility Improvement 37,678 506 Improvment Bonds 1996 3,616 509 CIP Fund 555,363 511 Construction Fund 260 515 Fire Station#4 2,479 516 ADC PROJECT 1,318 519 Community Center Expansion 876,131 522 Improvement Projects 2006 14,568 523 3rd Sheet of Ice 533,462 City of Eden Prairie Council Check Register 2/12/2008 Check# Amount Vendor/Explanation Account Description Business Unit 2919 12,612 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2920 15,913 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2921 109,150 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2922 45 US BANK TRUST HRA Health and Benefits 2923 30,853 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2924 161,224 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2925 145 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 2926 1,475 AMERICA'S VEBA SOLUTION Other Contracted Services Health and Benefits 2927 960 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 2928 142,527 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund 2929 2,286 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2930 4,538 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits 2931 12,472 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2932 16,167 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2933 107,353 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2934 12,650 US BANK TRUST HRA Health and Benefits 2935 29,999 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2936 155,478 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 171239 1,295 GANDER MOUNTAIN Capital Under$10,000 Police 171240 133 A TO Z RENTAL CENTER Other Rentals Fire Station#1 171241 10 ABC MINNEAPOLIS LLC Other Contracted Services DWI Forfeiture 171242 389 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 171243 6,503 AMERICAN TIME&SIGNAL CO Capital Under$10,000 Capital Impr./Maint.Fund 171244 97 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 171245 60 AMERITRAK Other Contracted Services Street Maintenance 171246 222 AMSAN LLC Supplies-General Bldg Community Center Maintenance 171247 425 ANCHOR PRINTING COMPANY Office Supplies Fire 171248 50 APA NORTHSTAR CHAPTER Dues&Subscriptions Finance 171249 260 AQUA LOGIC INC Contract Svcs-General Bldg Pool Maintenance 171250 1,835 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 171251 3,878 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 171252 90 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 171253 435 BATES,DON Other Contracted Services Community Band 171254 16 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 171255 502 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 171256 5,933 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 171257 30 BERTELSON OFFICE PLUS Operating Supplies Utility Operations-General 171258 200 BEST BUY Pager&Cell Phone Police 171259 195 BOYER TRUCKS Equipment Parts Fleet Services 171260 170 BREIDENBACH,CHRISTINA E Other Contracted Services Community Band 171261 297 BROWNING,RYAN Other Hardware Information Technology 171262 43 BRUNEAU,MARY Program Fee Trips 171263 8 BURNSVILLE HEATING&A/C Cash Over/Short General Fund 171264 64,752 CENTERPOINT ENERGY Gas City Hall-CAM 171265 1,800 CLAREYS INC Other Contracted Services Park Maintenance 171266 37 CLAUSEN,GAYLE Lessons&Classes Fitness Classes 171267 150 COMMISSIONER OF TRANSPORTATION Conference Expense Street Maintenance 171268 102 CONNEY SAFETY PRODUCTS Office Supplies General 171269 905 CORPORATE EXPRESS Office Supplies General 171270 88 CRIPE,JACQUELYN V Other Contracted Services Volleyball 171271 11,197 DAY DISTRIBUTING Beer Prairie View Liquor Store 171272 74 DAY-TIMER Operating Supplies Arts 171273 80 DIRECTV Cable TV Community Center Admin 171274 34 DISH NETWORK Cable TV Community Center Admin 171275 43 DOVER,RUTH Program Fee Trips 171276 4,733 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 171277 571 EARL F ANDERSEN INC Operating Supplies Park Maintenance 171278 150 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions City Manager 171279 940 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 171280 110 ELIASON,STEVE J Other Contracted Services Basketball 171281 18,820 ELK RIVER Autos Fleet Capital Check# Amount Vendor/Explanation Account Description Business Unit 171282 29,308 EPA AUDIO VISUAL INC Capital Under$10,000 Capital Impr./Maint.Fund 171283 50 FERRELLGAS Motor Fuels Fleet Services 171284 43 FISHER,DELORES Program Fee Trips 171285 43 FLANIGAN,MARLYS Program Fee Trips 171286 232 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 171287 220 FORCE AMERICA Equipment Parts Fleet Services 171288 500 FOX LAWSON&ASSOCIATES Other Contracted Services Organizational Services 171289 197 FREY,LYNDELL Mileage&Parking Athletic Programs Admin 171290 1,216 G&K SERVICES Clothing&Uniforms Street Maintenance 171291 110 GARDEN&ASSOC INC Other Contracted Services Police 171292 47 GARDEN ROOM FRATELLI'S GARDEN Other Contracted Services Organizational Services 171293 444 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 171294 12 GOERGEN,LESLIE Program Fee Outdoor Center 171295 2,915 GRAINGER Janitor Service City Center Operations 171296 1,495 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 171297 26,579 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 171298 13,212 GRIGGS COOPER&CO Wine Domestic Prairie Village Liquor Store 171299 7 HANN,JOHN R Deposits Escrow 171300 2,000 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 171301 100 HANSEN,DEBBIE Refunds Environmental Education 171302 21,776 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 171303 450 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 171304 180,292 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 171305 86 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 171306 1,334 HENNEPIN COUNTY SHERIFFS OFFI Board of Prisoner Police 171307 589 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 171308 174 HOBART Contract Svcs-General Bldg Garden Room Repairs 171309 1,144 HOHENSTEINS INC Beer Den Road Liquor Store 171310 352 HOLMES,JOHN CARTER Other Contracted Services Volleyball 171311 154 HOLMES,TOM Other Contracted Services Basketball 171312 100 HOOD,KATIE Refunds Environmental Education 171313 326 HYDROTECH SYSTEMS LTD Supplies-General Bldg Pool Maintenance 171314 6,071 IMPERIAL DEVELOPERS Improvement Contracts Capital Impr./Maint.Fund 171315 503 IND SCHOOL DIST 272 Gym Rental Volleyball 171316 3,393 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service 171317 2,520 IND SCHOOL DIST 272 Gym Rental Touch Football 171318 297 IND SCHOOL DIST 272 Special Event Fees Classes/Programs/Events 171319 1,380 INTERNATIONAL CODE COUNCIL Conference Expense Inspections-Administration 171320 300 ITALWINE IMPORTS&DISTRIBUTOR Wine Imported Den Road Liquor Store 171321 385 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance 171322 80 JETER,KARA Tuition Reimbursement/School Fitness Classes 171323 9,474 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 171324 519 JOBDIG INC Employment Advertising Organizational Services 171325 38,771 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 171326 53 JW PEPPER&SON INC Operating Supplies Community Band 171327 113 KEEPERS Clothing&Uniforms Fire 171328 225 KOPISCHKE,MICHAEL R Other Contracted Services Broomball 171329 1,401 KOTARS,GEORGE Other Contracted Services Rehab 171330 293 KRAEMERS HARDWARE INC Supplies-General Bldg Pool Maintenance 171331 265 LIFEGUARD STORE INC,THE Safety Supplies Pool Operations 171332 100 LILLIGREN,CATHY Refunds Environmental Education 171333 9,979 MARK VII Beer Prairie View Liquor Store 171334 15 MASS Dues&Subscriptions Senior Center Administration 171335 396 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 171336 1,198 MCNEILUS STEEL INC Equipment Parts Fleet Services 171337 42 MENARDS Repair&Maint.Supplies Water System Maintenance 171338 86,229 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 171339 254,815 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 171340 422 MIDWEST FUELS INVER GROVE HTS Other Fuels-Propane/Fuel Oil Police City Center 171341 752 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services 171342 40 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer System Maintenance 171343 1,915 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 171344 55 MINNESOTA STATE UNIVERSITY Tuition Reimbursement/School Police 171345 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 171346 200 MITTELSTADT,SCOTT Clothing&Uniforms Police Check# Amount Vendor/Explanation Account Description Business Unit 171347 639 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store 171348 15,140 MTI DISTRIBUTING INC Machinery&Equipment Public Works 171349 1,086 NCT INC Conference Expense Information Technology 171350 26 NELSON,LISA Lessons&Classes Ice Arena 171351 225 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 171352 21 NIELSEN,DEB Memberships Community Center Admin 171353 673 NORTHERN TOOL Supplies-General Bldg City Hall-CAM 171354 152 NUCO2 INC Chemicals Pool Maintenance 171355 40 OFFICE OF THE SECRETARY OF STA Office Supplies General 171356 6,174 OLYMPIC HILLS GOLF CLUB Operating Supplies Fire 171357 6,741 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 171358 518 PEPSI COLA COMPANY Merchandise for Resale Concessions 171359 270 PETERSON COMPANIES Other Contracted Services Park Maintenance 171360 17,695 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 171361 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 171362 105 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 171363 1,285 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 171364 1,302 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 171365 4,090 PROSOURCE SUPPLY Capital Under$10,000 Capital Impr./Maint.Fund 171366 2,068 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 171367 163 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 171368 16,903 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store 171369 43 QUICKSILVER EXPRESS COURIER Other Contracted Services Organizational Services 171370 2,588 QWEST Telephone E-911 Program 171371 150 QWEST COMMUNICATIONS INC Other Contracted Services Police 171372 84 RAMSEY,SANDI Lessons&Classes Ice Arena 171373 125 RAY,LEE Other Contracted Services Basketball 171374 798 RAYMOND AUTO BODY INC Insurance Property Insurance 171375 100 REYNOLDS,ROB Refunds Environmental Education 171376 116 RIDGEVIEW MEDICAL CENTER Other Contracted Services Workers Comp Insurance 171377 2 SCHUG,DIANA Program Fee Classes/Programs/Events 171378 465 SEARS COMMERCIAL ONE Supplies-General Bldg General Facilities 171379 260 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store 171380 540 SIMPLEXGRINNELL LP Contract Svcs-Fire/Life/Safe Community Center Maintenance 171381 95 SOCIETY OF WETLAND SCIENTISTS Dues&Subscriptions Storm Drainage 171382 2,775 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 171383 103 SPRINT Telephone Engineering 171384 26,160 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund 171385 7,020 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 171386 12 STANLEY,KALYN Lessons&Classes Fitness Classes 171387 22 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 171388 1,329 STAR TRIBUNE Employment Advertising Organizational Services 171389 488 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 171390 100 STEVENS,MARK Refunds Environmental Education 171391 74 STEWART,DENISE Lessons&Classes Ice Arena 171392 2,922 STREICHERS Clothing&Uniforms Police 171393 8 STUBBINS,JAYNE Lessons&Classes Fitness Classes 171394 100 SUN NEWSPAPERS Legal Notices Publishing City Clerk 171395 350 SWANSON,JEFF Other Contracted Services Broomball 171396 475 SYNERGY GRAPHICS INC Operating Supplies Elections 171397 27,547 THORPE DISTRIBUTING Beer Prairie View Liquor Store 171398 3,800 SKATRUD,TODD AND LOIS Other Contracted Services Sewer Utility-General 171399 136 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 171400 30 TROW,LAURIE Lessons&Classes Fitness Classes 171401 503 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM 171402 272 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 171403 7,797 VIDEOTRONIX INC Capital Under$10,000 Capital Impr./Maint.Fund 171404 897 VINOCOPIA Wine Domestic Prairie View Liquor Store 171405 17 WALSER CHRYSLER JEEP Equipment Parts Fleet Services 171406 400 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Improvement Bonds 2006A 171407 109 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 171408 1,197 WILLISTON FITNESS CENTER Memberships Community Center Admin 171409 3,231 WINE COMPANY,THE Wine Imported Den Road Liquor Store 171410 5,969 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 171411 40 WINE SPECTATOR Dues&Subscriptions Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 171412 3,737 WINTER EQUIPMENT COMPANY Equipment Parts Fleet Services 171413 251 WITT,BETH Mileage&Parking Aquatics&Fitness Admin 171414 25 WOHLFORTH,BRUCE Program Fee Outdoor Center 171415 1,468 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 171416 93,934 XCEL ENERGY Electric Round Lake 171417 275 BROWNING,RYAN Mileage&Parking Information Technology 171418 10 EVERGREEN SANITATION Solid Waste Licenses General Fund 171419 472 FITZGERALD,DANIEL AR Utility Water Enterprise Fund 171420 60 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 171421 200 HORST,JESSICA Reimbursement Supplement Employment 171422 50 LEWIS,BARBARA Conference Expense Tennis 171423 147 RICHARDSON,JIM Recreation Supplies Summer Skill Development 171424 295 COMMISSIONER OF TRANSPORTATION Conference Expense Engineering 171425 170 MEGGITT,TERRY Dues&Subscriptions Finance 171426 438 MINNESOTA NURSERY&LANDSCAPE Conference Expense Park Maintenance 171427 353 MINNESOTA PORTABLE STORAGE Other Contracted Services Capital Impr./Maint.Fund 171428 330 SCOTT COUNTY Deposits Escrow 171429 964 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 171430 4,310 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 171431 190 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 171432 485 ABKE ENTERPRISE LLC Operating Supplies Community Center Admin 171433 471 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 171434 501 ADELMANN,CHARLES Video&Photo Supplies Fire 171435 1,338 ADOLPH KIEFER Operating Supplies Oak Point Operations 171436 4,410 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund 171437 109 ALT,ORRIN Mileage&Parking Police 171438 1,292 AMERICAN ENGINEERING TESTING I Testing-Soil Boring ADC PROJECT 171439 15 AMERICAN RED CROSS Operating Supplies Pool Lessons 171440 913 AMERICAN TIME&SIGNAL CO Capital Under$10,000 Capital Impr./Maint.Fund 171441 140 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 171442 180 AMERITRAK Other Contracted Services Street Maintenance 171443 4,424 AMSAN LLC Supplies-General Bldg Community Center Maintenance 171444 221 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services 171445 258 AZTEC BP Equipment Repair&Maint Police 171446 12,800 BAKER ASSOCIATES INC Design&Engineering Planning&Development 171447 4,800 BASIC ANIMAL RESCUE TRAINING Tuition Reimbursement/School Fire 171448 1,338 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 171449 3,045 BEC INC Operating Supplies Emergency Preparedness 171450 2,913 BELLBOY CORPORATION Liquor Den Road Liquor Store 171451 799 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 171452 746 BIFFS INC Waste Disposal Park Maintenance 171453 660 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 171454 57 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 171455 40 BOLD,PAULINE Instructor Service Outdoor Center 171456 280 BOYER TRUCKS Equipment Parts Fleet Services 171457 3,610 BRAUER& ASSOCIATES LTD Building Park Acquisition&Development 171458 1,971 BRAUN INTERTEC CORPORATION Testing-Soil Boring Construction Fund 171459 1,232 BUCK,NATHAN Other Contracted Services Volleyball 171460 72 CALIFORNIA CONTRACTORS SUPPLIE Operating Supplies Utility Operations-General 171461 248 CHOICE INC Other Contracted Services Prairie Village Liquor Store 171462 100 CHOLES,FOST Refunds Environmental Education 171463 1,537 CLAREYS INC Safety Supplies Utility Operations-General 171464 51 COMCAST Operating Supplies Fire 171465 225 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 171466 1,033 CORPORATE EXPRESS Office Supplies Police 171467 81 COSTCO Operating Supplies Fire 171468 88 CRIPE,JACQUELYN V Other Contracted Services Volleyball 171469 203 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Services 171470 9,392 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 171471 5,225 DAKOTA SUPPLY GROUP INC Capital Under$10,000 Utility Improvement Fund 171472 6,716 DAY DISTRIBUTING Beer Den Road Liquor Store 171473 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology 171474 500 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetary 171475 478 DIRECT SAFETY CO Safety Supplies Utility Operations-General 171476 26,605 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr-Tenant Direct Costs Check# Amount Vendor/Explanation Account Description Business Unit 171477 436 DMX MUSIC Other Contracted Services Prairie View Liquor Store 171478 594 DOHERTY,SANDRA L Other Contracted Services Volleyball 171479 11,155 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 171480 293 DURANT MOBILE WASH Deposits Escrow 171481 2,287 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 171482 392 EF JOHNSON Small Tools Wireless Communication 171483 110 ELIASON,STEVE J Other Contracted Services Basketball 171484 308 EMBEDDED SYSTEMS INC Operating Supplies Emergency Preparedness 171485 913 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 171486 1,396 ENVIRONMENTAL PROCESS INC Legal Utility Operations-General 171487 100 ERSKINE,PAT Refunds Environmental Education 171488 641 EXTREME BEVERAGE Beer Den Road Liquor Store 171489 42 FARMER,LOUISE Program Fee Classes/Programs/Events 171490 122 FASTENAL COMPANY Building Materials Edenvale Park 171491 737 FASTSIGNS Operating Supplies Pool Operations 171492 100 FBI-LEEDA Dues&Subscriptions Police 171493 14 FERRELLGAS Gas Outdoor Center 171494 275 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 171495 108 G&K SERVICES Clothing&Uniforms Street Maintenance 171496 750 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 171497 158 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Internal Events 171498 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Rehab 171499 117 GINA MARIAS INC Operating Supplies Fire 171500 267 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 171501 3,343 GRAINGER Equipment Parts Water Treatment Plant 171502 240 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 171503 16,325 GRIGGS COOPER&CO Liquor Den Road Liquor Store 171504 75 GUSTAD,MARK Operating Supplies Police 171505 41 HALLOCK CO INC Equipment Parts Water Treatment Plant 171506 22,249 HANSEN THORP PELLINEN OLSON Design&Engineering Utility Improvement Fund 171507 689 HARMON INC. Contract Svcs-General Bldg Senior Center 171508 6,570 HAWKINS INC Treatment Chemicals Water Treatment Plant 171509 14 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 171510 342 HENNEPIN COUNTY UT DEPT Software Maintenance Information Technology 171511 99 HENNEPIN COUNTY TREASURER Postage Elections 171512 450 HENRY,PAUL Other Contracted Services Broomball 171513 285 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 171514 32 IDEARC MEDIA CORP (VERIZON DI Advertising Prairie View Liquor Store 171515 64 IND SCHOOL DIST 272 Building Rental Community Band 171516 405 IND SCHOOL DIST 272 Gym Rental Volleyball 171517 135 IND SCHOOL DIST 272 Gym Rental Basketball 171518 311 IND SCHOOL DIST 272 Gym Rental Basketball 171519 450 IND SCHOOL DIST 272 Gym Rental Volleyball 171520 375 IND SCHOOL DIST 272 Gym Rental Volleyball 171521 660 IND SCHOOL DIST 272 Gym Rental Adult Open Gym 171522 332 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Utility Operations-General 171523 49,586 INTEGRA TELECOM Operating Supplies Telephone 171524 1,620 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 171525 62 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 171526 9,167 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 171527 1,942 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 171529 43,649 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store 171530 1,232 KEEPERS Clothing&Uniforms Fire 171531 92 KINZEL,GREG Operating Supplies Fire 171532 550 KNUDTSON,STEVE Other Contracted Services Broomball 171533 212 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations-General 171534 2,090 LAMETTRY PROPERTIES LLC Deposits Escrow 171535 42 LAPPIN,VIOLET Program Fee Classes/Programs/Events 171536 586 LEU,JEFFREY Deposits Escrow 171537 18,582 MARK VII Beer Prairie Village Liquor Store 171538 178 MARK'S BP Equipment Repair&Maint Police 171539 110 MENARDS Cleaning Supplies Utility Operations-General 171540 316 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance 171541 12,285 METRO CITIES Dues&Subscriptions City Council 171542 352 METRO FIRE Protective Clothing Fire Check# Amount Vendor/Explanation Account Description Business Unit 171543 200 METRO LEAK DETECTION Other Contracted Services Water System Maintenance 171544 388 METRO SALES INCORPORATED* Other Rentals General 171545 1,262 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Water System Maintenance 171546 1,317 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 171547 6,000 MIDWEST DESIGN CO Other Contracted Services Communication Services 171548 1,282 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 171549 75 MINNESOTA CHAPTER IAAI Dues&Subscriptions Fire 171550 787 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services 171551 106 MINNESOTA CONWAY Operating Supplies Fire 171552 270 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Finance 171553 725 MINNESOTA TURF AND GROUNDS FOU Conference Expense Park Maintenance 171554 6,930 MINNESOTA UC FUND Unemployment Compensation Organizational Services 171555 270 MINNESOTA WANNER COMPANY Equipment Parts Fleet Services 171556 2,173 MOBILE RADIO ENGINEERING INC Repair&Maint.Supplies Wireless Communication 171557 153,830 MOTOROLA Equipment Repair&Maint Wireless Communication 171558 250 MTI DISTRIBUTING INC. Conference Expense Street Maintenance 171559 115 NATIONAL CAMERA EXCHANGE Video&Photo Supplies Police 171560 13,045 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Winter Skill Development 171561 100 NCITE Conference Expense Street Maintenance 171562 1,566 NCT INC Conference Expense Information Technology 171563 1,749 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 171564 27 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 171565 5,851 NORTHSHORE ADVISORS LLC Interest Investment Fund 171566 172 NUCO2 INC Chemicals Pool Maintenance 171567 33,259 OLD NATIONAL BANK LEASING Principal Fire 171568 42 OLSEN COMPANIES Equipment Repair&Maint Park Maintenance 171569 20 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Services 171570 14,963 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 171571 4,153 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 171572 65 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 171573 11,935 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 171574 90 POST BOARD Dues&Subscriptions Police 171575 1,413 PRAIRIE ELECTRIC COMPANY Other Contracted Services Water Metering 171576 732 PRAIRIE OFFSET PRINTING Printing Elections 171577 7,927 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 171578 8,068 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 171579 931 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 171580 128 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 171581 636 PROP United Way Withheld General Fund 171582 171 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 171583 20,331 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store 171584 55 QWEST Telephone Sewer Liftstation 171585 53 RADIOSHACK Video&Photo Supplies Police 171586 4,056 RAV TECHNOLOGIES INC Capital Under$10,000 Capital Impr./Maint.Fund 171587 125 RAY,LEE Other Contracted Services Basketball 171588 179 RECREONICS Safety Supplies Pool Operations 171589 130 RIVERLAND COMMUNITY COLLEGE Tuition Reimbursement/School Fire 171590 190 ROOT 0 MATIC Contract Svcs-Plumbing Community Center Maintenance 171591 375 SAMUEL FRENCH INC Other Contracted Services Winter Theatre 171592 191 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 171593 17,762 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 171594 135 SHRED-IT Waste Disposal City Center Operations 171595 336 SIGNSOURCE Other Contracted Services Economic Development 171596 30 SKATRUD,CHERI Program Fee Classes/Programs/Events 171597 32 SNAP-ON TOOLS Small Tools Fleet Services 171598 268 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 171599 7,311 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store 171600 4,399 SPRINT Wireless Subscription Information Technology 171601 2,110 SRF CONSULTING GROUP INC Improvements to Land Park Acquisition&Development 171602 5,520 ST CROIX ENVIRONMENTAL INC Other Contracted Services Utility Improvement Fund 171603 168 ST.LOUIS PARK,CITY OF Conference Expense Planning 171604 835 STANLEY SECURITY SOLUTIONS INC Contract Svcs-Security Community Center Maintenance 171605 771 STAYWELL COMPANY,THE Safety Supplies Oak Point Operations 171606 230 STREICHERS Training Supplies Police 171607 279 SUN NEWSPAPERS Advertising Communication Services Check# Amount Vendor/Explanation Account Description Business Unit 171608 400 SWANSON,JEFF Other Contracted Services Broomball 171609 3,000 TEENS ALONE Other Contracted Services Housing and Community Service 171610 1,640 TESSCO Repair&Maint.Supplies Wireless Communication 171611 14,814 THORPE DISTRIBUTING Beer Den Road Liquor Store 171612 212 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 171613 146 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 171614 1,598 TOTAL REGISTER Equipment Repair&Maint Den Road Liquor Store 171615 170 TWIN CITY AREA LABOR MGMT COUN Conference Expense Street Maintenance 171616 264 TWIN CITY OXYGEN CO Repair&Maint.Supplies Water System Maintenance 171617 13 UNIFORMS UNLIMITED Clothing&Uniforms Police 171618 780 UNITED WAY United Way Withheld General Fund 171619 189 UPPER MIDWEST COMMUNITY POLICI Other Contracted Services Police 171620 100 VANSCHOONEVELD,HUGH Refunds Environmental Education 171621 60 VERIZON WIRELESS Wireless Subscription Information Technology 171622 1,651 VERTICAL PERFECTIONS TREECARE Other Contracted Services Tree Removal 171623 630 VIDEOTRONIX INC Repair&Maint.Supplies Wireless Communication 171624 340 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 171625 340 W P&R S MARS CO Equipment Parts Fleet Services 171626 18,465 WALL TRENDS INC Contract Svcs-Fire/Life/Safe Pool Maintenance 171627 750 WATERISAC Dues&Subscriptions Utility Operations-General 171628 799 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 171629 170 WHEELER HARDWARE COMPANY Building Repair&Maint. Prairie Village Liquor Store 171630 539 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 171631 4,121 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 171632 721 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits 171633 1,199 WM MUELLER AND SONS INC Sand Snow&Ice Control 171634 1,714 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 171635 120 XCEL ENERGY Electric Emergency Preparedness 171636 3,362 YALE MECHANICAL INC Contract Svcs-HVAC Park Shelters 171637 158 ZAFFT,WILL Tuition Reimbursement/School Fire 171638 575 ZIEGLER INC Equipment Parts Fleet Operating 171639 290,237 2ND WIND EXERCISE Machinery&Equipment Capital Impr./Maint.Fund 171640 370 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 171641 10,906 ACTIVE NETWORK INC,THE Software Maintenance IT Operating 171642 354 AL'S COFFEE Merchandise for Resale Concessions 171643 1,185 AMERICAN ENGINEERING TESTING I Improvements to Land Capital Impr./Maint.Fund 171644 137 AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General 171645 265 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 171646 234 AMSAN LLC Cleaning Supplies Community Center Maintenance 171647 399 ANCHOR PAPER COMPANY Office Supplies General 171648 204 ANCHOR PRINTING COMPANY Printing Police 171649 2,467 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Operating 171650 2 BATES,SUSAN Memberships Community Center Admin 171651 350 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 171652 7,806 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 171653 1,196 BOB GILBERTSON Fire Prevention Supplies Fire 171654 159 BOLD,PAULINE Instructor Service Outdoor Center 171655 1,217 BOMA MINNEAPOLIS Dues&Subscriptions General Facilities 171656 336 BOYER TRUCKS Equipment Parts Fleet Operating 171657 2,271 CAT&FIDDLE BEVERAGE Wine Domestic Prairie Village Liquor Store 171658 2,386 CENTERPOINT ENERGY Gas Fire Station#4 171659 3,116 CIVIC SYSTEMS LLC Other Contracted Services Information Technology 171660 681 COMMERCIAL STEAM TEAM Other Contracted Services Prairie Village Liquor Store 171661 1,415 COMPAR INC Other Hardware IT Capital 171662 10 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 171663 2,821 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Center Operations 171664 6,875 CORNERSTONE Other Contracted Services Housing and Community Service 171665 1,722 CORPORATE EXPRESS Office Supplies General 171666 88 CRIPE,JACQUELYN V Other Contracted Services Volleyball 171667 7,111 DAY DISTRIBUTING Beer Den Road Liquor Store 171668 88,682 DELANO ERICKSON ARCHITECTS Building Community Center Expansion 171669 140 DEPARTMENT OF NATURAL RESOURCE Operating Supplies Park Maintenance 171670 100 DONAHUE,JANE Refunds Environmental Education 171671 525 DUCKSTAD,JON Dues&Subscriptions City Council 171672 6,523 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 171673 71 EARL F ANDERSEN INC Signs Traffic Signs 171674 1,413 EDEN PRAIRIE HOCKEY ASSOCIATIO Miscellaneous Community Center Admin 171675 7,483 EGAN OIL COMPANY Lubricants&Additives Fleet Services 171676 196 ELECTRIC MOTOR REPAIR INC Supplies-HVAC City Hall-CAM 171677 110 ELIASON,STEVE J Other Contracted Services Basketball 171678 48 FAGNANT,SUSAN Instructor Service Outdoor Center 171679 256 FASTENAL COMPANY Equipment Parts Fleet Operating 171680 498 FASTSIGNS Operating Supplies Ice Arena 171681 5,000 FCA CONSTRUCTION COMPANY LLC Cash Over/Short General Fund 171682 223 FEDEX Miscellaneous Finance 171683 692 FLORIDA MICRO LLC Other Hardware Information Technology 171684 66 FORDAHL,TAMARA Other Contracted Services Volleyball 171685 107 GE CAPITAL Other Rentals General 171686 116 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 171687 20 GITTLEMAN MGMT-NORTHMARK ASSN City Building Rental City Center Operations 171688 3,890 GOODPOINTE TECHNOLOGY CORPORAT Software Maintenance IT Operating 171689 1,308 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 171690 1,033 GRAINGER Supplies-General Bldg Community Center Maintenance 171691 1,556 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 171692 321 GREATAMERICA LEASING CORP. Postage General 171693 3,360 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 171694 42,659 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 171695 19,967 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store 171696 2,076 GROOTWASSINK,ROBERT Deposits Escrow 171697 53 GUSTAD,MARK Operating Supplies Police 171698 285 HAWK LABELING SYSTEMS Supplies-General Bldg City Hall-CAM 171699 100 HEITNER,TRACY Refunds Environmental Education 171700 700 HENNEPIN COUNTY UT DEPT Software Maintenance Information Technology 171701 900 HENNEPIN COUNTY TREASURER Licenses&Taxes Riley Lake 171702 510 HENNEPIN COUNTY TREASURER Licenses&Taxes Concessions 171703 6,000 HERB ANDERSON CONSTRUCTION Other Contracted Services Rehab 171704 2,274 HOHENSTEINS INC Beer Prairie View Liquor Store 171705 352 HOLMES,JOHN CARTER Other Contracted Services Volleyball 171706 264 HOLMES,TOM Other Contracted Services Volleyball 171707 100 HOWE,SUSAN Refunds Environmental Education 171708 5,058 I2 INC Software IT Operating 171709 811 IND SCHOOL DIST 272 Transportation Special Events&Trips 171710 31 JANEX INC Supplies-General Bldg City Hall-CAM 171711 8,424 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 171712 34,824 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 171713 227 JOHNSTON,ROB Mileage&Parking Police 171714 870 KEEPERS Clothing&Uniforms Fire 171715 13 KELM,GREGORY Memberships Community Center Admin 171716 5,136 KENNEDY,ROXANNE Clothing&Uniforms Concessions 171717 75 KOPISCHKE,MICHAEL R Other Contracted Services Broomball 171718 349 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM 171719 3,262 KUSSKE CONSTRUCTION Improvement Contracts Improvement Projects 2006 171720 480 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Utility Operations-General 171721 539 LANO EQUIPMENT INC Equipment Parts Fleet Operating 171722 543 LEO Tuition Reimbursement/School Police 171723 43,838 LOGIS LOGIS Information Technology 171724 521 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 171725 450 MAAO Dues&Subscriptions Assessing 171726 120 MAGC Dues&Subscriptions Communication Services 171727 82 MALONE,TOM Instructor Service Fall Skill Development 171728 6,751 MARK VII Beer Den Road Liquor Store 171729 811 MASS BAR-MATE CORP Misc Taxable Den Road Liquor Store 171730 40 MCA STUDENT SERVICES COMMITTEE Tuition Reimbursement/School Police 171731 82 MCGRAW-HILL CONSTRUCTION ENR Dues&Subscriptions Engineering 171732 175 MCLEOD COUNTY SHERIFFS DEPT. Deposits Escrow 171733 78 MCWATERS,LORENE Miscellaneous City Council 171734 498 MENARDS Operating Supplies Utility Operations-General 171736 354 METRO SALES INCORPORATED* Software and Hardware Information Technology 171737 333 METROPOLITAN FORD Equipment Parts Fleet Services 171738 1,099 MGB PRINTING SERVICES Printing Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit 171739 592 MIDWEST SIGN&SCREEN PRINTING Operating Supplies Park Maintenance 171740 249 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation 171741 32 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 171742 132,814 MOCHA DATA Miscellaneous Information Technology 171743 261 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 171744 500 NATIONAL CAMERA EXCHANGE Video&Photo Supplies Fire 171745 69 NETA Tuition Reimbursement/School Fitness Classes 171746 637 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 171747 100 NICHOLLS,KENNETH Refunds Environmental Education 171748 3,000 NOREX Other Contracted Services IT Operating 171749 635 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 171750 705 OFFICE DEPOT CREDIT PLAN Operating Supplies Aquatics&Fitness Admin 171751 146 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 171752 7,152 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 171753 308 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint IT Operating 171754 18,034 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 171755 344 PITNEY BOWES Postage General 171756 36 POMP'S TIRE SERVICE INC Equipment Parts Fleet Operating 171757 247 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 171758 51 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Fire 171759 2,924 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 171760 157 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 171761 13,826 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 171762 20 QUICKSILVER EXPRESS COURIER Other Contracted Services Communication Services 171763 230 QWEST Telephone Telephone 171764 125 RAY,LEE Other Contracted Services Basketball 171765 522 REBS MARKETING Other Contracted Services Water Accounting 171766 71 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 171767 1,375,046 RJM CONSTRUCTION INC Building Community Center Expansion 171768 10 RON'S MECHANICAL INC Cash Over/Short General Fund 171769 17 RUMFORD,JOAN Program Fee Red Hat 171770 15 RUPP,ALEX Events/Admission Fee Teen Programs 171771 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 171773 113 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 171774 5,694 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 171775 350 SOUNDS GREAT Other Contracted Services Special Initiatives 171776 11,414 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit 171777 100 SOUTHERN OHIO LECC Tuition Reimbursement/School Police 171778 904 SPIRIT APPAREL&STUFF Clothing&Uniforms Fitness Center 171779 110 STAAF,CARTER Miscellaneous Reserves 171780 28 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 171781 1,259 STATE OF MINNESOTA Autos Fleet Capital 171782 100 STEPANEK,AMY Refunds Environmental Education 171783 945 STREICHERS Training Supplies Police 171784 86 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 171785 2,306 SUBURBAN CHEVROLET Insurance Property Insurance 171786 79 SUN NEWSPAPERS Legal Notices Publishing City Clerk 171787 225 SWANSON,JEFF Other Contracted Services Broomball 171788 15,408 THORPE DISTRIBUTING Beer Den Road Liquor Store 171789 184 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Community Center Maintenance 171790 44 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 171791 3,465 TOTAL DISPLAYS Training Supplies Police 171792 579 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 171793 431 U S BANK Paying Agent G.O.Improvement Bonds 2003D 171794 102 ULINE Supplies-General Building City Center Operations 171795 466 UNIFORMS UNLIMITED Clothing&Uniforms Police 171796 428 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Park Shelters 171797 200 UNIVERSITY OF MINNESOTA Conference Expense Sewer Utility-General 171798 17 VERIZON WIRELESS Pager&Cell Phone Fleet Operating 171799 9,266 VIDEOTRONIX INC Other Assets Capital Impr./Maint.Fund 171800 1,500 VR BUILDERS Other Contracted Services Rehab 171801 394 W E NEAL SLATE CO Operating Supplies Street Maintenance 171802 2,319 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 171803 735 WATERDROP INNOVATIONS Training Supplies Storm Drainage 171804 30 WETLAND PROFESSIONALS ASSOCIA Dues&Subscriptions Storm Drainage Check# Amount Vendor/Explanation Account Description Business Unit 171805 3,585 WINE COMPANY,THE Wine Imported Den Road Liquor Store 171806 1,598 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 171807 262 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store 171808 62,545 XCEL ENERGY Electric Street Lighting 171809 9,037 YALE MECHANICAL INC Contract Svcs-HVAC Community Center Maintenance 171810 264 ZAHN,GERALD Other Contracted Services Volleyball 171811 54 ZEE MEDICAL SERVICE Office Supplies General 171812 630 ZIEGLER INC Contract Svcs-Electrical Public Works/Parks 171813 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Housing and Community Service 171814 210 GE CAPITAL Other Rentals General 171815 299 METRO FIRE Protective Clothing Fire 171816 5,370 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 171817 169 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 171818 69 NETA Tuition Reimbursement/School Fitness Classes 171819 892 PETTY CASH Mileage&Parking Water Distribution 171820 6,966 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 171821 100 USPCA REGION 12 Tuition Reimbursement/School Police 5,038,137 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Leslie Stovring Approve First Reading of an Ordinance Public Works /Environmental Amending City Code Section 9.01 Requested Action Move to: Approve First Reading of an Ordinance Amending City Code Section 9.01 Relating to Storage, Deposit and Collection of Refuse, Yard Waste and Solid Waste. Synopsis City Code Section 9.01 was revised to expand the requirements of this section to cover storage,deposit and collection of recyclable waste. A provision requiring multiple family dwellings to provide recycling service and language to prohibit scavenging of recyclable and solid waste were also added. A number of editorial changes were completed and some of the definitions were updated to reflect current usage. Background Information This revision adds language to Section 9.01 to clarify and expand storage, deposit and collection of recyclable wastes. The major revisions are as follows: • Add requirements for storage,collection and disposal of recyclable waste within the City,including for multi-family dwellings • Add definitions for recyclable waste,including aluminum,can,corrugated cardboard,glass,paper and plastic recyclables • Update definitions to reflect definitions used in other sections of the City Code or by other cities who have added provisions for recyclable waste • Add provisions for collection and scheduling of recyclable waste, information to be provided to residents, container types, transportation and disposal of recyclable wastes • Add provision to make scavenging of recyclable or solid waste unlawful • Add penalty for violation provision A mailing to apartments, townhome associations and other potentially affected parties was mailed between December 27, 2007 and January 4, 2008. In addition, an article on the pending revision was published in the Eden Prairie News on January 17,2008. No comments or concerns have been received regarding the proposed revision. Attachments • Attachment 1 —Draft Section 9.01 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING SECTION 9.01 OF THE CITY CODE RELATING TO THE STORAGE, DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE, AND SOLID WASTE AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9, Section 9.01 entitled "Storage, Deposit and Collection of Refuse, Yard Waste, and Solid Waste" is amended in its entirety to read as follows: SECTION 9.01. STORAGE,DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE, RECYCLABLE WASTE AND SOLID WASTE Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the practice of disposing of Recyclable Waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental to the long-term capacity of public and private landfills and is detrimental to the environment in that it causes pollution and contamination of underground and surface waters, air and natural flora and fauna; is harmful to the health and safety of persons and property because it generates noxious and dangerous odors and gases, including methane gas and; blowing of airborne particles and contaminants causes social and/or economic harm to persons who reside, and property which is, in proximity to landfills and should be done only in the absence of reasonably-available alternatives. In an effort to extend the life of landfill capacity as well as to ameliorate the social, economic and physical harm cased by the disposal of Recyclable Waste in landfills, the Council of the City herby adopts the following provisions relating to Recyclable Waste. Subd. 2. Definitions. For purposes of this subsection, the following terms have the meanings indicated: A. Association — Association means all cooperative organizations of residential dwelling owners formed for the purpose of joint management of property or services. B. Collection—Collection means the aggregation of Solid Waste or Recyclable Wastes from the place at which it is generated and includes all activities up to the time when the material is delivered to the facility designated by the owner of the Single Family Dwelling, Multiple Family Dwelling, Commercial Establishment or Licensee. C. Compost - The product of a managed process through which microorganisms naturally break down organic materials, including Yard Waste, fruit or vegetable matter, eggshells or coffee grounds, by bacteria, fungi and other organisms into more available forms suitable for application to the soil and is used to improve soil structure and provide nutrients to the soil. D. Compost Area—A defined area used for composting. E. Composting - Any above ground microbial process that converts decaying organic materials to compost, humus or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. F. Garden — A well-defined ground area used for cultivation of flowers, vegetables and shrubs. G. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care activities such as mowing, trimming, gardening or raking consisting of grass clippings, twigs, tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden waste and leaves.. The definitions applicable to Section 5.36 shall govern any terms used but not defined herein. Subd. 3. Storage. A. Storage containers for Single Family Dwellings, Multiple Family Dwellings or Commercial Establishments must be stored at least twenty (20) feet from the property line. Storage containers stored within a front yard must be screened from the public street with an opaque fence or coniferous landscape material. For the purposes of this ordinance, a corner lot shall be defined as having two front yards. B. Storage containers for Solid Waste, Recyclable Materials or Yard Waste may be set curbside 24 hours prior to the scheduled pickup. The storage containers must be removed from curbside within 24 hours after the scheduled pickup. C. It is unlawful for the owner or occupant of a Single Family Dwelling to store Solid Waste at the dwelling for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in five to one hundred gallon metal or plastic containers with tight-fitting covers, which shall be maintained in a clean and sanitary condition. D. It is unlawful for the owner or occupant of a Single Family, Multiple Family Dwelling or Commercial Establishment to store Yard Waste at the dwelling or establishment for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. E. It is unlawful for the owner or occupant of a Multiple Family Dwelling to store Solid Waste at the dwelling for more than one (1) week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in containers as for Single-Family Dwellings, except that so-called "dumpsters" or Roll Off Containers with tight-fitting covers may be substituted. F. It is unlawful for the owner or occupant of a Commercial Establishment to store Solid Waste at the establishment for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in containers as for Single Family Dwellings, except that so-called "dumpsters" or Roll Off Containers with tight-fitting covers may be substituted. G. It is unlawful to store Solid Waste, except fruit or vegetable waste, eggshells or coffee grounds, in a Compost Area pursuant to Subd. 6 hereof, unless it is drained and wrapped and in enclosed containers with tight-fitting covers. H. No Yard Waste or Solid Waste may be buried without prior written permission from the City of Eden Prairie. I. Only one (1) Roll Off Container for collection of Solid Waste or construction debris is allowed for Single Family Dwelling at a single time and for no more than 90 days unless previously approved in writing by the City Manager or his/her designee. J. Roll Off Containers shall be placed on a hard surfaced driveway when feasible. If the Roll-Off Container must be placed on a grassed or landscaped surface in accordance with the Permit conditions approved under City Code Section 6.03 Subdivision 1, the surface shall be stabilized by seeding (if prior to September 15), sodding, mulching, or other equivalent measure pre-approved in writing by the City within 60 days of removal of the Roll Off Container unless approved otherwise in writing by the City Manager or his/her designee. Subd. 4. Recyclable Waste Collection. Owners, Associations or other management entities for Multiple Family Dwellings must, by, or not later than July 1, 2008, make available to the occupants of all dwelling units on the premises services for the Collection of Recyclable Waste which accumulates on the premises in accordance with the following provisions. A. Schedule. The Collection services must be available on the premises and must be provided on a regularly-scheduled basis. The owner and owner's employees may provide the Collection services personally, or the owner may utilize a Licensee as in Section 5.36. B. Recycling Information Required. The owner of a Multiple Family Dwelling must provide information to the occupants of each dwelling unit which notifies the occupants of the availability of Collection services, clearly describes and lists the procedures required to prepare the Recyclable Waste for Collection, and identifies the dates and times of Collection. C. Container Requirements. The owner of a Multiple Family Dwelling must provide containers for the Collection of Recyclable Waste and must maintain the containers in a clean and sanitary condition. The containers must be sufficient in number and size to meet the demands for recycling services created by the occupants. The owner must replace stolen or broken containers and purchase additional containers as needed. Containers must be placed in a location on the premises which permits access for Collection purposes but which does not obstruct pedestrian or vehicular traffic and must comply with the City's zoning ordinance. D. Transportation and Disposal. Upon Collection by the owner, owner's employees, or Licensee, Recyclable Wastes must be delivered to a recyclable material processing center, an end market for sale or reuse, or to an intermediate Collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of Recyclable Waste in a solid waste disposal facility. Recyclable Wastes must be transported in a covered vehicle so that the recyclables do not drop or blow onto any public or private property during transport. Subd. 5. Anti-scavenging. It is unlawful for any person other than the owner or owner's authorized employees or contractors to scavenge, collect, remove, or dispose of Solid Waste and/or Recyclable Waste after the materials have been placed, set out or deposited for Collection at the curb or in areas designated for the separation of Recyclable Waste. Subd. 6. Compost Requirements. It is prohibited for any person to engage in Composting on public, commercial, office or industrial property without prior written permission from the City. It is prohibited for the owner or occupant of a Single Family or Multiple Family Dwelling to engage in Composting except as hereinafter provided. A. A Compost Area shall be established in such a manner so as not to create an odor or other condition that is a nuisance; B. A Compost Area may consist only of Yard Waste, fruit or vegetable waste, eggshells or coffee grounds generated from the site on which the compost is located. C. A Compost Area may not occupy any front yard setback and must be ten (10) feet from any side or rear yard lot line. D. Fruit or vegetable waste, eggshells or coffee grounds must be enclosed in a container or other manner which will prevent animals from disturbing or removing the contents. E. A Compost Area shall not be larger than .025 to the total lot area and in no case exceed five hundred (500) square feet or four (4) feet in height. Every Compost Area must be contained within a fenced area or enclosed container, except a Compost Area consisting of yard waste not exceeding eighteen (18) inches in height may be placed upon a Garden without a fence or closed container. Subd. 7. Deposit of Solid Waste. It is unlawful for any person to deposit Solid Waste from any source, rubbish, offal, or the body of a dead animal in any place other than a sanitary landfill or licensed disposal facility. Subd. 8. Solid Waste Collection Contract. Every occupant of Single Family Dwellings, Multiple Family Dwellings, and Commercial Establishments shall be a party to, or the beneficiary of, a contract for the collection of the Solid Waste generated on or within such Single Family Dwelling, Multiple Family Dwelling, or Commercial Establishment. Subd. 9. Penalties for Violation. Violation of this subsection is a Petty Misdemeanor. A fourth or subsequent violation of this subsection is a Misdemeanor. Section 2 - Effective Date - This Ordinance shall take effect upon its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the l2th day of February, 2008 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2008. Kathleen Porta, City Clerk Phil Young, Mayor CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 12, 2008 ITEM NO.: XI.B. DEPARTMENT/DIVISION: ITEM DESCRIPTION: Parks & Recreation Ordinance Amending City Code Section 4.50 Jay Lotthammer, Director Requested Action Move to: Move to approve first reading of Ordinance amending City Code Section 4.50. Synopsis City Code Section 4.50 allows the sale of liquor at any convention,banquet, conference, meeting or social affair conducted on the premises of a sports of convention facility owned by the City. Section 4.05 prohibits, except as otherwise provided in Chapter 4, the granting of any license for the sale of alcohol within 300 feet of a public elementary or secondary school structure or within 100 feet of a church structure. The Parks Department plans to allow catered events in the Community Center, such as banquets, weddings, and other social affairs at which liquor will be served. The Community Center is within 300 feet of the Eden Prairie High School. This ordinance amendment proposes to amend Section 4.50 to clarify that the permission granted in Section 4.50 qualifies for the exception to the prohibition in Section 4.05. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 4 SECTION 4.50 RELATING TO SALE OF LIQUOR AT SPORTS OR CONVENTION FACILITIES OWNED BY THE CITY AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Section 4.50 is amended by adding the underlined text at the beginning of the section: "Notwithstanding the restrictions set forth in Section 4.05, Subd. 4 of the City Code, the Council may authorize any holder of an on-sale license issued by the City or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the City, or instrumentality thereof having independent policy-making and appropriating authority and located within the City. The licensee must be engaged to sell liquor at such an event by the person or organization permitted to use the premises and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. Such sales may be limited to designated areas of the facility. All such sales shall be subject to all laws relating thereto. Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Section 4.99 entitled violation a Misdemeanor" are hereby adopted in their entirety by reference as through repeated verbatim herein. Section 3. 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 12th day of February, 2008, and finally read and adopted and ordered published at the regular meeting of the City Council of said City on the day of March, 2008. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of March, 2008. CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.A.1. City Council Establish policy to hold a Public Hearing when annual user fees are updated Requested Action Move to: Direct staff to develop a resolution establishing a City Council public hearing for the City's annual User Fee Update Resolution. Synopsis During the final stages of our annual budget process, it is customary for the Council to take two actions that increase City user fees. One action increases some user fees by ordinance. Examples of these fees are park improvement fees, liquor licenses and building permits. These fees are governed, in some respects,by Minnesota State Statute,which requires a mandatory public hearing. The other fee increase action is a set of fees that are not governed by Minnesota State Statute. Examples of these include Community Center membership fees,park reservation fees and City Center room rental fees. This action is typically placed on the Council's consent agenda. There is no mandatory public hearing to change this set of fees. Council Member Nelson has expressed interest in establishing a policy obliging the City to host a discretionary public hearing for the latter set of fees when the Council is considering an action to change them. This is a policy option within the Council's discretion to establish. If the motion is approved, City staff will confer with the City Attorney to draft a resolution establishing this policy. I anticipate this resolution would be ready for the Council to consider at the July 15, 2008, Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager February 12, 2008 ITEM NO.: XV.B.1. DEPARTMENT/DIVISION: ITEM DESCRIPTION: Scott Neal, City Manager 2008 Budget Advisory Commission Schedule Requested Action Move to: Move to approve proposed 2008 BAC meeting schedule and proposed policy direction. Synopsis Based on our discussion at the Council's January 19, 2008 annual planning session, Sue Kotchevar and I collaborated to produce the attached memorandum. If approved, the attached memorandum will establish the BAC's 2008 meeting schedule and establish its 2008 work plan. The tentative plan is for the commission to meet on the second Tuesday evening of each month. Staff are still verifying the second Tuesday meeting date with the BAC members at the printing deadline for this Council packet. If there is a change in that meeting time, I will inform the Council at the February 12 Council meeting. The proposed work plan for the commission in 2008 is to review the City's Capital Improvement Plan (CIP). Also included in the attached memorandum is a schedule of the topics for each monthly meeting. The intended outcome of this work plan is a recommended 2009-2013 CIP which will be presented to the Council as part of the Council's 2008 budget approval process in December. The final element of the attached memorandum provides scope and parameters for the BAC's process of analyzing the CIP. I believe the scope and parameters provide the BAC the sort of policy direction they told us they were seeking from the Council, while also maintaining the Council's important leadership position in determining the City's overall public policy direction. Attachments Proposed Schedule 2008 BAC Schedule The topic for 2008 will be the 2009 to 2013 capital improvement plan. A preliminary schedule and specific areas of discussions are set below for the 2008 BAC meetings: March BAC Planning Meeting April Fire and Police Projects May Information Technology June Building Maintenance July Park Infrastructure Funding August Pavement Management Funding September Street and Roadway Capacity Improvement Funding October Vehicle Replacement Funding November Utility Infrastructure Funding December A City Council public hearing will be held in November or December. The Council will then adopt the CIP. Critical questions to be answered after each meeting by the BAC include: • Were the projects adequately described? • Was the need for the projects justified? Where appropriate, is there a systematic method for identifying projects and costs? Was the condition of current assets including the projected need for repair or replacement and the likely demand for the improvement considered? • What is the funding outlook for these projects? • Does the BAC have any recommendations in this area including any budgetary and operational changes? What are the recommendations and why? CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.B.2. Scott Neal, City Manager Status of Heritage Preservation and Immigrant Services Activities Requested Action This is an information item. No action is requested. Synopsis During the Council's final deliberations of the 2008-2009 City Budget, the Council directed staff to decrease the city's scope of services in two specific program areas: immigrant services and heritage preservation services. I have been conferring with the City staff members who work in and manage those two program areas to develop a plan to implement the Council's policy direction. I will present a verbal report at the Council meeting to describing the programmatic changes in these two areas resulting from the Council's final action on the 2008-2009 City Budget. CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 12, 2008 ITEM NO.: XV.B.3. DEPARTMENT/DIVISION: ITEM DESCRIPTION: Parks & Recreation MnDOT Right of Way Re-conveyance Process Jay Lotthammer, Director Requested Action Move to: Direct staff to submit a letter to MnDOT expressing the City's interest in the conveyance of the T.H. 312 excess right-of-way located at the southwest corner of the intersection of Eden Prairie Road and Scenic Heights Road. Synopsis City staff has identified an eight-acre parcel of excess MnDOT right-of-way located at the southwest corner of the intersection of Eden Prairie Road and Scenic Heights Road. The land was used as a staging area for the TH 312 construction project. MnDOT gives cities first priority to acquire their excess right-of-way. The City must purchase the land at fair market value. The process can take two or more years to complete. The cost of expressing our official interest is a $1,000 deposit for an appraisal of the parcel, which would be forfeited by the City if it decides not to follow through on the purchase following the determination of the fair market value of the land. City staff believes this parcel could be a desirable site for a future affordable housing development. The area around this parcel is guided for low density residential development , with a maximum density of 2.5 units/acre, giving it a developable potential of 20 new residential lots. While staff does not have a plan yet for the acquisition and development of the site, we recommend that City Council authorize staff to officially express the City's interest in acquiring this site, if for no other reason than to get our"foot in the door" for the future. Attachments Aerial view of site .--- -°.le ••• . , .1., ., ze ..---""' ............0."— , Or i . i:19,veek. r._----• ----`7.....-•dill!ilik ' 1 WAY 3'12 ' / Ns HWY312 TO EDEN PRALRIE RD / 7• Ae ... ,..., .i. 1 wv: rt I "%‘4 mintiT all MnDOT igi et ..,,, / •-' mammas iiM Right of Way --i: i . , 4•1 '. . sarklre Lon 1101, -Ow .IMMI 1 ilk . N , Road Aerial Hybrid litirdrl eye I) 4111) • •--- 7... 1 • ' , )- -.' - t.. •rt , . P ) Scenic Heights Road .7,e -,.,,,' • 1 ...,.r. ".11' MnDOT ROW Used as Staging Area •• 116ii se.. During TH312 Construction S. - ie..... -.., .., .. -0 . . 1 ..... _ .... Si • '. ... - View Looking North- ‘ ' 1r ,. .041 ,-; Pet 4 ual Eaith I Irn.C.,.., -••• ' _ - ---- Rd Moto H,t r A Brrd's eye --••• ... --7. _26/4.ri .. . i • ' ' IVOLOkilliitt. - r \ 14 011 • - , , , •4 ' ,. va• / J _ , , • ... t- • - -.. . ._... •. ... 161. ... likii. z cip, ..;, i! c ..- i .7. ' - .. — _ — _. --2"----- 4 _ - . • J Seerni . ,- . V' ual Earth t , ,, , , , - View Looking South - --, ....-,,..:,_ -.....o.....,-Arra."-.' - — ' CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.C.1. Community Development/ 2008 Guide Plan Update Planning Janet Jeremiah Requested Action Move to: • Direct Staff to distribute draft copies of the 2008 Guide Plan Update Plan to affected jurisdictions for the required 6 month review. Synopsis Before the 2008 Guide Plan is submitted to affected jurisdictions, the staff is asking the City Council to confirm the general direction of the plan. The plan contains an executive summary with a chapter by chapter explanation of the changes in the plan. In general, the plan changes can be summarized as follows. 1. Development of a Town Center in the Major Center Area(MCA). 2. Development of mixed land used in the Golden Triangle Area. 3. Increased population by 2030 to 77,431 (+13,885). 4. Increased number of households by 2030 to 33,067 (+8,603). 5. Increased employment by 2030 to 77,017 (+16,362). 6. Additional senior and affordable housing units in the MCA. 7. An alternative light rail alignment to serve the MCA, Town Center, and Golden Triangle. 8. The airport chapter is now part of the transportation chapter. In the last update it was a separate chapter. The update recommends that the airport be guided"Airport"rather than its current"Public" designation. An airport zoning district and regulations will need to be developed. 9. A new chapter called Economic Development which includes the Council's current economic development policies as well as new ones for the MCA and Golden Triangle. 10. A new chapter called Active Community Planning which contains policies for creating a more physically, socially and environmentally healthy community. Amendments in the plan are shown in color. General amendments are a red font. Senior housing amendments are a blue font. Sustainable amendments are a green font. Planning Commission Recommendation. At the January 28, 2008 meeting the Planning Commission passed a motion indicating they had completed the review of the update and were comfortable with the direction of the plan. 1 Background Information Minnesota law outlines a sequence for submitting a comprehensive plan to the Metropolitan Council. Step 1: Submit plans to affected jurisdictions (generally adjacent cities, counties, school districts, watershed districts and airport commissions, etc.) for a 6 month review. Step 2: The Planning Commission approves the guide plan update. Step 3: The City Council gives its preliminary approval, subject to Metropolitan Council review, and authorizes its submittal to the Metropolitan Council. Step 4: The Metropolitan Council takes 15 days to determine if the guide plan update is complete for review. Step 5: If the update is complete, the Metropolitan Council has 120 days to complete its review and make a recommendation. Step 6: Within 9 months of Metropolitan Council approval the City must formally adopt its plan. Attachments 1. 2008 Guide Plan Update 12-21-07 version 2 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.D.1. Jay Lotthammer, Director, Amend Guidelines for Community Use of Parks and Recreation Parks and Recreation Rental Facilities Motion Move to: Amend the policy entitled Guidelines for Community Use of Parks and Recreation Rental Facilities, section XIV. Alcoholic Beverages in order to permit alcoholic beverages at the Eden Prairie Community Center. Synopsis Staff is recommending conducting a Request for Proposal process to obtain several quality caterers to provide a wide variety of food, beverage and price options for those who rent space at the Eden Prairie Community Center. In order for caterers to serve alcohol at events at the Eden Prairie Community Center, a policy change would need to occur. This item would amend the policy entitled Guidelines for Community Use of Parks and Recreation Rental Facilities, section XIV. Alcoholic Beverages. The effect of the modification would permit alcoholic beverages to be served at the Eden Prairie Community Center by a pre-approved licensed vendor. Background On September 19, 2006 the City Council adopted a policy entitled Guidelines for Community Use of parks and Recreation Rental Facilities. In addition to items such as: rental classifications, priority of use, hours of operation and other general policies; this document includes a section on alcoholic beverages that currently states "Alcoholic beverages are permitted at City facilities, EXCEPT at Eden Prairie Community Center, City property adjacent to a school, Flying Cloud Fields, and Round Lake fields north of Valley View Road." To make the Eden Prairie Community Center eligible to have alcoholic beverages served by a licensed vendor, the sentence would need to be changed to read, "Alcoholic beverages are permitted at City facilities, EXCEPT at City property adjacent to a school (with the exception of the Eden Prairie Community Center when served by a licensed vendor), Flying Cloud Fields, and Round Lake fields north of Valley View Road." Staff feel that the best course of operation for providing food to events and banquets at the Eden Prairie Community Center is to select several caters who are authorized to dispense food and beverages. In addition to providing a known and professional quality for the user groups the caterers would be required to contribute a percentage of their revenue to the Eden Prairie Community Center. Using a professional caterer is a standard practice at most community centers. The percentages listed are consistent with other cities such as Maple Grove, Plymouth and Brooklyn Park. Amend Guidelines for Community Use of Parks and Recreation Rental Facilities February 12, 2008 Page 2 The draft Catering RFP would require selected caters to contribute the following percentages: For all food& beverage service provided by the Caterer (excluding tax and gratuity) Monday—Friday 6:00 a.m. to 5:00 p.m. 8% of all gross sales* Monday—Friday 5:00 p.m. to midnight 12% of all gross sales* Saturday/ Sunday/Holidays 6:00 a.m. to midnight 12% of all gross sales* Alcoholic beverages including all bar sales 25% of all gross sales The City Attorney feels that a small clarification to the current ordinance relating to alcohol will need to be made in conjunction with this policy change. This is presented as a separate item under the Ordinance and Resolutions portion of the agenda. The Parks, Recreation and Natural Resources Commission reviewed these items at their February 4, 2008 Commission meeting. A motion to support this policy change was unanimously approved. Attachments Guidelines for Community Use of Parks and Recreation Rental Facilities Alcoholic Beverages-page 10 Draft Catering Request For Proposal (RFP) Approved by Eden Prairie City Council on September 19, 2006 POLICY GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES City facilities are operated by the City of Eden Prairie under the following policies and guidelines adopted by the Eden Prairie City Council on September 19, 2006. The Council recognizes the value of these facilities being available to serve Eden Prairie residents, civic and religious groups, and businesses. PURPOSE AND INTENT The intent of this policy is to promote regular and active use of the facilities. It outlines scheduling procedures, rental classification, charges, and sets rules and regulations for use of the facilities. Charges and/or user fees are based on staffing, set-up, and maintenance costs, as well as market rates for similar facilities. The City of Eden Prairie does not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability in the admission or access to programs, services, activities, or employment. I. Rental Classifications Group 1: Any activity related to the operations of Eden Prairie's City government including, but not limited to, City Council, board and commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state representatives. Group 2: Public agencies, School District 272, civic organizations, PROP, SW Metro Transit, non-profit professional groups with City representation, Eden Prairie based groups (user group that has its headquarters in the City of Eden Prairie, or has at least 75% of its membership roster residing in Eden Prairie) which contribute to the well being and betterment of the community, and those businesses currently working with City projects. Group 3: Eden Prairie residents, Eden Prairie businesses, and persons who work at an Eden Prairie business. (Documented proof may be requested) Group 4: Non-resident individuals, groups, commercial, non-profit, and business organizations. (Limited to rentals at Eden Prairie Community Center) Policy— Community Use of Parks & Recreation Rental Facilities Page 2 of 13 II. Rental Facilities Park Pavilions & Buildings - Round Lake Park Pavilion, Homeward Hills Park Barn*, Round Lake Park Building*, Staring Lake Park Building*, Miller Park Building*, Crestwood Park Building*, Nesbitt-Preserve Park Building*, Riley Lake Pavilion, Riley-Jacques Barn, and Purgatory Creek Park. Warming Houses - Park buildings* located throughout the City and used for ice skating and sledding activities from December 15 through March 1, include the warming houses at Forest Hills, Prairie View, and Edenvale parks. * Denotes facilities utilized as warming houses. Amphitheatre - located at Staring Lake Park Outdoor Center- located at Staring Lake Park Community Center - ice arenas, racquetball courts, swimming pool, and meeting rooms Senior Center- community room and meeting rooms Outdoor Athletic Facilities - volleyball courts, basketball courts, softball/baseball fields, soccer/football/lacrosse fields, tennis courts. These park amenities are available on a first-come, first-serve basis, unless they are being used for a City program or have been reserved. Outdoor athletic facilities are available for rent along with a park pavilion/building rental, for a fee. See the separate document "Guidelines for Priority Use of Public Facilities" for rental details. Trail System - for walks and/or runs. Rental of a park building or pavilion is required to hold a walk and/or run. Walks and/or runs beyond the park property will require approval from other departments. Walks and/or runs do not have exclusive use of trails or streets, unless required for safety purposes. In cases of exclusive use, signage and/or additional staff/volunteers may be required, in the discretion of the Parks and Recreation Director. III. Hours of Operation City park hours are 6 a.m. to 10 p.m., daily. Rental use beyond these hours requires the approval of the Parks and Recreation Director. The Community Center is open from 6 a.m. to 10 p.m., daily. The Senior Center business hours are from 8:30 a.m. to 4 p.m., Monday through Friday. The Senior Center is reserved for Senior and City program use during this time. The Senior Center may be available for rent, for other uses, on weekday evenings and weekends. Policy—Community Use of Parks & Recreation Rental Facilities Page 3 of 13 Warming houses are available for rent during non-public ice skating/sledding hours only,unless using upper level of Homeward Hills Park Barn. IV. General Information Rental of a facility does not allow for exclusive access of other park amenities (ballfields, tennis courts,playground,public bathrooms, etc.). Group 1 meetings, events, and activities have priority. Rental scheduling for Groups 2, 3, and 4 will be on a first-come, first-serve basis; with special reservation guidelines pertaining to walks and/or runs. Group 4 may rent at the Community Center only. No person who has not attained the age of 21 years shall be allowed to rent a facility. A minimum notice of 3 business days is required for rental of a facility. Senior Center reservations require advance notice of 7 days. User groups are not allowed to reserve City facilities on a continuing basis (i.e. daily, weekly, monthly) without the approval of the Director of Parks and Recreation. The City reserves the right to restrict the number of dates an individual or group may reserve. This is to ensure the availability of facilities to all user groups. If deemed necessary, the City reserves the right to substitute a meeting room or facility other than that stated or requested, in order to minimize conflicts of compatibility, space, and scheduling. Rental hours shall be calculated from the time the renter enters the space until the time of departure. User groups must adhere to the hours requested and approved on the facility use contract. At some locations, a half-day rental fee versus a full-day rental fee shall be determined by City staff, and not by the number of hours renting a facility. A half- day rental fee will be applied if it is reasonable, in the Parks and Recreation Director's discretion, to assume the facility will be available for rental by another renter for the remainder of the day. Groups renting facilities shall comply with the Equal Opportunity Statutes, and not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability. Policy— Community Use of Parks & Recreation Rental Facilities Page 4 of 13 V. Scheduling 1. Pavilions, Buildings, and Amphitheatre Groups or individuals desiring to use a park pavilion/building shall make arrangements through the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to use the facility. 2. Warming House Some park facilities are used as warming houses from December 15 through March 1. They are not available for rental use during public ice skating/sledding hours, except for the upper level of Homeward Hills. Groups or individuals desiring to use a Warming House shall make arrangements through the Youth and Family Recreation Coordinator. 3. Riley-Jacques Barn Groups or individuals desiring to use the Riley-Jacques Barn shall make arrangements through the Park Facility Scheduler. The Riley-Jacques Barn is available for rental use from the first day of May through the end of October. It may be scheduled for rental on the first business day according to the following time table: Reservations Accepted Months Available First Business Day of March May - August First Business Day of June September- October 4. Outdoor Center Groups or individuals desiring to use the Outdoor Center for nature programs shall make arrangements through the Outdoor Center naturalist. The Outdoor Center may be scheduled for rental according to the following time table: Reservations Accepted Months Available First Business Day of December January - March First Business Day of February April -May First Business Day of March June -August First Business Day of August September- December Policy—Community Use of Parks & Recreation Rental Facilities Page 5 of 13 5. Community Center Groups or individuals desiring to use the Community Center shall make arrangements through the Community Center staff. 6. Senior Center Groups or individuals desiring to use the Senior Center shall make arrangements through the Senior Center staff. Senior Center reservations require a one week advance notice. The Senior Center may be scheduled on the first business day according to the following time table. Reservations Accepted Months Available December 1 January - March February 1 April - May March 1 June -August August 1 September- December 7. Outdoor Athletic Facilities Groups or individuals desiring to use an outdoor athletic facility shall make arrangements through the Athletic Facility Scheduler. See the separate document "Guidelines for Priority Use of Public Facilities" for rental details. 8. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 3 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 2, and 3 will be limited to two per month, per park area. If the event uses multiple sites or a major portion of any roadway, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Parks and Recreation Department prior to publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. Policy— Community Use of Parks & Recreation Rental Facilities Page 6 of 13 VI. Rental Fee The rental fee is required for all chargeable rentals and must be paid within two weeks of the reservation call and before the rental date. Reservations are confirmed only when full payment is made. VII. Damage Deposit A $200 damage deposit, in addition to the rental fee, shall be made by Group 3 and Group 4. The deposit check is required at the same time the rental fee check is submitted. This deposit check shall be returned within one (1) week after the rental date if no deductions are necessary. No damage deposit is required for approved reoccurring rentals. Failure to comply with this Policy may result in loss of damage deposit. VIII. Special User Fee In some instances, a special user fee may be required. This fee will be applied to cover unusual anticipated expenses, such as excessive clean-up, unusual set-up, excess electricity, and/or damages associated with the user's program, event, general use or decorations. The special user fee must be paid at the time the rental fee payment is made and will be held until it is determined by the City if any or all of the fee was required. Any remaining balance will be returned to the renter. There may be a special user fee for large events requiring a special event checklist or rentals requiring additional portable toilets or additional police or security measures. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special user fee is applied to groups with specialized equipment or activities such as dunk tanks, inflatables, moon walks, etc. User groups will be required to pay a special user fee when they provide amplified sound. User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user group's sound system. The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. User groups must receive prior approval from the Director of Parks and Recreation for additional electrical use, additional lighting, etc. An additional fee may be associated with these requested facility use items. Policy— Community Use of Parks & Recreation Rental Facilities Page 7 of 13 IX. Special Event Checklist Any event or activity that may require the assistance of more than one City department or may extend beyond the park boundaries is required to complete a Special Event Checklist with the Licensing Clerk at the Eden Prairie Police Department. Special event authorization will only be approved if proper accommodations can be made (i.e. additional parking, transportation to the site, additional toilets, additional police officers or security measures). A special user fee may apply. Renter may be required to apply for permits through the Eden Prairie Police Department. X. Cancellation Policy The City reserves the right to cancel any reservation. In case of cancellation by the City, reservation fees will be returned accordingly. The rental fee is refundable if cancellation notice is received no less than 10 days prior to the date of the scheduled event. Community Center room rental cancellations require advance notice of one business day. XI. Liability and Damage All rental groups using facilities will be required to sign a waiver of liability on the contract form. A Certificate of Insurance is required to cover the use of specialized equipment, walks/runs, or special events open to the public. The City will not assume liability for loss or damage to property belonging to an organization or group. Any organization, group, or individual reserving space shall be fully responsible for any damage to that space or equipment and any unlawful acts associated with the user's program or event. Any damages to facilities or equipment must be reported immediately. Costs associated with the damage will be deducted from the damage deposit; additional charges may apply. The City reserves the right to cancel future reservations. Policy— Community Use of Parks & Recreation Rental Facilities Page 8 of 13 XII. Regulations Violations of this Policy may result in forfeiture of a user's damage deposit and denial of future use of City facilities; however, that does not exempt violators from possible prosecution under applicable City ordinances, State, or Federal laws. City facilities and parks are smoke free. Use of tobacco products is prohibited as stated in City Ordinance 9.42. The City reserves the right to terminate a rental contract for City code violations. Meetings and activities must be confined to the area(s) reserved. Other meetings and activities may take place at the same time in other rooms. Groups are reminded to have respect for each other's space. Disorderly conduct shall be grounds for immediate termination of the activity/event without refund. This will be determined by City staff or a police officer. 1. Supervision Youth using facilities must be under competent adult (minimum age of 21 years old) leadership and supervision. The renter shall assume full responsibility for the group's conduct and/or the conduct of any member or guest of the group, and for any damage to the facilities, buildings, or equipment. Children must be kept confined to the reserved area of the user group. The City will not assume liability for unsupervised children. The City will be reimbursed by user/renter/group for any costs incurred due to damages or additional cleaning. Youth groups shall be chaperoned on a ratio of one adult (minimum age of 21 years old) for each ten (10) or fewer youth under the age of 18. The number of youth attending and the names of the chaperones may be requested by the staff If the general public is invited, City staff shall determine the number of chaperones needed. If deemed necessary due to the type of function or activity, the City reserves the right to assign an attendant and/or police officer for a user group. The cost of such will be paid by the user group. A building attendant is required to be on site at all times for community use of the Senior Center. The building attendant will assist with set up and take down as required, and perform general clean up as needed. A building attendant is required to be on site for warming house rentals. At all park pavilion/building locations, a building aide will meet the renter at the specified rental beginning time and will come back at the specified Policy— Community Use of Parks & Recreation Rental Facilities Page 9 of 13 ending rental time. The renter is responsible for the rental facility during this rental time, and shall be on-site during this rental time. Enclosed buildings will be unlocked at the beginning rental time and locked at the ending rental time. The renter shall not leave the building unattended during the rental time. 2. Cleaning Rented space and common areas must be left in the same or better state of cleanliness as when renter arrived. Building Aide/Park Attendant shall determine the appropriate level of cleanliness. If additional staff time, beyond that necessary for normal cleaning is required to clean the facility, an additional charge for personnel and cleaning supplies will be deducted from the damage deposit. User groups are responsible for the basic clean up and bagging of trash. All chairs or tables used must be taken down and put away. 3. Parking Parking is available in designated parking areas. Groups that underestimate their number of guests may not have adequate parking. No parking on grass. No driving on trails or plaza. 4. Admission Fee User groups are not allowed to charge an admission fee without the consent of the City Council. See Section XV, of this Policy. 5. Specialized Equipment or Activities Cooking devices suitable for pig roasts are allowed but must remain in the parking lot or designated area. Dunk tanks, moon walks, etc. are allowed at designated areas. A Certificate of Insurance is required. A special user fee is required. Hayrides or sleigh rides are not permitted by rental groups 2, 3, and 4. 6. Animals Rental groups 2, 3, and 4 are not permitted to have non-domesticated animals, including, but not limited to horses, on City property. Policy—Community Use of Parks & Recreation Rental Facilities Page 10 of 13 7. Fireworks/Open Fires Rental groups 2, 3, and 4 are not permitted to have fire works. Rental groups 2, 3, 4 are not permitted to have fires, fire in fire pits, or any open flame. XIII. Food Service Food and beverages are permitted at all locations. Catering services are permitted at all locations. Outdoor grills are available at some park locations, charcoal is not provided. Charcoal grills or gas grills may be brought into the park and used in a safe manner. All charcoal must be removed from the park; safe charcoal disposal sites are not available at the parks. Propane tanks or cylinders shall not be disposed of on Park/City property. Food or beverages may not be sold without permission from City staff. The Hennepin County Health Department will require a food service permit. No food may be left behind at the facility. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. Where available, kitchens may not be used for commercial use (fundraising). Dishes may be used at the Senior Center, but must be washed and put away. XIV. Alcoholic Beverages Alcoholic beverages are permitted at City facilities, EXCEPT at Eden Prairie Community Center, City property adjacent to a school, Flying Cloud Fields, and Round Lake fields north of Valley View Road. Alcoholic beverages may be given by a host to the host's guests at a social event, provided that the host may not sell or engage in a sale of such beverages to the guests without proper liquor licensing. No glass containers permitted. Prior notice to, and approval of, the Parks and Recreation Director are required of any group/or user intending to have a keg, or kegs, of beer on site. Policy— Community Use of Parks & Recreation Rental Facilities Page 11 of 13 Alcoholic beverages may be dispensed to persons attending a convention, banquet, conference, meeting or social affair, by the holder of a retail, on-sale intoxicating liquor license issued by the City of Eden Prairie or an adjacent municipality who has been engaged to dispense intoxicating liquor, at an event held by a person or organization. Alcoholic beverages may be dispensed by an organization which holds an intoxicating on-sale license for the on-sale intoxicating liquor to members and bona fide guests. XV. Fundraising Groups 1, 2, and 3 may conduct fundraising activities at City facilities. Fundraising activities include, but are not limited to: selling articles on-site, advanced ticket sales, walks and/or runs or any other means of collecting monies for a particular purpose or group. The City will allow City facilities to be used for limited fundraising activities to support Eden Prairie based organizations with pre-approval by the Director of Parks and Recreation. At the discretion of the City, any group conducting a fundraiser will be charged a pre-determined fee by the City to cover costs of set-up, maintenance, cleaning and security of the areas utilized for the event. 1. Charitable Gambling Activities Renters conducting activities involving licensed charitable gambling (not a licensed gaming company) must provide proof of compliance with State gaming requirements and receive City Council approval. Requests must come before the City Council through the Parks and Recreation Department at least 45 days prior to the event date. 2. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 3 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 2, and 3 will be limited to two per month, per park area. If the event uses multiple sites or a major portion of any roadway, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Parks and Recreation Department prior to Policy—Community Use of Parks & Recreation Rental Facilities Page 12 of 13 publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. Rental of the park building or pavilion is required to hold a walk and/or run. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special event checklist will need to be completed with the licensing clerk at the Eden Prairie Police Department. XVI. Decorations Failure to comply with decoration policy may result in loss of damage deposit. A decoration plan and installation methods must be pre-approved by City staff. The City reserves the right to remove all decorations which do not meet a pre- approved plan. All decorating time must be included in the rental hours. No double-sided tape or Scotch tape shall be used in decorating. Use poster putty, removable blue painters tape or removable poster tape only on flat painted walls or tables. No tape shall be used on the ceiling. No nails shall be used in decorating. No staples or tacks on flat painted walls or tables shall be used in decorating. No lit candles or open flame shall be used in decorating. No banners, streamers, balloons or signs may be attached to any facility structure or landscaping without prior approval by City staff. Any pre-approved attachments must be removed by the group using the facility immediately after the reservation period. No rice, confetti, or birdseed shall be used in activities or decorating. XVII. Tents and other Props Tents or other structures with stakes, tarps, or any part or portion thereof attached to the facility are prohibited. Free-standing canopy tents are permitted and may be secured with sandbags or weights. Policy— Community Use of Parks & Recreation Rental Facilities Page 13 of 13 Any tables, chairs, dance floor, staging, free standing canopy tents or other props brought in from other sources will not be stored in City facilities, and shall be brought in only during rental hours; and must be removed from the facility at the end of the rental time. XVIII.Amplified Sound Sound Technician The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. The City's Sound Technician shall have complete supervisory control over the operation of the facility. Arrangements for Equipment set up and take down must by made with this person. Access to the stage is for loading and unloading purposes only. The Sound Technician will determine what vehicles will have access to the stage for loading and unloading of equipment, etc. User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user groups sound system. User groups using a sound amplification system will be required to have the sound monitored. The noise level will be monitored and controlled by the City staff equipped with a decibel level meter. The noise level will not be allowed above 70 decibels 100 feet from the source. Failure to comply with this restriction will result in loss of damage deposit and may result in suspension of electrical power. G:\Parks and Recreation\Recreation\Shelter Reservations\POLICY-Community Use of P&R Rental Facilities.doc Cityo Eden Prairie Eden Prairie Community Center Draft Food and Beverage Re uestforProposalq 2008 �Tanua Purpose of Proposal The City of Eden Prairie is accepting proposals to enter into an agreement with three (3) to five (5) exclusive food and beverage (including alcoholic beverage) providers at Eden Prairie Community Center (EPCC). The exclusive Caterer(s) will be expected to provide food and beverage service for a variety of events including weddings, banquets, meetings, and other special event functions beginning April 1, 2008. The Caterer(s) will be the only food and beverage providers available to clients, unless exempted by previous agreement(including senior events and groups of thirty or less) with the City of Eden Prairie or those instances when ethnic, cultural, or religious needs cannot be met by the provider(s). The Caterer(s) may subcontract food and beverage service with the approval of EPCC management to accommodate those needs). The selected Caterer(s) will be responsible to hold a current on-sale liquor license valid in the City of Eden Prairie and hold a certificate of insurance with the City named as additional insured as detailed here within. If the City chooses multiple Caterers, the City will not make any recommendations on which Caterer to utilize with the clients. We will only provide contact information to ensure fairness to all potential caterers. The City will continue to charge base room rental fees as applicable. The Caterer(s) will be required to reimburse the City a percentage of the revenues generated at EPCC and described here within. Eden Prairie Community Center Room Information The Eden Prairie Community Center offers places to gather for every occasion. From business and group meetings to receptions and birthday parties, the EPCC can accommodate groups up to 100 people. There are six meeting rooms available for rent. For further information about any of the meeting rooms call 952-949-8470. Cambria Room The Cambria Room provides a classic venue, ideal for intimate weddings, receptions, conferences and formal gatherings. The Cambria room features Cambria counter tops with up- graded cabinets, carpeting,tables, chairs, audio system and a wooden dance floor. 1850 sq. ft Seating Arrangements Group size Auditorium style 100 Banquet style seating 80 Banquet style with dance floor 60 Classroom style 60 Room A Room A is a carpeted room, complete with cabinets that can accommodate 30-50 people and is well suited for medium size group gatherings. Audience, classroom and closed square styled seating are available. 900 sq. ft Room B Room B is a large carpeted room, complete with cabinets and a marker wall. This room can accommodate 65-80 people, and is ideal for large group meetings. Audience, banquet,classroom and closed square styled seating are available. 1435 sq. ft 2 3 Room C Room C is a wet/dry tile floored room, complete with sink and counters. This room can accommodate 24 people. It is ideal for groups that are working on art projects and birthday parties for children. Classroom and closed square styled seating are available. 500 sq. ft Room D-E Rooms D-E are small carpeted rooms that can accommodate 12-24 people. These rooms are ideal for small business or athletic association meetings. Audience, classroom and closed square styled seating is available. 300 sq. ft Note:Various AN rental equipment is available when utilizing the meeting rooms. About the Eden Prairie Community Center's Customers EPCC customers are diverse in age and culture. Our customers have varying expectations in their food and beverage needs. Caterer(s)must be able to offer a wide range of quality food options and pricing that is appropriate and appealing to our diverse cliental. Support Equipment and Storage Food preparation equipment and serving utensils such as plates, glasses, silverware, pots, pans and linens will be supplied by the Caterer and delivered per event. The Caterer(s) must meet health department and city/state codes. It is recommended that the Caterer(s) secure all property, as the EPCC will not be responsible for lost or stolen items. Beverages The EPCC will supply two portable bars to accommodate the beverage service. Please note that Pepsi products are required to be served as part of a City of Eden Prairie agreement. All consumables related to the beverage operation are the responsibility of the Caterer(s). Beverage delivery and pick-up should be made in a timely mariner. Ice is available free of charge via the EPCC machine. The Caterer(s) is expected to supply a cash register to record bar sales. Clients may request no "tip jars" when paying lump sum gratuity. The Caterer(s) will be expected to participate in the Eden Prairie Police Department's "Best Practices" training for liquor distributors. Financial The selected Caterer(s)will be required to pay the EPCC a percentage of the revenues generated through the food and beverage service and other services provided, including rental items and decorations. The commission percentage paid will be based on the final gross bill, excluding tax and gratuity. The Caterer(s) should include in their proposal the percentage payable to the EPCC to be the exclusive caterer. The EPCC will consider only those proposals that offer the minimum percentages listed below. Eden Prairie Community Center Commission For all food&beverage service provided by the Caterer (excluding tax and gratuity) • Monday—Friday 6:00 a.m.to 5:00p.m .8% of all gross sales* • Monday—Friday 5:00 p.m. to midnight 12% of all gross sales* • Saturday/Sunday/Holidays 6:00 a.m. to midnight 12% of all gross sales* • Alcoholic beverages including all bar sales .25% of all gross sales * = Non-alcoholic beverages only 3 Accounting Procedures The collection of deposits and fees for all catering charges are the sole responsibility of the authorized Catering company(s). Non-payment by a client to the Catering company(s) for services rendered will not negate payment of the commission revenue to the EPCC. On-sale beverage fees will be collected when the sale is made at the bar. All on-sale purchases must be tracked through a cash register at the bar. The Caterer(s) will run a register tape in the presence of a EPCC supervisor to close out and balance each register used. This is done to get the total sales per event to the customer and will be recorded by the EPCC supervisor.Each drink must be rung in the register to track host bar beverages. The Caterer(s) must provide their start up cash and cash register. The Caterer agrees to pay the EPCC the commission revenue based on the final billing for each event. The Caterer(s)must provide a copy of each of the final invoices and a report summarizing the sales for each month to EPCC management. The summarized report and payment to the EPCC must be made by the fifteenth (15a1) of each following month. Delinquent payments are charged$50 every 30 days, starting with the first day the payment is late. The EPCC reserves the right to inspect all financial records for an event. The Caterer(s) must provide documentation within two business days upon request. The EPCC will collect all fees for room rental, room deposits, security officer(s) and rental equipment. Insurance Selected Caterer(s) shall purchase and maintain insurance that will protect the Caterer from claims which may rise out of, or result from, the Caterers operations under this agreement, whether such operations are by the Caterer or anyone directly employed by them, or by anyone for whose acts or omissions any one of them may be liable. Insurance amounts shall be: • Comprehensive General Liability Insurance — including completed operations and liability coverage written on an occurrence basis for $1,000,000 combined single limit bodily injury/property damage that will apply exclusively to the catered event occurring at EPCC. Also name the City of Eden Prairie as additional insured with respect to activities involving the EPCC with thirty day written notice of cancellation. • Automobile Liability Insurance — on any automobile coverage for owned, hired and leased vehicles for$1,000,000 combined single limits bodily injury/property damage. • Workers Compensation and Employer's Liability Insurance — Statutory limits $100,000 per accident or disease per employee with$500,000 policy limit. • Liquor Liability Insurance — Minimum of $1,000,000 in liquor liability insurance with City of Eden Prairie named as additional insured and thirty day notice of cancellation. EPCC must be shown specifically as a covered location. • Copies of all Caterer(s)insurance must be on file with the City of Eden Prairie. Caterer Responsibilities 1. Provide excellent customer service in a timely and professional manner from pre-event to post-event (includes returning all customer inquiries within one working day). Work with customer directly to accommodate all food and beverage needs. 4 2. Coordinate and collaborate with EPCC staff to maximize communication with customers including returning all inquiries from EPCC staff within one working day and meeting regularly with EPCC rental coordinator(at least bi-weekly during the wedding season). 3. Provide professional staff that will maintain a consistently high level of service and appearance. Provide wait staff and bartenders that can serve alcohol at tables if requested. Provide staff for daytime, evening, weekend and holiday events. 4. Allow food tasting for current and potential EPCC customers. 5. Provide all food and beverages for each event contracted. 6. Provide a full range of excellent food and beverage choices. 7. Provide broad multi-level price list to accommodate customer needs with wait staff, bartenders,tableware and linens included. Provide fee options for sit down meals. 8. Provide varied menus with ethnic diversity. 9. Responsible for keeping all food prep., and bar areas clean including mopping of floors, emptying trash and supplying all such cleaning supplies. 10.Assist in cleaning and maintenance of banquet rooms. 11. Provide proof of bonding with the State of Minnesota. 12. Provide a copy of current Health Department License and Certified Food Mgrs. License. 13. Provide a copy of current Liquor license. 14.Meet the insurance need set forth by the City of Eden Prairie as listed here within. 15. Provide marketing/menu information to assist EPCC with potential customers. 16. Designate an on-site coordinator to work throughout each event with EPCC staff. 17. Coordinate room set-up with EPCC Rental Coordinator. 18. Follow all policies and procedures set by the EPCC for food and beverage operation. 19. Meet all deadlines and payment requirements as set forth here within. 20. Coordinate responses to surveys and evaluations of food/beverage service to maximize customer service. 21. Provide 6-8 at-cost city events per year. Caterer Fees/Expenses 1. Identify specific menu, cost per plate per person, beverage fees, and any other extraneous fees potential customers would be responsible for including tax and gratuity. 2. Identify how changes to menu items and fees will be handled allowing enough lead time for EPCC to keep their information current. Price increases need the approval of the EPCC Manager before they can be implemented. Prices shall only be increased at a maximum of one time per year at a designated time each year which will be agreed upon between the EPCC Manager and selected Caterer(s). 3. Identify any service beyond that stated above that will benefit the EPCC or EPCC customers (i.e. advertising, marketing, sponsorship of special events, unique offerings, etc.). Eden Prairie Community Center Responsibilities 1. Promote quality customer service by scheduling the banquet room in a timely manner. 2. Charge and collect rental fees from customers for scheduled events. 3. Conduct pre-event walk through with clients for all catered ballroom events and share information with the Caterer(s)to ensure great customer service. 4. Provide a building supervisor for all evening,weekend and holiday events. 5. Provide rooms,tables and chairs and timely accurate setups for all events. 6. Provide pre and post event custodial service including room tear down and scrubbing/vacuuming of floors. 5 7. Provide cleaning supplies. 8. Provide utilities and overhead costs. 9. Provide up to two portable bars. 10. Provide access to copier and fax machine. References 1. Caterer shall identify at least five (5) event references that demonstrate a full range of Caterer's experience. References must include wedding receptions and /or banquets for over 100 people and contain at least one within the last six months, one between 6 and 12 months, and one 2-3 years ago. At least 3 of the events should include liquor sales. 2. Caterer shall identify members of their staff that will provide catering and liquor service at events, their background, experience and number of years associated with that company. 3. Caterer shall identify member(s) of their staff that will be responsible for supervising events, their background, experience and number of years associated with that company. 4. Caterer shall identify three (3) dates between March 97 and Mareh l7 when they can prepare a luncheon food tastingto include at least 2 salads, 2_...so_. p p _.._.. ...,-.._...alads, 2 soups, 3 main entrees, and 2 desserts for City of Eden Prairie representatives to sample. The EPCC manager will contact Caterers to schedule times once finalists have been selected. Violations 1. List all alcohol violations your company has experienced in the past six (6)years. 2. List what follow up was completed with employees after violations were issued. Terms of Agreement Non-performance: It is the caterer's responsibility to familiarize himself/herself, his/her supervisors and his/her crews as to the requirements of the contract and to perform all tasks in an acceptable and timely manner. It is not the City's responsibility to remind the Caterer of the contract requirements. This includes knowing facility rules pertaining to the room, lobby, deck, patio and garden areas. This agreement shall be effective April 1, 2008. If an exclusive caterer's agreement is not renewed, the caterer will remain responsible for providing services to the rentals booked at EPCC for which they had committed to at the time of the agreement termination. The EPCC Manager and the catering company owner (or owner's representative) shall work to positively resolve any service/performance issues that may arise. If the issue is not able to be resolved within 30 days, either party may terminate this agreement with a thirty (30)day written notification. The EPCC reserves the right to terminate the contract with the Caterer with a 30 day written notification if there are service, performance, health or safety issues that are impeding the success of reserved events. At the discretion of the EPCC Manager, the Caterer will remain responsible for providing service to the rentals booked at the EPCC for which they had committed at the time of the written notification. In consideration of being allowed to use the EPCC, the Caterer(s) hereby voluntarily assume all risks of accident or damage to its property and to the persons and property of its employees. The Caterer(s) hereby agrees to defend, indemnify and hold harmless the City of Eden Prairie and the 6 EPCC, respective officers, employees, agents and insurers from damages solely caused by the intentional action of the Caterer(s)_representatives and employees. Responses The respondent shall supply three (3) copies of the Request for Proposal suitable for reproduction and distribution to appropriate City officials. Responses are to be delivered to the Eden Prairie Community Center no Iater than 4:00 p.m. on Wednesday,February?? 2008.The Eden Prairie Community Center is located at 16700 Valley View Road Eden Prairie, MN 55344.Note: Faxes and e-mailed responses will not be accepted. Responses are to be directed to the Eden Prairie Community Center Manager. Responses are to include the following: 1. Name, address,phone, fax, e-mail and website address of the responding company. 2. Name, address,phone,fax, e-mail of representative of responding company. 3. History of company 4. General description of catering services. 5. Statement of intent to provide catering services for the EPCC. 6. Revenue percentages as described in the section titled"Financial" 7. Sample menus including current prices. Please include all costs. 8. Provide a price list for all alcoholic beverages and services 9. Identify any additional fees for services. 10. Provide a booklet or handout used to promote menus with current prices. 11. Provide details for items listed under the section"References". 12. List any alcohol related violations as per the section"Violations". 13. Statement of a marketing plan with goals and objectives. 14. Statement of intent to provide requested catering services for the EPCC. 15. Statement of intent to stay current with license and insurance, and adhere to city/county/state codes applicable to serving food and alcohol. 16. Statement of capability for licensing, bonding, and insurance. 17. Statement of why your company is the best business to fit the needs of EPCC. Send responses and any requests for information to: • Wendy Sevenich Manager Eden Prairie Community Center 16700 Valley View Road Eden Prairie, MN 55344 Direct: (952) 949-8473 Email: wsevenich@edenprairie.org Responses must be received by 4:00 pm,Wednesday,February ,2008 • A pre proposal question and answer meeting will be held on Tuesday, February at 2 p.m. at the Eden Prairie Community Center. A tour of the facility will start at 2 p.m. with the meeting starting at 2:15 p.m. We will not be scheduling individual tours outside of this date. 7 No Contact Proposing Caterers and their representatives are prohibited from contacting any elected official for purposes of lobbying to secure this contract. Acceptance/Rejection of Proposals The City of Eden Prairie intends to enter into a contract with a Caterer(s)that best satisfies the needs of the City. The City of Eden Prairie reserves the right to reject any and all proposals and to act in the best interest of the City and it residents. This RFP does not commit the City to award contract or share in any expenses of preparing these proposals, or travel expenses related to the proposal or interview process. Interview Process 1. Request for Proposals will be evaluated on content,presentation and the Caterer's ability to provide services for a diverse clientele and/or fills a niche in the catering services to meet client's needs. 2. Selected Caterers to be interviewed will be contacted the week of March . The interview will be scheduled during the week of March 7 between 9:00 a.in. and 4:00 p.m. The Catering finalists must provide a taste testing for up to 12 City of Eden Prairie staff and community representatives. The tasting must include at least 2 salads,2 soups, 3 main entrees, and 2 desserts. ttE 8 { CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.D.2. Jay Lotthammer, Director, Accept and Recognize Gifts and Donations Parks and Recreation for 2007 Motion Move to: Adopt Resolution accepting and recognizing the generous contributions and donations totaling over$938,591 from businesses and individuals to the City of Eden Prairie during 2007 as listed in exhibit 1 of the resolution. Synopsis In 2007 over$938,591 in cash and in-kind donations were contributed to the City of Eden Prairie towards programs, events and construction projects. These contributions make enhancements to programs and facilities along with allowing several programs to be available to the community that would not otherwise be possible. The attached exhibit shows the name of the contributor along with the department and program that used the money or donation. This item was reviewed with the Parks, Recreation and Natural Resources Commission at their February 4, 2008 Commission meeting. Attachments Resolution & Exhibit 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008-30 RESOLUTION ACCEPTING GIFTS AND DONATIONS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL, THAT: The gifts to the City described in Exhibit 1 attached hereto from the donors set forth therein, are hereby accepted by this Council; and The City Council recognizes and appreciates the generous donations from individuals and business in 2007. ADOPTED by the Eden Prairie City Council this 12th day of February, 2008. Phillip Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk 2007 Donations to City of Eden Prairie Donor Department Activity Amount FOUNDATION CONTRIBUTION Parks&Recreation Tables at Senior Center $500.00 M&I MARSHALL BANK Parks&Recreation Senior Special Events $300.00 CITY OF BLOOMINGTON Parks&Recreation Community Band $150.00 CITY OF CHANHASSEN Parks&Recreation Community Band $150.00 CITY OF CHANHASSEN Parks&Recreation Community Band $150.00 CITY OF CHASKA Parks&Recreation Community Band $125.00 CITY OF EDINA Parks&Recreation Community Band $100.00 CITY OF EDINA Parks&Recreation Community Band $100.00 CITY OF PLYMOUTH Parks&Recreation Community Band $150.00 CITY OF RICHFIELD Parks&Recreation Community Band $150.00 CITY OF RICHFIELD Parks&Recreation Community Band $150.00 CITY OF WOODBURY Parks&Recreation Community Band $150.00 EP FOUNDATION Parks&Recreation Community Band UNIFORMS $1,400.00 CRIME FUND Parks&Recreation Halloween Party $600.00 EP OPTIMIST CLUB Parks&Recreation Halloween Party $400.00 ANCHOR BANK Parks&Recreation July 4th Celebration $1,500.00 BRAD DODDS,DDS Parks&Recreation July 4th Celebration $300.00 J A PRICE Parks&Recreation July 4th Celebration $1,000.00 LIONS TAP/NOTORMAN Parks&Recreation July 4th Celebration $50.00 TLC CAFE&CATERING Parks&Recreation July 4th Celebration $10.00 WELLS FARGO&CO Parks&Recreation July 4th Fireworks $5,000.00 BARB JANSEN Parks&Recreation Park Maintenance PARK BENCH $500.00 CINDY EVERT Parks&Recreation Park Maintenance PARK BENCH $600.00 DAN KITRELL Parks&Recreation Park Maintenance PARK BENCH $600.00 GAIL STAR Parks&Recreation Park Maintenance PARK BENCH $250.00 MARY PURDHAM Parks&Recreation Park Maintenance PARK BENCH $300.00 MICHAEL LEONARD Parks&Recreation Park Maintenance PARK BENCH $300.00 AM FAMILY MUTUAL INS Parks&Recreation Safety Camp $5,000.00 BREMER BANK Parks&Recreation Safety Camp $300.00 LIONESS CLUB Parks&Recreation Safety Camp $500.00 XCEL ENERGY Parks&Recreation Safety Camp $500.00 AUDIENCE DONATIONS Parks&Recreation Staring Lake Concert $22.00 JAZZ FESTIVAL/CONCERT SERIES Parks&Recreation Staring Lake Concert $6.00 LIONS TAP/NOTORMAN Parks&Recreation Staring Lake Concert $100.00 MOMS CLUB OF MITCHELL LAKE Parks&Recreation Staring Lake Concert $150.00 PRAIRIE LUTHERAN CHURCH Parks&Recreation Staring Lake Concert $135.00 THRIVENT FINANCIAL FOR LUTHERANS Parks&Recreation Staring Lake Concert $1,000.00 EP FOUNDATION Parks&Recreation Staring Lake Concert SOUND EQUIP $1,300.00 LIONS TAP/NOTORMAN Parks&Recreation Sunbonnet Days $50.00 SUNBONNET DAY Parks&Recreation Sunbonnet Days $250.00 TLC CAFE&CATERING Parks&Recreation Sunbonnet Days $10.00 AUDIENCE DONATIONS Parks&Recreation Theater-Summer Program $3,891.25 PAMELA JERDY Parks&Recreation Theater-Summer Program AD $25.00 BRAEMER BANK Parks&Recreation Theater-Winter Program $300.00 HEATHER OLSON Parks&Recreation Theater-Winter Program $50.00 IMMACULATE HEART OF MARY Parks&Recreation Theater-Winter Program $20.00 TRANSFIGURATION LUTH.CHURCH Parks&Recreation Theater-Winter Program $100.00 ELIM SHORES Parks&Recreation Arts Initiative $50.00 OTHER Parks&Recreation Arts Initiative $50.00 SUMMIT PLACE Parks&Recreation Arts Initiative $50.00 DONATION Parks&Recreation Arts Initiative $20.00 OCT-COMMUNITY CTR Parks&Recreation Outdoor Center $2,015.00 LIONS TAP/NOTORMAN Parks&Recreation Cummins House Special Events $50.00 TLC CAFE&CATERING Parks&Recreation Cummins House Special Events $10.00 GENERAL DONATIONS Parks&Recreation Cummins House Special Events $44.00 LIONS TAP/NOTORMAN Parks&Recreation Riley-Jacques Barn $50.00 TLC CAFE&CATERING Parks&Recreation Riley-Jacques Barn $10.00 2007 Donations to City of Eden Prairie Donor Department Activity Amount EP OPTIMISTS Parks&Recreation Purgatory Creek KITE FESTIVAL $200.00 JESSE VEIL,DDS Parks&Recreation Purgatory Creek CONCERT $50.00 LIONS TAP/NOTORMAN Parks&Recreation Purgatory Creek CONCERT $100.00 TLC CAFE&CATERING Parks&Recreation Purgatory Creek CONCERT $20.00 DONATION Parks&Recreation International Festival $15.00 AM MUSLIM COMMTY CTR Parks&Recreation International Festival $250.00 RASMUSSEN COLLEGE Parks&Recreation International Festival $500.00 CHILDRENS TECHNOLGY WORKSHOP Parks&Recreation International Festival $100.00 LIONS TAP/NOTORMAN Parks&Recreation International Festival $50.00 INTERNATIONAL SCHOOL OF MN Parks&Recreation International Festival $250.00 TLC CAFE&CATERING Parks&Recreation International Festival $10.00 TWIN CITIES MARATHON Parks&Recreation Girls on the Run program $6,600.00 GENERAL DONATIONS Parks&Recreation 3311 -Senior Board $246.09 EP HOCKEY&MISC DONORS Parks&Recreation Naming Rights for Comm.Ctr $596,000.00 WELLS FARGO&CO Parks&Recreation 3RD SHEET OF ICE DONATION $33,333.00 EMERSON PROCESS MGMT Parks&Recreation Naming Rights for Comm.Ctr $25,000.00 WELLS FARGO&CO Parks&Recreation Daktronics Scoreboards $7,530.00 FAF ADVISORS,INC Parks&Recreation Community Center Donation $12,500.00 SUPER VALU Parks&Recreation Naming Rights-Community Ctr $25,000.00 C.H.ROBINSON Parks&Recreation Naming Rights for Child Care $25,000.00 BULLOCK,JAMES G. Parks&Recreation Naming Rights for Comm.Ctr $12,500.00 JERRY'S ENTERPRISE Parks&Recreation Naming Rights for Comm.Ctr $8,333.33 SPECIALTY AUTO WHOLESALERS,IN Parks&Recreation Naming Rights for Comm.Ctr $5,000.00 EP PLAYERS RUMMAGE SALE Parks&Recreation Eden Prairie Players $905.00 SCHWAN'S INT'L BRANDS Parks&Recreation Eden Prairie Players $1,200.00 EDEN PRAIRIE BASEBALL ASSOCIAT Parks&Recreation Baseball Stadium $100,000.00 EP FOUNDATION Parks&Recreation Gathering Bridge $1,000.00 ADC Parks&Recreation Community Center Donation $1,000.00 CENTRAL BANK Parks&Recreation Community Center Donation $5,000.00 EDEN PRAIRIE FOUNDATION Fire Safety Goggles $900.00 NATIONAL INSURANCE SERVICES Fire Womens Fire Expo $200.00 EP FIREFIGHTERS RELIEF ASSOC Fire Womens Fire Expo $250.00 RICK KING OCM Recognition Banquet $2,500.00 THOMSON WEST FOUNDATION OCM Recognition Banquet $2,500.00 2007 Cash Donations $905,085.67 2007 Donations to City of Eden Prairie In-Kind Donor Department Activity Value Lotus Lawn and Garden Parks&Recreation Arbor Day Walk 25.00 Bachman's Floral Gift&Garden Center Parks&Recreation Arbor Day Walk 100.00 Anchor Printing Parks&Recreation Printing for July 4th Celebration 1,000.00 Biffs Parks&Recreation Dumpster at July 4th Celebration 500.00 McDonald's;Starbucks;Davanni's Parks&Recreation Food for Safety Camp 500.00 Bearpath Parks&Recreation Golf Carts for Safety Camp 400.00 Cambria Parks&Recreation Countertops at Community Center 25,000.00 Costco Parks&Recreation Gift Cert.used at Cummins House Xmas 50.00 Rainbow Foods Parks&Recreation Gift Cert.used at Cummins House Xmas 20.00 Cub Foods Parks&Recreation Gift Cert.used at Cummins House Xmas 25.00 Costco Parks&Recreation Gift Cert.used at Sunbonnet Day 25.00 MN Harvest Apple Orchard Parks&Recreation Gift Cert.used at Sunbonnet Day 100.00 Rainbow Foods Parks&Recreation Gift Cert.used at Sunbonnet Day 15.00 Jerry's Foods Parks&Recreation Baked Goods-Sunbonnet Day 120.00 Jerry's Foods Parks&Recreation Cookies-Cemetery Walk 20.00 Met Life Parks&Recreation Snoopy Toys-July 4 Kiddie Parade 300.00 Kids Create Parks&Recreation Wickie Sticks-July 4 Kiddie Parade 300.00 Lion's Tap Parks&Recreation Coupons-July 4 Kiddie Parade 450.00 Dahlgreen's Golf Course Parks&Recreation Gift Cert.used as prize at Senior Golf 136.00 Sports World USA Parks&Recreation Gift Cert.used as prize at Senior Golf 50.00 Buca di Beppo Parks&Recreation Gift Cert.used as prize at Senior Golf 100.00 Tires Plus Total Auto Care Parks&Recreation Gift Cert.used as prize at Senior Golf 30.00 Cloud Nine Car Wash Parks&Recreation Gift Cert.used as prize at Senior Golf 30.00 John&Kathleen Dollerschell Parks&Recreation Twins Tickets used as prize at Senior Golf 100.00 Brunswick Zone Bowling Parks&Recreation Gift Cert.used as prize at Senior Golf 75.00 Applebee's Family Restaurant Parks&Recreation Gift Cert.used as prize at Senior Golf 50.00 Cub Foods Parks&Recreation Gift Cert.used as prize at Senior Golf 25.00 Timber Lodge Steakhouse Parks&Recreation Gift Cert.used as prize at Senior Golf 20.00 Totally Driven Parks&Recreation Pitching Wedge used as prize at Senior Golf 50.00 Lion's Tap Parks&Recreation Gift Cert.used as prize at Senior Golf 30.00 Fox Sports Channel Parks&Recreation Caps&T-shirts used as prize at Senior Golf 100.00 Baker's Square Parks&Recreation Gift Cert.used as prize at Senior Golf 40.00 MN Recreation&Parks Association Parks&Recreation Sweatshirts used as prize at Senior Golf 100.00 Caribou Coffee Parks&Recreation Gift Cert.used as prize at Senior Golf 25.00 Noodles and Company Parks&Recreation Gift Cert.used as prize at Senior Golf 25.00 Menards Parks&Recreation Gift Cert.used as prize at Senior Golf 20.00 TRIA Parks&Recreation Golf Umbrella used as prize at Senior Golf 50.00 Thomsen West OCM Books for Employee Recognition Event 1,000.00 Lifetime Fitness Police Used Exercise Equip for Police Workout Root 2,500.00 2007 In-Kind Donations $33,506.00 Value AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,FEBRUARY 12, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 18, 2007 III. PUBLIC HEARING ON SALE OF LOT 1 BLOCK 1 AND OUTLOT C— COLUMBINE ADDITION TO PRESBYTERIAN HOMES HOUSING & ASSISTED LIVING (Resolution) IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, DECEMBER 18, 2007 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY COMMISSIONERS: Chair Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Mark Johnson and Council Recorder Carol Pelzel I. ROLL CALL/CALL THE HRA MEETING TO ORDER Chair Young called the meeting to order at 7:20 p.m. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 4, 2007 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the HRA meeting held on September 4, 2007 as published. Motion carried 5-0. III. ADOPT RESOLUTION CERTIFYING THE 2008 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2008 HRA BUDGET OF $200,000 Neal explained the City Council serves as the HRA and is required by State Statute to take separate action on this part of the budget. He further explained that on September 4, 2007, the HRA approved the proposed 2008 HRA property tax levy and budget. Also on September 4 the City Council adopted resolutions consenting and approving the proposed 2008 HRA property tax levy. Neal said Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Aho moved, seconded by Nelson, to adopt H.R.A. Resolution No. 2007-05 certifying the 2008 Property Tax levy to be $200,000 and approving the 2008 Budget of $200,000 as reviewed by the Council. Motion carried 5-0. IV. ADJOURNMENT MOTION: Duckstad moved, seconded by Nelson, to adjourn the HRA. Motion carried 5-0. Chair Young adjourned the meeting at 7:23 p.m. HRA AGENDA DATE: SECTION: Public Hearing February 12, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. Approve Sale of Lot 1 Block 1 and Outlot C - Community Development: Columbine Addition to Presbyterian Homes Janet Jeremiah/David Lindahl Housing &Assisted Living Requested Action: Move to: • Close the public hearing; and • Adopt resolution approving the sale of 4.8 acres owned by the City of Eden Prairie and legally described as Lot 1, Block 1, and Outlot C- Columbine Addition to Presbyterian Homes Housing and Assisted Living,Inc., and authorize execution of a deed and other appropriate documents. Synopsis: An issue regarding the deed for the property has surfaced and needs to be resolved before closing on the sale,which is now scheduled for February 15th. The subject properties were acquired by the City by tax forfeiture through Hennepin County and the State of Minnesota. The deed has"subject to"provisions which require the properties be used for parks, open space,roads, and private development/redevelopment- or they could be reverted back to the State. The buyer wants the"reverter"language removed from the deed so there is no risk to ever losing the property to the State, even though the uses in the proposed Presbyterian Homes redevelopment are allowable per the deed. To address the issue to the satisfaction of the buyer a public hearing before the Housing and Redevelopment Authority(HRA)is required in which the following findings must be made: • Find that the parcels are within the existing Redevelopment Project Area#5 (see attached map). • Find the sale of the property to Presbyterian Homes conforms to the goals of the Redevelopment Project,which it does (see resolution). • Authorizes execution and delivery of a Certificate(attached to resolution)certifying that the sale of the Property has been made as authorized by Minnesota Statutes Chapter 469. The Certificate will be provided to Presbyterian Homes which they can file with the County Registrar to remove the "reverter"language from the deed. Background: The 4.8 acres City parcel is residual road right-of-way from the Columbine Road project and was placed on the market shortly after the MCA Study was adopted in December of 2005. The parcel will be included in the proposed redevelopment plans by Presbyterian Homes—which includes 707 housing units and 70,000 square feet of retail and restaurant uses to be constructed in three phases between 2008 and 2012. Attachment: Map Resolution Deed Tax Increment Financing Redevelopment Project Area#5 City of Eden Prairie i. p• � QFLU L FL L - L1•3 pnt p M r _a L • 1 _ 1 : /114 ... Z lir Apir' II i'at'l-,' IFO i i. 2..; A ' :[:" ''-- ' \\3'4\—16 � (� mil• is � L, " , �' .• r 14 ."°. ram. „ns�,rr :o .:w I �` _ + ' F iii---- • {{ ••{��SSSlIiAAt••• ilskt �' i .kb 1 I � '=----'""----'"' fla2"411". 1 r'C.1:1 i , "Ilr'E'-1-1____m_l. ...r.,. ....cut. [.. i ‘ I ..-. : NN- -� I;,:���rrr_ice_ 1 l ``•o O'tili Lot 1 Block 1 Castle Ridge . _ �„• �._"'"' o ,e E• j7, 1. 6&.._ 7 [ a ,-.. , F • `:'••`i` CEl�V c; �J �; ;4 o...cg .v �i E: Mgr •t Sao'v F.L .. `�C� yL �`. -� I r°•relL L r '� � 1..ewcu.'c iuee ♦ . r. re,..L. Y /VIfi ate - 3:' — IrVr..' 479,, re.--;/:- iflt- 1.1"4 t \e• Mg:3 (ilt 1 ILI�I � N --�=:►rar,- r„,.,wn,n®rr i e4,[a!- J IISS\ a El., �f �/ V QJ ua n a wm _ )- 1 ! ^^,, F7 Joao \e,.l .. - ,•a`- -' pllq] LKsI7cj,J1�1.'! a w• '. ! y : ' t. - y nm�w�<• L Atm..L'a .° - 111 1I��"V� ° �/ 1. i 1 _--------- a.=f[OW i' n HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2008-01 A RESOLUTION AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY TO PRESBYTERIAN HOMES HOUSING & ASSISTED LIVING, INC.,A MINNESOTA NON-PROFIT CORPORATION WHEREAS, the City of Eden Prairie (hereinafter referred to as the "City") and Presbyterian Homes Housing &Assisted Living, Inc. a Minnesota non-profit corporation (hereinafter referred to as "PHHAL")entered into that certain Purchase Agreement between the parties dated January, 2007, amended by that certain First Amendment to Purchase Agreement dated May 15, 2007, that certain Second Amendment to Purchase Agreement dated September, 2007, that certain Third Amendment to Purchase Agreement dated January 3, 2008 and that certain Fourth Amendment to Purchase Agreement dated January 23, 2008 (hereinafter collectively the "Purchase Agreement") for the sale of that certain real property described as Lot 1, Block 1, Columbine Road Addition and Outlot C, Columbine Road Addition, Hennepin County, Minnesota(hereinafter referred to as the "Property"); WHEREAS, by the Fourth Amendment to Purchase Agreement the City and PHHAL consented to the assignment to the Authority all of the City's interest in the Purchase Agreement; and WHEREAS, it is proposed that the Housing and Redevelopment Authority in and for the City(hereinafter referred to as the "Authority") sell to PHHAL the Property pursuant to the Purchase Agreement; and WHEREAS, the Property is located within Redevelopment Project No. 5 previously created by the Authority December 17, 1996 (hereinafter referred to as the "Redevelopment Project"); and WHEREAS, the City Council of the City and the Authority approved and adopted the Redevelopment Plan for the Project on December 17, 1996 (hereinafter referred to as the "Redevelopment Plan"); and WHEREAS, the Plan sets forth the following objectives: 1. Promote and secure the prompt development or redevelopment of certain property in the Project Area, which property is not now in productive use or in its highest and best use, in a manner consistent with the City's Comprehensive Plan and with a minimum adverse impact on the environment, and thereby promote and secure the development or redevelopment of other land in the City. 1 2. Promote and secure additional employment opportunities within the Project Area and the City for residents of the City and the surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City. 3. Secure the increase of property subject to taxation by the City, the School District, the County, and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by them. 4. Provide for the financing and construction of public improvements in and adjacent to the Project Area necessary for the orderly and beneficial development or redevelopment of the Project Area and adjacent areas of the City. 5. Promote the concentration of new desirable residential, commercial, office, and other appropriate development or redevelopment in the Project Area so as to maintain the area in a manner compatible with its accessibility and prominence in the City. 6. Encourage local business expansion, improvement, development or redevelopment whenever possible. 7. Create a desirable and unique character within the Project Area through quality land use alternatives and design quality in new and remodeled buildings. 8. Encourage and provide maximum opportunity for private development or redevelopment of existing areas and structures which are compatible with the Redevelopment Plan. 9. Provide new ownership housing units and new affordable rental housing units consistent with the Metropolitan Livable Communities Act goals adopted by the Metropolitan Council. WHEREAS, Minnesota Statutes Section 469.029 authorizes the AUTHORITY to make any of its land in the Redevelopment Project available for use by private individuals, firms, corporations,partnerships, insurance companies, or other private interests by sale after a public hearing on the proposed sale; and WHEREAS,the AUTHORITY, following public notice as required by Minnesota Statutes Section 469.029, Subd. 2, held a public hearing on the proposed sale on February 12, 2008. NOW THEREFORE BE IT RESOLVED by the Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota(the "Authority"), as follows: 2 1. The Authority finds that the sale of the Property to PHHAL conforms to the Redevelopment Project. 2. The Authority hereby approves the sale of the Property to PHHAL in accordance with the terms of the Purchase Agreement and the terms of approvals granted by the City Council of the City in Resolution No. 2007-119 for Guide Plan Change, Resolution No. 2007- 120 for Planned Unit Development Concept Review, Resolution No. 2007-121 for Preliminary Plat and that certain Development Agreement to be entered into by and between the City and PHHAL and to be filed against the Property memorializing the terms and conditions of approval granted by the City for the development of the Property and adjacent real property. 3. The deed shall require PHHAL to carry out or cause to be carried out the objectives of Redevelopment Plan or approved modifications thereof. No use shall be made of the Property nor any building or structure erected thereon which does not conform to the approved plan or approved modifications thereof. 4. The Authority hereby authorizes execution and delivery of the Certificate attached hereto, certifying that the sale of the Property has been made as authorized by Minnesota Statutes Chapter 469. Adopted by the Board of Commissioners of the Authority this 12th day of February, 2008. Phil Young, Chairperson Attest: Scott H. Neal, Executive Director CERTIFICATION I, Kathy Nelson, Secretary of the Housing and Redevelopment Authority in and for the City of Eden Prairie, County of Hennepin, Minnesota, hereby certify that the foregoing is a true and correct copy of the H.R.A. Resolution No. 2008-01 passed by the Authority on the 12th day of February, 2008. Kathy Nelson, Secretary 3 CERTIFICATE OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE The Housing and Redevelopment Authority in and for the City of Eden Prairie (hereinafter the "Authority") hereby certifies that the property legally described as Lot 1, Block 1 and Outlot C, Columbine Road Addition, has been sold by the Authority as authorized by Minnesota Statutes Chapter 469 as set forth in H.R.A. Resolution No. 2008-01 attached hereto as Exhibit A. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By Its Chairperson By Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the 12th day of February, 2008, by Phil Young, the Chairperson and Scott H. Neal, the Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic of the State of Minnesota. Notary Public (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Business Entity to Business Entity Form 10.1.9(2006) DEED TAX DUE: $ 9,900.00 DATE: February 15,2008 (month/day/year) FOR VALUABLE CONSIDERATION, Housing and Redevelopment Authority in and for the City of Eden Prairie (insert name of Grantor) a public body corporate and politic under the laws of Minnesota ,("Grantor"), hereby conveys and warrants to Presbyterian Homes Housing&Assisted Living, Inc. (insert name of Grantee) a Minnesota non-profit corporation under the laws of Minnesota ,("Grantee"), real property in Hennepin County,Minnesota,legally described as follows: Lot 1,Block 1,and Outlot C,Columbine Road Addition. Check here if all or part of the described real property is Registered(Torrens)■ together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: See Exhibit A. Check applicable box: Grantor • The Seller certifies that the Seller does not know of any wells on the described real property. Housing and Redevelopment Authority in and for the City of ❑ A well disclosure certificate accompanies this (name of Grantor) Eden Prairie • document. ❑ I am familiar with the property described in this By: instrument and I certify that the status and number (signature)Phil Young of wells on the described real property have not changed Its: Chair since the last previously filed well disclosure certificate. (type of authority) By: (signature)Scott Neal Its: Executive Director (type of authority) Page 1 of 2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.1.9 State of Minnesota,County of Hennepin This instrument was acknowledged before me on ,by Phil Young (month/day/year) (name of authorized signer) as Chair (type of authority) and by Scott Neal (name of authorized signer) as Executive Director of Housing and Redevelopment in and for the City of Eden Prairie (type of authority) (name of Grantor) (Seal,if any) (signature of notarial officer) Title(and Rank): My commission expires: (monlh/day/year) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS (insert name and address) INSTRUMENT SHOULD BE SENT TO: (insert name and address of Grantee to whom tax statements should be sent) Kristy L.Wamen,Esq. Presbyterian Homes Housing&Assisted Living, Inc. Gregerson,Rosow,Johnson&Nilan,Ltd. 2845 Hemline Avenue North • 650 Third Avenue South Roseville,MN 55113 Suite 1600 Minneapolis,MN 55402-4337 EXHIBIT A Pursuant to Minnesota Statute § 469.029, subd. 2, Grantor authorizes this conveyance in accordance with and subject to the terms of approvals granted by the City Council of the City of Eden Prairie in Resolution No. 2007-119 for Guide Plan Change, Resolution No. 2007-120 for Planned Unit Development Concept Review, and Resolution No. 2007-121 for Preliminary Plat. True and correct copies of Resolution Nos. 2007-119, 2007-120 and 2007-121 are attached hereto. Grantee and its successors and assigns shall carry out or cause to be carried out the objectives of the Redevelopment Plan approved by Grantor on December 17, 1996 or approved modifications thereof. The land shall be used for commercial and residential purposes. P:\Home\1610.492\Closing Documents\EXHIBIT A to Warranty Deed 2008 02 06.doc CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2007-119 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of Presbyterian Homes Eden Prairie Redevelopment, by Presbyterian Homes &605 LLC is for 707 housing units and 70,000 square feet of retail in seven buildings. NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows:High Density Residential and Regional Commercial Service to High Density Residential and Community Commercial on 21.3 acres. ADOPTED by the City Council of the City of Eden Prairie this 13th day of November, 2007. ', 1 ) AIL ; Ph ft lI'oung,Mayo ATTEST: >492A. K leen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2007-120 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT FOR PRESBYTERIAN HOMES &605 LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on October 8, 2007, on Presbyterian Homes Eden Prairie Redevelopment by Presbyterian Homes&605 LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on November 13, 2007. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Presbyterian Homes Eden Prairie Redevelopment, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated November 7, 2007. 3. That the PUD Concept meets the recommendations of the Planning Commission October 8, 2007. ADOPTED by the City Council of the City of Eden Prairie this 1 r day of November, 2007. yjd . V Phil Young, M or ATTEST: 0Ka leen Porta, City Clerk EXHIBIT A PUD Concept- Presbyterian Homes Eden Prairie Redevelopment Legal Description Before Final Plat: Presbyterian Homes total site Legal Description including Castle Ridge, Broadmoor, 605 LLC, and City property. Parcel 1: Lot 1, Block 1; also Outlot C; all in Columbine Road Addition, according to the recorded plat thereof, Hennepin County, Minnesota. (torrens property, certificate of title no. 1195378 which includes additional property) Parcel 2: Tract A: Unit No. 201 (A Wing) Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract B: Unit No. 410 (C Wing)Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract C: Unit No. 412 (C Wing)and Garage Unit No. 6, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract D: Unit No. 300(A Wing), Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract E: Unit No. 222(B Wing) and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract F: Unit No. 224 (B Wing) and Garage Unit No. 11, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract G: Unit No. 226 (B Wing) and Garage Unit No. 2, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract H: Unit No. 423 (B Wing), Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract I: Unit No. 213 (C Wing), Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract J: Unit No. 312(C Wing)and Garage Unit No. 13, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract K: Unit No. 314(C Wing)and Garage Unit No. 4, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract L: Unit Nos. 427 and 429 (B Wing) and Garage Unit No. 5, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract M: Parcel 1: Units in A Wing: Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108,200, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 400, 401, 402, 403, 404, 405, 406, 407 and 408. Units in B Wing: Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 221, 223, 225, 227, 228, 229, 230, 321, 323, 328, 326, 327, 328, 329, 330, 421, 422, 424, 425, 426, 428 and 430. Units in C Wing: Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 209, 210, 211, 212, 214, 215, 216, 217, 218, 219, 309, 310, 311, 313, 315, 316, 317, 318, 319, 409, 411, 413, 415, 416, 417, 418 and 419. Units in D Wing: Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158, 250, 251, 252, 253, 254, 255, 256, 257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358, 450, 451, 452, 453, 454, 455, 456, 457 and 458. Units in E Wing: Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 259, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 459, 460, 461, 462, 463, 464, 465, 466,467, 468 and 469. Units in F Wing: Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 471, 472, 473, 474, 475, 476, 477, 478, 479 and 480. Garage Unit Nos. 1, 3, 7, 9, 10, 12, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28. All in Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Parcel 2: Unit Nos. 322 and 324 (B Wing); Unit No. 414 (C Wing); and Garage Unit No. 16; All in Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. Tract N: Unit No. 500 also referred to as Garage Unit No. 500, Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County, Minnesota. (abstract property as to all of Parcel 2) Parcel 3: Lot 1, Block 2, Castle Ridge, according to the recorded plat thereof, Hennepin County, Minnesota. (abstract property) Parcel 4: Lot 2, Block 1, Fountain Place, according to the recorded plat thereof, Hennepin County, Minnesota. (abstract property and torrens property, certificates of title nos. 1148193 and 1148193.5) Note: The registered(torrens)portion of Parcel 4 is described as follows: Lot 2, Block 1, Fountain Place, except that part embraced within the plat of Castle Ridge. Legal Description Before Final Plat: Lots 1-5, Block 1, Castle Ridge 2' Addition, Hennepin County, MN. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2007-121 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT FOR PRESBYTERIAN HOMES &605 LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Presbyterian Homes Eden Prairie Redevelopment for Presbyterian Homes &605 LLC stamp dated November 7, 2007, and consisting of 21.3 acres into five lots and road right-of-way, 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 13th day of November, 2007. n. .14 Phil Young,Mayor ATTEST: tK thleen Porta, City Clerk