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City Council - 07/15/2008
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JULY 15, 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 Heritage Room II I. CIP II. BUDGET ADVISORY COMMISSION A. TERMS B. REPORTING III. EDEN PRAIRIE PROMISE IV. PARTNERSHIP SURVEY RESULTS Council Chamber V. OPEN PODIUM A. BETSY ADAMS—CUMMINS GRILL REUSE STUDY B. JAN MOSMAN—CUMMINS GRILL REUSE STUDY C. ROBIN SMITH-ROAD/PUBLIC SAFETY ISSUE D. REKHA DIXIT—SHREYA R. DIXIT MEMORIAL FOUNDATION VI. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 15, 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 III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. PROCLAMATIONS/PRESENTATIONS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 17, 2008 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 17, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PARKS, RECREATION & NATURAL RESOURCES COMMISSION VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. WALGREENS. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.21 acres and Site Plan Review on 1.21 acres. Location: 8240 Flying Cloud Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) C. THE ENCLAVE AT OLD SHADY OAK. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Rural and R1-13.5 to R1-9.5 on 28.6 acres. Location: West of Shady Oak Road and South of Highway 62. (Ordinance for PUD District Review and Zoning District Change) CITY COUNCIL AGENDA July 15, 2008 Page 2 D. AWARD CONTRACT FOR OUTDOOR CENTER OBSERVATORY DESIGN AND CONSTRUCTION ADMINISTRATION TO BEUTOW AND ASSOCIATES INC. E. 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 (FLYING CLOUD DRIVE) F. ADOPT UPDATED PURCHASING PROCEDURES TO BE EFFECTIVE AUGUST 1, 2008 G. AWARD CONTRACT FOR 2008 BUILDING ENVELOPE MAINTENANCE TO RESTORATION SYSTEM INC. H. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED PROPERTY I. APPROVE USE OF UP TO $40,000 IN CDBG FUNDS TO REHABILITATE THE EDENDALE RESIDENCE J. APPROVE JOINT POWERS AGREEMENT TO PROVIDE AID TO THE ST. PAUL POLICE DEPARTMENT FOR THE 2008 REPUBLICAN CONVENTION K. AUTHORIZE GRANTING OF RIGHT OF ACCESS TO HENNEPIN COUNTY TO UTILIZE APPROXIMATELY 3.68 ACRES OF STARING LAKE PARK LAND FOR EXPANSION OF PIONEER TRAIL L. ADOPT RESOLUTION APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR RIVERVIEW ROAD STREET & UTILITY IMPROVEMENTS, I.C. 52-157 M. ADOPT RESOLUTION RECIEVING FEASIBILITY STUDY AND SETTING PUBLIC HEARING FOR RIVERVIEW ROAD STREET & UTILITY IMPROVMENTS, I.C. 52-157 N. AWARD CONTRACT FOR REPLACEMENT OF WATER MAIN ALONG WEST 78TH STREET TO ELLINGSON DRAINAGE, INC. O. AWARD BID FOR STARING LAKE PARK AMPHITHEATER RECONSTRUCTION TO SUNRAM CONSTRUCTION P. ADOPT RESOLUTION APPROVING MNDOT AMENDMENT NO. 1 TO AGREEMENT NO. 86458 Q. ADOPT RESOLUTION PROHIBITING PARKING ON RIVERVIEW ROAD FROM HOMEWARD HILLS ROAD TO PARKER DRIVE, I.C. 52-157 CITY COUNCIL AGENDA July 15, 2008 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. AMENDMENT TO TAX INCREMENT FINANCING(TIF) DISTRICT #15 SUMMIT PLACE SENIOR HOUSING (Resolution) B. NEW PERSPECTIVE SENIOR LIVING. Request for: Guide Plan Change from Commercial Regional Service to High Density Residential on 2.98 acres, Planned Unit Development Concept Review on 11.81 acres. Location: 7300 Flying Cloud Drive. (Resolution for Guide Plan Change; Resolution for PUD Concept Review) C. ADC RE-PLAT Request for: Preliminary Plat into two lots on 89.72 acres. Location: South East quadrant of Technology Drive &Mitchell Road. (Resolution for Preliminary Plat) D. CH ROBINSON DATA CENTER/OFFICE Request for: Guide Plan Change from Neighborhood Commercial to Office on 2.59 acres, Planned Unit Development Concept Amendment on 9.84 acres, Planned Unit Development District Review and Zoning District Change from Neighborhood Commercial to Office on 2.59 acres, Site Plan Review on 9.84 acres, and Preliminary Plat of 9.84 acres into one. Location: 14701 Charleson Road. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution for Preliminary Plat) E. TOP DOG COUNTRY CLUB &VET CLINIC Request for: Planned Unit Development Concept Review on 3.03 acres, Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 3.03 acres, and Site Plan 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 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Irrigation of City-owned Properties B. REPORT OF CITY MANAGER 1. Public Assembly Regulations CITY COUNCIL AGENDA July 15, 2008 Page 4 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Adaptive Reuse Study of John R. Cummins House D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Cemetery Task Force Report Recommendations 2. Proposed Parks and Recreation Fee Changes and Additions for Inclusion in the 2009 Budget 3. Bids for Veterans Memorial Phase II E. REPORT OF PUBLIC WORKS DIRECTOR 1. Croixwood Pond Maintenance 2. Town Center Electrical Transmission Line F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: July 15, 2008 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, July 11, 2008 TUESDAY, JULY 15, 2008 7:00 PM, COUNCIL CHAMBER I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE (See instructions on dais.) 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. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. V. PROCLAMATIONS/PRESENTATIONS VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 17, 2008 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 17, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PARKS, RECREATION & NATURAL RESOURCES COMMISSION VIII. CONSENT CALENDAR MOTION: Move approval of items A-P on the Consent Calendar. ANNOTATED AGENDA July 15,2008 Page 2 A. CLERK'S LICENSE LIST B. WALGREENS. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.21 acres and Site Plan Review on 1.21 acres. Location: 8240 Flying Cloud Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) C. THE ENCLAVE AT OLD SHADY OAK. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Rural and R1-13.5 to R1-9.5 on 28.6 acres. Location: West of Shady Oak Road and South of Highway 62. (Ordinance for PUD District Review and Zoning District Change) D. AWARD CONTRACT FOR OUTDOOR CENTER OBSERVATORY DESIGN AND CONSTRUCTION ADMINISTRATION TO BEUTOW AND ASSOCIATES INC. E. 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 (FLYING CLOUD DRIVE) F. ADOPT UPDATED PURCHASING PROCEDURES TO BE EFFECTIVE AUGUST 1, 2008 G. AWARD CONTRACT FOR 2008 BUILDING ENVELOPE MAINTENANCE TO RESTORATION SYSTEM INC. H. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED PROPERTY I. APPROVE USE OF UP TO $40,000 IN CDBG FUNDS TO REHABILITATE THE EDENDALE RESIDENCE J. APPROVE JOINT POWERS AGREEMENT TO PROVIDE AID TO THE ST. PAUL POLICE DEPARTMENT FOR THE 2008 REPUBLICAN CONVENTION K. AUTHORIZE GRANTING OF RIGHT OF ACCESS TO HENNEPIN COUNTY TO UTILIZE APPROXIMATELY 3.68 ACRES OF STARING LAKE PARK LAND FOR EXPANSION OF PIONEER TRAIL L. ADOPT RESOLUTION APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR RIVERVIEW ROAD STREET & UTILITY IMPROVEMENTS, I.C. 52-157 M. ADOPT RESOLUTION RECIEVING FEASIBILITY STUDY AND SETTING PUBLIC HEARING FOR RIVERVIEW ROAD STREET & UTILITY IMPROVMENTS, I.C. 52-157 ANNOTATED AGENDA July 15,2008 Page 3 N. AWARD CONTRACT FOR REPLACEMENT OF WATER MAIN ALONG WEST 78TH STREET TO ELLINGSON DRAINAGE, INC. O. AWARD BID FOR STARING LAKE PARK AMPHITHEATER RECONSTRUCTION TO SUNRAM CONSTRUCTION P. ADOPT RESOLUTION APPROVING MNDOT AMENDMENT NO. 1 TO AGREEMENT NO. 86458 IX. PUBLIC HEARINGS/MEETINGS HRA MOTION: Roll call/call the HRA to order. HRA MOTION: Move to approve the minutes of the HRA meeting held February 12, 2008. CC IX.A. & HRA III. JOINT HRA/CITY COUNCIL PUBLIC HEARING ON AMENDMENT TO THE TAX INCREMENT FINANCING PLAN FOR TIF DISTRICT NO. 15 Official notice of these public hearings were published in the July 3, 2008,Eden Prairie News. Synopsis: Silvercrest Properties, owners of the Summit Place Senior Apartments, is proposing to complete the last phase of their development with an 80-unit addition to their existing 265 unit project located on Flying Cloud Drive and Fountain Place Drive. This project is within a Tax Increment District established in 1999 for the purpose of providing affordable rents on 20 percent of the units. An additional 80 units will require that another 16 units be affordable to maintain TIF eligibility. All 16 affordable units will be located in the existing project area as independent units, versus assisted living or memory care units, which have a variety of medical, food, and other services bundled into the rents. The existing TIF plan and budget will be amended to include the additional 16 units and Tax Increment generated from the value of the new building addition. HRA MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution approving the Amendment to the Tax Increment Financing Plan for TIF District No. 15 HRA MOTION: Move to adjourn the HRA. ANNOTATED AGENDA July 15,2008 Page 4 COUNCIL MOTION: Move to: • Close the City Council Public Hearing: and • Adopt Resolution approving the Amendment to the Tax Increment Financing Plan for TIF District No. 15 B. NEW PERSPECTIVE SENIOR LIVING. Request for: Guide Plan Change from Commercial Regional Service to High Density Residential on 2.98 acres, Planned Unit Development Concept Review on 11.81 acres. Location: 7300 Flying Cloud Drive. (Resolution for Guide Plan Change; Resolution for PUD Concept Review) Official notice of this public hearing was published in the July 3, 2008,Eden Prairie News and sent to 7 property owners. Synopsis: The applicant,New Perspective Senior Living, is withdrawing the project from further review with the City Council. The 120-Day Review Period Expires on August 29, 2008. MOTION: Move to: M • Close the Public Hearing; and • Return the development plans to the proponent without prejudice. 1 C. ADC RE-PLAT Request for: Preliminary Plat into two lots on 89.72 acres. Location: South East quadrant of Technology Drive & Mitchell Road. (Resolution for Preliminary Plat) Official notice of this public hearing was published in the July 3, 2008,Eden Prairie News and sent to 291 property owners. Synopsis: The plat is a subdivision of 91.03 acres into two lots. Both lots exceed the 2 acre minimum requirement of the I-2 Zoning District.In 1999 the City approved the ADC Planned Unit Development for 1,180,000 square feet of development. Waivers were granted for building setback to Technology Drive, increase in allowable office use,building height, and parking space dimensions in the parking deck. The 120-Day Review Period Expires on August 22, 2008. The Planning Commission voted 7-0 to recommend approval of the project at the June 9, 2008 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat on 91.03 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. ANNOTATED AGENDA July 15,2008 Page 5 D. CH ROBINSON DATA CENTER/OFFICE Request for: Guide Plan Change from Neighborhood Commercial to Office on 2.59 acres, Planned Unit Development Concept Amendment on 9.84 acres, Planned Unit Development District Review and Zoning District Change from Neighborhood Commercial to Office on 2.59 acres, Site Plan Review on 9.84 acres, and Preliminary Plat of 9.84 acres into one. Location: 14701 Charleson Road. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution for Preliminary Plat) Official notice of this public hearing was published in the July 3, 2008,Eden Prairie News and sent to 35 property owners. Synopsis: This is for a 40,000 square foot office building and an 18,145 square foot data center. The 120-Day Review Period Expires on September 28, 2008. The Planning Commission voted 7-0 to recommend approval of the project at the June 23, 2008 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Neighborhood Commercial to Office on 2.59 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 9.84 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Neighborhood Commercial to Office on 2.59 acres; and • Adopt the Resolution for Preliminary Plat on 9.84 acres into 1 lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Direct staff to issue a grading, footing, and foundation permits to CH Robinson to proceed with construction at their own risk E. TOP DOG COUNTRY CLUB & VET CLINIC Request for: Planned Unit Development Concept Review on 3.03 acres, Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 3.03 acres, and Site Plan 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 July 3, 2008,Eden Prairie News and sent to 20 property owners. Synopsis: 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.) ANNOTATED AGENDA July 15,2008 Page 6 Services range from morning drop off and evening pick up similar to a child care facility to overnight boarding. 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 Franks Nursery. "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. The Top Dog Country Club and Vet Clinic project was reviewed at the January 14, 2008 Planning Commission Meeting. The Planning Commission voted 5-0, with 1 abstention to approve the project as submitted. The applicant, Grootwassink/Fendler Patterson Construction, Inc. withdrew the project from further review with the City Council on April 8, 2008. The Excelsior Group is the new applicant with Fendler Patterson as the contractor. The 120-Day Review Period Expires on October 1, 2008. Staff developed the following four approaches to review the project: 1. The plan as proposed. 2. A revised plan consistent with current zoning. 3. A revised plan with waivers and consistent with the Town Center Plan. 4. Focus on the future development of the Town Center. The staff recommended development approach 2, 3, or 4. The Planning Commission voted 7-0 to recommend approval of the project (alternative approach#1--the plan as proposed) at the June 23, 2008 meeting. 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 with waivers, and Zoning District Amendment within 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 ANNOTATED AGENDA July 15,2008 Page 7 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Irrigation of City-owned Properties B. REPORT OF CITY MANAGER 1. Public Assembly Regulations Synopsis: The City of Bloomington recently adopted new ordinance regulating public assemblies in their city. The Bloomington ordinance may be something we want to consider in Eden Prairie. I have attached a review of the Bloomington ordinance prepared by Mike Barone. If there is interest among the Council in developing such an ordinance, staff will endeavor to develop such an ordinance for an initial Council review at the August 19 Council meeting. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Adaptive Reuse Study Of John R. Cummins House Synopsis: The Final Report of the "Adaptive Use Study of the John R. Cummins House" indicates that the most likely viable economic use of the house and a portion of the grounds would be for a hospice provided an addition is made to the house. Office, residential, and horticultural are also possible viable uses. Regardless of the ultimate use, much of the heritage site, including the historic peony garden, could remain open to the public. (See Cover Memo for more detail.) MOTION: Move to accept the "Adaptive Use Study of the John R. Cummins House" and direct staff to begin marketing a portion of the Site for Sale or Lease with the Remainder Public. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Cemetery Task Force Report Recommendations Synopsis: The Pleasant Hills Cemetery was conveyed to the City of Eden Prairie in 1986. Along with the land and the responsibility for operation, care and maintenance; a perpetual care fund was contributed. Recently, a Cemetery Task Force was formed to study the current policies and procedures along with proposed improvements for the cemetery. On March 4, 2008, the City Council accepted the Cemetery Task Force Report and directed staff to move forward with developing a plan for the recommended upgrades. The City ANNOTATED AGENDA July 15,2008 Page 8 Council acts as the Cemetery Board and has the authority to authorize both policy and physical upgrades. The total project costs are estimated to be approximately $75,000. The current fund balance of$258,000 is sufficient to fund the improvements. The attached master plan and cost estimates indicate the items that are proposed to be upgraded or replaced. All purchasing procedures will be followed and any items requiring City Council approval will be brought back to the Council at a later date. MOTION: Move to authorize staff to proceed with proposed improvements as supported by the Cemetery Task Force Report. 2. Proposed Parks and Recreation Fee Changes and Additions for Inclusion in the 2009 Budget Synopsis: Staff is submitting the proposed changes to fees and charges for inclusion in the 2009 budget. These fees and charges are a part of the annual operating budget within the Parks and Recreation Depaitiuent and help offset operating expenses. A public hearing is being scheduled for the August 19 City Council meeting. Fees and charges are established for programs and services offered through the Parks and Recreation Department. Historically, the fees and charges have been approved by the City Council towards the end of the calendar year. From a practical standpoint, this meets the requirement for inclusion into the next year's budget. However, in order to promote the programs and services that these fees and charges are associated with in a timely manner(approximately September), staff has had to assume that these fees would be acceptable to the City Council. In order to advance the timeline for approval and allow time for additional comments and suggestions, staff is proposing the following timeline: June Review proposed fees and charges with the Parks, Recreation and Natural Resources Commission July Submit to City Council for Approval Late Fall Include with Resolution for all City Fees and Charges January Implement Approved Fees The following are new or changed fees and charges proposed by staff for 2009. This information was discussed and unanimously recommended for adoption by the Parks, Recreation and Natural Resources Commission at their June 2, 2008 meeting. Meeting Room 201 fee change - The fee increase is due to the size of the room. It falls between the smaller meeting rooms and the larger Cambria. It also provides a higher level of amenities than the small meeting rooms. ANNOTATED AGENDA July 15,2008 Page 9 Addition of Gymnasium fees - This is due to uncertainty of what the market could bare for gymnasium rental during the time the fee schedule was due. Addition of 3rd Rink fee - This is due to uncertainty of what the market could bear for dry floor rink rental during the time the fee schedule was due. The fees are subject to increase once we include the turf covering on the dry floor. Racquetball fee decrease- This was a misprint in the previous resolution Addition of Play Care fees -New child care facility requires a fee for members Addition of Play Structure fees -New Play Structure fees are required for members and patrons Addition of Birthday Party fees -New birthday party package fees requested by patrons Ice time increase - Hourly prime time ice rates are proposed to be increased. This is similar to other facilities within the market and has been a common practice to help off-set expenses. Fee increases to reflect increases in maintenance cost for: canoe rack storage, ballfield tournaments and cemetery lots. These fees and charges were received by the Parks, Recreation and Natural Resources Commission and were recommended to be adopted. 3. Bids for Veterans Memorial Phase II Synopsis: The City of Eden Prairie advertised for the construction of Phase II of the Veterans Memorial Project at Purgatory Creek Park. Plans and specifications were prepared utilizing SRF Consulting Group and the City received four bids from prospective contractors. The scope of the work includes site work, concrete work, Terra Pavers, installation of granite pavement, sculpture bases, and lighting. The funding for this construction project comes from the donations raised by the Eden Prairie Veterans Task Force and a $100,000 grant from the State of Minnesota. The summary of the Veterans Memorial Phase II bids is as follows: Bidder Bid Amount 1. American Liberty Construction $ 139,699.43 2. Blackstone Contractors $ 138,671.52 3. Sunram Construction $ 237,770.54 4. Bollig & Sons $ 0.00 ANNOTATED AGENDA July 15,2008 Page 10 The consultant's estimate for the project is $130,000. Each of the submitters has met the guidelines as detailed in the bid specifications and staff recommends the bid award go to Blackstone Contractors in the amount of$ 138,871.52. The timetable laid out in the bid package is for the construction to start at the in August and be complete by October 31, 2008. MOTION: Move to Award the bid for construction of Phase II of the Veterans Memorial Project to Blackstone Contractors in the amount of $ 138,671.52. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Croixwood Pond Maintenance 2. Town Center Electrical Transmission Line Synopsis: Gene Dietz will provide a verbal report and description of the document from our consultant. MOTION: Move to receive report from Black & Veatch regarding cost to underground and/or re-route the Xcel transmission line in the vicinity of Town Center. 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. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JUNE 17, 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 Heritage Room II Mayor Young called the meeting to order at 5:35 p.m. Council Member Nelson was absent. I. COMMUNITY CENTER UPDATE Parks and Recreation Director Jay Lotthammer presented a PowerPoint overview of the Community Center project. Ground was broken on the expansion and renovation project was in April 2007. The Grand Opening event was held May 17, 2008, and the final portion of work on the Third Ice Rink will be completed in September. Membership has increased sharply—from 531 at this time last year to almost 1,000 memberships as of May 2008. Lotthammer said the construction management concept,under which RJM Construction acted at the City's representative, used on this project worked well. Lotthammer also provided an update on new financial contributions to the project as well as a list of new expenses. The final walk-through is scheduled for late August and project acceptance will be presented to the City Council in September for approval. II. INNOVATIONS IN COMMUNICATIONS City Manager Scott Neal and Communications Manager Joyce Lorenz previewed three new features on the City Website. Council Workshop Minutes June 17, 2008 Page 2 A. CITY NEWS The City News feature allows individuals to subscribe to update alerts on 19 topics and 66 sub-topics via e-mail. B. CITY DOCS City Docs provides website visitors access to a variety of public documents, including ordinances, resolutions, and meeting minutes. More types of documents will be added as they are digitized by staff. C. CITY TV On City TV,users can view Council and Planning meetings live and on-demand. A bookmarked agenda accompanies each on-demand meeting, allowing the user to instantly go to whichever portion of the meeting they wish to see. Council Chamber III. OPEN PODIUM A. MARK LINDNER—PARK BOUNDARY Mr. Lindner said he just became aware that the City is undertaking a project to locate and mark boundaries between private and City-owned property. He said he does not believe residents should have to pay for unnecessary property surveys. He also does not want to have to see the property markers. Mayor Young thanked Mr. Lindner for his comments. He said encroachment onto City property is an ongoing issue, and that the City recently began to formalize our process of locating and marking property boundaries. Much of this work is being done by seasonal employees. IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 17, 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. Council Member Nelson was absent. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Mayor Young thanked Boy Scout Troop 342, Eden Prairie United Methodist Church, for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said the information in the packets regarding Item VIII.F. of the Consent Calendar has been replaced. Rosow said they added an addendum to the standard form of owner/architect contract that the engineer requested. Rosow noted there is also a change on Item VIII.K. of the Consent Calendar to replace the proposal of the contractor by deleting their general conditions and all references to it. Young noted Item VIII.O. has been removed from the Consent Calendar because Council Member Nelson would like discuss it and she was not able to attend tonight's meeting. Butcher added Item XIV.A.2. Report on June 12 Ceremony. Neal added several items under Item XIII.B. REPORT OF CITY MANAGER. MOTION: Aho moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 4-0. V. PROCLAMATIONS/PRESENTATIONS A. RECOGNITION OF NEW CERT VOLUNTEERS Assistant Chief of Emergency Preparedness Kip Springer said they want to recognize 13 individuals in our city for their dedication in completing the Community Emergency Response Team (CERT) program and also for their CITY COUNCIL MINUTES June 17, 2008 Page 2 commitment to the City of Eden Prairie. He gave a PowerPoint presentation about the CERT program, noting this is the fifth anniversary of the program which was started in 2003 with 38 members. He said their target was to get to 100 members and, with the addition of these new volunteers, we now have 104 members. He reviewed the disaster training program the CERT members go through. Captains Stein, Liddell and Carlson introduced the 13 new volunteers, and Mayor Young, Chief Esbensen and Assistant Chief Springer presented certificates to each of them. Young noted it is a highlight for the City Council to recognize the CERT volunteers and thanked them for their service. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 3, 2008 MOTION: Duckstad moved, seconded by Butcher, to approve the minutes of the Council Workshop held Tuesday, June 3, 2008, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 3, 2008 MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, June 3, 2008, as published. Motion carried 4- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 15-2008 AMENDING CITY CODE SECTION 3.30 RELATING TO WATER SERVICE C. APPROVE SECOND READING OF ORDINANCE NO. 16-2008 AMENDING CITY CODE SECTIONS 9.70 AND 9.71 RELATING TO PROCEDURES FOR DISEASED TREES AND HERBACEOUS VEGETATION ABATEMENT AND AMENDING CITY CODE SECTION 2.32 RELATING TO EMPLOYEES WHO MAY ISSUE CITATIONS AND ADOPT RESOLUTION NO. 2008-63 APPROVING SUMMARY ORDINANCE D. ADOPT THE 2008 GOOSE MANAGEMENT PLAN E. AUTHORIZE RENEWAL OF PRAIRIE VIEW LIQUOR STORE LEASE FOR ONE YEAR F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL PROCESS INC. (EPI) FOR WATER TREATMENT PLANT ROOF REPLACEMENT PROJECT CITY COUNCIL MINUTES June 17, 2008 Page 3 G. APPROVE AGREEMENT WITH SRF CONSULTING FOR FINAL DESIGN PLANS AND SPECIFICATIONS FOR STABILIZATION AND RESTORATION OF LOWER MINNESOTA RIVER WATERSHED DISTRICT STUDY AREAS 1 AND 2, I.C. 07-5698 H. APPROVE CONTRACT WITH FORTIN CONSULTING FOR SHORELAND RESTORATION SERVICES FOR MITCHELL LAKE ASSOCIATION,I.C. 06-5679 I. CHANGE ORDER FOR IMPROVEMENTS AT BIRCH ISLAND WOODS PARK, ROUND LAKE BASEBALL STADIUM AND COMMUNITY CENTER IMPROVEMENTS J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR CONSTRUCTION PHASE SERVICES FOR RECONSTRUCTION OF FLYING CLOUD DRIVE, I.C. 07-5708 K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION INC. FOR CONSTRUCTION MATERIAL TESTING SERVICES FOR RECONSTRUCTION OF FLYING CLOUD DRIVE,I.C. 07-5708 L. ADOPT RESOLUTION NO. 2008-64 AWARDING CONSTRUCTION CONTRACT TO S.M. HENTGES & SONS, INC., FOR RECONSTRUCTION OF FLYING CLOUD DRIVE, I.C. 07-5708 M. APPROVE PHASE II NPDES STORMWATER PERMIT PROGRAM ANNUAL REPORT, I.C. 02-5585 N. LOCAL WATER MANAGEMENT PLAN (LWMP) UPDATE, I.C. 99-5501 O. ACCEPT THE ADAPTIVE USE STUDY OF THE JOHN R. CUMMINS HOUSE AND DIRECT STAFF TO BEGIN MARKETING A PORTION OF THE SITE FOR A HOSPICE WITH THE REMAINDER PUBLIC (removed) MOTION: Duckstad moved, seconded by Aho, to approve Items A-N on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Duckstad, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote,with Aho, Butcher, Duckstad and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES June 17, 2008 Page 4 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS FOR 2008/2009 SCHOOL YEAR Mike Barone, Assistant to the City Manager, described the recruitment of the students and the process used internally to assign students to the commissions. He said the recruitment period for the 2008 —2009 Students on Commission program began on May 8, 2008, and ended on June 6, 2008, with 15 applications received. A new addition to the Students on Commissions program this year is to place students on the Flying Cloud Airport Advisory Commission for the first time. The Students on Commission program year has the following dates for the terms mentioned in the appointments - -the Fall term dates are September 2008 through December 2008, while the Winter/Spring term dates are January 2009 through April 2009. Barone said student commission members will attend all monthly meetings for the commission they are appointed to. Since the Flying Cloud Airport Advisory Commission meets every other month, student commission members appointed to that commission will attend meetings in September 2008,November 2008, January 2009, and March 2009, and any other special meetings that may be called by that Commission during the program year. An orientation session will be held for all student representatives during the last week of August 2008, where information on City government, the City Council, as well as Commission structure and function will be presented. MOTION: Duckstad moved, seconded by Butcher, to appoint Nicole Garbowicz and Katy Johnson for both the Fall &Winter/ Spring terms on the Arts and Culture Commission during the 2008—2009 program year. Motion carried 4-0. MOTION: Butcher moved, seconded by Duckstad to appoint Vallari Ajgaonkar, Alexandra Baumhardt, and Michael Caughill for both the Fall &Winter/Spring terms on the Conservation Commission during the 2008—2009 program year. Motion carried 4-0. MOTION: Aho moved, seconded by Duckstad, to appoint Michael Dennis and James Maslyn for both the Fall & Winter/Spring terms on the Flying Cloud Airport Advisory Commission during the 2008 —2009 program year. Motion carried 4-0. MOTION: Duckstad moved, seconded by Aho, to appoint Frank Bi and Stephanie Vilendrer for both the Fall &Winter/Spring terms on the Heritage Preservation Commission during the 2008—2009 program year. Motion carried 4-0. MOTION: Butcher moved, seconded by Duckstad, to appoint Ummul Kathawalla, Adam Liter, and Nelum Madanayake for both the Fall & Winter/Spring terms on the Human Rights and Diversity Commission during the 2008—2009 program year. Motion carried 4-0. CITY COUNCIL MINUTES June 17, 2008 Page 5 MOTION: Aho moved, seconded by Duckstad, to appoint Andrew Baker, Marie Loeffelholz, and Michael Powell for both the Fall &Winter/Spring terms on the Parks,Recreation, and Natural Resources Commission during the 2008—2009 program year. Motion carried 4-0. Young thanked all those who expressed interest in serving on the commissions. XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. GEARS Board Meeting—Mayor Young Young said the process is now underway among all the metropolitan area counties to create the governing body that will be responsible for some of the sales tax proceeds that will result from the recent sales tax increase. Various counties have been designated a certain number of representatives. Hennepin County will have a permanent appointee, and there are two other positions open for representatives from Hennepin County to apply for. Each city designates one elected official as a candidate, and each city has one vote for the members of the board at the vote to be held on July 21. He asked if any City Council Member was interested in being a candidate for the Board or was interested in representing Eden Prairie at the election in St. Paul. He said he does not have a strong interest in serving, but he wanted to advise the Council of the opportunity He noted we don't have to make a decision today, but we will probably need to decide by the first meeting of July. 2. Report on June 12 Ceremony—Council Member Butcher Butcher said she attended the swearing-in ceremony of 19 new firefighters for the City of Eden Prairie on June 12. She said by adding 19 new firefighters to our fire service we now have issued 256 badges since the fire service was started in 1967. She said the ceremony included thanking one firefighter who is retiring this year. She said the fire service really demonstrates we are a community that cares and we have individuals who are committed to the City of Eden Prairie and to our public safety. She thanked Fire Chief Esbensen for his remarkable leadership. Young said the entire City Council feels very strongly and is very appreciative of the efforts of our volunteers and full time staff in public safety which he considers to be the most critical function of city government. He thanked Council Member Butcher for attending the ceremony and said it was unfortunate that he and the other Council members were unable to attend the ceremony because it was held the same night as the Flying Cloud Airport Advisory Commission meeting. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES June 17, 2008 Page 6 1. Report on Proposed Highway 169 Corridor Commission Neal said there was a meeting in Jordan the week before last of local elected and appointed officials who are interested in establishing a Hwy 169 Corridor Commission. The commission would have goals and structure similar to the SouthWest Corridor Commission and would include cities along Hwy 169 from Minnetonka to Mankato. He said there were between 60 and 70 elected officials at the meeting including a number of state representatives and Senator Hann. A group of volunteers will look at establishing the commission and will come back with a proposal to all the cities along the corridor. He said it was particularly interesting that most of those attending the meeting recognized that major improvements to the Hwy 169 and 494 intersection area are the lynch pin in freeing up Hwy 169 capacity. He said he will keep the Council updated as the commission continues to develop. 2. Report on Flying Cloud Airport Advisory Commission Public Meeting Neal said he and Mayor Young attended the meeting along with Council Members Aho and Nelson. He said the purpose of the meeting was to inform the residents around the airport about what is happening with airport improvements that will start this summer. He said there were a few individuals who wanted to reopen the discussion about whether we need the airport or not,but that wasn't the purpose of the meeting. He noted MAC staff did a nice job, as did Rich King who facilitated the meeting 3. Petition from Neighborhood on Kroywood Pond Neal said the Council Members have a copy of a petition from Tom McNulty and his neighbors who live on Kroywood Pond. Mr. McNulty raised the question whether the City will care for a storm water retention pond the same way we care for a lake. The answer to the question is we don't manage the ponds to the same lake quality efforts as lakes. He noted this is a request we receive from different homeowners associations every year. Staff will pull together some cost estimates of what it would cost to do all or a percentage of our ponds every year and will provide those numbers by the next Council meeting. 4. "150 Years of Community" Cup Neal said the "150 Years of Community" commemorative cup celebrates the sesquicentennial and will be for sale at various community events and also at the front desk at City Hall. The $6.00 price will enable us to recover the costs of the cup. 5. Letter from Resident on Sandridge Road Neal said we received a letter from the resident at 6991 Sand Ridge Road in May thanking and commending the City for the work of seeding and CITY COUNCIL MINUTES June 17, 2008 Page 7 application of sod in the area of their lawn hit by a snowplow last winter. The resident called street maintenance on May 7 and talked to a very pleasant employee who took the information and thanked the resident for calling about the situation. The work was completed by May 9, and the employees who installed the sod were also very nice. The resident thought the turn-around time for the service was very impressive. 6. Trading Jobs on Kare-11 TV Neal said he will be part of the feature "Job Swap with Rena"that is done by Rena Sarigianopoulos for Karel 1 TV. Ms Sarigianopoulos will take over his job tomorrow, and next week he will try to do her job on early morning TV. Young said he wanted to comment further on the issue of the Flying Cloud Advisory Commission meeting. He was glad we held the meeting because the airport is and will continue to be an important issue for the City. He noted the expansion isn't our project,but the reality is it will happen within our borders and it is an important issue for our residents. Public service events such as the one last week are what local government is all about. He was glad that MAC provided some key staff to the event so questions could be answered. He thought it will be important that we have the details at hand as we go through the summer and fall and they begin the runway expansion. He said he is still getting calls from people who attended last week's meeting and he thought, given the nature of the airport expansion, it is important that we remain available at all times to provide the latest information. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Art Center Fundraising Update Lotthammer said several Council meetings ago he committed to giving periodic reports on the progress of the Art Center. Last Thursday there was a front page article in the Eden Prairie News about the Art Center and the fundraising needs. Since the article appeared he has received several phone calls, and several people are very enthused about serving on the committee to help raise funds. Staff is planning an event on July 9 at 6:00 PM at the Art Center that we hope will be the kickoff of a committee to take us forward into full-fledged fundraising events and activities. Staff is in the process of applying for a grant from the SuperValu Foundation. The Eden Prairie Foundation has agreed to be the financial arm of the fundraising. They will accept donations and keep them in an account. We are also soliciting the Lions Club with a letter request for some of their quarterly rewards. Lotthammer said Mayor Young asked at the June 3 meeting what the goal might be. Staff has identified about $326,000 of individual projects and CITY COUNCIL MINUTES June 17, 2008 Page 8 items that need to happen in order to convert the building from a private to a public facility. Our long term goal is to bring art and art programs to the community at a reasonable price and to make it accessible to all. He said Dan O'Brien, project architect, has a rough design and within a week will have a final design that can be taken out for bids. We are moving forward and anyone who would like to be involved in the committee should give him a call. Young thanked Mr. Lotthammer for a very good report. He said Mr. Neal had informed him of the progress on the Art Center and also on the progress being made towards a permanent structure for the telescope. He thought people and businesses in this community do step up and are interested in giving back to the community. Duckstad thanked him for the report, noting it was helpful to have the information as it goes along. 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: Duckstad moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Young adjourned the meeting at 7:45 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel Carrie Neiburg—3 dogs Pamela Kley—3 dogs New Liquor License—New Ownership Licensee name: EP Foods, LLC (Formerly Fuddruckers, Inc) DBA: Fuddruckers 11825 Technology Drive - 1 - CITY COUNCIL AGENDA DATE: July 15, 2008 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Walgreens Janet Jeremiah/Scott Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Commercial Regional Service Zoning District; and • Adopt a Resolution for Site Plan Review; and • Approve the Development Agreement for Walgreens; and • Approve and Authorize Issuance of a Grading Permit for Walgreens, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated June 3, 2008, as approved by the City Council. Synopsis This is final approval of plans and the Development Agreement for Walgreens. Background Information The 120-Day Review Period Expires on July 28, 2008. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement WALGREENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2008-PUD- -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_-2008-PUD-_-2008 (hereinafter "PUD-_- 2008- ). Section 3. The City Council hereby makes the following findings: A. PUD-_-2008- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2008- 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-_-2008- are justified by the design of the development described therein. D. PUD-_-2008- 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 July 15, 2008, entered into between Flying Equities, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2008- , 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_-2008- , 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 17th day of June, 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 15th day of July, 2008. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2008. EXHIBIT A PUD Legal Description — Parcel 1: Lot 4, Block 1, The Preserve Commercial Park North 4th Addition, Hennepin County, Minnesota. Abstract Property Parcel 2: Lot 5, Block 1, The Preserve Commercial Park North 4th Addition, together with the appurtenant easements contained in Document No. 4908092, Hennepin County, Minnesota. Abstract Property WALGREENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2008-PUD- -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 8240 Flying Cloud 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.) WALGREENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR WALGREENS BY FLYING EQUITIES, LLC WHEREAS, Flying Equities, LLC, has applied for Site Plan approval of Walgreens to construct a 15,000 square foot Walgreens retail store and pharmacy,by an Ordinance approved by the City Council on July 15, 2008; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 12,2008 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its June 3, 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 Walgreens based on the Development Agreement between Flying Equities, LLC and the City of Eden Prairie, reviewed and approved by the City Council on July 15, 2008. ADOPTED by the City Council of the City of Eden Prairie this 15th day of July, 2008. Phil Young , Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT WALGREENS THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of July 15,2008, by Flying Equities,LLC, a Limited Liability Company ,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 2.42 acres, Planned Unit Development District Review with waivers on1.21 acres, Zoning District Amendment in the Commercial Regional Service Zoning District on1.21 acres, Site Plan Review on 1.21 acres, and Preliminary Plat of 1.21 acres into one lot and road right of way, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment in the Commercial Regional Service ,Resolution No. for Site Plan Review,and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated June 3,2008,reviewed and approved by the City Council on June 3,2008, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the final plat for the Property,Developer shall provide a Cross Access Easement,Private Utility and Maintenance Agreement over the private driveway located within the Property that provides cross access to Lots 1-3, Block 1, The Preserve Commercial Park North 4th, adjacent to the Property. The form of the Agreement must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access and maintenance over the private streets, storm sewers, and rainwater gardens. All of these facilities shall be privately owned and maintained by the Developer or Owner. After approval by the City,Developer shall file the Cross Access Easement, Private Utility and Maintenance Agreement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Cross Access Easement, Private Utility and Maintenance Agreement have been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 4. 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. 5. 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. 6. 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. 7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information,including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities,such as water quality ponding areas,stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins or Stormwater Infiltration Systems(such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips,curbless parking lot islands,parking lot islands with curb-cuts,traffic islands, tree box filters,bioretention systems or infiltration trenches)shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction,erosion, clogging,vegetation loss and channelization of flow are not occurring,and thereafter by the Owner of the Property.A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants,re-mulching of void areas,replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 41 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): A. Front yard setback to building from 35 feet to 16 feet along Regional Center Rd. B. Front yard setback to parking from 35 feet to 12 feet along Flying Cloud Dr. C. Front yard setback to parking from 17.5 feet to 4 feet along Regional Center Rd. D. Rear yard setback to parking from 10 feet to 0 feet along south property line. E. Accessory structure setback(trash enclosure) from 35 feet to 8 feet along Regional Center Rd. F. Pylon sign setback from 20 feet to 6 feet along Flying Cloud Dr. 12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 13. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code,Section 11.70,Subdivision 5a. 14. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 22 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 15. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 16. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building, include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 17. TREE LOSS - TREE REPLACEMENT: There are 120 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 120 diameter inches. Tree replacement required is 120 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 120 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 18. PUBLIC WATERMAIN RELOCATION PLANS: Prior to issuance by the City of any permit for the relocation of public watermain for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for the watermain relocation. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 19. SPECIAL SERVICES DISTRICT: Developer shall file a petition with the City of Eden Prairie in form and substance as attached hereto on Exhibit D and hereby consents to the establishment of a special service district by the City under Minnesota Statutes§428A.01 to 428A.101. Developer waives all rights to objection,appeal and veto granted under law or in equity including but not limited to the rights granted under Chapter 428A,including but not limited to the right to object under§428A.02, Subd.4(1),the right to appeal establishment of the Special Services District under §428A.02, Subd. 5 and the right to veto under §428A.09, Subd 1, or the right to objection to the ordinance establishing the district under §428A.09, Subd.2.Developer waives all rights to object to the validity of the special service district,the inclusion of the Development Property within the special service district,or the procedures used by the City in establishing the special service district. Developer hereby releases the City, its officers, agents and employees from any and all liability relating to or arising out of the establishment of the special service district.Developer shall not sell,assign or otherwise transfer all or any portion of the Development Property to a third party unless such third party agrees in writing to be bound by the terms of this paragraph. An advisory board shall be formed by the City which will include the Developer as a member. 20. SIDEWALK CONSTRUCTION: Prior to issuance by City of any building permit on the Property,Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks to be constructed on the Property. Prior to release of any portion of the final plat,Developer shall convey to the city easements for such sidewalks in such locations as determined by the Director of Parks and Recreation Services. Sidewalks shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located adjacent to Regional Center Road from the westerly Property line to the easterly driveway entrance as depicted in the Plans. Steps leading from the building to the sidewalk shall be located within the Property. After approval by the City, Developer shall file the access easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the access easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office in accordance with the requirements of this paragraph. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 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 Flying Equities, LLC By By Its Phil Young Its Mayor By By_ Its Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of June, 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 FLORIDA ) ) ss. COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of , 2008,by , the , of Flying Equities, LLC, a Minnesota Limited Liability Company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT —WALGREENS Legal Description Before Final Plat: Parcel 1: Lot 4, Block 1, The Preserve Commercial Park North 4th Addition, Hennepin County, Minnesota. Abstract Property Parcel 2: Lot 5, Block 1, The Preserve Commercial Park North 4th Addition, together with the appurtenant easements contained in Document No. 4908092, Hennepin County, Minnesota. Legal Description After Final Plat: Lot 1, Block, Preserve Commercial Park 5th Addition EXHIBIT B DEVELOPMENT AGREEMENT —WALGREENS Cover sheet dated 05/20/08 by The Albion Group Sheet A0.1, Site Plan dated 05/20/08 by The Albion Group Sheet A0.2, Site Fencing details, dated 05/20/08 by The Albion Group Sheet L1, Tree Removal Plan, dated 05/20/08 by The Albion Group Sheet L2, Landscape Plan, dated 05/20/08,by The Albion Group Sheet EO.1A, Lighting &Photometric Calculations dated 05/20/08,by The Albion Group Sheet C1.0, ALTA/ACSM Land Title Survey dated 12/27/07,by Northstar Surveying, Inc. Sheet C2.0, Grading and Drainage Plan, dated 03/28/08, by HTPO Sheet C3.0, Utility Plan, dated 03/28/08, by HTPO Sheet C4.0, Erosion Control Plan, dated 03/28/08,by HTPO Sheet A1.0, Basement Plan, dated 05/20/08, by The Albion Group Sheet A1.1, Floor Plan, dated 05/20/08,by The Albion Group Sheet A1.3, Roof Plan & Details, dated 05/20/08, by The Albion Group Sheet A1.3A, Roof Top Screening Details, dated 05/20/08, by The Albion Group Sheet A2.1, Exterior Elevations, Details, Sign Data, dated 05/20/08, by The Albion Group Sheet A5.1, Reader Board Pylon Sign Details, dated 05/20/08, by The Albion Group Sheet A5.2, Exterior Sign Data, dated 05/20/08, by The Albion Group EXHIBIT C DEVELOPMENT AGREEMENT —WALGREENS I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 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. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT - WALGREENS PETITION Flying Equities, LLC, a Limited Liability Company hereby requests that the City of Eden Prairie, under Minnesota Statutes § 428.08, as follows: That the City hold a public hearing on the adoption of an ordinance to establish a special service district which includes the Development Property; That the City hold a public hearing on the imposition of a service charge based on net tax capacity to be imposed upon the Development Property; and That the City hold a public hearing on the imposition of a service charge other than one based on net tax capacity to be imposed upon the Development Property. OWNER FLYING EQUITIES A Limited Liability Company BY: Its General Partner By: NOT TO BE SIGNED 4256600 2.DOC CITY COUNCIL AGENDA DATE: July 15, 2008 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning The Enclave at Shady Oak Road Janet Jeremiah/Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 28.6 acres and Zoning District Change from Rural and R1-13.5 to R1-9.5on 28.6acres ; and • Approve the Development Agreement for The Enclave at Old Shady Oak Road. Synopsis This is final approval of the plans and development agreement for a 44 single family lot subdivision on land that is guided low density residential. Background Information The 120-Day Review Period Expires on July 28, 2008. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Development Agreement THE ENCLAVE AT OLD SHADY OAK ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 18-2008-PUD-9-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural and R1-13.5 Zoning District and be placed in the R1-9.5 Zoning District 18-2008-PUD-9- 2008 (hereinafter "PUD-9-2008-R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 15, 2008, entered into between Enclave Development, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-9-2008-R1-9.5and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-9-2008-R1-9.5is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2008-R1-9.5is 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-9-2008-R1-9.5are justified by the design of the development described therein. D. PUD-9-2008-R1-9.5is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural and R1-13.5 Zoning District, and placed in the R1-9.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-9-2008-R1-9.5and 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 3rd day of June 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 15th day of July, 2008. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2008. EXHIBIT A —The Enclave at Old Shady Oak Road PUD Legal Description — Parcel 1: That part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota described as follows: Beginning at the Northwest corner of said Northeast Quarter of the Northeast Quarter, thence South to the Southwest corner thereof, thence East a distance of 456.08 feet along the South line thereof, then North a distance of 50 feet parallel with the West line thereof, thence East parallel with the South line thereof to the center line of Shady Oak Road, thence South along said centerline to the South line of said Northeast Quarter of the Northeast Quarter, thence East along said South line to a point 425.75 feet West from the southeast corner of said Northeast Quarter of the Northeast Quarter, thence West along said North line to the East line of the West 406.5 feet of said Northeast Quarter of the Northeast Quarter, thence North along said East line to the North line thereof, thence West to the point of beginning. Except there from the following described tract: Commencing at the Southeast corner of the Northeast Quarter of the Northeast Quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota; thence West along the South line of the Northeast Quarter of the Northeast Quarter of said section on an assumed bearing of South 88 degrees 35 minutes 02 seconds West a distance of 425.75 feet to the point of beginning; thence South 88 degrees 35 minutes 02 seconds West a distance of 146.92 feet to the centerline of existing Old Shady Road; thence North 00 degrees 41 minutes 15 seconds West a distance of 50.00 feet; thence South 88 degrees 35 minutes 02 seconds West a distance of 10.27 feet thence northeasterly a distance of 180.27 feet along a non-tangential curve concave to the Southeast having a central angle of 41 degrees 51 minutes 04 seconds, a radius of 246.80 feet and a chord bearing of North 45 degrees 29 minutes 45 seconds East; thence North 66 degrees 25 minutes 17 seconds East a distance of 24.23 feet; thence South 03 degrees 07 minutes 46 seconds East a distance of 179.65 feet, to the point of beginning, Parcel 2: Lots 1, 2, 3, 4 and Outlot A, Loosen Addition, Hennepin County, Minnesota EXHIBIT A —The Enclave at Old Shady Oak Road DEVELOPMENT AGREEMENT - THE ENCLAVE AT OLD SHADY OAK ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located west of Shady Oak Road and South of Highway 62, from Rural and R1-13.5 to R1-9.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. 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.) DEVELOPMENT AGREEMENT THE ENCLAVE AT OLD SHADY OAK ROAD THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of July 15,2008, by Pernsteiner&Associates,LLC,a Minnesota Limited Liability Company,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 28.6 acres, Planned Unit Development District Review with waivers on 28.6 acres, Zoning District Change from Rural and R1-13.5 to R1-9.5 Zoning District on 28.6acres, and Preliminary Plat of 28.6 acres into 44 lots and 5 outlots, legally described on Exhibit A(the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural and R1-13.5 to R1-9.5 on 28.6 acres,and Resolution No. for Preliminary Plat,Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated May 19,2008,reviewed and approved by the City Council on June 3,2008, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. BOOSTER PUMPS: Booster pumps shall be required on all lots within the Property that have basement elevations of 950 or higher. 4. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to release of the final plat for the Property,Developer shall submit a Conservation Easement attached as Exhibit D,for review and written approval by the Director of Parks and Recreation over proposed Outlot A as depicted in the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. Prior to issuance of the first building permit for the Property, and prior to recording of any document affecting the property, including any mortgage granted by the Developer or owners,their successors and/or assigns,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 21/2 by 6 inch sign or decal reading"Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 5. DEDICATION OF PARK LAND: Prior to release of the final plat for the Property, Developer shall tender a warranty deed for proposed Outlot B for review and written approval by the Director of Parks and Recreation Services. After approval by the City, Developer shall file the warranty deed with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the Director of Parks and Recreation Services proof that the warranty deed has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 6. 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. 7. 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. 8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information,including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities,such as water quality ponding areas,stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins or Stormwater Infiltration Systems(such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips,curbless parking lot islands,parking lot islands with curb-cuts,traffic islands, tree box filters,bioretention systems or infiltration trenches)shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction,erosion, clogging,vegetation loss and channelization of flow are not occurring,and thereafter by the Owner of the Property.A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants,re-mulching of void areas,replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 9. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplement to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Florence Helen Lonnquist,Jeffrey John Simonsen,James Robert Pavelka and Steven Michael Pavelka (as to Parcel 1 in the title commitment); Scott V. Kevitt (as to Parcel 2 in the title commitment). 10. PUBLIC USE OF STREETS: All the private streets are open to the use of the public as a matter of right for the purposes of vehicular traffic as defined in Minnesota Statues 169.01, Subd. 29. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-9.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): 1. Front yard setback for garages less than 30 feet. A 15 foot minimum front yard setback for garages only for 37 of the 44 lots. 2. Lot width less than 70 feet for lots 15 and 16, Block 1. 3. Lots not fronting on a public street for lots 1-6, Block 4. 12. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to issuance by City of any permit for grading or building on the Property, Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$1,000 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 13. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 14. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located on Shady Oak Road and Shady Oak Lane as depicted in the Plans. B. An eight-foot wide bituminous trail to be located in proposed Outlot B as depicted in the Plans. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 15. 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. 51. 16. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement,in the form and substance as attached in Exhibit E with the City for trunk sewer and water assessments on an assessable area of 17.65 acres in the amount of$110,489.00. 17. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 18. TREE LOSS-TREE REPLACEMENT: There are 4,806 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 775 diameter inches. Tree replacement required is 166 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 166 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 19. WETLAND PLAN: Prior to release of the final plat for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report")and Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements prior to release of the final plat for any portion of the Property. If the Buffer Report identifies any unacceptable vegetation or other conditions, the wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped") by the Developer within 90 days of submission of the Buffer Report. If Landscaping of the wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the final plat for any portion of the Property, Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Prior to release of the final plat for the Property, Developer shall submit a Conservation Easement attached as Exhibit F, for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. D. Wetland Buffer Strip Monuments: Prior to release of the first building permit for any portion of the Property, and prior to recording of any document affecting the property, including any mortgage granted by the Developer or owners, their successors and/or assigns,Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch(4"x 4")that states"Wetland Buffer: No Mowing Allowed". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Prior to release of the final plat for any portion of the Property,Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security") equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 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 Pernsteiner&Associates, LLC By By Its Phil Young Its Mayor By Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 15th day of July,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 July, 2008, by , the , of Pernsteiner & Associates, LLC a Minnesota Limited Liability Company on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—THE ENCLAVE AT OLD SHADY OAK ROAD Legal Description Before Final Plat: Parcel 1: That part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 116,Range 22, Hennepin County, Minnesota described as follows: Beginning at the Northwest corner of said Northeast Quarter of the Northeast Quarter,thence South to the Southwest corner thereof, thence East a distance of 456.08 feet along the South line thereof, then North a distance of 50 feet parallel with the West line thereof, thence East parallel with the South line thereof to the center line of Shady Oak Road, thence South along said centerline to the South line of said Northeast Quarter of the Northeast Quarter,thence East along said South line to a point 425.75 feet West from the southeast corner of said Northeast Quarter of the Northeast Quarter, thence West along said North line to the East line of the West 406.5 feet of said Northeast Quarter of the Northeast Quarter,thence North along said East line to the North line thereof,thence West to the point of beginning. Except there from the following described tract: Commencing at the Southeast corner of the Northeast Quarter of the Northeast Quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota; thence West along the South line of the Northeast Quarter of the Northeast Quarter of said section on an assumed bearing of South 88 degrees 35 minutes 02 seconds West a distance of 425.75 feet to the point of beginning; thence South 88 degrees 35 minutes 02 seconds West a distance of 146.92 feet to the centerline of existing Old Shady Road; thence North 00 degrees 41 minutes 15 seconds West a distance of 50.00 feet; thence South 88 degrees 35 minutes 02 seconds West a distance of 10.27 feet thence northeasterly a distance of 180.27 feet along a non-tangential curve concave to the Southeast having a central angle of 41 degrees 51 minutes 04 seconds, a radius of 246.80 feet and a chord bearing of North 45 degrees 29 minutes 45 seconds East;thence North 66 degrees 25 minutes 17 seconds East a distance of 24.23 feet; thence South 03 degrees 07 minutes 46 seconds East a distance of 179.65 feet,to the point of beginning, Parcel 2: Lots 1, 2, 3, 4 and Outlot A, Loosen Addition, Hennepin County, Minnesota Legal Description After Final Plat: Lots 1-28, Block 1; Lots 1-2, Block 2; Lots 1-3, Block 3; Lots 1-6, Block 4; Lots 1-5, Block 5 and Outlots A, B, C, D, and E, The Enclave at Old Shady Oak Road Addition, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT—THE ENCLAVE AT OLD SHADY OAK ROAD Sheet T1-1, Preliminary Site Plan dated 12/06/07 by Sathre-Bergquist, Inc. Sheet 1 of 2, ALTA/ACSM Land Title Survey dated 02/23/07 by Sathre-Bergquist, Inc. Sheet 2 of 2, ALTA/ACSM Land Title Survey dated 02/23/07 by Sathre-Bergquist, Inc. Sheet 1 of 1, Preliminary Plat dated 12/06/07 by Sathre-Bergquist, Inc. Sheet GP1 of GP3, Preliminary Grading & Drainage Plan dated 12/06/07 by Sathre-Bergquist, Inc. Sheet GP2 to GP3, Preliminary Grading & Drainage Plan dated 12/06/07 by Sathre-Bergquist, Inc. Sheet GP3 of GP3, Preliminary Grading& Drainage Plan dated 12/06/07 by Sathre-Bergquist, Inc. Sheet EC1 of EC2, Erosion Control Plan dated 12/06/07 by Sathre-Bergquist, Inc. Sheet EC2 of EC2, Erosion Control Plan dated 12/06/07 by Sathre-Bergquist, Inc. Sheet UP1 of UP1, Preliminary Utility Plan dated 12/06/07 by Sathre-Bergquist, Inc. Sheet 1 of 3, Final Tree Survey dated 11/29/07 by Sathre-Bergquist, Inc. Sheet 2 of 3, Final Tree Survey dated 11/29/07by Sathre-Bergquist, Inc. Sheet 3 of 3, Final Tree Survey dated 11/29/07, by Sathre-Bergquist, Inc. Sheet P1 of P2, Planting Schedule dated 1/16/08 by Norby&Associates Landscape Architects, Inc. Sheet P2 of P2, Planting Schedule dated 1/16/08 by Norby&Associates Landscape Architects, Inc. Sheet Aerial, Aerial Map dated 12/06/07 by Sathre-Bergquist, Inc Sheet 1 of 1, Wetland Mitigation Plan dated 04/17/08 by Sathre-Bergquist, Inc. Sheet 1 of 1, Typical Drainage Along Retaining Walls dated 04/04/08 by Sathre-Bergquist, Inc. Sheet 1 of 1, Cross Section A-A dated 04/07/08 by Sathre-Bergquist, Inc. Wetland Buffer Averaging dated 05/08/08 by Sathre-Bergquist, Inc. Pages 1-21—Color Product Type/Project Information Booklet and Renderings. EXHIBIT C DEVELOPMENT AGREEMENT—THE ENCLAVE AT OLD SHADY OAK ROAD I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: A. Florence Helen Lonnquist,Jeffrey John Simonsen,James Robert Pavelka and Steven Michael Pavelka (as to Parcel 1 in the title commitment); Scott V. Kevitt (as to Parcel 2 in the title commitment). With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT—THE ENCLAVE AT OLD SHADY OAK ROAD CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of ,2008 by and between , a Minnesota Company, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the "Easement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building,road, sign,billboard,utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement,and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may,no more than once per calendar year,remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used,employed,deposited, stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of,placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 7. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED _ By NOT TO BE SIGNED Phil Young Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,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 a Minnesota , on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A "THE PROPERTY" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT B "EASEMENT AREA" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT C "EASEMENT AREA" DIAGRAM EXHIBIT E DEVELOPMENT AGREEMENT—THE ENCLAVE AT OLD SHADY OAK ROAD AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2008,between the City of Eden Prairie, a municipal corporation, (the "City")and a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $110,489.00 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of$110,489.00 until such time as the assessments referred to above are levied. OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Phil Young Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008, by Phil Young, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008, by the , a Minnesota , on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT F DEVELOPMENT AGREEMENT—THE ENCLAVE AT OLD SHADY OAK ROAD CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of ,2008 by and between , a Minnesota Company, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon,over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the "Easement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. D. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. E. No building,road, sign,billboard,utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement,and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may,no more than once per calendar year,remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used,employed,deposited, stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants,and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of,placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 8. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 9. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Phil Young Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,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 a Minnesota , on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A "THE PROPERTY" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT B "EASEMENT AREA" Legal Description Before Final Plat Legal Description After Final Plat EXHIBIT C "EASEMENTAREA"DIAGRAM OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN FLORENCE HELEN LONNQUIST,JEFFREY JOHN SIMONSEN, JAMES ROBERT PAVELKA AND STEVEN MICHAEL PAVELKA (AS TO PARCEL 1 IN THE TITLE COMMITMENT); SCOTT V. KEVITT (AS TO PARCEL 2 IN THE TITLE COMMITMENT). AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of July 15, 2008, by and between Florence Helen Lonnquist, Jeffrey John Simonsen, James Robert Pavelka and Steven Michael Pavelka (as to Parcel 1 in the title commitment); Scott V. Kevitt (as to Parcel 2 in the title commitment). (collectively referred to herein as "Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural and R1.13.5 to R1-9.5 Zoning District,and Resolution No. for Preliminary Plat,as more fully described in that certain Development Agreement entered into as of July 15, 2008, by and between Pernsteiner & Associates, LLC, a Minnesota Limited Liability Company and City ("Development Agreement") pertaining to that certain Property described on Exhibit A hereto,Owner agrees with City as follows: 1. If Pernsteiner&Associates, LLC, a Minnesota Limited Liability, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural and R1.13.5 to R1-9.5 Zoning District and Resolution No. for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By (NOT TO BE SIGNED) By (NOT TO BE SIGNED) Phil Young Its Mayor By (NOT TO BE SIGNED) By (NOT TO BE SIGNED) Scott H.Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 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 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2008,by Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat Parcel 1: That part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota described as follows: Beginning at the Northwest corner of said Northeast Quarter of the Northeast Quarter,thence South to the Southwest corner thereof,thence East a distance of 456.08 feet along the South line thereof, then North a distance of 50 feet parallel with the West line thereof, thence East parallel with the South line thereof to the center line of Shady Oak Road, thence South along said centerline to the South line of said Northeast Quarter of the Northeast Quarter,thence East along said South line to a point 425.75 feet West from the southeast corner of said Northeast Quarter of the Northeast Quarter, thence West along said North line to the East line of the West 406.5 feet of said Northeast Quarter of the Northeast Quarter,thence North along said East line to the North line thereof,thence West to the point of beginning. Except there from the following described tract: Commencing at the Southeast corner of the Northeast Quarter of the Northeast Quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota; thence West along the South line of the Northeast Quarter of the Northeast Quarter of said section on an assumed bearing of South 88 degrees 35 minutes 02 seconds West a distance of 425.75 feet to the point of beginning; thence South 88 degrees 35 minutes 02 seconds West a distance of 146.92 feet to the centerline of existing Old Shady Road; thence North 00 degrees 41 minutes 15 seconds West a distance of 50.00 feet; thence South 88 degrees 35 minutes 02 seconds West a distance of 10.27 feet thence northeasterly a distance of 180.27 feet along a non-tangential curve concave to the Southeast having a central angle of 41 degrees 51 minutes 04 seconds, a radius of 246.80 feet and a chord bearing of North 45 degrees 29 minutes 45 seconds East;thence North 66 degrees 25 minutes 17 seconds East a distance of 24.23 feet; thence South 03 degrees 07 minutes 46 seconds East a distance of 179.65 feet,to the point of beginning, Parcel 2: Lots 1, 2, 3, 4 and Outlot A, Loosen Addition, Hennepin County, Minnesota Legal Description After Final Plat Lots 1-28, Block 1; Lots 1-2, Block 2; Lots 1-3,Block 3; Lots 1-6, Block 4; Lots 1-5,Block 5 and Outlots A, B, C, D, and E, The Enclave at Old Shady Oak Road Addition, Hennepin County, Minnesota CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Jay Lotthammer, Director, Outdoor Center Observatory—Design and Parks and Recreation Construction Management Agreement Requested Action Move to: Award contract to Buetow and Associates Inc. for the preparation of architectural designs and construction administration in the amount of$27,900. Synopsis A structurally sound building with a retractable roof is necessary to house a previously donated telescope. Buetow and Associates would create the plans and specifications necessary for bidding the project along with performing the construction management portion of the building process. Background The estimated cost of the building is $113,500 - $127,500. At this time, staff has received funding commitments of$85,000. In order to arrive at a known cost, the building needs to be designed and bid. Once the bids are received, staff proposes bringing the final funding proposal along with the construction contract to the City Council for consideration. Attachment Buetow and Associates Proposal BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY giumna 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 July 2, 2008 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344-4485 Attn: Jay Lotthammer,Director of Parks and Recreation Re: Architectural Services Proposal for the Staring Lake Observatory BA#0726 Dear Jay: 1 Thank-you for this opportunity to continue to work with you and your staff. The following is a summary for providing construction drawings and bidding as you requested for Concept 3. We understand the construction cost to be as amended ($113,500 - $127,500). Schematic/Design Development Phase - Architectural and Electrical design of major systems. - Progress meeting with Parks and staff members. - Coordinate design with site design. Construction Document Phase - Architectural Construction Documents. - Electrical Engineering and Structural Construction Documents. - Progress Meeting with staff members. - Statement of Probable Construction Costs. Bidding Phase -Let bids to general contractors. - Answer bidding questions. - Assist Owner in receiving and reviewing bids. - Clarify bids. - Recommend award of contract. Et.'. tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com The proposed fee for providing the above services would be a lump sum fee of$22,000.00 up to a construction cost of$127,500 plus 8.5% above that amount. Our fees do not include the design of the following: 1. Approvals necessary to obtain a building permit including stoirn water management. 2. Moving and assembly of the telescope, including mounting and start-up. 3. Bituminous path to observatory. 4. Erosion control and shoreline stabilization. 5. Tree removal. 6. Demolition of existing boat house. 7. Additional decking attached to viewing platform. 8. Furniture. 9. Landscaping and sitework. 10. AV and security,telecommunications equipment. Reimbursables are in addition to the fees and would be billed at cost. Reimbursables include mileage, long distance telephone calls, duplication, printing, computer plotting, facsimiles, postage and delivery services if required in accordance with Exhibit A. If you choose to add the Construction Administration Phase,it would include the following: Construction Administration Phase - Assist in preparation of contracts with awarded bidder. - Review shop drawings. - Prepare color schedule. - Prepare change order requests. - Review monthly pay applications. - Site observation during construction (3 trips per month). We anticipate 2-3 months of construction. - Prepare Final Punch List. The proposed fee for the above would be a lump sum fee of$5,900.00. We are prepared to immediately start the work. Please call if you have any questions. If this proposal is acceptable,please sign both copies and return one to us. Sincerely, BUETOW & ASSO FATES,INC. City of Eden Prairie Thomas W. Dunwell,AIA By: President Title: Modris M.Feders,AIA Date: Vice President Enc. Exhibit A BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Suite 210 St. Paul, Minnesota 55113 Exhibit A Buetow and Associates' Reimbursable Expenses incurred on behalf of a project are as follows: Computer Plots : $20.00 per sheet Facsimile Transmissions : $2.00 per sheet Messenger Service : at cost Mileage . : 50.5¢ Photo copying : $.15 per 8 1/2 x 11 sheet Postage : at cost Printing of Bid Documents : at cost Reproduction of Drawings : $3.00 per sheet tel 651 483-6701 fax 651 483-2574 www.buetowarchitects.com CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. 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 for the reconstruction of Flying Cloud Drive. The resolution indicates the maximum amount of bonds expected to be issued for the project is $2.3 million. The Council can issue any amount of bonds less than this amount. The bonds will be paid through special assessments. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City 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 certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project or projects 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 or projects in the maximum principal amounts shown below: Project Maximum Amount of Bonds Expected to be Issued for Project Reconstruction Flying Cloud Drive $2,300,000 -1- (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(0(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 projects 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 projects, 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 projects. 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 this 15th day of July, 2008. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk -2- CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Sue Kotchevar, Office of the Adopt Updated Purchasing Procedures City Manager/Finance Effective August 1, 2008 Requested Action Move to: Adopt Updated Purchasing Procedures Effective August 1, 2008. Synopsis During the legislative session, changes were made to the uniform municipal contracting law and Minn. Stat. 471.345. The new law increases the contract threshold amount that triggers competitive bidding from $50,000 to $100,000. Also, if a contract is between$25,000 and $100,000, the new law specifies that competitive bidding is allowed but not required. The updated purchasing policy reflects the changes in the statute. Attachments • Purchasing Procedures City of Eden Prairie Purchasing Procedures Effective August 1, 2008 These purchasing procedures are intended to provide a consistent manner of purchasing goods and services Citywide. Employees should secure the best balance between quantity, quality, and price when purchasing for the City. General Purchasing Procedures • Purchasing is the responsibility of the Department Directors. • Finance processes payments once a week and invoices are paid by due date. Using the City wide accounts payable document imaging system, all steps of the invoice approval process including the final procedure of "process for payment" must be completed by noon on Thursday to ensure payment by Friday if the invoice is due. • Payments will be made only from invoices, request for check form, conference & training request form, or mileage reimbursement form. Invoices should be sent directly from the vendor to accounts payable to be scanned into the accounts payable document imaging system. • Persons authorizing payments are responsible for verifying that goods and services have been received, that they are necessary, and that no duplicate payments are made. • Persons authorizing payments are responsible for coding invoices and ensuring that correct account codes are used. If there are questions regarding coding, contact Finance. • All contracts to which the City is a party shall be signed by the mayor and the manager on behalf of the City and shall be executed in the name of the City. Unless preauthorized by the City Council, purchases and contracts over $20,000 must be preapproved by the City Council. • Generally accepted accounting principles will be followed. For the end of each year invoices that are received early the next year which are for goods or services received the previous year will usually be charged against the previous year. The year an invoice will be charged is based on the financial statement/audit cut-off date and the materiality of the item. If you have any questions about this,please contact a member of the finance team. • Employees will not make any purchases for personal use through the City. • Purchases required by emergencies that impair the City's ability to deliver services are outside the scope of this policy and are handled as appropriate in the circumstances. • The City has a purchasing card program available for employees who frequently purchase items for the City. A separate Purchasing Card Program manual and process is available. Supplies, Materials, Equipment or Equipment Rental, and Construction, Alteration, or Repair & Maintenance of Property This section pertains to the purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. For professional services including but not limited to audit services, legal services, and engineering services, see the Professional Services section of this document. Depending on the amount of the purchase, the following procedures will be followed: Less than $50.00 Petty cash or a purchasing card should be used. Employees may request a cash advance. Return the sales slip with account codes, authorizing signature, and reason for the purchase to Finance. $25,000 or less At least two quotes should be obtained to ensure the best price. Quotes must be kept on file for at least a year from the date of purchase. $25,001 to $100,000 At least two quotes must be obtained or the sealed bid process must be followed. If quotes are obtained, they must be kept on file for at least a year from the date of purchase. If sealed bids are used, see Greater than $100,000 below. Greater than $100,000 Sealed bids are required. Obtain authorization from the City Council to prepare plans and specifications. The City Attorney must review the plans and specifications including the contract prior to advertisement for bids. Advertisement for bids must be published in the City's Official Newspaper at least ten days before the last date for submission of bids. The published notice must contain the following: • A description of the project or the purchase • The availability of specifications including the location, for example, Office of the City Clerk, etc. • The last day for submission of bids and the place where they are due • The time and place for opening bids • A statement reserving the right of the City to reject all bids The bids must be opened and tabulated at the time and place specified in the newspaper. Preferably this should be completed about 10 working days in advance of the City Council meeting to allow for a thorough review and retabulation of the bids and to allow for reference checks as appropriate. A recommendation can then be made to the City Council and the City Council will award or deny the contract. Other Requirements • A City cannot avoid bidding requirements by splitting a contract into several contracts, each of which is below the minimum amount requiring bids. • Specifications may not be written so as to exclude all but one type or kind of supplies or equipment. • The City may not accept a bid that includes a number of items when the advertisement called for separate bids for each item. • Cities must re-bid when they make a material change in the specifications of the contract, even if the change would not affect the rank order of the bids received. • City contracts must go to the lowest responsible bidder. The bidder who submits the lowest bid in dollars is not necessarily the "lowest responsible bidder". Responsibility in bids means financial responsibility, but also integrity, skill, and the likelihood of the bidder doing faithful and satisfactory work. If the contract is not awarded to the lowest responsible bidder, the specifications must contain a list of items under which bidders will be evaluated in order to be able to award a bid to someone other than the low dollar bidder. • Minnesota Statutes Chapter 429 (local improvement code) apply for all public improvement contracts (i.e., sewer, water and streets)being financed with special assessments. Cooperative Purchasing Procedures Employees do not need to obtain bids if a purchase is through a national municipal association purchasing alliance or a cooperative created by a joint powers agreement (of which the City is a member) that purchases items from more than one source on the basis of competitive bids or quotations that complies with State Statute. For example, the State provides a list(s) of competitively bid items. Other For contracts over$75,000 that include labor(ex. road construction and the purchase and installation of playground equipment) a performance and payment bond in an amount not less than the contract price is required from the vendor. Professional Services State Statue does not require advertisement of bids or sealed bids for professional services such as those of engineers, lawyers, architects, accountants, and other services requiring technical, scientific, or professional training. It is recommended that proposals be obtained through a request for proposal (RFP) process when such a process would provide the City with increased quality or a decreased price. Recommended sections to include in a RFP: • Specifications of the professional services desired • Contract terms. Include and reference as an attachment Professional Services Agreement • The last day for submission of proposals and the place where they are due • Include requirement for attendance at a pre-proposal meeting to answer vendor questions regarding the RFP. This provides fairness to all participants when questions are answered with all participants present. Request that questions be submitted in advance. • Proposal evaluation and selection criteria • Format required for submitted proposals to provide for consistent submittals • Profile questionnaire to obtain general information about the vendor • A statement reserving the right of the City to reject all proposals The City attorney must review the RFP before it is sent to selected vendors. RFP's should be sent to a reasonable/manageable number of vendors. After the submittal deadline, review RFP's by using a rating sheet and rate each RFP based on the specifications and general information. Follow up with reference checks as appropriate. Select a vendor and make recommendation to the City Council. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Marc Thielman, 2008 Exterior Building Envelope OCM/Facilities Mainenance Requested Action Move to: Award the contract for 2008 Building Envelope Maintenance to Restoration System Inc. of Chaska MN for the total of$146,490.00. Synopsis Advanced Masonry Restoration $472,303.00 Restoration Systems Inc. $146,490.00 Background Information The City of Eden Prairie requested our consultant, Environmental Process Inc. (EPI), to produce specifications for the required work above to all of our city facilities. EPI visited all of our facilities to examine the Envelope Maintenance that is needed in 2008. The Facilities Division along with EPI put together the specifications for each facility and then advertised for bids in the EP News. Attachments Letter of recommendation from EPI Environmental Process, Inc. 715 Florida Avenue South,Suite 111,Golden Valley,MN 55426-1700 Phone: 763-398-3040•Fax: 763-398-0121 •email: epimpls@rconnect.com•www.go-epi.com July 7, 2008 Mr. Paul Sticha Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485 Re: City of Eden Prairie 2008 Exterior Building Envelope Maintenance EPI No.: 2008-955 Dear Mr. Sticha: Environmental Process, Inc. (EPI) reviewed the City of Eden Prairie - 2008 Exterior Building Envelope Maintenance project work scope with Mr. Bob Yaritz of Restoration Systems, Inc. and there were no questions. Bob Yaritz indicated that they will be ready to start work in July as in the tentative schedule or as soon as possible. The work schedule will be discussed in the preconstruction meeting. Restoration Systems, Inc. will complete most of the work themselves with the exception of the concrete sidewalks and patios work will be subcontracted. Restoration Systems, Inc. is based in Chaska, Minnesota. EPI has worked with Restoration Systems, Inc. in the past. Restoration Systems, Inc. successfully completed the City of Eden Prairie — 2005 Exterior Building Envelope Maintenance project. Based on the review of project work scope with Restoration Systems, Inc. and the fact that they are the low bidder we recommend awarding the project to them. EPI recommends that the base bid cost of $125,200.00 for the 2008 Exterior Building Envelope Maintenance project be accepted from Restoration Systems, Inc. In addition, EPI recommends the following Alternate Bids be accepted: • Alternate G1 (City Center Window Lintel Painting) bid cost of$8,400.00; • Alternate G2 (Staring Lake Shelter Concrete Patio Replacement) bid cost of 9,100.00; • Alternate G3 (Outdoor Center Deck Water Repellent) bid cost of$990.00; and • Alternate G4 (Senior Center Sidewalk from East to West Parking Lots)bid cost of $2,800.00. EPI recommends the base bid and alternates G1, G2, G3, and G4 for a total cost of $146,490.00 be accepted from Restoration Systems, Inc. City of Eden Prairie—2008 Exterior Building Envelope Maintenance July 7, 2008 Page 2 Please call (763) 398-3040 with any questions, comments. Sincerely, ENVIRONMENTAL PROCESS, INC. ►p Denny Langer, PE Project Manager CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Police Department Resolution Declaring "Abandoned Property" Lieutenant James Morrow Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution - Declaration of Abandoned Property. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on July 15, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk POLICE Exhibit A EDEN aIRiE Abandoned Property for Auction Category Case Number Description Bicycle (B) 2008005057 Haro Nyquist Boys BMX Bicycle, Black Bicycle (B) 2008005324 Magna Glacier Point, Red, Mens 26" Bicycle Bicycle (B) 2008007454 Raleigh Rowdy Boys Bicycle, Grey/Blk/Whi Bicycle (B) 2008011309 Mongoose XR 250 Aluminum Mens Bicycle, Blk/Whi/Gry/Orange/Silv w/lock #of Items 4 Camcorder(R) 2005011278 Panasonic Mini-DV Camcorder, Pg 4#10 #of Items 1 Ring (J) 1991004422 (1) Female Ring, Gold w/(3) Rows of Clear Stones- 14k Earrings (J) 1994001894 (1) Pair of Diamond Earrings Ring (J) 1994001894 (1) Female Yellow Band w/leaves w/clear stones- missing center stone Ring (J) 1994001894 Misc-Tie Clasp, (3) earrings, (1) pin, (1)silver ring w/Red Stone in Ctr &Clear stones Ring (J) 1994001894 (1) Mens Gold/Silver Ring w/Large Center Diamond Watch (J) 1994001894 (1) Gold Illinois Pocket Watch Watch (J) 1994001894 (1) Gucci Quartz Black Face/Gold Trim Watch w/Black Band Watch (J) 1994001894 (1)Wittnauer Quartz Watch w/Burgandy Band & Gold Face &Trim Watch (J) 1994001894 (1) Omron Escrom Quartz Watch - Brown Band, Gold Trim Watch (J) 1994001894 (1) Baume& Mercier Geneve Quartz Watch w/Black Band Ring (J) 1995013743 #1 - Gold/Copper Twisted Female Ring Ring (J) 1995013743 #2 - 18KP Mens Wedding Bank w/9 diamond stones Ring (J) 1995013743 #3 - 10K Gold Ring w/Garnet Type Stone & Diamond-Type stone on either side Ring (J) 1995014719 10K Gold Womens Ring, Black Hills Gold (Grapes & Leaves) (Item#3) Ring (J) 1995014719 10K Gold Mens Ring, Black Hills Gold (Grapes & Leaves) (Item#4) Ring (J) 1995014719 10K Gold Mens Ring, Black Hills Gold (Grapes & Leaves) (Item#5) Watch (J) 1995014719 LeMann Quartz Black Hills Gold Mens Watch (Grapes & Leaves) (Item #2) Bracelet (J) 1998029395 Monet Gold Tone Bracelet, Womens Watch (J) 1998029395 Etienne Aigner Gold Tone Watch, Black Leather Band Ring (J) 1999001768 #5b-1 - (1) Mens Rings w/Diamonds & Emerald Ring (J) 1999001768 #5b-2 - (1) Mens Rings w/Diamonds Watch (J) 2000022190 Gold Benrus Female Watch w/Black Face Bracelet (J) 2000023305 (1) 14k Gold Diamond Tennis Bracelet Pin 2001000052 (1) Gold Pin w/Branch/Leaf& Fruit w/Chocolate Stones Earrings (J) 2001000052 (1) Pair of Silver w/Red Stone in Center Earrings & (1) Matching Pin Earrings (J) 2001000719 (1) Pair Silver Colored Earrings Earrings (J) 2001000719 (1) Gold Diamond Stud Earring Watch (J) 2001001714 Item#2b -Amitron Quartz Mens Watch - Black Face & Band Trimmed in Yellow Watch (J) 2001001714 Item#2c - Citizen Quartz Watch w/Brown Leather Band Watch (J) 2001001714 Item#2d -Silver/Yellow Mens Watch, Gold Face w/Ducks Report Date: 6/27/2008 1 POLICE Exhibit A EDEN PRAIRIE Abandoned Property for Auction Category Case Number Description Watch (J) 2001001714 Item#2e - Rolex Brand Watch, Silver/Yellow Band w/Yellow Trim on Face Watch (J) 2001001714 Item#2f - Seiko Quartz Mens Watch, Gold w/Black Face Ring (J) 2001001714 Item#2g - Mens Gold Ring w/14 Diamonds Ring (J) 2001001714 Item#2h - 10K Gold Mens Ring w/Large Blue Square Stone in Center& (2) Small Diamond Chip Pendant (J) 2001001714 Item#2i - Gold Necklace Pendant- Noah's Ark Type Ring (J) 2001001714 Item#2j - Gold Heart Ring w/Person & Red Stone Necklace (J) 2001001714 Item#21 - Gold Necklace Ring (J) 2001001714 Item#2k- Sterling Silver Womens Ring w/(1) Center Stone & (3) Stones Around it- Missing Necklace (J) 2001001714 Item#2m - Gold Necklace w/Cross-Type Pendant Necklace (J) 2001001714 Item#2n - Gold Necklace Watch (J) 2001001714 Item#2a - Rolex Brand Mens Yellow Watch Necklace (J) 2001001945 (1) Male Yellow Necklace w/Cross-Type Pendant w/Clear stones & (1) Earring w/Lrg Clear St Watch (J) 2001010112 Silver Quartz Watch in Box, Page 1, Item#5 Watch (J) 2001014479 (1) Mens Armitron Watch, Silver/ Metal band, Blue Dial/Face Pendant (J) 2001025394 Yellow Heart w/Cupid Pendant ONLY Watch (J) 2001033047 (1) Fossil Ladies Watch, Silver Band w/Pink Face Watch (J) 2001033047 (1) Mens Timex Reef Gear Watch, Black Band w/White Face Watch (J) 2001033047 (1) Ladies Watch, Silver Band w/Blue Face Watch (J) 2001033047 (1) Ladies Precision by Gruen Watch, Silver w/Clear Stones around Face Watch (J) 2001033047 (1)Victorinox Watch, Black Bracelet (J) 2001033047 (1) Ladies 14k Gold Bracelet Bracelet (J) 2001033047 (1) Mens Gold Link- 14k Bracelet Necklace (J) 2001033047 (1) Mens 14k Gold Necklace Watch (J) 2001033047 (1) Ironman Watch, Black w/Orange Watch (J) 2001033047 (1) Swiss Army Watch w/Black Band & Face & Silver Dial Watch (J) 2001033047 (1) Swiss Army Watch, Brown Leather Band w/Chrome Trim &White Face Watch (J) 2001033047 (1) Swatch Watch, Silver Band w/Black Trim & Green Face Bracelet (J) 2001041357 (2) Silver Bracelets Earrings (J) 2001041357 (1) Pair of Silver Earrings Necklace (J) 2001041357 (1) Silver Necklace Bracelet (J) 2003042276 (8) Silver Bracelets Earrings (J) 2003042276 (6)Pair of Gold Earrings Watch (J) 2004001511 Pg 1C- Milan Pocket Watch Ring (J) 2004027186 (1) Female Wedding Ring Set - 1 Round Center Diamond w/2 Marquis Diamonds &2 Baguettes D Ring (J) 2004029549 (1) 14k Wedding Band Set-1 Brilliant Diamond in Center w/2 larger diamonds-both on right s Ring (J) 2004051978 (1) 14K Gold Womens Ring w/(9) Round Diamonds in a Tier Design Watch (J) 2005002422 #6A- Fondini Mens Watch from Backpack Report Date: 6/27/2008 2 POLICE Exhibit A EDEN alRlE Abandoned Property for Auction Category Case Number Description Ring (J) 2005018903 Tuft University Class Ring - "ES" &"85" Necklace (J) 2005019572 #31a- (2) Gold Necklaces in Black Folding Case Ring (J) 2005039857 Gold Wedding Band, Mens Ring (J) 2005047504 Pg 2 - Mens 14K Gold Ring - w/(1) Larger Diamond in Center& (4) Smaller in each corner Cuff Links 2007024969 Pg 01 -#03- Pair of Yellow Cuff Links Ring (J) 2008099999 (1) Small Silver Ring #of Items 73 Purse (P) 2005011709 White Louis Vuitton Purse Briefcase (P) 2005029314 #2 - Brown Leather Brief Case #of Items 2 Currency- Cash/Coin 1994001894 (1) Silver Coin - Centennial Evacuation New York (T) #of Items 1 Trimmer 2006016930 Fiskars Power Lever Trimmer #of Items 1 Paper/Receipts/Misc(Y) 2005029314 #7A- Brown Brief Case from Laundry Basket #of Items 1 83 Report Date: 6/27/2008 3 poircE Exhibit B ^EDEN .� Abandoned Property for Conversion for City Use PRAIREE MINNESOTA Category Case Number Description Conversion Purpose Bicycle (B) 2007045505 Mongoose Butterfly Summer, Bright EPPD Use Blue & Pink, Small Girls Bike, White Tires Bicycle (B) 2007052470 Roadmaster Mt Fury Girls Mtn Bike, EPPD Use Purple #of Items 2 Liquor(E) 2006014274 #01 - (1) Empty Bottle EPPD Police Training #of Items 1 Cellular Phone (0) 2007024969 Pg 01 -#05- Palm Treo 200P Cell EPPD Use Phone #of Items 1 Video Camera (R) 2007033372 #01 -Aiptek Video Camera, Model SWHDTF DZO-V3T #of Items 1 Currency- Cash/Coin (T) 2005047504 Pg 2 -6 Cents City of Eden Prairie Currency- Cash/Coin (T) 2007018345 Pg 01 -#001 - (3)$50 Bills City of Eden Prairie Currency- Cash/Coin (T) 2007018345 Pg 01 -#002 - (3)$20 Bills & (2)$100 City of Eden Prairie Bills Currency- Cash/Coin (T) 2007018345 Pg 02-#001 a - STC: $400 (20 $20 City of Eden Prairie Bills) Currency- Cash/Coin (T) 2007024969 Pg 01 -#01 - Cash/Change-$18.20 City of Eden Prairie Currency- Cash/Coin (T) 2007034454 Pg 01 -#09b- $100 Bill Currency- Cash/Coin (T) 2007034454 Pg 01 -#14 -$1,900 in Cash #of Items 7 Tools-Other (X) 2004002428 Item#20 -Various Tools City of Eden Prairie Flashlight (X) 2004002428 Item#22 - (1) Flashlight EPPD Use Tools-Other (X) 2007024969 Pg 01 -#04-Wire Cutter, Blue Handle City of Eden Prairie Scale- Electronic(X) 2008004215 Pg 02-#05- (3) Digital Scales SWHDTF #of Items 4 16 Report Date: 6/27/2008 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Community Development Approve Rehabilitation of Edendale Janet Jeremiah, Director Residence site with Community Molly Koivumaki, Housing and Development Block Grant Funds Human Services Manager Requested Action Move to: Approve agreement for use of up to $40,000 in CDBG funds to rehabilitate the Edendale Residence located at 16700 Main Street. Synopsis Edendale Residence serves a very important role in our community by providing affordable housing to low income senior citizens. The owners of this site have undertaken major structural renovations which will keep the property viable well into the future. The 2008 CDBG grant funds will be used to replace sidewalks, curbs, and ramps in order to prevent falls and improve safety conditions for Edendale residents. The estimated cost of this project is $36,275 The approximate current balance of CDBG rehab funds from which this will be allocated is $170,972.55. This will be structured as a grant and not a loan like other rehab activities Background Information Edendale Residence was built in 1983 and is a project-based Section 8 property. It was 60 units, including 5 handicap units. Residents must be at least 62 years of age and meet certain income guidelines. Attachment Use of Funds Agreement CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2008, by and between Edendale Residence, Inc., a Minnesota non-profit corporation having its principal office at 16700 Main Street, Eden Prairie, Minnesota 55346 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, the City has provided Recipient with a grant of Forty Thousand and no/100 ($40,000) dollars, the receipt and sufficiency of which is hereby acknowledged by Recipient, for rehabilitation work on existing residential housing located at 16700 Main Street, Eden Prairie, Minnesota and legally described on Exhibit A attached (the "Real Property"). The Real Property is owned and operated by Recipient. The grant funds (hereinafter referred to as "the Grant") will be used primarily to pay for the cost of performing concrete repair work and replacing and installing light poles and fixtures; and WHEREAS, in accordance with the provisions of said Minnesota Statutes, Recipient and the City desire to set forth herein the provisions for providing the Grant to Recipient. NOW, THEREFORE, in consideration of said Grant and in accordance with Minnesota Statutes,the parties hereto do hereby agree as follows: 1. Recipient covenants and agrees with the City to pay to the order of the City the principal sum of the Grant, plus interest as described in Paragraph 2 below, at the office of the City, or at such other place as the City may designate in writing delivered or mailed to the Recipient, upon the occurrence of any of the following events: 1.1. If the Real Property is sold, transferred, or otherwise conveyed(whether by deed, contract for deed, or otherwise); and whether voluntary or involuntary, within five (5) years from the date of this Agreement; or 1.2. If the Real Property ceases for any reason to be used as a HUD Section 8 project-based apartment building within five (5) years after the date of this Agreement, excepting the discontinuance of the Section 8 project based program by HUD unless replaced by a similar HUD program; or 1.3. If Recipient ceases operations for any reason within five (5) years after the date of this Agreement; Repayment of the Grant as required under the terms of this Paragraph 1 shall be made to the City not later than the date of closing of the sale, transfer or other conveyance referred to in Paragraph 1.1, above, the date upon which the real estate ceases to be used by Recipient's as provided in Paragraph 1.2 thereof, the date upon which Recipient ceases operations as provided in Paragraph 1.3 thereof whichever is earlier. 2. In the event repayment of the Grant is required, Recipient agrees to pay interest in addition to the principal sum of the Grant. Simple interest at the rate of five percent (5%) per annum shall be charged from the time the grant is first funded. 3. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 3.1. The Real Property is owned by the Recipient as of the date of the Grant, and the Recipient has no present intention to rent the said property, or to sell, assign, or transfer the interest of the Recipient in said Real Property to another; and 3.2. The proceeds of the Grant will be used only for the repair and installation of concrete work in the exterior portions of the Real Property, and the removal and replacement of light poles and fixtures in the exterior portion of the Real Property, all in accordance with the Plans and Specifications dated prepared by Outland Builders; and 3.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant; and 3.4. Recipient further specifically covenants and agrees with the City that Recipient's breach of the provisions of this Paragraph 3 constitutes an event requiring repayment of the Grant in the manner provided in Paragraph 1 and an event of default permitting foreclosure of the Lien in the manner provided in Paragraph 6. 4. As security for the Recipient's covenant and obligation for repayment as herein provided, and 2 subject to the terms and conditions of this Agreement, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy such repayment obligation and the cost, including reasonable attorney fees of collecting the same. 5. Recipient shall give written notice to the City thirty (30) days prior to the date of the closing of any sale, transfer, or other conveyance of the Real Property or the date upon which said property ceases to be used by Recipient as a HUD Section 8 project-based apartment building, or the date on which Recipient ceases to operate. 6. In the event Recipient shall in any way be in default under the terms and conditions of this Agreement, the Recipient confers upon the City the option of declaring all sums then owing by the Recipient immediately due and payable without notice and confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment and to foreclose this Lien by judicial proceedings or to sell the liened premises at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs, charges and fees the Recipient herein agrees to pay. 7. The Recipient and the City further covenant and agree as follows: 7.1. Recipient shall be furnished a conformed copy of this Agreement at the time of execution or after recordation. 7.2. Upon default of any covenant or agreement by Recipient under the terms of this Agreement, City prior to foreclosure shall mail notice to Recipient as provided herein specifying: 7.2.1. the nature of the default by the Recipient, 7.2.2. the action required to cure such default, 7.2.3. a date, if such default is capable of being cured by Recipient, not less then thirty (30) days from the date the notice is mailed to Recipient by which such default, if capable of being cured, must be cured; and 7.2.4. that failure to cure such default on or before the date specified in the notice may result in acceleration of the sum secured by this Lien and sale of the liendpremises. 7.3. The notice shall further inform Recipient of the right, if any, to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of the Recipient to acceleration and sale. 7.4. In addition to any notice required under applicable law to be given in another manner: 3 7.4.1. any notice of the Recipient provided for this Agreement shall be given by mailing such notice by certified mail addressed to the Recipient at the address of the liened premises, or at such other address as the Recipient may designate by notice in writing to the City as provided herein; and 7.4.2. any notice to the City shall be given by certified mail, return receipt requested, to the City at the address of the City on page one (1) of this Agreement, or to such other address as City may designate by notice in writing to the Recipient as provided herein. Any notice provided for in this Agreement shall be deemed to have been given to the Recipient or the City when given in the manner designated herein. 9. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of the Recipient shall be joint and several. 10. In the event that any provision or clause of this Agreement shall conflict with applicable law, such conflict shall not affect the other provisions of this Agreement which can be given effect without the conflicting provisions, and to this end the provisions of the Agreement are declared to be severable. EDENDALE RESIDENCE,INC. CITY OF EDEN PRAIRIE By Its Phil Young Mayor By Its Scott H.Neal City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 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 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by and , respectively the and the of Edendale Residence, Inc., a Minnesota non-profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson,Rosow, Johnson&Nilan,Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 (612) 338-0755 6 Exhibit A That part of the Southwest Quarter of the Southeast Quarter, Section 8, Township 116, Range 22 lying West of the center line of County Road Number 4,North of the South One-Fourth of said South-west Quarter of the Southeast Quarter and South of a line drawn from a point on the West line of said Southwest Quarter of the Southeast Quarter distant 826.31 feet North from the Southwest corner thereof to a point on the East line of said Southwest Quarter of the Southeast Quarter distant 813.12 feet North from the Southeast corner thereof which lies Westerly of a line drawn Southerly at right angles to the North line of the above described property at a point thereon distant 465.80 feet East from the West line of said Southwest Quarter of the Southeast Quarter to the center line of State Highway number 5 and there terminating, according to the Government Survey thereof, except that part of the East 277.00 feet thereof lying south of the North 182.00 feet of the above described property. 7 CONSENT TO CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT That the undersigned, owner of that certain mortgage dated September 1, 2006, filed in the Office of the Registrar of Titles, in and for the County of Hennepin, State of Minnesota, on the 25th day of September, 2006, and recorded as Document No. 4308683 covering the land described on the attached Exhibit A and other land, for valuable consideration, does hereby consent to CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT by and between the City of Eden Prairie and Edendale Residence, Inc. Capmark Finance, Inc. a California corporation By Its STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008, by and respectively the and the of Capmark Finance, Inc., a California corporation, on behalf of said corporation. Notary Public 8 HUD Secondary Financing Rider THIS RIDER is attached to and made a part of the foregoing Grant Program Agreement (the "Agreement") between Edendale Residence, Inc. a non-profit corporation, referred to herein as the "Recipient" and the City of Eden Prairie, referred to herein as the "City." The terms and conditions of the Rider supersede the terms of the Agreement and should there be any conflict or inconsistency between this Rider and the Agreement, the terms and conditions of this Rider shall prevail. By acceptance of delivery and recordation of the Agreement, the City agrees to the following provisions. By execution of the Agreement, the Recipient agrees to the following provisions: 1. The Agreement is specifically subordinate to that certain note and mortgage (the "Senior Mortgage") given by Edendale Residence, Inc. in favor of Capmark Finance, Inc. as well as that certain unrecorded security agreement by and between the Mortgagor as debtor and Capmark Finance, Inc. as secured party and related UCC financing statements (collectively the "Senior Security Agreement") and that certain Regulatory Agreement, dated September 1, 2006, between the Mortgagor and the Secretary of Housing and Urban Development (herein, the "Secretary"), which Senior Mortgage is dated September 1, 2006, and recorded in the office of the Registrar of Titles, Document Number 4308683 in the real property records of Hennepin County, Minnesota; 2. If HUD approves the sale of the project pursuant to HUD guidelines for transfers of physical assets, the Junior Lender will agree to such transfer of the ownership of the project, provided that the transferee assume the obligations of the Agreement. 3. In the event the Secretary acquires title to the project by a deed-in-lieu of foreclosure, the lien of the Agreement will automatically terminate subject to the conditions hereinafter described. The City may cure a default under the Senior Mortgage and Senior Security Agreement prior to a conveyance by deed-in-lieu of foreclosure. The Secretary shall give written notice to the City of a proposed tender of title in the event (a) the Secretary decides to accept a deed-in-lieu of foreclosure or (b) the Secretary receives notice from the holder of the Senior Mortgage of its election to accept a deed-in-lieu of foreclosure. The Secretary will give such written notice if, at the time of the placing of the subordinate lien against the project, the Secretary receives a copy of an endorsement to the title policy of the Mortgagor or holder of the Senior Mortgage and Senior Security Agreement which indicates that (a) the Agreement has been recorded and (b) the Secretary is required to give notice of any proposed election to or tender of a deed-in- lieu of foreclosure. Such notice shall be given at the address stated herein or such other address as may subsequently, upon written notice to the Secretary, be designated by the City as its legal business address. The City shall have thirty (30) days to cure the default after the notice of intent to accept a deed-in-lieu of foreclosure is mailed. 4. Proceeds of the Grant may only be used in the manner provided in the Grant Agreement. 5. Payment Only From Surplus Cash: a. As long as the Secretary of Housing and Urban Development, or his/her successors or assigns, is the insurer or holder of the Senior Mortgage and Senior Security Agreement, 9 any payments due from project income under the Agreement, or any prepayments made, shall be payable only from surplus cash of the project, as that term is defined in the Regulatory Agreement, dated September 1, 2006, between the Secretary and the Mortgagor, and subject to the availability of such surplus cash in accordance with the provision of said Regulatory Agreement. The restriction on payment imposed by this paragraph shall not excuse any default caused by the failure of the Mortgagor to pay the indebtedness evidenced by the Agreement. The City, for itself and its successors and assigns, further covenants and agrees that in the event of the appointment of a receiver or of the appointment of the City as mortgagee-in-possession, in any action by the City, its successors or assigns, to foreclose the Junior Mortgage, no rents, revenue, or other income of the project collected by the receiver or by the mortgagee-in-possession shall be used for the payment of interest, principal, or any other charges due and payable under the Agreement, except from surplus cash available for distribution, if any, as the term is defined in the Regulatory Agreement; and further, the receiver or mortgagee-in- possession shall operate the project in accordance with all the provisions of the Senior Mortgage and the Regulatory Agreement. 6. Recipient has obtained prior written consent of the Secretary to the existence of the Agreement. 7. The Agreement and all rights thereunder may not be sold, transferred, assigned, or pledged by the City except with the prior written approval of HUD. 8. The City certifies that the Agreement represents a bona fide transaction and that it fully understands all of HUD's requirements for such secondary financing and that no prepayment of principal or interest shall be accepted without evidence that the Federal housing Commissioner has authorized such prepayment. If an unauthorized prepayment is accepted, the funds shall be held by the City in trust for the project. 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Rob Reynolds/Chief of Approve Joint Powers Agreement— Police/Police Republican National Convention 2008 Requested Action Move to: Approve Joint Powers Agreement to provide aid to the St. Paul Police Department for the 2008 Republican National Convention. Synopsis The City of Eden Prairie Police Department is seeking approval for the Joint Powers Agreement for the Republican National Convention of 2008 which will be located in St. Paul. The agreement will allow us to provide aide to the St. Paul Police Depaitnient and be reimbursed for the costs incurred. Attachments Joint Powers Agreement for Republican National Convention 2008 CITY OF SAINT PAUL, MINNESOTA ATTACHMENT A 2008 REPUBLICAN NATIONAL CONVENTION RNC Reimbursement Payment Form PROVIDER NAME: Salary LPO Employee Name Title Date of Location Category Regular Regular Overtime Overtime Total Wages Service Hours Hourly Rate Hours Rate • • • • • Total Reimbursement Request 0 I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 RNC. All information was obtained from payroll records,collective bargaining agreements, invoices or other documents that are available for audit. For Provider Page 1 of 2 Date Submitted CITY OF SAINT PAUL, MINNESOTA ATTACHMENT A 2008 REPUBLICAN NATIONAL CONVENTION RNC Reimbursement Payment Form PROVIDER NAME: Reimbursable Fringe Benefits Date of Medicare Pera Employee Name Title Service Location Category Total Wages Pension Total TOTAL 12.9% Total Reimbursement Request I I I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 RNC. All information was obtained from payroll records,collective bargaining agreements, invoices or other documents that are available for audit. For Provider Date Submitted CITY OF SAINT PAUL, MINNESOTA ATTACHMENT B 2008 REPUBLICAN NATIONAL CONVENTION RNC Reimbursement Payment Form PROVIDER NAME: Salary Non LPO Employee Date of Regular Regular Overtime Overtime Name Title Service Location Category Hours Hourly Rate Hours Rate Total Wages • • • • Total Reimbursement Request 0 I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 RNC. All information was obtained from payroll records,collective bargaining agreements, invoices or other documents that are available for audit. For Provider Date Submitted CITY OF SAINT PAUL, MINNESOTA ATTACHMENT B 2008 REPUBLICAN NATIONAL CONVENTION RNC Reimbursement Payment Form PROVIDER NAME: Reimbursable Fringe Benefits Date of Medicare Pera Employee Name Title Service Location Category Total Wages Pension Total TOTAL 12.9% Total Reimbursement Request I 01 I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 RNC. All information was obtained from payroll records,collective bargaining agreements, invoices or other documents that are available for audit. For Provider Date Submitted Page 2 of 2 ATTACHMENT C INTERNAL AFFAIRS NOTICE FORM ****************************************************************** If an LPO has a sustained internal affairs type of investigations within the past three (3) years, involving one of the below types of conduct, Provider must submit this form to SPPD, at the time the data is created or collected, all public data of each investigation and any later final disposition for: 1. Excessive/Unnecessary/Unreasonable Use of Force; 2. Improper Conduct; or 3. Conduct Unbecoming of a Licensed Law Enforcement Officer. ****************************************************************** Date: Provider=s Name: (Agency Name) Provider=s Representative Submitting Form: Contact Telephone Number for Provider Representative: LPO Name: Status of Investigation: 1. Completed; and/or 2. Findings; and/or 3. Final Disposition Made. If final disposition has been made, what were the findings and final disposition? ***Attach all public data of completed investigation/s/ and final disposition /s/ to this form. ATTACHMENT D EQUIPMENT LIST Line Patrol (See JPA '2.1 E) - Seasonally appropriate patrol uniform of the day and equipment supplied by Provider, including but not limited to: 1. Normal Line Patrol Working Uniform -Provider=s; 2. Outer wear Uniform appropriate for conditions, i.e. jackets and hats - Provider=s; 3. Rain wear; 4. Duty Belt with Provider=s approved items, i.e. Taser, Mace etc.; 5. Portable Radio - Provider=s ; 6. Sidearm - Provider Approved; 7. Personal Armor - Provider=s; 8. Traffic Control Vest; 9. Riot Helmet - if Provider required and provided; and 10. Gas Mask - if Provider required and provided; Specialty Assignments (See JPA '2.1 E) - If the LPO is assigned to one of the below special detail assignments, then the LPO is required to have whatever personal specialty equipment that is supplied and required by the LPO=s agency for that special detail assignment (If other personal specialty equipment is required for the Security Event, SPPD will provide): 1. Motorcycle; 2. Bicycle; 3. Horse; 4. Canine; 5. SWAT; 6. Bomb; 7. Water patrol; and 8. Civil Disturbance; 9. Etc. ATTACHMENT E LPO CRITERIA CHECKLIST Each Provider must state that each of the LPOs they are submitting for service under the Joint Powers Agreement meets the following criteria: A. Education and Licensing 1. Is a peace officer who has successfully completed professionally recognized peace officer pre-employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre-employment education; and 2. Is an officer who is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located. (From Minnesota Statutes, Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12); and 3. Is, and has been, employed as a licensed peace officer for a minimum of two (2) years in the United States. B. Capable - Is, by reason of experience, training and physical fitness, deemed capable of performing the duties required by the SPPD during the Security Event by the sending agency. C. Good Standing 1 . Is currently in good standing with the Provider; and 2. Is an officer without any pending and/or sustained internal affairs type of investigations within the past three (3) years, involving excessive/unnecessary/unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer. (If an officer has a pending and/or sustained internal affairs type of investigations within the past three (3) years, for one fo the above types of conduct, Provider must submit to SPPD, at the time the data is created or collected, all data of each investigation and any later final disposition, using Internal Affairs Reporting Form. If there are any pending investigations at the time Provider submits the Pre-Convention Information Form, Provider must submit the Internal Affairs Reporting Form then. Provider is also obligated to continuously update the SPPD on any subsequent data of this type, for each LPO, using the Internal Affairs Notice Form JPA Attachment C). D. Equipment 1 . Line Patrol - Is equipped and/or supplied by Provider at Provider=s own expense, not to be reimbursed under the JPA, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to (See JPA Attachment D): a. Normal Line Patrol Working Uniform -Provider=s; b. Outer wear Uniform appropriate for conditions, i.e. jackets and hats - Provider=s; c. Rain wear; d. Duty Belt with Provider=s approved items, i.e. Taser, Mace etc.; e. Portable Radio - Provider=s ; f. Sidearm - Provider Approved; g. Personal Armor - Provider=s; h. Traffic Control Vest; i. Riot Helmet - if Provider required and provided; and j. Gas Mask - if Provider required and provided. 2. Personal Specialty Equipment- Is equipped and/or supplied by Provider at Provider=s own expense, not to be reimbursed under the JPA, with personal specialty equipment required to fulfill listed assignments for any specialty detail of the following: a. Motorcycle; b. Bicycle; c. Horse; d. Canine; e. SWAT; f. Bomb; g. Water patrol; and h. Civil Disturbance; i. Etc. II. Pre-RNC Required Information for Licensed Peace Officers and Election of Option Form A. Information required on the form: 1. Employee Name; 2. Rank; 3. Years of Service; 4. Internal Affairs Information; 5. Regular Hourly Rate of Pay for the Named Officer Under Current or Settled Union Contract; 6. Overtime Hourly Rate of Pay for the Named Officer Under Current or Settled Union Contract; and 7. Anticipated Reimburse Cost Items. SPPD needs to be able to anticipate and determine costs associated with meals, travel and lodging. Therefore, SPPD needs each Provider to submit travel and lodging cost they will seek reimbursement for on the form, for each officer. Also, if an officer is not going to eat SPPD supplied meals, SPPD needs to know that information also, since it is a cost item. a. Meals - SPPD will provide meals for all officers while attending the Security Event Training, the Security Event, and any After Action Activities. b. Travel - SPPD will reimburse for travel for all officers while attending the Security Event Training, the Security Event, and any After Action Activities. Travel will be reimbursed at the effective IRS mileage reimbursement rate, currently at $0.485 per mile. The number of miles will be based on the distance from Provider=s headquarters to the assignment location determined by Mapquest or other comparable method. c. Lodging - Lodging will be reimbursed only for those Provider officers that . Lodging reimbursements will be made for actual costs up to the effective U.S. General Service Administration (GSA) rate approved for Minneapolis/St/Paul, currently at $113.00 per night lodging. B. Submission of Form. Provider shall furnish all of the information required in the Form, which is Attachment Ain the JPA, for each LPO, no later than , 2008, with the understanding that the City will hold the data in the same classification as the Provider does under the Minnesota Government Data Practice Act, Minnesota Statutes, Chapter 13. ATTACHMENT F Reimbursement Guidelines and Checklist The guidelines and checklist identifies the required documents for a complete reimbursement package. Original submissions that are complete will simplify the review process and expedite the processing of your payment. The City may modify or clarify guidelines as it determines necessary or request additional information or documentation in order to meet grant and internal auditing requirements. The City will make every effort to process payment within 35 days after complete Reimbursement Request Package has been received and no additional documentation or information is needed. Eligible Costs (JPA Section 2.2) All costs, regardless of eligibility listed below, must be supplemental to and not supplant the normal costs of doing business. Payments will be made on a reimbursement basis only -- all costs must have been incurred. 1. Wages (JPA Section 3.3) B Payment will be made for actual regular and overtime contractual wages for each LPO on assignment by SPPD meeting the criteria for on-site status. 2. Fringe Benefits while on assignment (JPA Section 3.3) - The only fringe benefits reimbursed will be: Medicare at current rate of 1.45% and PERA Pension at anticipated 2008 rate of 12.9% Ineligible Reimbursement Costs In addition to the ineligible costs stated in the JPA, no reimbursement will be provided for: 1. Uniforms and equipment listed in Attachment D 2. Fringe benefits incurred over Medicare and PERA Pension costs. 3. Security Event Training if LPO is not available for assignment for the Security Event. 4. Providers costs for the administration or implementation of the JPA. Timeframe for Costs Costs must be incurred within the dates of the Security Event Training Sessions, the Security Event, which is the 2008 RNC convention (currently scheduled from Monday, September 1, through Thursday, September 4, 2008) and approved After Action Activities as scheduled by SPPD. Checklist for Submitting Reimbursement Request Package Cover Letter - A cover letter from the Provider must be submitted as follows: Include the statement: "I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention and that all information was obtained from payroll records, invoices, or other documents that are available for audit." Include the statement: "All payroll records and other supporting documentation will be maintained for audit for seven years." Include the statement that the entity: "takes full responsibility for reimbursing the federal government for any costs which are subsequently deemed ineligible by any future federal audit." Signature of the Chief Financial Officer or official designee as indicated in the JPA. Invoice from Provider=s Finance system which summarizes reimbursement request and provides a description of services provided. Reimbursement Payment Form B _Form provided by the City MUST be attached to invoice and provided electronically in Excel format, either on CD, disk, or by e-mail. List each LPO=s: Name and title Each day worked Assigned location as determined by SPPD Category of Work: A - Increased Security at Critical Facilities B - Traffic Control and Direction C - Emergency Operations Center D - Public Safety Response Regular hours and rate of pay Overtime hours and rate of pay Total reimbursement of wages requested Reimbursable Fringe benefits for Medicare at 1.45% and PERA pension at 12.9% Other mileage, meal or lodging per diem as approved by SPPD Required Documentation Payroll verification - Must provide proof of the amount paid to each LPO as listed on Reimbursement Payment Form. This documentation must be in the form of a report from Provider=s payroll system for time period(s) in which the LPO was on assignment from SPPD. Report must indicate the LPO=s name, dates worked, number of regular and overtime hours, date paid and amount of payment for regular and overtime hours. Timesheets B SPPD will provide roster which will require LPO to sign in at the designated location. Timesheets from the Provider detailing hours worked may be required to support the reimbursement request if not available from payroll system. Overtime Documentation B Must provide documentation that is needed to show regular hours were worked, to qualify for overtime rates. This information is best provided on the payroll verification, by including proof of regular pay. Other documentation may be used, but must demonstrate that overtime pay was qualified to be paid because the required regular hours were worked. Collective Bargaining Agreement B Must provide a copy of the current approved agreement which includes effective dates and appropriate wage schedules. JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as the "Agreement"), is made effective, except as otherwise made operationally effective as set forth in Section 4 herein, on this day of , 2008,by and between the CITY OF SAINT PAUL,MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting through its Police Department(hereinafter referred to as the "SPPD") and , a [insert name of city/county/state and type of entity and state where authorized to operate] acting through its [insert name of law enforcement organization of city/county/state if different from entity with authority to contract](hereinafter referred to as the "Provider"). WHEREAS, the City is a host city for the 2008 National Republican Convention to be held between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC"); and WHEREAS, the City has entered into a "City Service Agreement For The 2008 Republican National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota non-profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has agreed to undertake certain public safety and security measures related to the 2008 RNC within the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the provision of such measures in other locations throughout the greater Saint Paul-Minneapolis metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations that may be subject to a Unified Command (as defined herein) (hereinafter such above-described locations shall be collectively referred to as the "Security Event"); WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required of an event the size and unique nature of the 2008 RNC; and WHEREAS, the [insert name of Provider's law enforcement organization] provides law enforcement services to the Provider pursuant to the police powers and law enforcement authority granted under the laws of the State of[ ]; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the SPPD with the Security Event; and WHEREAS, the Provider may also avail itself of a rapid response team(herein referred to as the "RRT"), comprised of licensed peace officers employed by the SPPD and certain other law 1 enforcement organizations, that will be established for the sole and exclusive purpose of providing public safety-related aid and assistance to law enforcement organizations throughout the greater Saint Paul-Minneapolis metropolitan area that have entered into an agreement with the City, similar to this Agreement, provided that such aid and assistance is actually and directly related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary circumstances, all as more fully set forth in Section 3.6 herein. NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: 1 PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON- LPOS 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with the professional services of those certain licensed peace officers identified on Attachment A attached hereto (such licensed peace officers identified on Attachment A shall be collectively referred to herein as the "LPOs")to assist the SPPD with the Security Event, and to set forth the terms and conditions in which the Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance of the RRT. 1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide the City with persons who are employed and actively utilized by the Provider in a public safety capacity who do not meet the criteria of an LPO as set forth in this Agreement but whose special public safety training and experience may enable such persons to provide further assistance to the SPPD with regard to the Security Event(hereinafter such persons are identified on Attachment B attached hereto, and shall be collectively referred to herein as the "Non-LPOs") (an example of a Non-LPOs might include parking enforcement and/or traffic control officers, detention staff, special deputies, and emergency center dispatchers). If the SPPD, in its sole discretion, desires to use any Non-LPOs, the SPPD will so notify the Provider in writing of the conditions by which the Non-LPOs will be used, and such writing will be incorporated as an addendum to this Agreement. 1.1.2 Provider will exercise its best efforts to assist with the Security Event. The parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Security Event. That prioritization decision belongs solely to Provider. This Agreement does not entitle City or the Security Event to a higher priority or special consideration during Provider's prioritization process. Further, Provider may, at any time, recall its LPOs when, it is considered to be in Provider's best interest to do so. 2 1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes, Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads: "(1) the peace officer has successfully completed professionally recognized peace officer pre-employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre-employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located." 2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the LPOs shall also meet the following criteria: A. That each LPO shall by reason of experience, training and physical fitness be deemed in the sole discretion of the SPPD, that she/he is capable of performing the duties required by the SPPD of each such LPO during the Security Event; and B. That: (i) each LPO shall have been employed as a licensed peace officer for a minimum of two (2)years in the United States; or(ii) in the event that an LPO has been employed as a licensed peace officer for less than two (2)years in the United States, that such LPO will at all times when providing the services described in this Agreement, be directly supervised by an LPO who in addition to satisfying the minimum criteria described in this Section 2.1 B. (i), shall also possess sufficient supervisory skills and experience generally recognized and accepted throughout the greater Saint Paul-Minneapolis law enforcement community; and C. That each of the LPOs are officers in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the SPPD in the event that any LPO is no longer an officer in good standing with the Provider. D. That throughout the term of this Agreement and subject to Chapter 13, Minnesota Statutes, commonly known as the "Minnesota Governmental Data Practice Act" (hereinafter referred to as the "MGDPA"), the Provider shall give notice using the form attached hereto as Attachment C, to the SPPD of any public data, as defined by the MGDPA, related to internal affairs type of investigations either pending and/or sustained against any LPO during the past three (3)years, involving excessive/unnecessary/unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer; and E. That unless otherwise provided or requested by the SPPD, each of the LPOs shall be equipped and/or supplied by Provider at Provider's own expense, with a 3 seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor that are required to be worn by each LPO while on duty for the Provider; see Attachment E attached hereto for uniform and equipment list; and F. That Provider shall furnish all of the information required in Attachments A and B attached hereto, for each LPO and Non-LPO, no later than ten(10) business days after the effective date of this Agreement, with the understanding that the City will hold the data in the same classification as the Provider does under the MGDPA. 2.1.1 Provider acknowledges and agrees that at anytime during the term of this Agreement the City has the sole discretion to decline to accept and/or use any LPO or Non-LPO without cause or explanation. 2.2 The Provider agrees to provide the City with the following services: A. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in training activities related to the Security Event, that are coordinated or conducted by the SPPD or its designee (hereinafter each such training session shall be referred to as a"Security Event Training Session") for a period of time commencing from the Security Event Training Session Commencement Date to the Security Event Training Session Termination Date as those respective terms are defined in Section 4 herein; and B. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in the Security Event for a period of time commencing from the Security Event Commencement Date to the Security Event Termination Date as those respective terms are defined in Section 4 herein. C. That each LPO agrees to be placed by the SPPD, if so determined by the SPPD, in an"On Assignment" status in which the LPO is physically proximate to a Security Event location within the City of Saint Paul, so as to be able to physically report in a timely manner to such duty post assigned by the SPPD prepared to undertake the specific job task or responsibility assigned to such LPO by the SPPD related to the Security Event. D. That at the request of the SPPD, each LPO and Non-LPO shall participate in and/or provide information to and otherwise cooperate with the SPPD in any"after action activities" following 4 the conclusion of a Security Event Training Session and/or the Security Event. For purposes of this Agreement"after action activities"may include,but not be limited to the following activities related to Security Event Training Sessions and the Security Event: debriefings of information and experiences, completion of surveys and questionnaires and assisting and/or participating in any civil and/or criminal legal proceedings. 2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times during each Security Event Training Session and/or the Security Event, each LPO regardless of such LPO's rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principals and practices established throughout the law enforcement community (herein referred to as "Unified Command"). 2.4 The Provider agrees to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. By way of illustration only, such cooperation and information may include,but not be limited to the Provider's timely completion and production of information required for insurance purposes and audit purposes. 3 CITY RESPONSIBILITIES 3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the SPPD deems necessary. The substance of the training, including the locations, dates and times of any Security Event Training Session, shall be detailed in a separate writing provided from the SPPD to the Provider. 3.2 The City anticipates certain financial assistance will be provided to it by the federal government and/or third parties other than the City (hereinafter referred to as the "Security Subsidy"), to fully and completely fund and/or reimburse the Provider for the necessary costs of participating in the Security Event Training Session[s], the Security Event, the RRT and any"after action activities"related thereto. Subject to the City's good faith duty to provide the Provider with as much advance written notice that is reasonable under the circumstances that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in this Agreement, Provider acknowledges and agrees that the City's obligation to reimburse such costs or expenses shall be limited only to the funds available in the Security Subsidy. In such event, City agrees that funds available shall be distributed between/among Provider and any other law enforcement organizations providing services under this or similar agreements in, at least, a ratio based on each organization's contribution as a share of the total contributions 5 3.3 Subject to the prior written approval of the City and the Provider's compliance with the requirements of Section 5 of this Agreement,the City agrees to provide reimbursement from the Security Subsidy to the Provider for each LPO and Non-LPO whose services are actually utilized by the SPPD during the Security Event Training Sessions and/or the Security Event, for the following: the prevailing hourly contract wages at the rate of one and one-half times, together only with the employer's share of Medicare and PERA contributions being paid by the Provider to each LPO and Non-LPO (based on such hourly wages and employer's share of Medicare and PERA contributions described in Attachments A and B attached hereto) at the time the services of such LPO or Non-LPO have been actually utilized by the SPPD in accordance with this Agreement. Unless otherwise agreed to in writing by the City, the City shall only reimburse the Provider in accordance with this Agreement for any pre-approved reimbursable costs incurred by the Provider related to the actual participation by an LPO or Non-LPO in a Security Event Training Session, only upon the satisfaction of one of the following conditions: (a) the actual participation by such LPO or Non-LPO in the Security Event as required by the SPPD; or(b) such LPO or Non-LPO, was ready, willing and available to participate in the Security Event as required and needed by the SPPD hereunder, despite the LPO or Non-LPO not having actually participated in the Security Event. 3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom (hereinafter referred to as the "Coordinator"). Except as otherwise provided in this Agreement, all contact or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator's designee. 3.5 The City shall provide the Provider with the eligibility guidelines for the costs described in this Section 3 and a checklist for submitting the Reimbursement Payment Form attached hereto as Attachment F, and related required documentation. 3.6 The RRT will be established for the sole and exclusive purpose of providing public safety-related aid and assistance as requested by law enforcement organizations with the legal responsibility for providing police services to local units of government throughout the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party"),who have entered into an agreement substantially similar to this Agreement, with the City, provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC; and(ii) only if such aid and assistance is warranted by extraordinary circumstances. For purposes of this Agreement, the term"extraordinary circumstances" shall mean those circumstances that significantly exceeds the usual and customary ability of the Requesting Party to effectively and safely provide police services within its jurisdictional boundaries (which by way of example only, may include,but not be limited to, providing security for critical infrastructure, transportation routes and venues and facilities). Nothing contained in this Agreement shall preclude the Provider from also becoming a Requesting Party and availing itself of the RRT in accordance with this Section 3.6. 6 4 TERM OF AGREEMENT 4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement shall become operationally effective as follows: 4.1.1 Security Event Training Session[s]—The Security Event Training Session Commencement Date and the Security Event Training Session Termination Date shall be the date[s] and time[s] so referenced in the writing described in Section 2.2 A of this Agreement which writing will incorporate the terms and conditions of this Agreement. 4.1.2 Security Event- The Security Event Commencement Date and the Security Event Termination Date shall be the date[s] and time[s] so referenced in a separate writing to be provided by the SPPD to the Provider, which writing will incorporate the terms and conditions of this Agreement. 4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event Training Session Termination Date[s] and the Security Event Termination Date upon verbal or other non-written notice provided to Provider. 5 BILLINGS AND PAYMENTS 5.1 That in consideration for the Provider's faithful performance of this Agreement, the City hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3 herein and this Section 5. Notwithstanding any other provision contained in this Agreement, the Provider agrees that the City's reimbursement to the Provider from the Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and the Provider, no later than June 30, 2008. This not to exceed amount shall be memorialized in a separate writing that will be incorporated as an addendum to this Agreement. 5.2 Reimbursement Requirements 5.2.1 Except as may otherwise be provided either by this Agreement or with the written consent of the City, any payments due and owing by the City to the Provider for approved reimbursable costs and expenses described in this Agreement for which the Provider has completed and delivered to the City all of the documentation required herein, shall be made no earlier than the Security Event Termination Date. Subject to the conditions described in this Section 5.2.1, the City shall make every effort to make the payment to the Provider within thirty-five (35) days after the City's receipt of all of the documentation required herein. 5.2.2 As a condition precedent to receiving any reimbursement from the City for approved reimbursable costs and expenses described in this Agreement, the 7 Reimbursement Payment Form, referenced in Attachment F, attached hereto, must: A. Be submitted to the City no later than November 15, 2008, unless such deadline is otherwise extended with the written consent of the City. The Reimbursement Payment Form shall be submitted to the Attention of Lori Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700, City of Saint Paul, MN 55102; and B. Include a cover letter signed by the Provider's Chief Financial Officer or his/her designee, detailing the total amount sought to be reimbursed and a including a summary narrative and cost overview that provide context to the submission, including any unusual circumstances, all provided under the following certification: "I certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention, and that all information was obtained from payroll records, invoices or other documents that are available for audit."; and C. Include an itemized invoice as specified on checklist; and D. Include all back-up documentation, as outlined on the checklist provided by the City to the Provider. 5.2.3 In addition to any other requirements contained herein, Provider agrees that it will promptly provide to the City upon request, any other information or documentation of approved reimbursable costs and expenses described in this Agreement as may be required by the federal government as a condition to the City's receipt of the Security Subsidy. All records must be maintained for future audits and the entity being reimbursed will be fiscally responsible for the results of any such audit. 5.2.4 Any questions regarding this reimbursement process should be directed to: Lori Lee or designee, Office of Financial Services. 5.2.5 The Provider acknowledge and agree that the City's obligations to provide reimbursement pursuant to this Agreement are solely and exclusively limited to the Security Subsidy, and that the City shall not be liable for any payment hereunder: (i)to the extent that the Security Subsidy is insufficient to fully reimburse the Provider and the City provides the notice described in Section 16 of this Agreement; or(ii) in the event that the funder[s] of the Security Subsidy determine, independent of the City and the SPPD, that a cost that may otherwise be reimbursable pursuant to the terms of this Agreement, is not eligible for reimbursement and that any payment for reimbursement previously made by the 8 City to the Provider is deemed to be ineligible by the funder[s] and is required to be returned to the funder[s]. 5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in the sections of this Agreement. 6 AGREEMENT MANAGEMENT 6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: (List names) (List responsibilities) 7 WORK PRODUCTS,RECORDS, DISSEMINATION OF INFORMATION 7.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work product"shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to SPPD or results from Provider's services under this Agreement. "Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to SPPD or Provider and pertain to work performed under this Agreement. 7.2 All deliverable work products, supporting documentation and business records or copies thereof, that are needed from or are the results from the Provider's services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City. 7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior notice to the other. Except as otherwise required by federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any security information, security service or security service data, defined 9 under Minnesota Statutes, Sections 13.37 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 7.4 In the event of termination, all supporting documents and business records prepared by the Provider under this Agreement, shall be delivered to the City by Provider by the termination date. 7.5 Both the City and the Provider agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6)years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 7.6 Both the City and the Provider agree to abide strictly by Chapter 13 , Minnesota Government Data Practice Act, ("MGDPA")and in particular Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1 (b), 138.17 and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 8 EQUAL OPPORTUNITY EMPLOYMENT Neither the City nor the Provider will discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 9 COMPLIANCE WITH APPLICABLE LAW Both the City and the Provider agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to their respective performances of the provisions of this Agreement. 10 CONFLICT OF INTEREST 10.1 Both the City and the Provider agree that it will not contract for or accept employment for 10 the performance of any work or services with any individual, business, corporation, or government unit that would create a conflict of interest in their respective performances of their obligations pursuant to this Agreement. 10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." 10.3 Both the City and the Provider agree that, should any conflict or potential conflict of interest become known, the party learning of such conflict or potential conflict shall advise the other party of the situation so that a determination can be made about each parry's ability to continue performing services under this Agreement. 11 INSURANCE 11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following insurance coverage in which the Provider shall be covered as a named insured party: A. Police Professional Insurance (the "Insurance Coverage")providing coverage for claims arising out of actions of each LPO and Non-LPO who provide security and law enforcement during the convention and convention related events with a limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced by a certificate of insurance provided to the Provider providing at least a ten(10) day notice of cancellation or any significant material change in coverage. 11.1.1 The Provider agrees to be bound by the terms and conditions contained in the Insurance Coverage policy ("Policy"), the terms and conditions of which are incorporated herein by reference. 11.1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide coverage during the time period set forth in the Policy. 11.1.3 The Provider agrees that is shall cooperate with the insurer who will be underwriting the Insurance Coverage by timely providing information as reasonably requested by said insurer or its designees. For purposes of this Section 11.1.3, this cooperation will include,but not be limited to both the underwriting process and the claims process, and this obligation shall survive and extend if necessary, beyond the termination of this Agreement. 11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs. The Provider will maintain workers' compensation insurance or self-insurance equivalent coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non- LPOs are providing services pursuant to this Agreement. The Provider waives the right to sue any other party for any workers' compensation benefits paid to its own LPOs or Non- 11 LPOs and any dependants of such LPOs and Non-LPOs, even if the injuries were caused wholly or partially by the negligence of any other party. 12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT 12.1 Notwithstanding any other provision of this Agreement, including, but not limited to Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all purposes within the scope of the Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee.No statement contained in this Agreement shall be construed so as to find the Provider or the LPOs and Non-LPOs, to be employees of the City, and the Provider shall be entitled to none of the rights, privileges, or benefits of City employees. 12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be required to comply with the rules of conduct established by the Provider, the SPPD and/or the Unified Command. In the event that a conflict exists between the Provider's rules of conduct and the SPPD's rules of conduct and the Unified Command has not otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The Coordinator or his designee shall refer disciplinary matters involving LPOs to the Provider for an investigation. Based on the judgment of the Coordinator or his designee, if a particular matter represents probable cause for the issuance of a criminal complaint, the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. 13 SUBCONTRACTING. Both the City and the Provider agree not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the other party. 14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees,representatives and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor shall be construed to waive any rights and benefits either party has with regard to its status under the insurance coverage described in Section 11 of this Agreement. 14.2 It is understood and agreed that each parry's liability shall be limited by the provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective 12 officials and employees, may have under said Chapter 466, or any common-law immunity or limitation of liability, all of which are hereby reserved by the parties hereto. 15 ASSIGNMENT The City and the Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. 16 EVENTS OF DEFAULT; TERMINATION 16.1 By the City- The City may terminate this Agreement based on the occurrence of any of the following events: A. the cancellation of the 2008 RNC; B. the determination made in the sole discretion of the City, that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in Section 3 of this Agreement, which determination must be made and disclosed to the Provider prior to the Security Event Commencement Date; C. the failure of the Host Committee to purchase and provide the insurance coverage described in Section 11 of this Agreement in a timely manner determined by the City; D. the failure of the Provider to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven(7) calendar days after the City or SPPD provides Provider with notice of such default. 16.2 By the Provider- The Provider may terminate this Agreement based on the occurrence of any of the following events: A. without cause, prior to any Security Event Training Session[s] Commencement Date[s] in which any of the Provider's LPOs shall participate; B. the cancellation of the 2008 RNC; C. the failure of the Host Committee to provide the Provider with evidence in the form of a certificate of insurance naming the Provider as a named insured in the policy of insurance coverage described in Section 11 of this Agreement; 13 D. the Provider's receipt of the notice described in Section 3.2 of this Agreement; E. the failure of the City to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven(7) calendar days after the Provider provides the SPPD with notice of such default. 16.3 Both the City and the Provider shall act in good faith, to provide as much advance written notice of an event of default in this Section 16, to the other party that is reasonable under the circumstances. 16.4 In the event of termination, the City will only pay Provider for those services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. Except as otherwise provided in this Section 16.4, neither the City nor the Provider shall be entitled to the recovery of any consequential damages or attorney fees related to an event of default hereunder. 17 GOOD FAITH DISPUTE RESOLUTION The City and the Provider shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. In the event such a dispute arising out of or relating to this Agreement or breach thereof cannot be resolved exclusively among the parties, such dispute shall be referred to non-binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of mediation. The mediator shall be selected by the parties, or if the parties are unable to agree on a mediator then any party can request the administrator of the Ramsey County District Court Civil ADR Program and/or similar person, to select a person from its list of qualified neutrals. All expenses related to the mediation shall be borne by each party, including without limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all defense based on the passage of time are tolled while the mediation procedures are pending, and for a period of 30 days thereafter. 18 AMENDMENT OR CHANGES TO AGREEMENT 18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties hereto, after all appropriate and necessary authority has been acquired by each such party. 18.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term"this Agreement" as used herein 14 shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 19 NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: To Provider: 20 WAIVER Any fault of a party hereto to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this Agreement's provisions. 21 SURVIVAL OF OBLIGATIONS 21.1 The respective obligations of the City and Provider under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. 21.2 If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties hereto legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. 22 INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 23 FORCE MAJEURE Neither the City nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including,but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest,power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. 15 24 ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF SAINT PAUL STATE/CITY/COUNTY OF By: By: Its: Mayor Its: Date: Date: Approval Recommended: Approval Recommended: By: By: Its: Chief of Police Its: Saint Paul Police Department By: By: Its: Director, Office of Financial Services Its: By: Its: Director, Department of Human Rights Approved as to form and legality: Approved as to form and legality: By: By: Its: Assistant City Attorney Its: Funding: Provider's Taxpayer I.D. No_ Activity# and Activity Manager Signature ***************************************************************************** 16 One N.Franklin Street `� Swett & Craw r�3t � ISSUED PURSUANT" TO Suite 1400 s IVE� Tr" '��1a1 "-� ^ INSURANCE Chicago,IL 60606 A ._. THE `°' CroI E SURPLUS Phone: 312-621-1770 LINES.S N OTHERWISE LICENSED k e OF MINNESOTA. IN Fax: 312-621-0262 CASE OF Ii3SOLJE( C 2V"MENT OF CLAIMS IS NOT GUARANTEED. May 1,2008 CONFIRMATION OF COVERAGE BOUND The coverage outlined below may not conform to the terms and conditions you requested. Please check carefully. Swett& Crawford and its affiliated companies disclaim any responsibility for your failure to reconcile the original submission with coverages bound herein. This document is intended for use as evidence that the insurance, as described herein, has been effected and shall be subject to all terms and conditions of policy(ies) which will be issued and that, in the event of any inconsistency herewith,the terms and provisions of such policy(ies)shall prevail. Broker: Aon Risk Services-Minneapolis 8300 Norman Center Drive, Suite 400 Minneapolis,MN 55437 INSURED: The Minneapolis St.Paul 2008 Host Committee Inc; The City of St.Paul;The RNC; The COA; and any entity/municipality that enters into a JPA Mailing Address: Attn: Gary Wieise 180 E. 5th St. Suite 1200 St.Paul,MN 55102 Company: Lexington Insurance Company Policy No.: 180-8923 Effective Date: 04/30/2008 Expiration Date: 09/20/2008 Coverage: Law Enforcement Professional Liability Policy Form: Occurrence-64086(01/96) Limits of Liability: $ 10,000,000 Each Wrongful Act Limit $ 10,000,000 Annual Aggregate Limit Defense Expenses are Outside the policy limit Deductible: None Premium/Taxes/Fees: $ 1,050,000.00 Premium $ 31,500.00 3%Surplus Lines Tax—MN $ 1,086,500.00 Total Premium SWETT&CRAWFORD IS RESPONSIBLE FOR FILING OF SURPLUS LINES TAXES Minimum Earned: 100% Minimum Earned Premium Retail Commission: 11.0% Company is: Non-Admitted TERMS AND CONDITIONS: Per Insurance Company Form including but not limited to: Cancellation Provisions: Important: This insurance cannot be cancelled flat. Earned premium must be paid for the time insurance has been in force. This Confirmation of Binding is a statement concerning the above insurance as of the date of the issuance of this Confirmation of Binding. This Confirmation of Binding is subject to policy conditions of any policy(ies)which may be issued by Lexington Insurance Company and shall be automatically cancelled and superseded by such policy(ies)upon issuance. Page 1 of 2 The Minneapolis St. Paul 2008 Host Committee Inc; The City of St. Paul; The RNC; The COA; and any entity/municipality that enters into a JPA Policy No.: 180-8923 Other Conditions: Endorsements: Patrol Access Endorsement(copy attached) War exclusion endorsement Minimum Earned premium Coverage Territory Limitation Endorsement Terrorism Premium Charge endorsement Fungus/Mold Exclusion Cross Suits Endorsement Additional Conditions,Information or Contingencies: This binder includes certain information regarding the terms and conditions of the policy. If there is any conflict between the terms and conditions stated in this binder and the terms and conditions of the policy when issued,the terms and conditions of the policy shall govern. Subject To: Exposure Base: N/A Rate: not auditable Claims Notification: % 7 Swett & rrawfo By: . (Authorized Representative) Page 2 of 2 Midwestern Risk Specialists, Inc. Casualty Division -Suite 2100 300 South Riverside Plaza Chicago,IL 606 0 6-66 13 312.876.3915 Fax POLICYHOLDER DISCLOSURE STATEMENT UNDER TERRORISM RISK INSURANCE ACT OF 2002 Line of Business: Law Enforcement Professional Liability Named Insured: The Minneapolis St. Paul 2008 Host Committee Inc; The City of St. Paul; The RNC; The COA; and any entity/municipality that enters into a JPA. You are hereby notified that under the federal Terrorism Risk Insurance Act of 2002 (the "Act") effective November 26, 2002, you now have a right to purchase insurance coverage for losses arising out of an Act of Terrorism, which is defined in the Act as an act certified by the Secretary of the Treasury (i) to be an act of terrorism, (ii) to be a violent act or an act that is dangerous to (A) human life; (B) property or (C) infrastructure, (iii) to have resulted in damage within the United States, or outside of the United States in case of an air carrier or vessel or the premises of a U.S. mission and (iv) to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You should read the Act for a complete description of its coverage. The Secretary's decision to certify or not to certify an event as an Act of Terrorism and thus covered by this law is final and not subject to review. There is a $100 billion dollar annual cap on all losses resulting from Acts of Terrorism above which no coverage will be provided under this policy and under the Act unless Congress makes some other determination. For your information, coverage provided by this policy for losses caused by an Act of Terrorism may be partially reimbursed by the United States under a formula established by the Act. Under this formula the United States pays 90% of terrorism losses covered by this law exceeding a statutorily established deductible that must be met by the insurer, and which deductible is based on a percentage of the insurer's direct earned premiums for the year preceeding the Act of Terrorism. Coverage for Acts of Terrorism is included in your Quoted Premium. The portion of your Quoted premium that is attributable to the coverage for Acts of Terrorism is is $50,000. A. AMember of American International Group,Inc. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Eugene A. Dietz Grant Hennepin County Right of Access Public Works of Staring Lake Park Property for Road Construction Purposes Requested Action Move to: Authorize the Director of Public Works to grant Hennepin County right of access to utilize approximately 3.68 acres of Staring Lake park land for road construction purposes to expand Pioneer Trail. Synopsis 3.68 acres of Staring Lake Park will be displaced for the purpose of upgrading Pioneer Trail by Hennepin County. This park land will be replaced both in value and in purpose as a direct project cost on an equal cost-sharing basis from Hennepin County and the City of Eden Prairie. That replacement process is moving forward, but Hennepin County needs to demonstrate to other agencies that they have the authorization to proceed with construction. Granting this "permission" to Hennepin County does not alter the requirements to replace the park land nor jeopardize that process. Attachments • Draft letter from Dietz to group OFFICE OF PUBLIC WORKS 1 July 15,2008 Mr. Jim Grube,P.E. Director,Transportation Department and County Engineer Hennepin County Transportation Department 1600 Prairie Drive Medina,MN 55340 Subject: Temporary Occupancy of Staring Lake Park CSAH 1 Reconstruction S.P.27-601-35 S.A.P.27-601-41 Dear Mr. Grube: Hennepin County, in cooperation with the City of Eden Prairie, is reconstructing CSAH 1 from west of Shetland Road to east of TH 212 (hereinafter referred to as the "reconstruction project"). The reconstruction project will require the conversion of approximately 3.84 acres of Staring Lake Park which is adjacent to CSAH 1 to a transportation use (hereinafter referred to as the "Property"). The Park is protected by the Section 6(f) of the Land and Water Conservation Fund Act of 1965 (LAWCON) and the Local Grants Program which has requirements that provides protection similar to that of LAWCON. The protections prohibit the parkland from being used for purposes other than parkland unless land of equal value and usefulness replaces the impacted land. The City of Eden Prairie, as the owner of Staring Lake Park, hereby grants Hennepin County a right of access to the Property until transfer of the Property to Hennepin County becomes permanent. Hennepin County, with the cooperation of the City, shall diligently pursue the replacement of the Property with other property that is equal in value and purpose. The City and Hennepin County shall share equally in the cost of the replacement property. The purpose of this right of access is to allow for construction of the project. By signing this letter,you agree that Hennepin County shall and does hereby agree to indemnify, save, and hold harmless the City and all of its agents and employees of and from any and all claims,demands, actions or causes of action of whatsoever nature or character arising out of, or by reason of, the performance of the County's use of the Property or any work by the County Agents or employees, any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of the use of the Property or work performed or to be performed by the County. Sincerely, Accepted by: Date Eugene A.Dietz,P.E. Jim Grube,P.E. Director of Public Works Director,Transportation Department and County Engineer cc: Chris Sagsveen,Hennepin County CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 52-157 ITEM NO.: VIII.L. Rodney Rue Approve Plans and Specifications and Public Works/Engineering Order Advertisement for Bids for the Riverview Road Street and Utility Improvements Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for LC. 52-157, Riverview Road Street and Utility Improvements, from Parker Drive to Homeward Hills Road. Synopsis With assistance from HTPO, the Engineering Division has prepared plans and specifications for the reconstruction of Riverview Road, from Parker Drive to Homeward Hills Road. The Feasibility Study for this project will be accepted at the City Council meeting on July 15, with the public hearing to consider these improvements scheduled for August 19th It is anticipated that this project will be bid on or after August 14, 2008. The project is expected to be substantially completed in November, 2008. The project will be financed by special assessments and municipal state aid. Background Information This project has been planned for years as a larger project that contemplated the reconstruction of Riverview Road, from Homeward Hills Road to Purgatory Creek. A portion of the overall project was realigned and reconstructed with the Sonoma Ridge development. The current project proposes to reconstruct the un-improved section of Riverview Road between Homeward Hills Road and Sonoma Ridge/Parker Drive. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR RIVERVIEW ROAD STREET AND UTILITY IMPROVEMENTS I.C. 52-157 WHEREAS, the City Engineer, with the assistance of HTPO, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 52-157—Riverview Road Street and Utility Improvements and has presented such plans and specification to the Council for approval. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on July 15, 2008. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 52-157 ITEM NO.: VIII.M. Al Gray Receive Feasibility Report and Set Public Works/Engineering Public Hearing for Riverview Road Street and Utility Improvements Requested Action Move to: Adopt Resolution receiving feasibility study and setting a public hearing for August 19, 2008, for Riverview Road street and utility improvements Synopsis The City Engineer has completed a study of street and utility improvements for the segment of Riverview Road between Parker Drive and Homeward Hills Road and presented the results in a feasibility study. The study concludes that the improvements are feasible and necessary. Background Information The segment of Riverview Road between Parker Drive and Homeward Hills Road is a narrow bituminous surface in poor condition. There is no pedestrian facility serving the adjoining neighborhoods. The proposed improvements will correct these deficiencies and improve the visual character of the corridor. Attachments • Feasibility Study • Resolution CITY OF EDEN PRAIRIE RIVERVIEW ROAD (Parker Drive to Homeward Hills Road) FEASIBILITY STUDY Street and Utility Improvements Improvement Contract No. 52-157 Prepared by: Assisted by: City of Eden Prairie HTPO Public Works Department 7510 Market Place Drive Engineering Division Eden Prairie,MN 55344-3644 8080 Mitchell Road Eden Prairie,MN 55344-4485 TABLE OF CONTENTS PAGE TABLE OF CONTENTS .1 CERTIFICATION 2 REPORT CONTENT I. INTRODUCTION II. STREET and STORM SEWER III. WATERMAIN IV. SANITARY SEWER V. PROJECT COST SUMMARY VI. CONCLUSIONS AND RECOMMENDATIONS PRELIMINARY ASSESSMENT ROLL- STREET IMPROVEMENTS PRELIMINARY ASSESSMENT ROLL-UTILITY IMPROVEMENTS PUBLIC HEARING NOTICE PROJECT SCHEDULE TABLE I-ESTIMATED COSTS Figure No. 1 STREET and STORM DRAINAGE IMPROVEMENTS Figure No. 2 UTILITY IMPROVEMENTS CERTIFICATION I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Alan D. Gray Reg. No. 11023 July, 2008 Date Page 2 INTRODUCTION This report presents the results of a preliminary engineering study of street and utility improvements for the segment of Riverview Road between Homeward Hills Road and Parker Drive. Riverview Road,together with Homeward Hills Road, forms a residential collector system connecting the Bluffs West area to TH 169 on the east and Pioneer Trail on the north. This segment of Riverview Road is bordered on the north by the Bell Oaks subdivisions and on the south by the Bell Oaks Estates subdivisions and one 22-acre parcel identified on Figure 1 as parcel No. 76. The current roadway surface is a narrow asphalt pavement in poor condition. There is no current pedestrian facility. Due to its poor structural condition, this segment is currently load restricted to 4 tons year-round. The existing street is a rural section with poorly defined drainage. The sandy soils in the area likely provide for significant infiltration. Today, the condition of the road may detract from the positive character of the adjoining neighborhoods. II. STREET and STORM SEWER The segment of Riverview Road proposed for improvement is shown on Figure 1. It is classified as a collector and provides one of two access routes to the Bluffs West area. The recommended street section is two lanes, 28 feet in width with B-618 curb and gutter. This proposed width does not provide for parking. The improved segment will be signed"no parking". An 8-foot bituminous trail is proposed for the north side, extending the full length of the project in accordance with the City's Trail Plan. A storm drainage system will be incorporated within the right-of-way serving the street, trail and directly adjacent drainage areas in their current level of development. This proposed system will outlet through existing storm sewers on the north side of Riverview Road to Purgatory Creek. This outlet was planned in the design of the Bell Oaks subdivision. It will occur through Outlet A, Bell Oaks 2nd Addition. This .35-acre Outlot is encumbered with a platted drainage and utility easement to accommodate this use. Since the planning of the Bell Oaks subdivision in 1988, stormwater management standards have been enhanced to include provisions for treatment and infiltration. To provide for these enhancements, it is proposed to add large sump structures to the storm drainage system for the removal of coarse sediments and to grade Outlot A to provide for enhanced treatment and infiltration of stormwater. This grading will occur within the dedicated drainage and utility easements over Outlot A. When the Bell Oaks development was under consideration by the City in 1988, it was proposed that the new subdivision would participate in future improvements to the abutting segment of Riverview Road. This participation would be consistent with prior Bluffs West subdivisions abutting Homeward Hills Road. This participation was monumented in the form of an Assessment Agreement dated May 30, 1989, which provided for assessments to 74 of 85 lots in the proposed Bell Oaks subdivision. The Assessment Agreement anticipated the assessments be based on one-half the cost of the street and storm drainage improvements of the segment abutting the subdivision. Actual improvements would occur at a future date. The City would prepare a Feasibility Study to determine assessments to the 74 Bell Oaks lots and other properties abutting the segment. For the purpose of determining the proposed assessments, the estimated cost of the street, stormwater and trail improvements have been separated to reflect the original Agreement. These estimated construction and engineering costs are shown on Table 1. The column labeled"Street and Storm Sewer"includes the street and basic storm sewer based on the standards utilized at the time of the Assessment Agreement. This column Page 3 reflects the project costs as contemplated by the Assessment Agreement. The next column represents the trail construction costs and a portion of storm sewer costs allocated to the impact of trail construction. The third column on Table 1 includes the water quality and infiltration components of the proposed system. These costs are due to changes in system criteria implemented since the 1989 Assessment Agreement. The trail and water quality component costs shown in the second and third columns on Table 1 are City costs that are excluded from special assessments. Riverview Road is the gateway to the Bell Oaks subdivision and is used by its residents for ingress and egress. The current condition of the road requires reconstruction. Bell Oaks properties will benefit from the structural and aesthetic improvements proposed and the addition of the trail connection. In accordance with the Assessment Agreement, it is proposed to assess one-half the cost for street improvements shown in the first column of Table 1 ($267,100) to the 74 lots in the Bell Oaks subdivision referenced in the Assessment Agreement. An administrative fee of 9% and interim financing of 1% are added to construction and engineering costs, in accordance with the City's Assessment Policy to determine total assessable costs. It is therefore proposed to assess a total cost of$293,780 to the 74 Bell Oaks lots. Each lot's assessment is proposed as $3,970. In 1999, the City Council adopted Resolution 99-157 to allow the release of Bell Oaks lots from the Assessment Agreement upon the receipt of the sum of$3,800. Eighteen Bell Oaks owners have implemented this option. The Preliminary Assessment Roll shows the proposed assessment to each Bell Oaks property. Properties that have been released by payment of the lump sum are shown as previously assessed. Properties abutting the south side of this segment of Riverview Road will benefit from the improvements in a similar manner as Bell Oaks properties. These properties include the Bell Oaks Estates subdivisions and one undeveloped property labeled parcel 76 on Figure 1. Parcel 76 is guided for low-density residential use and its development potential is estimated as 12 units. There are a total of 14 Bell Oaks Estates lots. Since their benefits are considered equivalent, it is proposed to assess each of the lot units along the south side of this segment an amount equivalent to the Bell Oaks lots. It is therefore proposed to assess each Bell Oaks Estates lot and each of the 12 potential lots in Parcel 76 the amount of$3,970. Each of these lots and their proposed assessments are shown on the Preliminary Assessment Roll. The project costs for street,trail and storm drainage in excess of proposed assessments will comprise a City share to be funded from State Aid and Storm Water Utility funds. State Aid will be the primary funding source. Storm Water Utility may fund any stormwater improvements not eligible for State Aid. The proposed assessment to each lot or parcel is shown on the Preliminary Assessment Roll—Street Improvements that is included in this report. III. WATERMAIN With exception of Parcel 76, all land parcels along this segment of Riverview Road have adequate water service. Parcel 76 has access to one residential water service serving the current home on the parcel thorough the Bell Oaks Estates subdivisions. In order to provide for future development of Parcel 76, a short extension of 8-inch watermain, as shown on Figure 2, is proposed. This extension will provide the parcel with adequate water capacity to support its future subdivision. The estimated construction cost for this watermain extension,as shown on Table 1, is $6,000. This extension uniquely benefits Parcel 76 by providing a level of service that will support future subdivision of the property. It is therefore proposed to assess the entire cost of watermain improvements to Parcel 76. Page 4 The assessable costs are shown on Table 1 and on the Preliminary Assessment Roll—Utility Improvements. IV. SANITARY SEWER With the exception of Parcel 76, all land parcels along this segment have adequate sewer service. As with water service, a short extension of sanitary sewer is proposed, as shown on Figure 2, to provide adequate service for future development. The estimated construction cost for sanitary sewer improvements, as shown on Table 1, is $18,000. In a similar manner as proposed watermain improvements,Parcel 76 is uniquely benefited by the proposed sanitary sewer extension. It is therefore proposed to assess the entire cost of sanitary sewer improvements to Parcel 76. The assessable costs are shown on Table 1 and on the Preliminary Assessment Roll—Utility Improvements. V. PROJECT COST SUMMARY Table 1 summarizes the estimated cost for the various components of the project. These costs are based upon anticipated construction costs, assuming adequate subsurface soil conditions. Approximately 67%of the street improvement costs and 100%of the watermain and sanitary sewer improvement costs are proposed to be assessed to adjoining area properties. These proposed assessments are consistent with the City's Special Assessment Policy, an Assessment Agreement for Bell Oaks properties and the past policies and practices of the City in constructing improvements to the collector road system in the Bluffs West area and other areas of the community. Costs not assessed. VI. CONCLUSIONS AND RECOMMENDATIONS Based on this study, Improvement Contract No. 52-157 is feasible, cost effective,necessary,and the resulting benefit will equal or exceed the proposed assessments to the abutting properties. It is therefore recommended that the Eden Prairie City Council proceed with the project on a schedule similar to the one suggested in this report. Page 5 CITY OF EDEN PRAIRIE NOTICE OF HEARING ON PROPOSED PUBLIC WORKS IMPROVEMENTS I.C. 52-157 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the City's Administration Building, 8080 Mitchell Road, at 7:00 p.m. on August 19, 2008 to consider the making of the following described improvements: I.C. 52-157— Riverview Road street and utility improvements located in the West one-half of Section 36, Township 116,Range 22,Hennepin County,Minnesota. Pursuant to Minnesota State Laws, Section 429.011 to 429.111, the area proposed to be assessed for such improvements is all that property within or abutting on the above described limits. Written or oral comments relating to the proposed improvements will be received at this meeting. By Order of the City Council Kathleen Porta, City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55343 Publish: Eden Prairie News on July 24&July 31,2008 Page 6 PROJECT SCHEDULE (I.C. 52-157) July 15, 2008 Present Feasibility Report to City Council July 16, 2008 Deliver Notice of Public Hearing to Eden Prairie News and Publish July 24 and July 31, 2008 July 24, 2008 Mail Notice of Public Hearing to Public August 19, 2008 Hold Public Hearing, Order Improvements and Award Contract November,2008 Substantial Completion,Final Assessment Hearing Spring,2009 Assessments First Appear on Tax Statements Page 7 TABLE 1 ESTIMATED COSTS EDEN PRAIRIE IMPROVEMENT CONTRACT NO. 52-157 Riverview Road Street and Utility Improvements Street & Stormwater Storm Sewer Trail Pond/Infiltration Watermain Sanitary Sewer Total Construction $452,700 $145,000 $98,300 $6,000 $18,000 $720,000 Engineering $81,500 $26,100 $17,700 $1,100 $3,200 $129,600 Total $534,200 $171,100 $116,000 $7,100 $21,200 $849,600 Bell Oaks Share $267,100 0 0 0 0 9% Administration Fee $24,010 $540 $1,620 $26,170 1% Capitalized Interest $2,670 $60 $180 $2,910 Total Assessment Cost $293,780 $7,700 $23,000 PRELIMINARY ASSESSMENT ROLL RIVERVIEW ROAD STREET IMPROVEMENTS I.C. 52-157 Parcel # PID# Owner Name Legal Lot Unit Amount (1) 1 3611622230008 Alan /Jennifer Littman Lot 1, Block 1, Bell Oaks 2nd 1 $3,970 2 3611622230009 Chris/Jeanie Dahlquist Lot 2, Block 1, Bell Oaks 2nd 1 $3,970 3 3611622230010 Michael / Rachel Grondahl Lot 3, Block 1, Bell Oaks 2nd 1 P.P. (2) 4 3611622230011 Douglas/ Rebecca Neve Lot 4, Block 1, Bell Oaks 2nd 1 $3,970 5 3611622230012 Michael / Lisa O'Shaughnessy Lot 5, Block 1, Bell Oaks 2nd 1 P.P. (2) 6 3611622230013 Washington Mutual Bank Lot 6, Block 1, Bell Oaks 2nd 1 $3,970 7 3611622230014 Wolfgang/Mary Schroeder Lot 7, Block 1, Bell Oaks 2nd 1 $3,970 8 3611622230015 John /Janice Schmelzle Lot 8, Block 1, Bell Oaks 2nd 1 $3,970 9 3611622230016 Edward / Linda Carney Lot 9, Block 1, Bell Oaks 2nd 1 P.P. (2) 10 3611622230017 Mark/Shannon Merry Lot 10, Block 1, Bell Oaks 2nd 1 $3,970 11 3611622230018 Mark/Susan Halverson Lot 1, Block 2, Bell Oaks 2nd 1 $3,970 12 3611622230019 Christine/Robert Hartman III Lot 2, Block 2, Bell Oaks 2nd 1 $3,970 13 3611622230020 John /Julie Heinmiller Lot 3, Block 2, Bell Oaks 2nd 1 P.P. (2) 14 3611622230021 Sherman/Cara Black Lot 4, Block 2, Bell Oaks 2nd 1 $3,970 15 3611622230022 Stephen / Deborah Benedict Lot 5, Block 2, Bell Oaks 2nd 1 $3,970 16 3611622230023 Elmer/Judith Swensen Lot 6, Block 2, Bell Oaks 2nd 1 $3,970 17 3611622230024 John /Teresa Eversman Lot 1, Block 3, Bell Oaks 2nd 1 $3,970 18 3611622230025 Elmer/Judith Swensen Lot 2, Block 3, Bell Oaks 2nd 1 P.P. (2) 19 3611622230026 Scott Smith/ Kathryn Shelgren Lot 3, Block 3, Bell Oaks 2nd 1 $3,970 20 3611622230027 Randall / Kelley Lewis Lot 4, Block 3, Bell Oaks 2nd 1 $3,970 21 3611622230028 Lloyd / Nancy Stenbeck Lot 5, Block 3, Bell Oaks 2nd 1 $3,970 G:Engineering/IC#s/52-157/Preliminary Assessment Roll 2" 22 3611622230030 Lynn Speaker/Constance Walters-Speaker Lot 1, Block 1, Bell Oaks 3rd 1 $3,970 23 3611622230031 Bryan/Marsha Virgin Lot 2, Block 1, Bell Oaks 3rd 1 $3,970 24 3611622230032 Bradley/ Elizabeth Stratton Lot 3, Block 1, Bell Oaks 3rd 1 $3,970 25 3611622230033 Demetrios & Martha Demetriou Lot 4, Block 1, Bell Oaks 3rd 1 $3,970 26 3611622230034 Doug/Amy Frazzini Lot 5, Block 1, Bell Oaks 3rd 1 $3,970 27 3611622230035 William / Patricia Knoblauch Lot 6, Block 1, Bell Oaks 3rd 1 $3,970 28 3611622230036 David Reid / Danielle Moran Lot 7, Block 1, Bell Oaks 3rd 1 $3,970 29 3611622230037 Prince/Sandra Wallace Lot 8, Block 1, Bell Oaks 3rd 1 P.P. (2) 30 3611622230038 Paul / Martha Dworak Lot 9, Block 1, Bell Oaks 3rd 1 $3,970 31 3611622230041 Edward / Kathleen Heil Jr. Lot 1, Block 1, Bell Oaks 4th 1 P.P. (2) 32 3611622230042 Robert/Joan Miller Lot 2, Block 1, Bell Oaks 4th 1 $3,970 33 3611622230043 Wesley/Susan Sund Lot 3, Block 1, Bell Oaks 4th 1 $3,970 34 3611622230044 Mark/Charlene Altman Lot 4, Block 1, Bell Oaks 4th 1 $3,970 35 3611622230045 Jacobus Vrolijk/Susan Cartwright Lot 5, Block 1, Bell Oaks 4th 1 P.P. (2) 36 3611622230046 Bruce/Lynne Mallory Lot 6, Block 1, Bell Oaks 4th 1 $3,970 37 3611622230049 William /Janet Stacey Lot 1, Block 1, Bell Oaks 5th 1 P.P. (2) 38 3611622230050 John / Ellen McQueen Lot 2, Block 1, Bell Oaks 5th 1 $3,970 39 3611622230051 Shawn /Angela O'Leary Lot 3, Block 1, Bell Oaks 5th 1 $3,970 40 3611622230052 Edward / Katherine Karr Lot 4, Block 1, Bell Oaks 5th I 1 $3,970 41 3611622230053 Kenneth Mumford / Ria Neuendorff Lot 5, Block 1, Bell Oaks 5th 1 $3,970 42 3611622230054 Richard Kendrick/Alexandra Jaritz Lot 6, Block 1, Bell Oaks 5th 1 $3,970 43 3611622230055 Daniel / Elizabeth Wilczek Lot 1, Block 1, Bell Oaks 6th 1 $3,970 44 3611622230057 Frederick/ Betty Vitt Lot 1, Block 1, Bell Oaks 7th 1 $3,970 45 3611622230058 Lorraine Lucas Lot 2, Block 1, Bell Oaks 7th 1 $3,970 46 3611622230059 James Bissonett Lot 3, Block 1, Bell Oaks 7th 1 $3,970 47 3611622230060 Larry/ Helen Roybal Lot 4, Block 1, Bell Oaks 7th 1 $3,970 G:Engineering/IC#s/52-157/Preliminary Assessment Roll 2" 48 3611622230061 John /Caroline Lindeman Lot 5, Block 1, Bell Oaks 7th 1 $3,970 49 3611622230062 David /Jeannette Reamsnyder Lot 6, Block 1, Bell Oaks 7th 1 $3,970 50 3611622230068 Barclays Capital RE Inc Lot 3, Block 1, Bell Oaks Estate 8th 1 $3,970 51 3611622230070 Travis Scott Lot 1, Block 1, Bell Oaks 8th 1 P.P. (2) 52 3611622230071 Marni Bond Lot 2, Block 1, Bell Oaks Estate 8th 2 $7,940 53 3611622240002 John /Sandra Lindquist Lot 2, Block 1, Bell Oaks 1st 1 P.P. (2) 54 3611622240004 Dennis/Christine Kudelka Lot 4, Block 1, Bell Oaks 1st 1 $3,970 55 3611622240006 James/Traci Lahner Lot 2, Block 2, Bell Oaks 1st 1 P.P. (2) 56 3611622240007 Virginia Rowland Lot 3, Block 2, Bell Oaks 1st 1 $3,970 57 3611622240008 Hani/Ghson Kotifani Lot 4, Block 2, Bell Oaks 1st 1 P.P. (2) 58 3611622240010 Patina Ellis Lot 6, Block 2, Bell Oaks 1st 1 $3,970 59 3611622240012 Joseph / Loretta Swanson Lot 8, Block 2, Bell Oaks 1st 1 $3,970 60 3611622240014 Brett/ Michelle Swenson Lot 10, Block 2, Bell Oaks 1st 1 $3,970 61 3611622240016 John /Cheryl Witham Lot 12, Block 2, Bell Oaks 1st 1 $3,970 62 3611622240018 Robert/ Ilse Norris Lot 14, Block 2, Bell Oaks 1st 1 $3,970 63 3611622240019 Peter/Sandra Griffin Lot 15, Block 2, Bell Oaks 1st 1 P.P. (2) 64 3611622240020 Jonathan / Kristen Olson Lot 16, Block 2, Bell Oaks 1st 1 $3,970 65 3611622240021 Richard /Allison Skanse Lot 17, Block 2, Bell Oaks 1st 1 $3,970 66 3611622240022 Douglas/Gloria Faust Lot 18, Block 2, Bell Oaks 1st1 1 $3,970 67 3611622240023 Carol / Dale Hanson Lot 19, Block 2, Bell Oaks 1st 1 $3,970 68 3611622240024 John /Cynthia Hoaglund Lot 20, Block 2, Bell Oaks 1st 1 $3,970 69 3611622240025 G. Patrick Bonnie/ Mary Krapf Lot 21, Block 2, Bell Oaks 1st 1 $3,970 70 3611622240027 John /Valerie Donovan Lot 23, Block 2, Bell Oaks 1st 1 P.P. (2) 71 3611622240031 Renzo/Sandra Rotti Lot 11, Block 1, Bell Oaks 2nd 1 $3,970 72 3611622240032 Khoa Cao/ Ngoc-Bich Tran Lot 12, Block 1, Bell Oaks 2nd 1 P.P. (2) 73 3611622240033 Gary/ Pamela Pech Lot 13, Block 1, Bell Oaks 2nd 1 $3,970 G:Engineering/IC#s/52-157/Preliminary Assessment Roll 2" 74 3611622240034 Jeffrey Xie/Jennifer Cai Lot 14, Block 1, Bell Oaks 2nd 1 P.P. (2) 75 3611622240035 Stuart/Alexa Smith Lot 6, Block 3, Bell Oaks 2nd 1 P.P. (2) 76 3611622310005 Michael /Amy Gresser Unplatted 36-116-22 12 $47,640 77 3611622320004 Timothy/Valerie Doherty Lot 1, Block 1, Bell Oaks Estate Additic 1 $3,970 78 3611622320007 Country Inn Inc. Lot 1, Block 1, Bell Oaks Estate 2nd 1 $3,970 79 3611622320015 Walter/ Melanie Gallagher Lot 1, Block 1, Bell Oaks Estate 4th 1 $3,970 80 3611622320016 Gary/ Mary Morgan Lot 1, Block 2, Bell Oaks Estate 4th 1 $3,970 81 3611622320020 Sarah Chamberlain Lot 1, Block 1, Bell Oaks Estate 5th 1 $3,970 82 3611622320022 Frank/ Barbara Heffelfinger Lot 1, Block 1, Bell Oaks Estate 6th 1 $3,970 83 3611622320024 James/ Marilyn Dutcher Lot 1, Block 1, Bell Oaks Estate 7th 1 $3,970 84 3611622320025 James/Sandra Peterson Lot 2, Block 1, Bell Oaks Estate 7th 1 $3,970 85 3611622320026 Ronald Weeks Lot 1, Block 2, Bell Oaks Estate 7th 1 $3,970 86 3611622320029 Timothy/Valerie Doherty Lot 4, Block 1, Bell Oaks Estate 8th 1 $3,970 87 3611622320030 Jeffrey/Cheryl Cowan Lot 1, Block 2, Bell Oaks Estate 8th 1 $3,970 88 3611622240005 Peter/Cynthia De-Cesare Lot 1, Block 2, Bell Oaks 1st 1 $3,970 TOTAL $397,000 1 = Based on a unit rate of$3,970 2 = Previously paid $3,800 and released from Riverview Road Assessments, in accordance with Resolution 99-157. G:Engineering/IC#s/52-157/Preliminary Assessment Roll 2" PRELIMINARY ASSESSMENT ROLL RIVERVIEW ROAD UTILITY IMPROVEMENTS I.C. 52-157 Parcel # PID# Owner Name Legal Watermain Sanitary Sewer 76 (1) 361 1 62231 0005 Michael /Amy Gresser Unplatted 36-116-22 $7,700 $23,000 1 = Subject to trunk sanitary sewer and water assessmeents at time of development G:Engineering/IC#s/52-157/Preliminary Assessment Roll-Utility" I emir- "pry sr um irow 4 LEGEND . 44 45 46 47 \ TW 30 48 35 w<0 no c4,,,s,:,, o�• 2 _L ±,,, _ 33, or 25 26 7 ,, TRY ,Av Street Improvements 32 23 ® Proposed Pond dna 31 ® 11 12 73 70 PU-DEY ROA, , 62 0 1 4111VAlli 5w © ®® > 56 1111111 60 52 - Y 10 71 72 K 50Aihr RIVE' EW RO•i 54 0- 88 '85 59 BII 81I OAKS 76 79 C'1 Oft 77 : �, • 84 retis h 80 78 RP CITY OF EDEN PRAIRIE FIGURE 1 EDEN RIVERVIEW ROAD July 9,2008 PRAIRIE STREET LAYOUT 74 53 56 ny n 55 58 73 w 1 72 n 54 < 88 EW 76 w 0 n Q r � J 0 7 0 LEGEND min Proposed Watermain Proposed Sanitary Sewer RI CITY OF EDEN PRAIRIE FIGURE 2 July 9, 2008 PRAIRIEEDEN RIVERVIEW ROAD UTILITIES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING I.C. 52-157 WHEREAS, a report has been given by the City Engineer, recommending the following improvements to wit: I.C. 52-157 Riverview Road Street and Utility Improvements NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on August 19, 2008 at 7:00 p.m. at the Eden Prairie City Hall, 8080 Mitchell Road. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on July 15, 2008. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Rick Wahlen Award Contract to Ellingson Drainage, Public Works/UtilitiesInc. for the Replacement of 1,000 feet of the W. 78th St. Water Main Requested Action Move to: Award contract for the replacement of approximately 1,000 feet of water main along West 78th Street to Ellingson Drainage, Inc. of West Concord, MN, in the amount of$110,045.04. Synopsis The City of Eden Prairie Utilities Division opened sealed bids on June 26, 2008 for the construction of a new replacement 12-inch plastic watermain to replace the problematic ductile iron watermain along the south side of West 78th Street. The bid tabulation from the three contractors who submitted bids is attached. The bids were all very close, within $3,500 of each other. Ellingson Drainage completed the directional drilling of a new portion of water main along Scenic Heights Boulevard, making this the second project for them in Eden Prairie this summer. Background Information The 1,000 feet of 12-inch ductile iron watermain being replaced is bedded in the swamp area immediately north of and alongside West 78th Street just east of Prairie Center Drive. This portion of the main has experienced 6 leaks due to corrosion penetration of the ductile iron pipe wall, and in each case, repair of the failure was exacerbated by the difficult soil conditions within the swamp. Costs of repairs for typical main breaks in Eden Prairie are approximately $2,500 to $3,200 per event. Along West 78t Street, each repair was more than double the normal cost, due to problems in getting heavy equipment into the swamp to make the repairs. It is apparent the corrosive conditions found in the swamp is degrading the watermain at a very rapid rate, and a more permanent solution will save money in the long run and provide better customer service. Staff recommends acceptance of the low bid to replace the ductile iron water main with high- density polyethylene installed by the directional drilling method. The project will be paid from the Utility Construction Fund. Attachment • Bid Tabulation Sheet TABULATION OF BIDS 2008 WATERMAIN LINING CITY OF EDEN PRAIRIE,MINNESOTA IMPROVEMENT CONTRACT NO.8713 TKDA PROJECT NO.14089.005 ALTERNATE BIDS OPENED:JUNE 26,2008,AT 2:00 PM "DENOTES ERROR IN BIDDERS CALCULATION ENGINEER'S ESTIMATE ELLINGSON DRAINAGE INC. PARROTT GM CONTRACTING,INC. CONTRACTING,INC. TEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT ALTERNATE BID NO.1-WATERMAIN IIPROVEMENTS 1 MOBILIZATION 1.00 LS $ 4,500.00 $ 4,500.00 $ 6,808.00 $ 6,808.00 $ 7,250.00 $ 7,250.00 $ 4,800.00 $ 4,800.00 2 TRAFFIC CONTROL 1.00 LS $ 2,250.00 $ 2,250.00 $ 4,000.00 $ 4,000,00 $ 750.00 $ 750.00 $ 2,427.14 $ 2,427.14 3 DIRECTIONAL DRILL WATERMAIN 1,048.00 LF $ 70.00 $ 73,360.00 $ ,63.00 $ 66,024.00 - $ 78.20 $ 81,953.60 $ 79.25 $ 83,054.00 4 F&I 6"GATE VALVE&BOX 1.00 EA $ 1,500.00 $ 1,500.00 $ 800.00 $ 800.00 $ 1,250.00 $ 1,250.00 $ 1,852.01 $ 1,852.01 5 F&I DUCTILE IRON FITTINGS 973.00 LBS $ 6.00 $ 5,838.00 $ 2.48 $ 2,413.04 $ 3.75 $ 3,648.75 $ 6.22 $ 6,052.06 6 REMOVE,EXCAVATE,RESTORE ACCESS PIT 4.00 EA $ 2,500.00 $ 10,000.00 $ 7,500.00. $ 30,000.00 $ 4,500.00 $ 18,000.00 $ 3,812.76 $ 15,251.04 TOTAL ALTERNATE BID AMOUNT $ 97,448.00 $ 110,045.04 $ 112,852.35 $ 113,436.25 • • • • Page 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Stuart Fox, Parks and Natural Staring Lake Park Amphitheater Resources Manager Reconstruction Bids Requested Action Move to: Award the bid for reconstruction of Staring Lake Park Amphitheater Reconstruction to Sunram Construction in the amount of$228,699.00 Synopsis The City of Eden Prairie advertised for the reconstruction of Staring Lake Park Amphitheater terrace retaining walls and stairways. Plans and specifications were prepared utilizing HTPO consulting services and the City received five bids from prospective contractors. The scope of the work is to remove the current wood retaining walls and replace them with concrete modular style materials. In addition the concrete steps and landings, conduits for sound wiring, new hand railings are included in the project. The funding for this renovation project comes from the 2008 CIP Budget using Park Improvement Funds. The approved budget amount for the project is $260,000. The total work of this restoration project includes replacement of the wood retaining walls, stairways and railings, replacement of the siding on the building and stage decking. The bids that were received were for the terrace walls, concrete stairway and landings work. The additional restoration work of the facility will be done this fall by purchasing the construction materials and using park maintenance staff to re-side the building and replace the stage decking. The summary of the Staring Lake Park Amphitheater Reconstruction bids is as follows: Bidder Base Bid Alternate Bid 1. Sunram Construction $179,774.00 $228,699.00 2. Structures Hardscape Spec. $180,412.00 $239,712.00 3. LS Black Constructors, LLC $183,451.00 $241,551.00 4. Blackstone Contractors, LLC $206,274.50 $246,849.50 5. Rosti Construction $240,150.00 $272,750.00 The engineer estimate for the project base bid was $254,416.00 and $248,416.00 for the alternate bid. Staring Lake Park Amphitheater Reconstruction Bids July 15, 2008 Page 2 The primary difference between the base bid and the alternate bid is the retaining wall materials. In the base bid the retaining walls are made of standard"sculptured rockface"pattern modular blocks. The base wall material has a surface face that is 8 inches high and 18 inches wide with a 4 inch thick top cap. The material for the alternate bid is for a"wet cast"modular big block that has a surface face that is 16 inches high and 48 inches wide with a 6 1/2 in thick top cap. (see attached sheet for block comparisons) Each of the submitters has met the guidelines as detailed in the bid specifications and staff recommends the bid award go to Sunram Construction in the amount of$228,699.00, exercising the Alternate Bid portion of the specifications. Recommendation The staff is recommending the alternate bid due to the cleaner and smoother face surface of the wall materials. The larger wet cast material will have a wider seating area on the top of the wall that will better accommodate those watching the performances at the amphitheater who attend without a chair or blanket. Additionally with heavier blocks and fewer seams there is less likelihood of vandalism or displacement of the wall cap. The timetable laid out in the bid package is for the construction to start at the end of July and be complete by October 3, 2008. Attachments Photos of the modular block and wet cast block types ogr I' ', „ �a a y�T ..0 if 4. .}- a-.r .�.•, •i +�•;r-ga'fit ,pir 'R T� .44 11 �v,rav/r . - . :: , 101 ..•.....Z....%„:„4„,,,'„,...!..........,....777..,;.,....•.:... r..,..........-:• ......4. ....... ..... ..(1411r -.WO, . ,,r ! u a . . I. 'r4 "MY 4r�r*` 'Fa ,. A .T.. . r• R R a , • W , *aTr` :r ~ +3• - !� r `• l ' 14 _. .-'" ' .,r,..., -.s .-•,t+f A"r".64". '4 a�. Base Bid Material - sculptured rockface modular block 1 w W • i Alternate Bid Material - wet cast modular block CITY COUNCIL AGENDA DATE: July 15, 2008 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.P. Scott H. Neal, City Manager Resolution approving MnDOT Amendment No. of Agreement No. 86458 Requested Action Move to: Adopt Resolution approving MnDOT Amendment No. of Agreement No. 86458 Synopsis This motion approves an amendment to the cooperative construction agreement for the traffic signalization project at the intersection of state, county and city roads at Hennepin Town Road/T.H. 169/Pioneer Trail. The project has been completed. Staff has reviewed the proposed amendment and recommends approval of this motion by the City Council. Attachments Resolution Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- IT IS RESOLVED that the City of Eden Prairie enter into Mn/DOT Amendment No. 1 of Agreement No. 86458 with the State of Minnesota, Department of Transportation for the following purposes: To provide for the deletion of County reimbursable maintenance of the revised traffic control signal on Trunk Highway No. 169 West Frontage Road/Hennepin Town Road at County State Aid Highway No. 1 (Pioneer Trail) under State Project No. 2776-02 (T.H. 169=005), State Project No.'s 27-601-39, 107-427-05, 107-428-05 and 181-030-02, Fed. Proj. No. NH 0169(307) and Hennepin Co. No. PW 13-40-04. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. ADOPTED by the Eden Prairie City Council this 12th day of February, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Eden Prairie at an authorized meeting held on the 15th day of July, 2008, as shown by the minutes of the meeting in my possession. (Signature) Type or Print Name) (Title) Subscribed and sworn to before me this 15th day of July, 2008 Notary Public My Commission Expires Minnesota Department of Transportation Page I of 2 Metropolitan District Traffic Engineering Allan Espinoza Phone #: (651) 234-7812 Waters Edge Building, 2nd Floor South Fax#: (651) 234-7850 1500 West County Road B-2 Roseville, Minnesota 55113-3105 Date: May 30, 2008 To: Scott Neal Mark Bemhardson Eden Prairie City Manager Bloomington City Manager 8080 Mitchell Road, 1800 West Old Shakopee Road Eden Prairie, MN 55344 Bloomington, MN 55431-3027 (952) 949-8412 (952) 563-8780 James Grube Hennepin County Director and Engineer 1600 Prairie Drive, Medina, MN 55340 (612) 596-0300 From: Allan Espinoza Subject: Proposed Amendment No. 1 to Coop. Const. Agree. No 86458 Hennepin County, City of Bloomington and City of Eden Prairie S.P. 2776-02 (T.H. 169-005) S.P. 27-601-39, 107-427-05, 107-428-05 and 181-030-02 Fed. Proj. NH 0169 (307) Hennepin Co. No. PW 12-40-04 State Funds State maintenance of the revised traffic control signal Dear Mr. Neal, Enclosed,please find five (5) original copies of a proposed amendment to the original Agreement No. 86458 between the State of Minnesota(Mn/DOT), Hennepin County, the City of Bloomington and the City of Eden Prairie. This amendment provides for maintenance of the revised Traffic Control Signal on Trunk Highway No. 169 W. Frontage Rd./Hennepin Town Rd. at County State Aid Highway No. 1 (Pioneer Trail). Please present this agreement to the City Council for their approval and execution that shall include original signatures of the City Council authorized officers on all five (5) enclosed signature forms. Also required are five (5) copies of a resolution passed by the City Council authorizing its officers to sign the agreement in its behalf. Upon this action, please forward these documents to Mr. Mark Bernhardson of Bloomington for further processing. I have included a two-sided copy of the agreement for your records along with an instruction sheet for preparation and execution of resolutions and signature pages. Page 2 of 2 Mr. Bernhardson, Please process the agreements received from Mr. Neal that shall include original signatures of the City Council authorized officers on all five (5) enclosed signature forms. Also required are five (5) copies of a resolution passed by the City Council authorizing its officers to sign the agreement in its behalf. Upon this action, please forward these documents to Mr. James Grube of Hennepin County for further processing. I have included a two-sided copy of the agreement for your records along with an instruction sheet for preparation and execution of resolutions and signature pages. Mr. Grube, Please process the agreements received from Mr. Bernhardson that shall include original signatures of the County Board authorized officers on all five (5) enclosed signature fomis. Also required are five (5) copies of a resolution passed by the County Board authorizing its officers to sign the agreement in its behalf. Upon this action, return these documents to me for farther execution by Mn/DOT. When the agreements have been fully executed by Mn/DOT, original copies will be returned to the Cities of Bloomington and Eden Prairie, and to Hennepin County. I have included a two-sided copy of the agreement for your records along with an instruction sheet for preparation and execution of resolutions and signature pages. Please expedite this matter as time is of the essence. If there are any questions, feel free to contact me. Respectfully, Allan Espinoza CC: Scott Pederson, WE* James Grube Heather Lott, WE* Hennepin County Director and Engineer Tom O'Keefe, WE* Jolene Servatius, WE* Mark Bernhardson Mary Lunceford, WE* Bloomington City Manager Maryanne Kelly-Sonnek, CO* Dick Pientka, CO* Steve Misgen, WE* James Deans, CESU* Linda Heath, MESU* Amr Jabr, WE* Mike Gerbensky, WE* Michael Fairbanks, WE* Control Section 2776, District File * Electronic copy only PRE-LETTING STATE OF MINNESOTA AMENDMENT TO SERVICES DEPARTMENT OF TRANSPORTATION Mn/DOT SECTION COOPERATIVE CONSTRUCTION AGREEMENT NO. AGREEMENT 86458-R AMENDMENT NO. 1 S . P. 2776-02 (T.H. 169.005) S . P . 27-601-39, 107-427-05 , 107-428-05 and 181-030-02 Fed. Proj . NH 0169 (307) Hennepin Co. No. PW 12-40-04 State Funds The State of Minnesota ORIGINAL AMOUNT Department of Transportation, and RECEIVABLE Hennepin County- City of Bloomington- City of Eden Prairie HENNEPIN COUNTY Re : Hennepin County, City of $15, 471. 00 Bloomington and City of Eden Prairie cost of the Traffic BLOOMINGTON Control Signal construction by $20, 875 . 32 the State on T. H. 169 , and the amendment of Agreement No. 86458 EDEN PRAIRIE to cover maintenance of the $31, 843 . 80 Traffic Control Signal on T.H. 169 W. Frontage Rd. / Hennepin AMENDMENT AMOUNT Town Rd. at C . S .A.H. 1 (Pioneer RECEIVABLE Trail) , and the termination of $0 . 00 Agreement No . 86460-R THIS AGREEMENT AMENDMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and Hennepin County, Minnesota, acting by and through its County Board, hereinafter referred to as the "County" , the City of Bloomington, Minnesota, acting by and through its City Council , hereinafter referred to as "Bloomington" and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as "Eden Prairie" . 1 86458 -1 WHEREAS, the State, the County, Bloomington and Eden Prairie did enter into Cooperative Construction Agreement No . 86458 dated June 24 , 2004 providing for payment by the County, Bloomington and Eden Prairie to the State of the County' s, Bloomington' s and Eden Prairie' s share of the cost of the Traffic Control Signal construction and other associated construction to be performed upon, along and adjacent to the Trunk Highway No . 169 West Ramps at Anderson Lakes Parkway West Frontage Road and at County State Aid Highway No. 1 (Pioneer Trail) , on the Trunk Highway No. 169 East Ramps at Bloomington Ferry Road, and at County State Aid Highway No . 1 (Pioneer Trail) , on the Trunk Highway No. 169 West Frontage Road/Hennepin Town Road at County State Aid Highway No . 1 (Pioneer Trail) , and on Bloomington Ferry Road at Ensign Avenue/Veness Road within the corporate limits of Bloomington and Eden Prairie under State Project No. 2776-02 (T.H. 169=005) , State Projects No. ' s 27-601-39, 107-427-05, 107-428-05 and 181-030-02 , Fed. Proj . NH 0169 (307) and Hennepin County No. PW 12-40-04 ; and WHEREAS, after Cooperative Construction Agreement No . 86458 was fully executed, (1) it was determined that the County would no longer maintain the revised traffic control signal on the Trunk Highway No . 169 West Frontage Road/Hennepin Town Road at County State Aid Highway No . 1 (Pioneer Trail) on a reimbursable basis, and (2) because the County was no longer going to perform the reimbursable maintenance of the revised traffic control signal as provided for in Agreement No . 86458, between the parties, the agreement needed to be amended; and as provided for in Agreement No. 86460-R, between the County and the State, Agreement No . 86460-R would be terminated; and WHEREAS, the State, the County, Bloomington and Eden Prairie desire that Cooperative Construction Agreement No. 86458 be amended so that the Agreement reflects the new maintenance terms for the revised 2 86458-1 traffic control signal , which will now be performed by the State instead of the County. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS : I PARAGRAPH 8 OF COOPERATIVE CONSTRUCTION AGREEMENT NO. 86458 DATED June 24, 2004, IS HEREBY AMENDED AND MODIFIED TO READ AS FOLLOWS : Upon completion of this project (Revise System "A" ) , Eden Prairie will , at its cost and expense : (1) relamp the revised traffic control signal and street lights; (2) clean and paint (Federal color #10070) the revised traffic control signal , cabinet and luminaire mast arm extensions ; and (3) maintain the luminaires and all its components, including replacement of the luminaire if necessary. The State will , at its cost and expense, maintain the signing and interconnect and perform all other revised traffic control signal and street light maintenance . II PARAGRAPH 12 OF COOPERATIVE CONSTRUCTION AGREEMENT NO. 86458 DATED June 24, 2004, IS HEREBY AMENDED AND MODIFIED TO READ AS FOLLOWS: The EVP Systems will be installed, operated, maintained, or removed in accordance with the following conditions and requirements : 3 86458-1 a) All maintenance of the EVP Systems (System °A" Revise System "A" , "B" , "C" , and "D" ) must be done by State forces . b) All maintenance of the EVP System (Existing Traffic Control System) , including timing will be performed by the State, all on a reimbursable basis with Bloomington. c) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169 . 01 , Subdivision 5 . Authorized emergency vehicles may use emitter units only when responding to an emergency. Eden Prairie and Bloomington will provide the State' s Assistant Division Engineer or his designated representative a list of all vehicles with emitter units, upon request . d) Malfunction of the EVP Systems must be reported to the State immediately. e) In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after Eden Prairie and/or Bloomington receives written notice from the State, the State may remove the EVP Systems . Upon removal of the EVP Systems pursuant to this Paragraph, all of 4 864581 • its parts and components become the property of the State . f) All timing of the EVP Systems (Systems "A" , Revise System "A" , "B" "C" , and "D" ) will be determined by the State . III PARAGRAPH 18 OF COOPERATIVE CONSTRUCTION AGREEMENT NO. 86458 DATED June 24, 2004, IS HEREBY AMENDED AND MODIFIED TO READ AS FOLLOWS : All timing of the new Traffic Control Signals (Systems "A" , "B" , "C" , and "D" ) and the revised Traffic Control Signal (Revise System "A" ) will be determined by the State, and no changes may be made except with the approval of the State . IV PARAGRAPH 13 OF COOPERATIVE CONSTRUCTION AGREEMENT NO. 86458 DATED June 24, 2004, IS HEREBY AMENDED TO DELETE THE FOLLOWING WORDING AS IT APPEARS IN PARAGRAPH NO. 13 : The State and the County will enter into Traffic Control Maintenance Agreement No . 86460-R for the intersection of West Frontage Road/Hennepin Town Road at County State Aid Highway No. 1 (Pioneer Trail) covering maintenance of the traffic signal cabinet and control equipment , maintenance of the EVP System, repair of 5 86458-1 knockdowns of the Traffic Control Signal System, and performance of all other traffic control signal and street light maintenance not performed by Eden Prairie, and the responsibility for the timing and operation of the Traffic Control Signal and EVP System by State Forces and the terms and conditions covering payment by the County. V EXCEPT AS AMENDED AND MODIFIED HEREIN, ALL OF THE TERMS AND CONDITIONS SET FORTH IN COOPERATIVE CONSTRUCTION AGREEMENT NO. 86458 DATED DUNE 24, 2004, SHALL REMAIN IN FULL FORCE AND EFFECT. VI BEFORE THIS AGREEMENT AMENDMENT BECOMES BINDING AND EFFECTIVE, IT SHALL BE APPROVED BY A COUNTY BOARD OF COMMISSIONERS RESOLUTION AND CITY COUNCIL RESOLUTIONS AND EXECUTED BY SUCH STATE, COUNTY, BLOOMINGTON AND EDEN PRAIRIE OFFICERS AS THE LAW MAY PROVIDE IN ADDITION TO THE COMMISSIONER OF TRANSPORTATION OR THEIR AUTHORIZED REPRESENTATIVE. VII THE STATE ' S AUTHORIZED AGENT FOR THE PURPOSE OF THE ADMINISTRATION OF THIS AGREEMENT IS MARYANNE KELLY-SONNEK, MUNICIPAL AGREEMENTS ENGINEER, OR HER SUCCESSOR. HER CURRENT ADDRESS AND PHONE NUMBER ARE 395 JOHN IRELAND BOULEVARD, MAILSTOP 682, ST. PAUL, MN 55155 , (651) 366-4634 . 6 86458-1 THE COUNTY' S AUTHORIZED AGENT FOR THE PURPOSES OF THE ADMINISTRATION OF THIS AGREEMENT IS JAMES GRUBE, DIRECTOR AND COUNTY ENGINEER, OR HIS SUCCESSOR. HIS CURRENT ADDRESS AND PHONE NUMBER ARE 1600 PRAIRIE DRIVE, MEDINA, MN 55340, (612) 596-0300 . BLOOMINGTON' S AUTHORIZED AGENT FOR THE PURPOSES OF THE ADMINISTRATION OF THIS AGREEMENT IS MARK BERNHARDSON, CITY MANAGER, OR HIS SUCCESSOR. HIS CURRENT ADDRESS AND PHONE NUMBER ARE 1800 WEST OLD SHAKOPEE ROAD, BLOOMINGTON, MN 55431-3027 , (952) 563-8780 . EDEN PRAIRIE' S AUTHORIZED AGENT FOR THE PURPOSES OF THE ADMINISTRATION OF THIS AGREEMENT IS SCOTT NEAL, CITY MANAGER, OR HIS SUCCESSOR. HIS CURRENT ADDRESS AND PHONE NUMBER ARE 8080 MITCHELL ROAD, EDEN PRAIRIE, MN 55344, (952) 949-8412 . 7 86458-1 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers . HENNEPIN COUNTY CITY OF BLOOMINGTON Approved: By By • Mayor Chair of its County Board Date Date And Assistant/Deputy/ Date County Administrator By And Assistant County Administrator, Date Title Public Works Approved as to form: Date By Assistant County Attorney Date CITY OF EDEN PRAIRIE Approved as to execution: By By Mayor Assistant County Attorney Date Attest: Date By Deputy/Clerk of the County Board Date By Recommended for approval: Title By Director, Transportation Department Date And County Engineer Date 8 • 86458-1 DEPARTMENT OF TRANSPORTATION By Recommended for approval: Contract Management By Date District Engineer Approved: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By State Design Engineer By Date Date Approved as to form and execution: 9 CITY COUNCIL AGENDA DATE: SECTION: Consent July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 52-157 ITEM NO.: Rod Rue Prohibit Parking on Riverview Road from Public Works/Engineering Homeward Hills Road to Parker Drive. Requested Action Move to: Adopt resolution prohibiting parking on Riverview Road from Homeward Hills Road to Parker Drive. Synopsis With the approval of plans and specifications for the reconstruction of Riverview Road from Homeward Hills Road to Parker Drive, MnDOT State Aid requires a resolution prohibiting parking on this section of roadway. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- RESOLUTION PROHIBITING PARKING ON RIVERVIEW ROAD (HOMEWARD HILLS ROAD TO PARKER DRIVE) WHEREAS, the City Engineer has prepared plans and specifications for the following improvements to wit: I.C. 52-157 (S.A.P. No. 181-115-01) Riverview Road(Homeward Hills Road to Parker Drive) and has presented said plans and specifications to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that the City agrees to provide the enforcement for the prohibition of on-street parking on those portions of said Project I.C. 52-157 (S.A.P.No. 181-115-01)within its corporate limits. ADOPTED by the Eden Prairie City Council on July 15, 2008. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: July 15, 2008 SECTION: Public Hearing DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. IX.A. Community Development: Amendment to Tax Increment Financing Janet Jeremiah (TIF) District#15 —Summit Place Senior David Lindahl Housing Requested Action: Move to: • Close the City Council Public Hearing: and • Adopt Resolution approving the Amendment to the Tax Increment Financing Plan for TIF District No. 15 Synopsis: Silvercrest Properties, owners of the Summit Place Senior Apartments, is proposing to complete the last phase of their development with an 80-unit addition to their existing 265 unit project located on Flying Cloud Drive and Fountain Place Drive. This project is within a Tax Increment District established in 1999 for the purpose of providing affordable rents on 20 percent of the units. An additional 80 units will require that another 16 units be affordable to maintain TIF eligibility. All 16 affordable units will be located in the existing project area as independent units, versus assisted living or memory care units, which have a variety of medical, food, and other services bundled into the rents. The existing TIF plan and budget will be amended to include the additional 16 units and Tax Increment generated from the value of the new building addition. Background: Summit Place is a 12 acre senior campus with a total of 345 units planned for the site. Phase I was completed in 2002 and includes 10 town house units and a 255 unit apartment building with a mix of assisted living and independent units. Phase II, which received approval from the City Council 1999, will be an addition to the existing 265 unit apartment building and will include 80 units of assisted living and memory care units. The existing project has 170 independent units, 63 assisted living, and 32 memory care units. Attachments: Resolutions TIF Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING THE AMENDMENT TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 15. BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. On December 17, 1996, the City, pursuant to Minnesota Statutes section 469.001 to 469.047, as amended, approved a redevelopment plan, as defined in Minnesota Statutes Section 469.002, subdivision 16, designated as the Project Plan (the "Project Plan") for redevelopment Project No. 5 (the "Project Area") and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes Section 469.002, Subdivision 14 (the "Redevelopment Project"). 1.02. Pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes Sections 469.174 to 469.179, as amended (the "Act"), this Council established Tax Increment Financing District No. 15 (the "District") and adopted a Tax Increment Financing Plan therefor (the "Original TIF Plan") on July 20, 1999. The District comprises one tax parcel within the Redevelopment Project. Pursuant to the Act, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") adopted the Amendment to Tax Increment Financing Plan for Tax Increment Financing ("Qualified Housing"), District No. 15 (Eden Shores Senior Housing Campus, Phase II Expansion) (the "Amended TIF Plan"), which is now before this Council for approval. The Amended TIF Plan has been prepared in accordance with the Project Plan and is the proposed method for financing certain public redevelopment costs of redevelopment activities more fully set forth in the Amended TIF Plan. 1.03. Members of the board of County Commissioners of Hennepin County and of the Board of Education of Independent School District No. 272 have been given an opportunity to meet with the City and comment on the Amended TIF Plan. Pursuant to Minnesota Statutes Section 469.175, Subdivisions 3 and 4, this Council on July 15, 2008, conducted a public hearing on the desirability of approving the Amended TIF Plan. Notice of the public hearing was duly published as required by law in the Eden Prairie News, the official newspaper of the City, on July 3, 2008. The City has not received written comments on the Amended TIF Plan from the county and the school district after providing the county and the school district boards with information on the fiscal and economic implications of the Amended TIF Plan not less than 30 days before the date of the public hearing. 1.04. In addition to the notice and opportunity described in Section 1.03, as required by Minnesota Statutes Section 469.175, Subdivision 2a, the City, not less than 30 days before the publication of the notice of public hearing referred to in Section 1.03 delivered written notice to the members of the Board of County Commissioners of Hennepin County who represent the District. The notice contained a general description of the boundaries of the District, the proposed development activities to be undertaken therein, an offer by representatives of the City to meet and discuss the proposed District with county commissioner and solicitation of the commissioner's comments with respect to the District. 2. Approval of Amended TIF Plan. On the basis of the Amended TIF Plan and the information elicited at the public hearing referred to in Section 1.03, it is hereby found, determined and declared: 2.01 This Council hereby finds that the District is a Qualified Housing District. 2.02 This Council hereby finds that the private redevelopment proposed to be encouraged in the Redevelopment Project pursuant to the Amended TIF Plan would not, in the opinion of this Council, occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is deemed necessary. Without tax increment financing of the costs of redevelopment activities generally described by the Project Plan which increases the financial feasibility of the proposed redevelopment, private investment would not develop the District within the reasonably foreseeable future. 2.03 This Council hereby finds that the Amended TIF Plan conforms to the general plan for the development of the City as a whole. The development is compatible with the City's zoning ordinances and other related regulations and encourages efficient use of existing infrastructure as set forth in the City's Land Use Plan. 2.04 This Council hereby finds that the Amended TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the District by private enterprise. The redevelopment activities contemplated in the Amended TIF Plan would help to retard blight in the Redevelopment Project and provide an increase in low and moderate income housing opportunities in the City and enhance the tax base of the City. 2.05 As required by Section 49.176, Subdivision 4d, it is expected that all of the tax increment to be derived from the District will be used to finance costs of the low and moderate income housing project, including the cost of public improvements directly related thereto and allowable administration expenses of the Redevelopment Project. 2.06 Upon review of the Amended TIF Plan, the information elicited at the public hearing and on the basis of the findings in Sections 2.01 to 2.05, this Council hereby approves the Amended TIF Plan. 2.07 The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 2 Section 3. Additional Approvals. 3.01 The Amended TIF Plan, as presented to the council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Finance Manager. 3.02 The Finance Manager is further authorized and directed to file a copy of the Amended TIF Plan with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes section 469.175, Subd. 4a. 3.03 It is contemplated the public financial contribution contemplated in the Amended TIF Plan, including but not limited to tax increment financing may be secured by way of a mortgage on the property in the District. It is further contemplated that the developer will obtain construction and/or permanent financing and that it will be necessary for any security granted to the City and/or Authority to be subordinated to that of the developer's lender. The Approval hereby given to the Amended TIF Plan includes approval and the execution by the appropriate officers of the City of such additional documents necessary to acquire a secured interest in the property and to subordinate such interest, including a contingent assignment of any agreements regarding tax increment financing between the developer and the City and/or Authority, to the lien of the developer's construction and/or permanent financing. The Mayor and City Manager are authorized and directed to prepare and furnish certified copies of all proceedings and records of the City relating to this transaction and such other affidavits and certificates as may be required to show the facts related thereto as such facts appear on the books and records in the officers' custody and control or as otherwise known to them; all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City's counsel and the officials authorized herein to execute said documents prior to their execution; and said officials are hereby authorized to approve said changes on behalf of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. Passed by the City Council this 15th day of July, 2008. By: Phil Young Its: Mayor Attest: Kathleen Porta, City Clerk 3 Exhibit A RESOLUTION NO. 2008- The reasons and facts supporting the findings for the Amendment of Tax Increment Financing Plan for Tax Increment Financing District No. 15 ("Amended TIF Plan"), as required pursuant to Minnesota Statutes, Section 469.175, Subdivisions 3 and 4 are as set forth below. The studies and analyses supporting these findings are also identified and fully set forth in the Amended TIF Plan. 1. Finding that TIF District No. 15 District is a Qualified Housing District. This Council hereby finds that the District is a geographic area within a "project" as defined in Minnesota Statutes Section 469.174, Subdivision 8, and is a proper tax increment financing district within the meaning of Section 469.174, Subdivision 9. This Council further finds, based on the information in the Original TIF Plan, the Amended TIF Plan, and representations of the developer, that the District consists of a project intended for occupancy, in part, by persons or families of low and moderate income, as defined in Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1937, as amended, or similar federal legislation and the regulations promulgated thereunder. As evidence thereof, the developer represents that the project qualifies for the low-income housing tax credit under Section 42 of the Internal Review Code of 1986, as amended. In 2001, 265 units were developed in the District. In accordance with the applicable state requirements for qualified housing districts, at the time of District creation, it was determined that 20% of the total units created would not be subject to the low and moderate income requirements. This reduced the number of units subject to the requirements to 212 units, of which 20% of these units (43 units) are required to be occupied by individuals at or below 50% of the area median income, and have monthly rents of no more than 30% of maximum monthly gross income. The new project to be constructed in the District consists of an 80 unit memory care facility and no commercial or other uses are contemplated therein. 20% of the 80 units to be constructed, or 16 units, shall be made to be affordable in Phase I of the development. The District currently qualifies as a "housing district" and is maintaining affordability of 43 units. The District will continue to qualify as a"housing district"when the additional 16 units are made affordable. Therefore, the District qualifies as a "housing district" within the meaning of Minnesota Statutes Section 469.174, Subdivision 11. The income limitations of Section 469.1761 of the Act are applicable to tenants in the project, because the District is not located in a targeted area as defined in Minnesota Statutes Section 462C.02, Subdivision 9, Clause (e). 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The developer has represented to the City that the proposed development would not be feasible without assistance through tax increment financing. Further, the developer represents that it will 4 not move forward with the development without tax increment financing support. The existing improvements on the property were constructed by the developer through tax increment financing. Construction of the current improvements on the property began in 1999. The construction was carried out only after the City agreed to provide tax increment financing support. Prior to that, the property was not developed through private investment. Since the development of the current improvements, the vacant portion of the property has remained undeveloped. The City does not expect the vacant portion of the property to be developed through private investment within the reasonably foreseeable future. 3. Finding that the Amended TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The City's Comprehensive Guide Plan ("Guide Plan") currently guides the property as high density residential. High density residential calls for 10 to 40 residential units per acre. The Guide Plan calls for the development of housing units for seniors appropriate for the physical and mental changes they experience. The Guide Plan also encourages housing that will permit seniors to live independently and affordably. The proposed development is a high density residential development that will comply with the City's Guide Plan and general goals for providing safe and affordable housing for its citizens. 4. Finding that the Amended TIF Plan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. The development will provide many benefits to the City. The benefits will include an increase in safe and affordable housing for the City's elderly citizens, an increase in the number of jobs available to City residents, and the development of currently underdeveloped land thus increasing the City's tax base. Further, the development will result in an overall increase in the general health, safety and welfare of the citizens of the City. By providing tax increment financing support, the City will enable private enterprise to develop the property thus providing these benefits to the City. 5 Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul,IVN 55101-2887 Springsteo Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com MEMORANDUM TO Dave Lindahl, Manager of Economic Development FROM: Paul T. Steinman,Vice President/Consultant Tom Denaway,Analyst DATE: July 2,2008 SUBJECT: Eden Prairie Summit Place 11F Ran Atrendment Background On July 20, 1999 the creation of Tax Increment Financing(Qualified Housing)District No. 15 was approved. The District was created to assist with the development of Phase One of the Eden Shores/Summit Place senior housing campus. Construction on Phase One started in 1999 and generated the first receipt of increment in 2001,the phase consists of 265 units: 10 townhomes, 160 independent living units,63 assisted living units and 32 memory care units. In accordance with the applicable state statute and the legal interpretation made at the time,of the 265 total units in Phase One,20%(53 units)were not required to be counted toward the total number of units. Of the remaining 212 units subject to the standards of a T1 F housing District,20%(43 units)were required to be rescrved for persons meeting the low and moderate-income families qualification. The reimbursement of eligible public costs for Phase One was split between land acquisition and site improvement costs in a total amount of$4,625,000,which in addition to budgeted adrrinistrative expens of$462,500, brought the total costs authorized in 71F plan to$5,087,500. The costs were to be entirely reimbursed from tax increment revenue on a pay-as-you-go basis to the Developer. The Developer is reimbursed for these costs annually, based on the level of subsidy needed to maintain 43 units of affordable housing. Therefore,the annual reimbursement will not exceed the difference between the 43 units of affordable rental incomes received when corrpared to the same 43 units rented at market rate. The difference between the affordable rate and the market rate is the annual amount of reimbursement for which the developer is eligible. Additionally,the City does not provide a guaranteed subsidy, should the need be greater than the available tax increment. The original T1F plan was created assuming a 15-year development term, during which the Developer is obligated to maintain the affordable housing and for which the City is obligated to reimburse for the Developer. City of Eden Prairie Summit Place TIF Amendment 7/2/2008 Page 2 Following the Springsted review of the CitVs active 11F Distracts, it was detemined that an administrative amendment of the original 11F plan budget was necessary. The administrative amendment was approved on April 17, 2007. The reason for the administrative arrendrrent was to adjust the budget amounts available for City Administrative costs and eligible pooling activities. The Administrative Amendment did not increase the total projected costs or the estimated revenues; it was simply a line-item budget adjustment. In addition, it did not alter the amount to be reimbursed to the Developer. Current Amendment—Phase Two Project The Eden Shores/Summit Place development was always intended to include two phases. Phase Two of the project is an 80 unit memory care unit being proposed by the Developer for construction in 2008-2009,fully assessed as of 2010 and generating taxes in payable 2011. In order for the District to remain in compliance with 71F Statutes following the expansion, additional affordable units will be need to be created in an amount equal to 20%of the size of the expansion. Since the expansion is an 80 unit building,an additional 16 units of independent living will be reserved for persons of low and moderate income to ensure that the District continues to meet the requirements of a Qualified Housing 11F District. The original TTF plan was written with the intention of Phase Two of the project being developed at a later date. At the time of District creation, it was not known when this second phase would be developed and thus the original 11F plan budget was prepared with only the first phase of the development contemplated. Now that Phase Two of the development is ready to be constructed it is necessary to modify the TIF Plan to ensure that the District stays in compliance with State 11F Statute. The amendment is to provide the budget authority for the reimbursement of additional public costs incurred by the Developer in an amount equal to the housing subsidy being generated by the 16 new affordable housing units. Originally,the 11F District was only intended to be in existence for a period of 15-years,though the 11F Ran exdusively reserved the right for the District to be in effect for its maximum term of 25 years following the receipt of first increment. Subsequently,the original TIF Plan budget amount of$5,087,500 was calculated assuming only a 15-year term of the District. However,due to the desire to maintain the availability of the current affordable housing provided by the development,and to account for Phase Two,the budget proposed is being i'edified to represent that the District will be in existence and the subsidy will be provided for the full 26 years allowed under state statute. The Developer has agreed in concept to maintain affordability of the current 43 units through the full term of the 11F District, as well as creating 16 new affordable units,for a total of 59 units. The reimbursement for the total subsidy will still occur on a pay-as-you-go basis, and will only be provided for the actual housing subsidy demonstrated by the Developer through the lower rental rates of the affordable housing units. The proposed budget arrendrrent also accounts for the increased tax increment revenue available to the City for administrative and eligible 11F pooling activities resulting from the increased duration and scope of the development. State TIF Statute limits the amount of T1F revenue available for these expenditures to 20%of the total amount of 71F City of Eden Prairie Summit Place TIF Amendment 7/2/2008 Page 3 revenue. The amounts in the proposed budget are less than the 20%limit and are in compliance. The Developer will be required to show eligible llF expenditures in the amount of the line item below shown as Site Improvements/preparation costs, installation of public utilities,parking facilities, and other eligible costs. Estimated Public Costs Original Administrative Amendment Budget Amendment July 15,2008 July 20, 1999 April 17,2007 Land/building acquisition $3,627,689 $3,652,495 $3,652,495 Ste improvements/preparation msts, installation of public utilities, parking facilities, and other 997,311 1,030,191 12,438,627 eligible costs Bond interest payments 0 0 0 Loan principal payments 0 0 0 Loan/note interest payments 0 0 0 Administrative expend 4-62,500 50,875 140,875 Capitalized interest 0 0 0 Other(eligible TIF pooling activities) 0 353,939 2,214,808 Subtotal $5,087,500 $5,087,500 $18/1/16,805 Transfers out 0 0 0 Total $5,087,500 $5,087,500 $18/1/16,805 Estimated Sources of Revenue Original Administrative Amendment March 20,2001 Amendment July15,2008 April 17,2007 Tax increment revenue $5,087,500 $5,087,500 $18,446,805 Interest on invested funds 0 0 0 Bond proceeds 0 0 0 Loan proceeds 0 0 0 Real estate sales 0 0 0 Special assessments 0 0 0 Rent/lease revenue 0 0 0 Grants 0 0 0 Other 0 0 0 Subtotal $5,087,500 $5,087,500 $18,446,805 Transfers in 0 0 0 Total $5,087,500 $5,087,500 $18,446,805 City of Eden Prairie, Ni nnesota Eden Prairie Housing and Redevelopment Authority Amendment to Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 15 (Eden Shores Senior Housing Campus Phase Two Expansion) Dated: July 2, 2008(DRAFT) Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, NV 55101-2887 (651)223-3000 Purpose of Amendment to the Tax Increment Financing Plan The purpose of the proposed TIF Plan Amendment is to increase the budget to indude the construction of Phase MAD an 80-unit memory care expansion to the Eden Shores Senior Housing Campus within 11F District No. 15. Additional tax increment revenue will be generated from a new addition to the campus,and additional revenue will be utilized to assist the developer with necessary site improvements. Phase One resulted in the creation of 265 total rental units. Based on the 11F Statute at the time of District creation it was determined that while the entire project was constructed for housing purposes, up to 20%of the total fair market value of project would not be subject to low and moderate income housing requirements. OF the total 265 units, 53 units(20%)were not subject to the qualifications, rneaning that 20%(43 units)of the remaining 212 units had to be reserved for people of low and rruderate income. The total number of affordable housing units created by the first phase was 43 units. Phase Two will result in the creation of 80-units of memory care,and based on based upon todays legislation,20%of these units are required to be for people of low and moderate incomes. Therefore, additional affordable housing units will be created to off-set the expansion,with 100%of this expansion being subject to the qualifications of a 11 F Housing District. As a result of the creation of 80-additional rr erriory care units, new affordable units will have to be created at a rate equal to 20%(16 units)of the total expansion. The purpose of this Ar r endrrent is to modify the approved budget to allow 11 F to be used to subsidize the new affordable units(16)and to subsidize the current units(43)for an additional 10-years through the remaining term of the District. This amendment does not modify any other aspects of the original 11F Plan or previous modifications. TABLE OF CONTENTS Section Page(s) Definitions 1 Designation of Tax Increment Financing District as a Housing District 1 Duration of the 11F District 2 Specific Development Expected to Occur VMthin the 11F District 2 Findings and Need for Tax Increment Financing 2 Estimated Public Costs 3 Estimated Sources of Revenue 4 Estimated Amount of Bonded Indebtedness 4 Projected Retained Captured Net Tax Capacity and Projected Tax Increment 4 Use of Tax Increment 4 Tax Increment Pooling and the Ave Year Rule.......... . 5 [irritation on Administrative Expenses 6 Estimated Impact on Other Taxing Jurisdictions 6 Development Agreements 7 Assessment Agreements 7 Modifications of the Tax Increment Financing Plan 7 Administration of the Tax Increment Financing Plan 8 Financial Reporting and Disclosure Requirements 8 Original Tax Increment Plan and Previous Amendments 8 Map of Phase Two in Tax Increment Financing District No. 15 EXHIBIT I Phase Two Assumptions Report EXHI BIT I I Phase Tvw Projected Tax Increment Report EXHIBIT III Phase Two Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT IV Phase Two Market Value Analysis Report EXHIBIT V - ii - City of Eden Prairie, Minnesota Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority'means the Eden Prairie Housing and Redevelopment Authority. "City'means the City of Eden Prairie, Mnnesota;also referred to as a"Municipality'. "City Council"means the City Council of the City;also referred to as the"Governing Body'. "County'means Hennepin County, Minnesota. "Redevelopment Project" means Redevelopment Project No.5 in the City, which is described in the corresponding Redevelopment Plan. "Redevelopment Plan"means the Redevelopment Plan for the Redevelopment Project. "Project Area means the geographic area of the Redevelopment Project. "School District"means Independent School District No. 272, Minnesota. "State"means the State of Mnnesota. "11F Act"means Mnnesota Statutes,Sections 469.174 through 469.179, both indusive. "TIF District means Tax Increment Financing(Housing)District No. 15. "TIF Plan"means the tax increment finandng plan for the T1F District(this document). Designation of Tax Increment Financing District as a Housing District Housing districts are a type of tax increment financing district which consists of a project intended for occupancy, in part, by persons or families of low and moderate income. Low and roderate income is defined in federal, state, and municipal legislation. A project does not qualify if the fair market value of the improvements, constructed for uscs other than low and moderate income housing are more than 20%of the total fair market value of all the planned irprovements. The fair market value of the improvements may be determined using the cost of construction, capitalized incorre,or any other appropriate method of estimating marketing value. In addition, housing districts are subject to various incorre limitations and requirements for residential property. For owner occupied residential property, 95%of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the incorre requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue Code. For residential rental property, the property must satisfy the incorre requirements for a qualified residential rental project as defined in section 142(d)of the Internal Revenue Code. Phase One of the TIF District qualified as a housing district in that it met all of the criteria listed above in that at least 80%of the improvements in the 11F District were for low and moderate income housing purposes. (Able the entire phase one of the project was constructed for housing purposcs, up to 20%of the total fair market value of the project was not subject to low and moderate income housing requirements as per the interpretation of 11F Statute at the time of District creation.) Phase Two of the TIF District will also meet the qualifications of a housing district in that it►ryeets all of the criteria listed above, in that additional affordable units will be created equal to 20%(16 units)of the total 80 unit memory-care addition. In addition,the 11F District meets the requirements for a"qualified housing district"in that all of the low and moderate income housing units meet all of the requirements for the low income housing tax credit SPRINGSTED Page 1 City of Eden Prairie, Minnesota (whether such credits are received or not) under Section 42 of the Internal Revenue Code of 1986, as amended through Decerrber 31, 1992. Tax increments derived from a housing district must be used solely to finance the cost of housing projects as defined above. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the Authority may be induded in the cost of a housing project. Duration of the 11F District Housing districts may remain in existence 25 years from the date of receipt of the first tax increment. Modifications of this plan shall not extend these limitations. The Oty rccrves the right to allow the llF District to remain in existence the maximum duration allowed by law. If the District is in existence the maximum duration it will be through the year 2026, based on the receipt of first increment in 2001. Al tax increments from taxes payable in the year the liF District is decertified shall be paid to the City. Specific Development Expected to Occur Within the 11F District SilverCrest Properties LLC originally proposed to build a 345-unit senior residential campus at the intersection of U.S. Highway 69 and Fountain Place in Eden Prairie, with the development to occur in two phases. Phase Cne, which started construction in 1999 and generated the first receipt of increment in 2001 consists of 265 units: 10 townhomes, 160 independent living units, 63 assisted living units and 32 memory care units. In accordance with the applicable state requirements for qualified housing districts, at the time of District creation, it was determined that 20%of the total units created would not be subject to the low and moderate income requirements. This reduced the number of units subject to the requirements to 212 units, of which 20%of these units(43 units)are required to be occupied by individuals at or below 50%of the area median income, and have monthly rents of no more than 30%of maximum monthly gross income. Currently proposed for construction in Phase Two is the addition of an 80-unit memory care building. In response to the expansion, an additional 16 independent living units will be reserved for persons of low and moderate income, ensuring that additional affordable housing units equal to 20%of the expansion will be created and occupied by individuals at or below 50%of the area median income, and have monthly rents no more than 30%of the maximum monthly gross income, in accordance with more recent clarifications of the state requirements for qualified housing 11F districts. The 80-unit expansion is expected to be constructed in 2008 and 2009, and be 100%assessed and on the tax rdls as of January 2,2010 for taxes payable in 2011. At the time this document was prepared there were no signed construction contracts with regards to the above described Phase Two development. Findings and Need for Tax Increment Financing In modifying the 11F District to add Phase Two,the Oty makes the following findings: (1) The 11F District qualifies as a qualified housing district; (2) The proposed development, in the opinion of the Authority, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed SPRINGSTED Page 2 City of Eden Prairie, Minnesota development after subtracting the prcscnt value of the projected tax increments for the maximum duration of the ll F District permitted by the ll F Ran; The reasons and facts supporting this finding are that the developer has reprcscnted to the Authority that it would not undertake the proposed development without the assistance of tax increment financing. SilverCrest will construct an 80-unit memory care building on the site, and due to the high cost of creating affordable housing the expansion would not likely occur but-for the use of tax increment. A comparative analysis of estimated market values both with and without establishment of the 1lF District and the use of tax increments has been performed as described above and is shown in Exhibit V. This analysis indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estirrbated market value of the site absent the establishment of the 11F District and the use of tax increments. (3) The llF Ran conforms to the general plan for development or redevelopment of the Oty as a whole;and The reasons and facts supporting this finding are that the llF District is properly zoned, and the llF Ran has been approved by the Oty Panning Commission and will generally complement and serve to implement policies adopted in the Catys corrprehensive plan. (4) The 11F Ran will afford maximum opportunity, consistent with the sound needs of the City as a whole,for the development of the Project Area by private enterprise. The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. Estimated Public Costs The estimated public costs of Phase Two in 11F District No. 15 are listed below. Such costs are eligible for reimbursement from tax increments of the l]F District. Original Budget Administrative Amendment July 20, 1999 '4rr rrt July 15,2008 April 1 1717,2007 Land/building acquisition $3,627,689 $3,652,495 $3,652,495 Ste improverrents✓preparation ousts, installation of public utilities, parking facilities,and other 997,311 1,030,191 12,438,627 eligible costs Bond interest payments 0 0 0 Loan principal payments 0 0 0 Loan/note interest payments 0 0 0 Administrative expenses 462,500 50,875 140,875 Capitalized interest 0 0 0 Other(eligible 11F pooling activities) 0 353,939 2,214,808 Subtotal $5,087,500 $5,087,500 $18,446,805 Transfers out 0 0 0 Total $5,087,500 $5,087,500 $184/16,805 SPRINGSTED Page 3 City of Eden Prairie, Minnesota The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items,so long as the total estimated public cost is not increased. Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as- you-go technique. As tax increments are collected from the TTF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred(see Estimated Public Costs). Original Budget Administrative ment Amendment March 20,2001 April 7171 July 15,2008 Tax increrrent revenue $5,087,500 $5,087,500 $18/1/16,805 Interest on invested funds 0 0 0 Bond proceeds 0 0 0 Loan proceeds 0 0 0 Real estate sales 0 0 0 Special assessments 0 0 0 Rent/lease revenue 0 0 0 Grants 0 0 0 Other 0 0 0 Subtotal $5,087,500 $5,087,500 $18,1/16,805 Transfers in 0 0 0 Total $5,087,500 $5,087,500 $18,/1/16,805 The Authority reserves the right to finance any or all public costs of the TTF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs induding, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Estimated Amount of Bonded Indebtedness The Authority does not antidpate issuing tax increrrent bonds to finance the estimated public costs of the liF District. Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TTF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the ll F District. The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount. It is the Authoritys intention to retain 100%of the captured net tax capadty of the TTF District. Such amount shall be known as the retained captured net tax capacity of the liF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this liF Plan Amendment specific to Phase Two, and Exhibit III shows the projected tax increment generated for Phase Two over the remaining life of the TTF District. Use of Tax Increment ® SPRINGSTED Page 4 City of Eden Prairie, Minnesota Each year the County Treasurer shall deduct 0.36%of the annual tax increment generated by the l]F District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the 11F District. The Authority has determined that it will use 100%of the remaining tax increment generated by the 1lF District for any of the following purposes: (1) pay for the estimated public costs of the 11F District (ice Estimated Public Costs) and aty adrrinistrative costs associated with the 11F District(ccc Limitation on Administrative Expenses); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the 1lF District; (3) accumulate a rcecrve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the 11F District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision la;or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the Oty. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer,or other beneficiary of assistance,to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions irrposed on the use of tax increments. Assistance indudes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or benefidary. Tax Increment Pooling and the Five Year Rule At least 80%of the tax increments from the 1]F District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the 11F District(See Designation of 11F District as Housing District). No more than 20%of the tax increments may be spent on costs outside of the T1F District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. Al administrative expenses are considered to have been spent outside of the 11F District. As permitted under IVinnesota Statutes, Section 469.1763, subdivision 2(b)and subdivision 3(a)(5),any expenditures of increment from the 11F District to pay the cost of a"housing project"as defined in IVinnesota Statues, Section 469.174 subd. 11 will be treated as an expenditure within the district for the purpos of the"pooling rules"and the "five year rule". The City currently anticipate that tax increments will be spent outside of the 11F District,for allowable SPRINGSTED Page 5 City of Eden Prairie, Minnesota adrrinistrative and pooling expenscs, not related to housing projects and that such expenditures are expressly authorized in this TTF Plan. Limitation on Administrative Expenses Arirrinistrative expenses are defined as all costs of the Authority other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, induding architectural and engineering services directly connected with the physical development of the real property in the project; (3) relocation benefits paid to, or services provided for, persons residing or businesses located in the prof; (4) amounts used to pay prindpal or interest on, fund a rcscrve for, or sell at a discount bonds issued pursuant to section 469.178;or (5) amounts used to pay other finandal obligations to the extent those obligations were used to finance costs described in clause(1)to(3). Administrative expenses indude amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the Oty in administering the liF District. Tax increments may be used to pay adrrinistrative expen of the llF District up to the lesser of(a) 10%of the total estimated public costs authorized by the TTF Plan or(b) 10%of the total tax increment expenditures for the project. Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capadty of both phases of TTF District No. 15 was hypothetically available to the other taxing jurisdictions. The Authority believes that there will be no adverse irrpact on other taxing jurisdictions during the life of the liF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive irrpact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed addition of Phase Two to the tax increment finandng district, as pursuant to IVinnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total maximum amount of tax increment that will be generated over the life of the district is estimated to be$18/1116,805. 2. To the extent the housing project in the proposed liF District generates any public cost impacts on city- provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the Oty, exduding that portion captured by the District. 3. The maximum amount of tax increments generated by over the remaining life of the district that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be$4,011,305. 4. The maximum amount of tax increments generated over the remaining life of the district that would be attributable to county levies, assuming the countys share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be$6,604,912. ® SPRINGSTED Page 6 City of Eden Prairie, Minnesota 5. No additional information has been requested by the County or School District. Development Agreements If within a project containing a redevelopment district, more than 25%of the acreage of the property to be acquired by the Authority is purchased with tax increment bonds proceeds(to which tax increment from the property is pledged), then prior to such acquisition, the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority anticipates entering into an agreerrent for development, but does not anticipate acquiring any property located within the 11F District. Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the 1lF District. Although the City does not anticipate entering into an assessment agreement, if it were deterrrined necessary, the assessment agreement shall be presented to the city Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreerrent shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The Authority does not anticipate entering into an assessment agreerrent. Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the liF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original 11 F Plan. This paragraph does not apply if: (1) the only rrudification is elimination of parcels from the 11F District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority agrees that the TiF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Administration of the Tax Increment Financing Plan ® SPRINGSTED Page 7 City of Eden Prairie, Minnesota Upon adoption of the TIF Ran, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the liF District. To assist the County Auditor in this process, the Authority shall submit copies of the liF Ran, the resolution establishing the TTF District and adopting the TTF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor (if applicable) any assessment agreement establishing the minimum market value of land and improvements in the TTF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TTF District. The amount of tax increment may change due to development anticipated by the TTF Plan, other development, inflation of property values, or changes in property dassification rates or formulas. In administering and implementing the liF Ran,the following actions should occur on an annual basis: (1) prior to July 1, the Authority shall notify the City Assessor of any new development that has occurred in the TTF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new 11 F District,or for modification of an existing TTF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TTF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capadty of the liF District. The reverse shall also apply; (b) the original net tax capadty may be modified by any approved enlargement or reduction of the Tl F District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes,then the resulting increase or decrease in net tax capadty shall be applied proportionately to the original net tax capadty and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the liF District. Financial Reporting and Disclosure Requirements The Authority will comply with all reporting requirements for the liF District under Minnesota Statutes, Section 269.175, Subdivisions 5 and 6. Original Tax Increment Financing Plan and Previous Amendments The Original Tax Increment Financing Plan for District No. 15 and any previously adopted amendments, remain in full force and effect,to the extent they were not modified within this amendment. ® SPRINGSTED Page 8 City of Eden Prairie, Minnesota Map of 71F District No. 15 r, ._ ;..,- - Air _, Tax Increment Financing District #15 S. Project Area #5 . ( :7\ Summit Place Senior Campus (aka: Eden Shores) .,•,.••- -• - • I \ ,• ' '"v ' • .-•'' Center • -,..' .S.,‘-'''' . ..I ---,7,0,,:' ''',:,,A • ° • Ohio— -•". „....„„,,,/ ' ,.. ........ • • A 4- ''' *f : 4 •. ....„,\\_....., ,,s‘ 1 '''‘ • *->, L — ‘. • . •"%4.,,,.. * --.... 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"1 i'lc ; LK 's,.- -' -1 kr- ... ---,...7:-'4 --. . -., ;-A SPRINGSTED Page 10 City of Eden Prairie, Minnesota Assumptions Report City of Eden Prairie, Minnesota Summit Place Phases One &Two 3% MV Inflator Years -2.9% Mod & 3.5% Market- 1%Admin - 12% Pooling Type of Tax Increment Financing District Housing Maximum Duration of TIF District 25 years from 1st increment Projected Certification Request Date 05/05/00 Decertification Date 12/31/26 (26 Years of Increment) 1999/2000 Base Estimated Market Value $891,520 Original Net Tax Capacity $11,144 Assessment/Collection Year 2007/2008 2008/2009 2009/2010 2010/2011 Base Estimated Market Value $891,520 $891,520 $891,520 $891,520 Increase in Estimated Market Value 42,078,480 43,367,580 55,495,353 60,786,959 Total Estimated Market Value 42,970,000 44,259,100 56,386,873 61,678,479 Total Net Tax Capacity $537,125 $553,239 $704,836 $770,981 City of Eden Prairie 27.177% Hennepin County 38.571% ISD#272 23.425% Other 8.699% Local Tax Capacity Rate 97.872% 2007/2008 Fiscal Disparities Contribution From TIF District 0.0000% Administrative Retainage Percent(maximum = 10%) 1% Pooling Percent 12% Bonds Note (Pay-As-You-Go) Bonds Dated 05/05/00 Note Dated 01/01/08 Bond Issue @ 0.00% (NIC) $0 Note Rate 6.00% Eligible Project Costs $0 Note Amount $0 Present Value Date & Rate 01/01/08 6.00% Notes Project information shown is for Phases One&Two Projections assume no future changes in class and tax rates, and a 3% market value inflator a SPRINGSTED Page 11 City of Eden Prairie, Minnesota Projected Tax Increment Report I City of Eden Prairie,Minnesota Summit Place Phases 1 &2 $180,000/Unit Value,80 Units 3%MV Inflator Years-2.9%Mod&3.5%Market-1%Admin-12%Pooling Less: Retained Times: Less: Less: Less Annual Existing New Total Original Captured Tax Annual State Aud. Administrative Additional Annual Period Development Development Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Expenses Pooling/Transfers Net Ending Tax Capacity Tax Capacity Capacity Capacity Capacity Rate Increment 0.360% 1% 12% Revenue (1) (2) (3) (3) (4) (5) (6) (7) (8) 12/31/00 0 0 0 0 97.872% 0 0 0 0 12/31/01 0 0 0 0 97.872% 0 0 0 0 12/31/02 0 0 0 0 97.872% 0 0 0 0 12/31/03 0 0 0 0 97.872% 120,150 0 9,636 21,928 108,135 12/31/04 0 0 0 0 97.872% 206,047 0 9,636 21,928 185,442 12/31/05 0 0 0 0 97.872% 480,922 0 9,636 21,928 432,830 12/31/06 0 0 0 0 97.872% 455,453 0 9,636 21,928 409,908 12/31/07 0 0 0 0 97.872% 484,930 0 7,331 41,162 436,437 12/31/08 537,125 0 537,125 11,144 525,981 97.872% 514,788 1,853 5,000 1,853 506,082 12/31/09 553,239 0 553,239 11,144 542,095 97.872% 530,559 1,910 5,000 115,800 407,849 12/31/10 569,836 135,000 704,836 11,144 693,692 97.872% 678,930 2,444 5,000 115,800 555,686 12/31/11 586,931 184,050 770,981 11,144 759,837 97.872% 743,668 2,677 5,000 115,800 620,191 12/31/12 604,539 189,572 794,110 11,144 782,966 97.872% 766,305 2,759 5,000 115,800 642,746 12/31/13 622,675 195,259 817,934 11,144 806,790 97.872% 789,621 2,843 5,000 115,800 665,978 12/31/14 641,355 201,116 842,472 11,144 831,328 97.872% 813,637 2,929 5,000 115,800 689,908 12/31/15 660,596 207,150 867,746 11,144 856,602 97.872% 838,373 3,018 5,000 115,800 714,555 12/31/16 680,414 213,364 893,778 11,144 882,634 97.872% 863,852 3,110 5,000 115,800 739,942 12/31/17 700,826 219,765 920,592 11,144 909,448 97.872% 890,095 3,204 5,000 115,800 766,091 12/31/18 721,851 226,358 948,209 11,144 937,065 97.872% 917,125 3,302 5,000 115,800 793,023 12/31/19 743,507 233,149 976,656 11,144 965,512 97.872% 944,966 3,402 5,000 115,800 820,764 12/31/20 765,812 240,144 1,005,955 11,144 994,811 97.872% 973,642 3,505 5,000 115,800 849,337 12/31/21 788,786 247,348 1,036,134 11,144 1,024,990 97.872% 1,003,178 3,611 5,000 115,800 878,767 12/31/22 812,450 254,768 1,067,218 11,144 1,056,074 97.872% 1,033,601 3,721 5,000 115,800 909,080 12/31/23 836,823 262,411 1,099,235 11,144 1,088,091 97.872% 1,064,936 3,834 5,000 115,800 940,302 12/31/24 861,928 270,284 1,132,212 11,144 1,121,068 97.872% 1,097,211 3,950 5,000 115,800 972,461 12/31/25 887,786 278,392 1,166,178 11,144 1,155,034 97.872% 1,130,455 4,070 5,000 115,800 1,005,585 12/31/26 914,419 286,744 1,201,163 11,144 1,190,019 97.872% 1,164,696 4,193 5,000 115,480 1,040,023 12/31/27 0 0 0 0 97.872% 0 0 0 0 0 12/31/28 0 0 0 0 97.872% 0 0 0 0 $18,507,140 $60,335 $140,875 $2,214,808 $16,091,122 a1 SPRINGSTED Page 12 City of Eden Prairie, Minnesota Estimated Impact on Other Taxing Jurisdictions Report I City of Eden Prairie, Minnesota Summit Place Phases 1 &2 $180,000/Unit Value, 80 Units 3% MV Inflator Years -2.9% Mod &3.5% Market- 1%Admin - 12% Pooling Without Project or TIF District With Project and TIF District Projected Hypothetical 2007/2008 2007/2008 Retained New Hypothetical Hypothetical Tax Generated Taxable 2007/2008 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity(1) Tax Rate Capacity(1) + Capacity = Capacity Tax Rate(*) Tax Rate(*) N.T.C. (*) City of Eden Prairie 106,631,931 27.177% 106,631,931 $1,190,019 107,821,950 26.877% 0.300% 319,842 Hennepin County 1,471,599,883 38.571% 1,471,599,883 1,190,019 1,472,789,902 38.540% 0.031% 458,631 ISD#272 102,461,284 23.425% 102,461,284 1,190,019 103,651,303 23.156% 0.269% 275,562 Other(2) --- 8.699% --- 1,190,019 --- 8.699% --- --- Totals 97.872% 97.272% 0.600% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above,the result would be a lower local tax rate(see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case,the total local tax rate would decrease by 0.600% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity=total net tax capacity-captured TIF-fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 8.89%of the total tax rate. VI SPRINGSTED Page 13 City of Eden Prairie, Minnesota Market Value Analysis Report I City of Eden Prairie, Minnesota Summit Place Phase 2 Only $180,000/Unit Value, 80 Units 3% MV Inflator Years -2.9% Mod &3.5% Market- 1%Admin - 12% Pooling Assumptions Present Value Date 05/05/00 P.V. Rate-Gross T.I. 6.00% Increase in EMV With TIF District $22,939,512 Less: P.V of Gross Tax Increment 1,278,116 Subtotal $21,661,396 Less: Increase in EMV Without TIF 0 Difference $21,661,396 Annual Present Gross Tax Value @ Year Increment 6.00% 1 2002 0 0 2 2003 0 0 3 2004 0 0 4 2005 0 0 5 2006 0 0 6 2007 0 0 7 2008 0 0 8 2009 0 0 9 2010 132,127 72,056 10 2011 180,133 92,676 11 2012 185,537 90,053 12 2013 191,104 87,505 13 2014 196,837 85,028 14 2015 202,742 82,621 15 2016 208,824 80,283 16 2017 215,089 78,011 17 2018 221,541 75,803 18 2019 228,188 73,658 19 2020 235,033 71,573 20 2021 242,084 69,547 21 2022 249,347 67,579 22 2023 256,827 65,666 23 2024 264,532 63,808 24 2025 272,468 62,002 25 2026 280,642 60,247 26 2027 0 0 $3,763,055 $1,278,116 a SPRINGSTED Page 14 CITY COUNCIL AGENDA DATE: July 15, 2008 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community New Perspective Senior Living Development/Planning Janet Jeremiah/Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Return the development plans to the proponent without prejudice. Synopsis The applicant,New Perspective Senior Living, is withdrawing the project from further review with the City Council. (See attached letter dated July 9, 2008.) Background Information The 120-Day Review Period Expires on August 29, 2008. Attachments July 9, 2008, letter requesting a withdrawal of the project. F[O0:Ngw Perspective S9Di0[ L|v 9527463035 87/09/2OU8 08:30 t ?8S P.002/002 New P1e[ Assisted Living Memory Co e lndependen Living Short Te,,rn Stay July EL2OU8 Lori Creamer Administrative Assistant City ofEden Prairie Planning Division 8O8O Mitchell Road Eden Prairie, kUN 55344 Dear Lori, � At this time we respectfully request that ot,r project at 7300 Flying Cloud Drive be withd avA n from consideration,and that we be removed as an item on the current agenda, VVeextendourthanksfortheat±ention, careandooudeuVthata|| nmennbersofthevarin /s | commissions and boards have shown us thus far. Regards, / *vw / p""� ' TO�dNova yk ' | Chief Executive Officer New Perspective Senior Living | ! � _ ^' � Th«e } ' ' | | � CITY COUNCIL AGENDA DATE: July 15, 2008 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community ADC Subdivision Development/Planning Janet Jeremiah/ Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat on 91.03 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The plat is a subdivision of 91.03 acres into two lots. Both lots exceed the 2 acre minimum requirement of the I-2 Zoning District. Background Information In 1999 the City approved the ADC Planned Unit Development for 1,180,000 square feet of development. Waivers were granted for building setback to Technology Drive, increase in allowable office use,building height, and parking space dimensions in the parking deck. The 120-Day Review Period Expires on August 22, 2008. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the June 9, 2008 meeting. Attachments 1. Resolution—Preliminary Plat 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Planning Commission Minutes ADC CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- RESOLUTION APPROVING THE PRELIMINARY PLAT OF ADC FOR ADC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of ADC for ADC stamp dated July 15, 2008, and consisting of 91.03 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 15th day of July, 2008. Phil Young , Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen DATE: June 6, 2008 SUBJECT: ADC Subdivision LOCATION: Technology Drive and Mitchell Road APPLICANT: ADC OWNER: ADC REQUEST: 1. Preliminary Plat of 91.03 acres into two lots. BACKGROUND In 1999 the City approved the ADC Planned Unit Development for 1,180,000 square feet of development.Waivers were granted for building setback to Technology Drive,increase in allowable office use, building height, and parking space dimensions in the parking deck. PRELIMINARY PLAT The plat is a subdivision of 91.03 acres into two lots. Both lots exceed the 2 acre minimum requirement of the I-2 Zoning District. STAFF RECOMMENDATION Recommend approval of the following request: • Preliminary Plat of 91.03 acres into 2 lots This is based on plans stamped dated June 6, 2008, and the staff report dated June 6, 2008. Land Use Guide Plan Map ADC Re-Plat 13625 Technology Drive II 11-- ..LIP4A.'=: \ , Itikil 7,-_ 17 \ -- - ... _ _ ..--, I ___---- \\ Highway#5 L...-----"-- 1IVTechnology Drive _ ► ......._......__..er*�� OP ate ' Mitchell Road SI E sibors,® 1116p4.70 ill I ____ ____ ___ 0,, ...# .....„ , „, .. N_. ...III • \? 0 • 4w1 wills ER EH PH EH ED ED 1 iiiii 131313ER® E P */* T. a 1.1 .Oi IIIII• w Illn \ SK #*4! film _ _____ - t411 ►IUi■■■ 171, r •a ;:iiq 'i Ilk al i Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial %/A Low Density/Public/Open Space - 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 01-07-05 DATE Revised 11-07-05 I, .A Medium Density Residential/Office - Park/Open Space Principal Arterial DATE Revised 02-23-06 DATE Revised 03-23-06 E DE N —A Minor Arterial - High Density Residential 10-40 Units/Acre - Public/Quasi-Public DATE Revised 06-23-06 —B Minor Arterial DATE Revised 12-06-06 PRAIRIE DATE Revised 03-01-07 Office Golf Course L E•wOA•DREAM —Major Collector DATE Revised 06-01-07 DATE Revised 11-30-07 V/2 Office/Industrial - Church/Cemetary m Minor Collector %/ Office/Public/Open Space Open Water I - Industrial Right-Of-Way =Flying Cloud Airport Boundary Not to Scale Area Location Map - ADC Re-Plat Address: 13625 Technology Drive, Eden Prairie, MN 16biff3 ( i - -_-,T F1 F\i 1411 _ Highway# /--)N\, _fill \ 10% r i N TechnologyDrive < \#'jr Mitchell Road SITE I JI I -:. iog A" FigilWI ,_0 _ .., . A ,2--.4 , .1 : .0 -0‘ e '4„ •ZRE' .. - vie , 4A. e,„N PJ. : ._ ea,.. , ,„,,,e % , ® ® ®® ® Ea It 41I0 ®®®® ® LE IL, ®®®®® �1 �� ►_►�'::::: ‘1111111F%ON11►�i -c,. ,11141)ft - *... 4 I (.._,2 iiChr -N( LAI , Dom.A cc_ Zoning Map ADC Re-Plat 13625 Technology Drive ` ‘\WILJ: ,` I Zi" - K''' 1 Highway#5 0001101111.11111111111111111.11 ` AlK`....„1-_-_o - Technology Drive NO #41 M116111. IiIe11RoaiL SITE , • AnE � I 111�11 on oo�� � w` ■ i ite,ORS- ` 4A� / I � pS , o` oI ,O , J Ilic VP' , _rtie Lie Mill W ` Nt NO iHI ��� . � � � _ Rural -Highway Commercial Shoreland Management Classifications R1-44 One Family-44,000 sf.min. -Regional Service Commercial I NE I Natural Environment Waters I R1-22 One Family-22,000 sf min. -Regional Commercial I RDI Recreational Development Waters I GD I General Development Waters(Creeks Only) �/ �. R1-13.5 One Family-13,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain R1-9.5 One Family-9,500 sf min. I. Industrial Park- 5 Acre Min. Up dated through Ordinance#21-2007 -RM-6.5 Multi-Family-6.7 U.P.A.max. General Industrial-5Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition -RM-2.5 Multi-Family-17.4 U.P.A.max. Public Date:November 30,2007 PRAIRIE In case of discrepancy related to a zonir,9 classification on this zoning map,the Ordinance Office I Golf Course and attached legal descdptlon on file at Eden Paine City Center will prevail. Neighborhood Commercial Water LIVE•WORK•DREAM n Community Commercial 1 I Right-of-Way Not to Scale UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 9, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Cadman, John Kirk, Katie Lechelt, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Alan Gray, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Kirk and Rocheford. II. APPROVAL OF AGENDA MOTION by Seymour, seconded by Stoelting, to approve the agenda. Motion carried 7-0. PUBLIC HEARINGS A. ADC RE-PLAT Request for: Preliminary Plat into two lots on 89.72 acres. Ed Jorgenson, Corporate Service Vice-President for ADC, presented the proposal. He said they would like to split their parcel of land into two sites. They have been approached by 3`d party vendors who have interest in the parcel of land. Stoltz asked Franzen to review the staff report. Franzen said staff recommendation is for approval of two lots. Stoltz opened the meeting up for public input. Gray wanted to point out a cross access and maintenance agreement should be developed while the land is in common ownership and suggests approval would be subject to this. Julie Heatherly, 13994 Irwin Court, lives in the townhouses next to ADC. She stated she would like to see the berm and trees surrounding the townhouses to still exist to ensure privacy. Franzen said the City previously granted setback waivers to accommodate this buffer zone and the buffer is a contractual obligation in the development agreement. MOTION by Pitzrick, seconded by Cadman, to close the public hearing. Motion carried 7-0. MOTION by Pitzrick, seconded by Schultz, to recommend approval of the Preliminary Plat into two lots on 89.72 acres based on plans stamped dated June 6, 2008 and the staff report dated June 6, 2008 and the development of a cross access maintenance agreement. Motion carried 7-0. CITY COUNCIL AGENDA DATE: July 15, 2008 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Community CH Robinson Data Center/Office Development/Planning Janet Jeremiah/Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Neighborhood Commercial to Office on 2.59 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 9.84 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Neighborhood Commercial to Office on 2.59 acres; and • Adopt the Resolution for Preliminary Plat on 9.84 acres into 1 lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. • Direct staff to issue a grading, footing, and foundation permits to CH Robinson to proceed with construction at their own risk Synopsis This is for a 40,000 square foot office building and an 18,145 square foot data center. Background Information The 120-Day Review Period Expires on September 28, 2008. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the June 23, 2008 meeting. Attachments 1. Resolution—Guide Plan Change 2. Resolution—PUD Concept Review 3. Resolution—Preliminary Plat 4. Staff Report 5. Location Map 6. Land Use Map 7. Zoning Map 8. Planning Commission Minutes CH ROBINSON DATA CENTER/OFFICE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- 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 CH Robinson Data Center/Office,by Eden Bluff Holdings and CH Robinson Worldwide Inc., is for a 40,000 square foot office building and 18,145 square foot data center; 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: ADOPTED by the City Council of the City of Eden Prairie this 15th day of July, 2008. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk CH ROBINSON DATA CENTER/OFFICE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF CH ROBINSON DATA CENTER/OFFICE FOR EDEN BLUFF HOLDINGS AND CH ROBINSON WORLDWIDE,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 June 23, 2008, on CH Robinson Data Center/Office by Eden Bluff Holdings and CH Robinson Worldwide, 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 July 15, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. CH Robinson Data Center/Office, 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 July 15, 2008. 3. That the PUD Concept meets the recommendations of the Planning Commission June 23, 2008. ADOPTED by the City Council of the City of Eden Prairie this 15th day of July, 2008. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept- (CH Robinson Data Center/Office) Legal Description: Lot 1, Block 1, and Outlot A, Eden Bluff Highlands 3rd, Hennepin County, Minnesota. CH ROBINSON DATA CENTER/OFFICE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- RESOLUTION APPROVING THE PRELIMINARY PLAT OF CH ROBINSON DATA CENTER/OFFICE FOR EDEN BLUFF HOLDINGS AND CH ROBINSON WORLDWIDE, INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of CH Robinson Data Center/Office for Eden Bluff Holdings and CH Robinson Worldwide Inc., stamp dated July 15, 2008, and consisting of 9.84 acres into one lot, 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 15th day of July, 2008. Phil Young , Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II DATE: June 20, 2008 PROJECT: CH Robinson Data Center LOCATION: Charlson Road and Highway 212 APPLICANT Pope Associates, Inc. OWNERS: C.H. Robinson Worldwide, Inc 120 DAY REVIEW: Expires September 28, 2008 REQUEST: • Guide Plan Change from Neighborhood Commercial to Office on 2.59 acres • Planned Unit Development Concept Amendment on 9.84 acres • Planned Unit Development District Review on 9.84 acres • Zoning District Change from Neighborhood Commercial to Office on 2.59 acres • Site Plan Review on 9.84 acres • Preliminary Plat of 9.84 acres into one lot Staff Report—CH Robinson Data Center June 20, 2008 Page 2 BACKGROUND The Comprehensive Guide Plan shows this site for Office and Neighborhood Commercial. The property is zoned Office and Neighborhood Commercial. GUIDE PLAN HISTORY Prior to the approval of the Hennepin Village Planned Unit Development in 2001 this 9.84 acre site was guided office. In 2001, the City changed the guide plan to office and neighborhood commercial. The neighborhood commercial area was 4.5 acres with approximately 40,000 square feet of building potential. In 2004 the City changed the guide plan to office, neighborhood commercial, and industrial and approved a Planned Unit Development Plan for 30,000 square feet of neighborhood commercial and 64,000 square feet of office/industrial use. In 2006, the City approved a change in the PUD, reducing the amount of neighborhood commercial to 18,000 square feet and increasing the amount of office to 125,884 for CH Robinson Corporate Headquarters. SOUTHWEST COMMERCIAL STUDY As part of the guide plan update process the City studied the potential for additional neighborhood commercial sites along Pioneer Trail in southwest Eden Prairie. The study showed all of the sites had access and land use compatibility issues. As a result the guide plan was not amended to add any more neighborhood commercial sites. The travel distance maps include with the study shows that there is existing commercial at Highway 4/5, and Anderson Lakes/212 housing in Hennepin Village within a 3 mile travel distance from the housing and employment. MARKET STUDY The market study prepared for this site evaluates the potential for commercial uses. The study concludes that site is limited for commercial use due to poor access and visibility, the lack of households and market competition within a 5 minute drive. PLANNED UNIT DEVELOPMENT This is an amendment to the Eden Bluff Corporate Center PUD approved in 2006 for 18,000 square feet of retail and a 124,884 square foot office building. The PUD amendment replaces the retail building with a 40,000 square foot office building and adds a , adding a 18,145 square foot data center. The office building requires a building height waiver from 30 feet to 40 feet. The existing office 2 Staff Report—CH Robinson Data Center June 20, 2008 Page 3 building was granted a PUD height waiver to 42 feet. SITE PLAN The site has a base area of 0.162 and a floor area ratio of 0.43. City code permits up to a 0.30 base area ratio and a 0.50 floor area ratio in the Office zoning district. The code requires 615 parking spaces. The proposed plan shows 585 parking spaces. The plan should be revised to show one of the following: 30 parking spaces under the 40,000 square foot office building, 30 surface proof of parking spaces in a parking structure, or reduce the 40,000 square foot office building by 7,500 square feet. DRAINAGE AND UTILITIES All storm water will be treated to NURP standards in an existing pond that is located on the west side of Charlson Road within Lot 1, Block 1, Eden Bluff Highlands that was previously constructed to accommodate the drainage from this project. A rainwater garden infiltration basin is provided along the north property line to provide the required infiltration requirements for Phase 1 of the project. Infiltration for Phase 2 of the project will be provided by incorporating revisions to the existing NURP pond. The normal water level of the pond will be raised allowing for an increased surface area at the side slopes of the pond for infiltration. The impact to the calculated high water level of the pond will be negligible. The buildings will be connected to City sewer and water in Charlson Road. LANDSCAPING The amount of landscaping required is based on the square footage of the buildings is 478 inches. The required tree replacement is 173 inches. The plan meets the landscaping and tree replacement requirements. ARCHITECTURE The buildings meet the requirements of City code for 75% face brick glass and stone. SITE LIGHTING Since this office site is adjacent to residential the maximum parking lot pole height should be a downcast cutoff variety not to exceed 20 feet. Parking lot lighting should not exceed one-half foot-candle at the property line bordering the neighboring residential use. 3 Staff Report—CH Robinson Data Center June 20, 2008 Page 4 SIGNS The office zoning district permits free standing signs, building identification signs, and tenant signs. For freestanding signs, one 50 square foot and one 36 square foot sign is permitted. The code allows one 50 square foot building identification sign per street frontage. No building identification signs are shown on the plan. Tenant signs on the building are limited to 30 square feet each. No tenant signs are shown on the plan. TRAVEL DEMAND MANAGEMENT PLAN A Travel Demand Management Plan is required as part of the 40,000 square foot office building. A TDM Plan is a program to reduce the number of trips to and from a site during the peak traffic hours. Typical plans include alternative work schedules, carpool, walking and biking. The existing office has an approved TDM plan. SUMMARY The idea of having commercial near housing and employment is a good one; however it appears that the market does not agree for a variety of reasons. City decisions over the years have also reduced the size of the neighborhood commercial site from 4.5 to 2.5 acres and building size from 40,000 to 18,000 square feet to accommodate a corporate headquarters. With considerable retail and services within three miles it may be better to develop this site for additional office and accommodate expansion for a corporate headquarters. STAFF RECOMMENDATIONS Recommend approval of the following request: • Guide Plan Change from Neighborhood Commercial to Office on 2.59 acres • Planned Unit Development Concept Amendment on 9.84 acres • Planned Unit Development District Review on 9.84 acres • Zoning District Change from Neighborhood Commercial to Office on 2.59 acres • Site Plan Review on 9.84 acres • Preliminary Plat of 9.84 acres into one lot This is based on plans stamped dated June 17, 2008, and the following conditions: 1. Prior to City Council Review, the proponent shall: A. Revise the plans to provide a total of 615 parking spaces. 4 Staff Report—CH Robinson Data Center June 20, 2008 Page 5 B. Revise the photometric plan to 20' maximum pole height and foot candle at the property line. 2. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. 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 at the grading limits. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping/tree replacement surety equivalent to 150% of the cost of the landscaping/tree replacement plan for 651 caliper inches. B. Pay the Cash Park Fee. C. Review the plans with the Fire Marshal D. Submit building materials and colors for review and approval. 5. The following waivers are granted through the PUD for the project: A. Building height waiver from 30 feet to 40 feet for the 40,000 square foot office building. 5 Eden Prairie Rd SO _ iiiiii i Ili ** • 4?"\\ / II ••.•••.• Charlson Rd l it l l = II/ a� 1 IIIII I IIIII I_ Q��� •il � 04101111111100, 4J U! r D����t,%4111111114MI arrNo' 4, yor 7..11 SITE Flying Cloud Dr Guide Plan Map CH Robinson Data Center/Office Legend 14701 Charlson Road Low Density Residential 0-2.5 Units/Acre I I Neighborhood Commercial Eden Prairie, MN 1771 Low Density/Public/Open Space -Community Commercial ', E ,P,'1 Medium Density residential 2.5-10 Units/Acre-Regional Commercial EDEN O Medium Density Residential/Office -Park/Open Space -High Density Residential 10-40 Units/Acre I Public/Quasi-Public Office I I Golf Course PRAIRIE ®Office/Indusbial IA Church/Cemetery Office/Public/Open Space Open Water c VE•WORk•OREAM -Indusbial I I Right-Of-Way No l e Area Location Map - CH Robinson Data Center/Office Address: 14701 Charlson Road, Eden Prairie, MN 1 Eden Prairie Rd 1111111 El IIIIIL /_ k el ',, Charlson Rd 1 m., TIII g! clir;st ER au B 111111 _1 ��♦��� `�////I�j/��� .........._ , G SITE w ammo IT.� ♦o, ,% •` 11111111111\ / Il[IIIIIII IIt � ��•� �: o , o /11111111k — ..----- N-- Flying Cloud Dr f o Scale ii Eden Prairie Rd I i 44 Ii Ifir '''���'' Charlson Rd l—_ mil iIII it. �L=!1I I1I I 1I JI TII rr :D!4q7/� ,S, 41111111 J SITE Animmi-K ..,,Z /`r ,,, 1111... lik____ -.� Flying Cloud Dr ./ .---Z-Y- Zoning Map Legend CH Robinson Data Center/Office =Rural =Regional Commercial 14701 Chanson Road R1-44 One Family-44,000 sf.min. -TC-C R1-22 One Family-22,000 sf min. MITC-R Eden Prai r i e, MN R1-13.5 One Family-13,500 sf min. MI TC-MU /', C f',,f, I I R1-9.5 One Family-9,500 sf min. I Industrial Park-2 Acre Min, EDEN -RM-6.5 Multi-Family-6.7 U.P.A.max. -Industrial Park-5 Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. I I Office I 'Public PRAIRIE nNeighborhood Commercial O Golf Course Community Commercial 1 I Water LIVE•W D A K•D A E A M -Highway Commercial 1 I Right of Way No Scale -Regional Service Commercial UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 23, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Cadman, John Kirk, Katie Lechelt, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Alan Gray, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Cadman and Lechelt. Rocheford showed up during the first public hearing. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Stoelting, to approve the agenda. Motion carried 6-0. PUBLIC HEARINGS A. CH ROBINSON DATA CENTER/OFFICE Request for: Guide Plan Change from Neighborhood Commercial to Office on 2.59 acres; Planned Unit Development Concept Amendment on 9.84 acres; Planned Unit Development District Review on 9.84 acres; Zoning District Change from Neighborhood Commercial to Office on 2.59 acres; Site Plan Review on 9.84 acres; Preliminary Plat of 9.84 acres into one lot. Jim Johnson, architect for Pope Associates, presented the proposal. He said they are here tonight to seek an amendment to the current PUD. They would like to get rid of the plat lines to provide further development on the site. In the future, they would like to place an office building on this site. Stoltz asked Franzen to review the staff report. Franzen stated Staff recommends approval based on page 4 and 5 of the staff report. There are conditions listed on the staff report the project proponent needs to have completed before this request goes before the City Council. Stoltz opened the meeting up for public input. There was no input. Pitzrick asked if the neighborhood was contacted and if so, were there any comments. Franzen said there have been no comments or reactions from the neighborhood. Pitzrick asked if notifications were sent out. Franzen said notifications were sent out to residents on the far western edge of the development,but not along the eastern edge along Spring Road. Pitzrick asked if the plan is for the data center to be expanded,besides what is stated in the initial footprint. Mr. Johnson said there are no plans to expand the data center externally. The data center will be built as a shell and will only be a third full on the inside; and that is what would be expanding over the next 15 years. Pitzrick commented it would be nice to have benches along the walking path. Mr. Johnson said they would look into putting benches on the path. Stoelting asked about parking spaces and would the amount of them be increased or would the building be made smaller. Mr. Johnson said they would be making the building smaller to accommodate the parking spaces. MOTION by Schultz, seconded by Seymour, to close the public hearing. Motion carried 7-0. MOTION by Schultz, seconded by Kirk, to recommend approval of the Guide Plan Change from Neighborhood Commercial to Office on 2.59 acres; Planned Unit Development Concept Amendment on 9.84 acres; Planned Unit Development District Review on 9.84 acres; Zoning District Change from Neighborhood Commercial to Office on 2.59 acres; Site Plan Review on 9.84 acres; Preliminary Plat of 9.84 acres into one lot based on plans stamped dated June 2, 2008, and June 16, 2008 and the staff report dated June 20, 2008. Motion carried 7-0. CITY COUNCIL AGENDA DATE: July 15, 2008 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.E. Community Top Dog Country Club and Vet Clinic Development/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 with waivers, and Zoning District Amendment within 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 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 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 Franks Nursery. "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 Background Information The Top Dog Country Club and Vet Clinic project was reviewed at the January 14, 2008 Planning Commission Meeting. The Planning Commission voted 5-0, with 1 abstention to approve the project as submitted. The applicant, Grootwassink/Fendler Patterson Construction, Inc. withdrew the project from further review with the City Council on April 8, 2008. The Excelsior Group is the new applicant with Fendler Patterson as the contractor. The 120-Day Review Period Expires on October 1, 2008. Planning Commission Recommendation Staff developed the following four approaches to review the project: 1. The plan as proposed. 2. A revised plan consistent with current zoning. 3. A revised plan with waivers and consistent with the Town Center Plan. 4. Focus on the future development of the Town Center. The staff recommended development approach 2, 3, or 4. The Planning Commission voted 7-0 to recommend approval of the project (alternative approach #1--the plan as proposed) at the June 23, 2008 meeting. Attachments 1. Resolution PUD Concept Review 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 THE EXCELSIOR GROUP 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 June 23, 2008, on Top Dog Country Club & Vet Clinic by The Excelsior Group 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 July 15, 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 July 15, 2008. 3. That the PUD Concept meets the recommendations of the Planning Commission June 23, 2008. ADOPTED by the City Council of the City of Eden Prairie this 15th day of July, 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: June 20, 2008 SUBJECT: Top Dog Country Club and Vet Clinic APPLICANT: The Excelsior Group OWNER: KIMCO Realty Corp LOCATION: 8040 Glen Lane 120 DAY REVIEW: Expires October 1, 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 June 20,2008 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. The Top Dog Country Club and Vet Clinic project was reviewed at the January 14, 2008 Planning Commission Meeting. The Planning Commission voted 5-0, with 1 abstention to approve the project as submitted. The applicant, Grootwassink/Fendler Patterson Construction, Inc withdrew the project from further review with the City Council on April 8, 2008. The Excelsior Group is the new applicant with Fendler Patterson as the contractor. 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. 2 Staff Report—Top Dog Country Club and Vet Clinic June 20,2008 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. 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, 3 Staff Report—Top Dog Country Club and Vet Clinic June 20,2008 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. 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. 4 Staff Report—Top Dog Country Club and Vet Clinic June 20,2008 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. 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 5 Staff Report—Top Dog Country Club and Vet Clinic June 20,2008 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. 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 June 16, 2008 the Staff Report dated June 20, 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 6 Staff Report—Top Dog Country Club and Vet Clinic June 20,2008 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. 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. The waiver for parking shall be unique to the dog daycare and vet clinic, and not transferable to another retail use. Alternative Two Recommend that the project be continued to the July 14, 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 Area Location Map - Top Dog Country Club & Vet Clinic Address: 8040 Glen Lane --- .,_.....,.,_..__\--------______----I \/ / A (\ -- - L Eden Rd Glen La SITE 7 r ap,, -, 1 Singletree La Flying Cloud Dr/HWY 212 ( I "6\\\ , oS e Zoning Map Top Dog Country Club & Vet Clinic 8040 Glen Lane oil . -----,...,,, 1111 ismaigli Eden Ind SITE41:1121.,, = li' illik - Singletree La - •- //'' f Flying Cloud Dr/HWY 212 1 i \----- c • :. -mpriiii: "- — - itt - 1 Rural kW Highway Commercial Shoreland Management Classifications N I Ri-04 One Family-44,000 sf.min. I.Regional Service Commercial N£ Natural Environment Waters R1-22 One Family-22,060 sf min. NM Regional Commercial I RDI Recreational Development Waters I GDJ General Development Waters(Creeks Only) IN I R1-13.5 One Family-13,500 sf min. I 1 Industrial Park-2 Acre Min, 100- Year Flnand#21-2 E D E N n I R1-9.5 One Family-9,500 sf min. I 1 Industrial Park-5 Acre Min. Updated through Ordinance#21-2007 1 RM-6.5 Mulli-Family-8.7 U.P.A.max. 0 General Industrial-5 Acre Min. Ordinance ff33-2001(BF!Addition)approved.but not shown on this map edition ®RM-2.5 Multi-Family-17.4U-PA-max. I 1 Public Date:November 30,2007 PRAIRIE l�Office I I Golf Course win aaw�aeiyme`-ion la iae w ,»cry c:.eaim preys!. �e I I Neighborhood Commercial I I Water IIVE•4'rO P.K•6REArd I I Community Commercial I Right-of-Way Not to Scale Land Use Guide Plan Map Top Dog Country Club & Vet Clinic 8040 Glen Lane ,,.. Mir • -.''''''''.-NN4NNN\ SIIIIIII"- - „a v 41 ,r___ .... _____,, r • 1 Eden Rd l - - ' Fr . -- /. ______ . ---&-Asigucow .N.,„ 7 <4 Singletree La r • j' 1 _____//c , ' 4\1:11<heN' Flying Cloud DriHWY 212 • 00. • J11110 , , • . . 1 Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial ///I, Low Density/Public/Open Space I Community Commercial -Metropolitan Urban Service Line(MUSA) DATE Approved 03-10-03 I 1 Medium Density residential 2.5-10 Units/Acre rill Regional Commercial Creeks DATE Revised 01-07-05 DATE Revised 11-07-05 SP t-1 Medium DensityResidential/Office Park/Open Space -Principal Arterial DATE Revised02-23.06 E DEN l Ip p DATE Revised 03-23-OB ®A Minor Arterial DATERevsedooinloo p High Density Residential 10-40 Units/Acre Public/Quasi-Public —B Minor Arterial DATE Revised 12 09 05 PRAIRIE Office Golf Course DATE Revised 01 07 m®Major Collector DATE Revised 11-30-07 V��Office/Industrial ® Church!Cemetery —Minor Collector Office/Public/Open Space I 1 Open Water NM Industrial 1_ J Right-Of-Way ®Flying Cloud Airport Boundary N Not to Scale UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 23, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Cadman, John Kirk, Katie Lechelt, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Alan Gray, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Cadman and Lechelt. Rocheford showed up during the first public hearing. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Stoelting, to approve the agenda. Motion carried 6-0. PUBLIC HEARINGS TOP DOG COUNTRY CLUB & VET CLINIC Request for: Planned Unit Development Concept Review on 3.03 acres; Planned Unit Development District Review with waivers on 3.03 acres; Zoning District Amendment within the Commercial Regional Service Zoning District on 3.03 acres; Site Plan Review on 3.03 acres. Mike Mandy, of 3605 North Shore Drive and Partner of the Excelsior Group, presented the proposal. He stated this will be a straight-forward development. They will be taking over Franks and replacing it with Top Dog Country Club and Vet Clinic. The current plan calls for an amendment to the PUD. He also stated he feels these are two good businesses to be put into the area. Stoltz asked Franzen to review the staff report. Franzen stated the Commission has seen this staff report previously and the four alternatives for the Commission have not changed. The Planning Commission had previously voted 5-0-1 to go in favor of the project as proposed. Schultz asked Mr. Mandy if he could explain the frequency of people dropping off and picking up their pets. Jean Beuning, owner of Top Dog Country Club, addressed the question. She said most of the traffic will occur in the morning between 7-10 a.m., and in the evenings between 4-7 p.m. In regards to the Vet Clinic, they would have very low traffic needs. She also stated the parking needs are a lot less than if a retail store was in this area. Schultz asked if they have had communication with the residential units in the area. Ms. Beuning said she has not,but at the last meeting they had before the Commission is did not seem to be a problem with the area. Kirk asked, in regards to the long term vision, how this development would affect the Town Center. Stoelting commented it does not necessarily apply to the vision of the Town Center, but is kind of an intermediate step to the long term vision. Kirk asked Franzen if there were other uses for this space. Franzen said this was the only one that came forward. Kirk said he is conflicted about this because he feels it might compromise the vision of the Town Center. Pitzrick said since this site is not to be re-developed he does not see it as a huge impact to the area. He stated he sees it as an improvement to the area. Rocheford stated he recently had a dog facility move next to his business in St. Louis Park and he has not had a problem with them. MOTION by Rocheford, seconded by Schultz, to close the public hearing. Motion carried 7-0. MOTION by Rocheford, seconded by Pitzrick, to recommend approval of the Planned Unit Development Concept Review on 3.03 acres; Planned Unit Development District Review with waivers on 3.03 acres; Zoning District Amendment within the Commercial Regional Service Zoning District on 3.03 acres; Site Plan Review on 3.03 acres based on plans stamped dated June 16, 2008, and the staff report dated June 20, 2008. Motion carried 7-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims July 15, 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 175559 — 176495 Wire Transfers 3070 — 3089 City of Eden Prairie Council Check Summary 7/15/2008 Division Amount Division Amount General 68,956 430 G.O.Improvement Bonds 2006A 150,906 100 City Manager 1,275 431 G.O.Improvement Bonds 2006B 92,379 101 Legislative 4,261 433 2007A Facility Lease-3rd Rink 72,616 102 Legal Counsel 44,183 502 Park Development 85,290 104 Contingency 1,458 503 Utility Improvement 18,350 110 City Clerk 769 506 Improvment Bonds 1996 23,160 111 Customer Service 17,723 509 CIP Fund 190,043 112 Human Resources 50 511 Construction Fund 55,291 113 Communication Services 13,051 512 CIP Trails 4,623 114 Benefits&Training 4,956 515 Fire Station#4 3,313 116 Facilities 51,221 519 Community Center Expansion 190,054 117 City Center 103,705 520 Parks Referendum 13,491 119 Cmty Center-Facilities 88,768 522 Improvement Projects 2006 33,499 130 Assessing 1,766 601 Prairie Village Liquor 252,658 131 Finance 3,184 602 Den Road Liquor 385,640 132 Housing and Community Services 175 603 Prairie View Liquor 211,191 133 Planning 426 605 Den Road Building 1,158 135 Information Technology 144 701 Water Fund 219,099 136 Public Safety Communications 4,654 702 Sewer Fund 317,197 137 Economic Development 126 703 Storm Drainage Fund 69,039 150 Park Administration 1,725 802 494 Commuter Services 28,371 151 Park Maintenance 81,678 803 Escrow Fund 111,143 153 Organized Athletics 15,385 806 SAC Agency Fund 32,850 154 Community Center 7,496 807 Benefits Fund 1,111,684 155 Beaches 1,714 810 Workers Comp Insurance 113,026 156 Youth Programs 20,866 811 Property Insurance 11,853 157 Special Events 8,795 812 Fleet Internal Service 141,528 158 Adult Recreation 1,156 813 IT Internal Service 59,647 159 Recreation Administration 13,550 160 Therapeutic Recreation 2,063 Report Totals 4,975,351 161 Oak Point Pool 2,942 162 Arts 13,691 163 Outdoor Center 8,556 164 Park Rental Facilities 731 168 Arts Center 13,484 180 Police 25,340 183 Emergency Preparedness 408 184 Fire 18,404 186 Inspections 305 200 Engineering 1,078 201 Street Maintenance 26,451 202 Street Lighting 60,866 203 Fleet Services -99 301 CDBG 21,012 303 Cemetary Operation 516 304 Senior Board 465 308 E-911 110 309 DWI Forfeiture 20 312 Recycle Rebate 138 315 Economic Development 4,983 316 WAFTA 197 417 $3,390,000 Facility Bond 2000 750 418 HRA 2002A Lease Revenue Bonds 83,069 424 G.O.Improvement Bonds 2003D 25,981 429 G.O.Improvement Bonds 2005C 101,573 City of Eden Prairie Council Check Register 7/15/2008 Check# Amount Vendor/Explanation Account Description Business Unit 3070 97 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits 3071 1,529 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 3072 31,559 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3073 166,685 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 3074 12,876 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3075 17,499 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 3076 49,015 US BANK TRUST HRA Health and Benefits 3077 110,101 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 3078 369 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 3079 97,607 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 3080 77,000 MINNESOTA DEPT OF REVENUE Sales Tax Payable Prairie View Liquor Store 3081 12,998 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3082 17,752 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 3083 113,438 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 3084 5,100 US BANK TRUST HRA Health and Benefits 3085 33,753 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3086 181,566 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 3087 25,981 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D 3088 83,069 US BANK TRUST NATIONAL ASSN Interest HRA 2002A LEASE REVENUE BONDS 3089 417,474 WELLS FARGO BANK MINNESOTA NA Interest 2007A Facility Lease-3rd Rink 175560 350 20 STORIES HIGH Other Contracted Services Staring Lake Concert 175561 1,394 3D SPECIALTIES Contract Svcs-Asphalt/Concr. City Hall-CAM 175562 1,264 A MEYER'S ENTERPRISES INC Operating Supplies Outdoor Center 175563 1,079 A TO Z RENTAL CENTER Supplies-General Bldg Fire Station#1 175564 6,295 AERO DRAPERY AND BLIND Capital Under$10,000 CIP-Bonds 175565 2,256 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage 175566 3,250 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 CIP-Bonds 175567 727 AMSAN LLC Operating Supplies Community Center Maintenance 175568 825 ANCHOR PAPER COMPANY Operating Supplies Police 175569 747 ANCHOR PRINTING COMPANY Printing Police 175570 786 ASPEN CARPET CLEANING Other Contracted Services Prairie View Liquor Store 175571 884 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 175572 184 BACHMANS CREDIT DEPT Grounds Maintenance Utility Operations-General 175573 590 BEAL,KATIE Conference Expense Communication Services 175574 167 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Prairie View Liquor Store 175575 1,200 BOLD,PAULINE Instructor Service Outdoor Center 175576 2,227 BRAUN 1NTERTEC CORPORATION Equipment Testing/Cert. Water Treatment Plant 175577 245 BROADWAY AWARDS Operating Supplies Reserves 175578 171 BROCK WHITE CO Landscape Materials/Supp Park Maintenance 175579 297 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 175580 1,198 CENTERPOINT ENERGY Gas Forest Hills Park 175581 345 CHRISTIANSEN,MIKE Other Contracted Services Softball 175582 210 CLAREYS INC Safety Supplies Utility Operations-General 175583 812 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 175584 306 CORPORATE EXPRESS Office Supplies General 175585 161 COSTCO Operating Supplies Fire 175586 903 COSTCO Operating Supplies Senior Board 175587 299 DAKOTA MECHANICAL Contract Svcs-Plumbing Prairie Village Liquor Store 175588 249 DELEGARD TOOL CO Equipment Parts Fleet Operating 175589 86 DIRECTV Cable TV Community Center Admin 175590 13,065 DIVERSE BUILDING MAINTENANCE Janitor Service 3rd Sheet of Ice 175591 816 EARL F ANDERSEN INC Signs Traffic Signs 175592 24 EIGEN,BARB&CAIRAN Program Fee Classes/Programs/Events 175593 230 ELIASON,STEVE J Other Contracted Services Softball 175594 130 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 175595 20,165 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 175596 681 EXECUTIVE OCEAN Operating Supplies City Council 175597 117 FAGNANT,SUSAN Operating Supplies Outdoor Center 175598 62 FELTMAN,MARY Operating Supplies Classes/Programs/Events 175599 2,484 FENDLER PATTERSON Reimbursement-legal notices Planning 175600 710 FIRE SAFETY USA INC Protective Clothing Fire Check# Amount Vendor/Explanation Account Description Business Unit 175601 762 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 175602 100 GARELIK,GREGORIY Refunds Environmental Education 175603 589 GRAINGER Clothing&Uniforms General Facilities 175604 10,626 GRAYMONT Treatment Chemicals Water Treatment Plant 175605 45 GROTH MUSIC Operating Supplies Community Band 175606 350 HARMON INC. Contract Svcs-General Bldg Park Shelters 175607 3,952 HAWKINS INC Treatment Chemicals Water Treatment Plant 175608 17 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 175609 375 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 175610 475 HYDROLOGIC WATER MANAGEMENT Landscape Materials/Supp Street Maintenance 175611 1,826 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 175612 50 IPMA MINNESOTA Conference Expense Human Resources 175613 51 IRMITER,JESSE Canine Supplies Police 175614 3,853 KEEPERS Clothing&Uniforms Police 175615 378 KELLER FENCE COMPANY INC Grounds Maintenance Utility Operations-General 175616 450 KID CORE Other Contracted Services Staring Lake Concert 175617 740 KORSMO,ANNE Other Contracted Services Basketball 175618 556 KRAEMER MINING&MATERIALS INC Gravel Water System Maintenance 175619 14 KRAEMERS HARDWARE INC Recreation Supplies Softball 175620 34 KRUEGER,JOLEEN Operating Supplies Girls on the Run 175621 102 LAB SAFETY SUPPLY INC Safety Supplies Utility Operations-General 175622 482 LAKE COUNTRY DOOR LLC Building Repair&Maint. Utility Operations-General 175623 11,853 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 175624 67 LINDAHL,DAVID Mileage&Parking Economic Development 175625 250 LUCKHARDT,JERRY Other Contracted Services Staring Lake Concert 175626 478 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 175627 102 MCCARTHY,ARDIS&BOB Program Fee Trips 175628 20 MCMASTER-CARR SUPPLY CO. Small Tools Water Treatment Plant 175629 304 MENARDS Cleaning Supplies Utility Operations-General 175630 575 MERRY BOBB MUSIC INC Other Contracted Services Staring Lake Concert 175631 1,075 MIDWEST TESTING OCS-Meter Testing Water Metering 175632 32 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 175633 151 MINNESOTA CONWAY Operating Supplies Fire 175634 1,571 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 175635 34 MINNESOTA VALLEY ELECTRIC COOP Electric Douglas More House 175636 241 MINNESOTA VALLEY WHOLESALE Landscape Materials/Supp Park Maintenance 175637 362 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 175638 300 MPSA Conference Expense Park Maintenance 175639 25 MYERS,JEAN Training Supplies Fitness Classes 175640 24,474 NELSON DODGE-GMC Autos Fire 175641 29 NEWPAPER LLC Miscellaneous City Clerk 175642 145 NORTHERN LIGHTS DISPLAY Recreation Supplies Heritage Preservation 175643 696 PARK NICOLLET CLINIC Health&Fitness Fire 175644 1,000 PERSONNEL DECISIONS INTL Other Contracted Services City Manager 175645 841 PETTY CASH Dues&Subscriptions Fire 175646 301 PETTY CASH-POLICE DEPT Operating Supplies Reserves 175647 51 PICKERING,MARIE Program Fee Trips 175648 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 175649 63,380 PRAIRIE ELECTRIC COMPANY Building CIP-Bonds 175650 175 PRAIRIE OFFSET PRINTING Printing Street Maintenance 175651 3,788 QWEST RESOURCE ALLOCATION-BART Improvement Contracts CIP Trails 175652 51 RAVNHOLDT,WINNIE Program Fee Trips 175653 269 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 2006 175654 181,121 RJM CONSTRUCTION INC Improvements to Land Park Acquisition&Dev Fixed A 175655 1,979 RMR SERVICES LLC Equipment Parts Water Metering 175656 350 ROTH,JUSTIN Other Contracted Services Staring Lake Concert 175657 205 SCOTT COUNTY Deposits Escrow 175658 98 SHAH,AJIT Refunds Environmental Education 175659 95 SHRED-IT Waste Disposal City Center Operations 175660 4,284 SIGNSOURCE Building Community Center Referendum 175661 100,000 SOLOMON REAL ESTATE GROUP INC Deposits Escrow 175662 2,744 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 175663 35 SPS COMPANIES Repair&Maint.Supplies Park Maintenance 175664 3,265 SQUARE CUT Equipment Repair&Maint Police 175665 3,754 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 175666 125 STATE OF MINNESOTA Other Contracted Services Fleet Operating 175667 504 STATE SUPPLY COMPANY Supplies-Plumbing Historical Buildings 175668 51 STODOLA,EDITH Program Fee Trips 175669 687 STREICHERS Clothing&Uniforms Police 175670 200 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 175671 810 SUN NEWSPAPERS Employment Advertising Organizational Services 175672 2,252 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concrt Fire Station#4 175673 500 SUTTER,ROSS Other Contracted Services Staring Lake Concert 175674 961 TESSMAN SEED CO Landscape Materials/Supp Street Maintenance 175675 4,550 THATCHER COMPANY OF MONTANA Treatment Chemicals Water Treatment Plant 175676 604 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 175677 53 UNIFORMS UNLIMITED Clothing&Uniforms Police 175678 386 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Historical Buildings 175679 433 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 175680 3,711 US POSTMASTER-HOPKINS Postage Communication Services 175681 113 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 175682 1,785 WORK CONNECTION,THE Other Contracted Services Park Maintenance 175683 4,226 YALE MECHANICAL INC Other Contracted Services City Center Operations 175684 400 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 175685 782 ZOELLNER,MARK Other Contracted Services Softball 175686 468 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage 175687 76 AL'S COFFEE Merchandise for Resale Concessions 175688 135 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 175689 150 AMERITRAK Other Contracted Services Street Maintenance 175691 6,891 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 175692 11,596 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 175693 3,685 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 175694 66 EARL F ANDERSEN INC Signs Traffic Signs 175695 640 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 175696 357 EXECUTIVE OCEAN Operating Supplies Special Events(CC) 175697 1,038 FERRELLGAS Equipment Parts Fleet Operating 175698 27 FORCE AMERICA Equipment Parts Fleet Operating 175699 823 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 175700 132 GRAPE BEGINNINGS Transportation Den Road Liquor Store 175702 19,502 GRIGGS COOPER&CO Transportation Den Road Liquor Store 175703 103 GS DIRECT Operating Supplies Engineering 175704 156 HIGHWAY TECHNOLOGIES INC Repair&Maint.Supplies Water System Maintenance 175705 121 IMAGETECH SERVICES Operating Supplies Park Maintenance 175706 780 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 175707 11,547 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store 175711 35,838 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 175712 186 KEEPERS Clothing&Uniforms Fire 175713 371 KRAEMER MINING&MATERIALS INC Repair&Maint.Supplies Storm Drainage 175714 284 LOWERY,THOMAS Tuition Reimbursement/School Police 175715 184 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 175716 1,490 MACPHAIL CENTER FOR MUSIC Other Contracted Services Leisure Education 175717 874 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Fleet Operating 175718 15,487 MARK VII Beer Prairie View Liquor Store 175719 271 MENARDS Repair&Maint.Supplies Water System Maintenance 175720 2,661 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 175721 1,541 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 175722 1,252 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 175723 713 MT GLOBAL LLC Transportation Prairie View Liquor Store 175724 768 PAT KERNS WINE MERCHANTS Transportation Prairie Village Liquor Store 175725 3,091 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 175728 9,690 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 175730 15,291 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store 175731 2,995 R D&ASSOC SPECIALIZED SERVIC Other Contracted Services Tree Removal 175732 340 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 175733 29,301 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006 175734 605 SOUTHWEST OUTDOOR POWER Small Tools Park Maintenance 175735 99 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 175736 586 SURLY BREWING CO Beer Prairie View Liquor Store 175737 24,388 THORPE DISTRIBUTING Beer Prairie View Liquor Store 175738 180 VINO SOURCE,THE Liquor Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 175739 589 VINOCOPIA Transportation Den Road Liquor Store 175740 54 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 175741 945 WINE COMPANY,THE Transportation Den Road Liquor Store 175743 5,736 WINE MERCHANTS INC Transportation Prairie View Liquor Store 175744 770 WORLD CLASS WINES INC Transportation Den Road Liquor Store 175745 176 ZIEGLER INC Equipment Parts Fleet Operating 175746 50,000 MIDWEST PLAYSCAPES Other Assets Park Acquisition&Development 175747 20 RICHFIELD,CITY OF Autos Fire 175748 400 AFTER 5 Other Contracted Services Staring Lake Concert 175749 900 MIDDLE SPUNK CREEK BOYS,THE Other Contracted Services Riley-Jacques Barn 175750 300 TRIALL RO-CRUA Other Contracted Services Staring Lake Concert 175751 10 DRIVER&VEHICLE SERVICES Operating Supplies Senior Center Administration 175752 464 DUCE,MICHELLE R Deposits Escrow 175753 1,000 METRO DESIGN CENTER LLLC Right of Way&Easement Improvement Projects 2006 175754 32,522 METROPOLITAN COUNCIL Other Revenue General Fund 175755 800 A MEYER'S ENTERPRISES INC Operating Supplies Outdoor Center 175756 742 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 175757 37 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 175758 80 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 175759 700 ACTIVE NETWORK INC,THE Passport to fun Recreation Administration 175760 59 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Den Bldg.-CAM 175761 1,349 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage 175762 1,386 ALEX AIR APPARATUS INC Equipment Testing/Cert. Fire 175763 595 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 175764 173 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 175765 149 ANCHOR PRINTING COMPANY Printing City Council 175766 19 ANDERSON,TIM AR Utility Water Enterprise Fund 175767 87 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 175768 731 ASPEN CARPET CLEANING Other Contracted Services Prairie Village Liquor Store 175769 650 BAKER ASSOCIATES INC Capital Under$10,000 Capital Impr./Maint.Fund 175770 1,234 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 175771 169 BEARPATH GOLF AND COUNTRY CLUB Outside Water Sales Water Enterprise Fund 175772 5,033 BELLBOY CORPORATION Transportation Prairie View Liquor Store 175773 1,395 BERCOM INTERNATIONAL LLC Fire Prevention Supplies Fire 175774 774 BME CONSULTING Other Contracted Services Assessing 175775 400 BOLD,PAULINE Instructor Service Outdoor Center 175776 100 BRAGG,ANNALISA Instructor Service Outdoor Center 175777 41 BRUENING,CHARLOTTE Grounds Maintenance Senior Board 175778 90 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 175779 457 CAT&FIDDLE BEVERAGE Wine Domestic Prairie View Liquor Store 175780 3,322 CENTURYTEL Telephone Sewer Liftstation 175781 177 CHOICE INC Other Contracted Services Prairie Village Liquor Store 175782 307 CLAREYS INC Safety Supplies Fleet Operating 175783 69 COMCAST Capital Under$10,000 Capital Impr./Maint.Fund 175784 391 CORPORATE EXPRESS Office Supplies General 175785 116 D'AMICO AND SONS Conference Expense City Council 175786 166 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 175787 62 DART PORTABLE STORAGE INC Other Contracted Services Fire Station#4 175788 6,538 DAY DISTRIBUTING Wine Domestic Prairie View Liquor Store 175789 236 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Center Operations 175790 1,787 DELL Capital Under$10,000 CIP-Bonds 175791 813 DNR Clothing&Uniforms Recreation Administration 175792 2,071 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 175793 534 ELVIN SAFETY LLC Equipment Testing/Cert. Fire 175794 294 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 175795 315 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 175796 994 FAGNANT,SUSAN Operating Supplies Outdoor Center 175797 662 FERRELLGAS Gas Outdoor Center 175798 255 FISHER SCIENTIFIC Laboratory Chemicals Water Treatment Plant 175799 72 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 175800 12 GALBRECHT,SYLVIA Program Fee Classes/Programs/Events 175801 98 GINA MARIAS INC Miscellaneous Police 175802 1,552 GRAINGER Small Tools Water Treatment Plant 175803 830 GRANICUS INC Software Maintenance IT Operating 175804 609 GRAPE BEGINNINGS Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 175805 655 GRAPHIC SOURCE INC Advertising Riley-Jacques Barn 175806 8,212 GRAYMONT Treatment Chemicals Water Treatment Plant 175808 18,334 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store 175809 30 HALLEN,LAURA AR Utility Water Enterprise Fund 175810 30,460 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 175811 206,257 HEALTHPARTNERS COBRA Health and Benefits 175812 444 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 175813 94 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 175814 250 HENNEPIN COUNTY TREASURER Operating Supplies Planning 175815 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 175816 2,254 HOHENSTEINS INC Beer Prairie View Liquor Store 175817 687 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 175818 209 ICI DULUX PAINT CTRS Equipment Repair&Maint Traffic Signals 175819 173 IMAGETECH SERVICES Operating Supplies Traffic Signals 175820 20,853 INTEGRA TELECOM Other Contracted Services IT Operating 175821 810 JELLY BEANS Instructor Service Arts&Drama Programs 175822 23,417 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store 175823 550 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 175825 26,342 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 175826 12 JULLIE,ARLENE Program Fee Classes/Programs/Events 175827 1,223 KEEPERS Clothing&Uniforms Police 175828 1,159 KRAEMER MINING&MATERIALS INC Gravel Street Maintenance 175829 60 KRAEMERS HARDWARE INC Supplies-Electrical Historical Buildings 175830 167 LANDS END CORPORATE SALES Clothing&Uniforms Police 175831 1,715 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 175832 717 LIGHTNING PRINTING INC Printing Cummins House Special Events 175833 31,376 LOGIS LOGIS IT Operating 175834 354 M.AMUNDSON LLP Misc Non-Taxable Prairie View Liquor Store 175835 97 MARCER,LEE AR Utility Water Enterprise Fund 175836 22,894 MARK VII Misc Taxable Prairie View Liquor Store 175837 766 MENARDS Repair&Maint.Supplies Water Treatment Plant 175838 414 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 175839 200 METRO LEAK DETECTION OCS-Utility Locates Water System Maintenance 175840 1,299 METRO SALES INCORPORATED* Equipment Repair&Maint Engineering 175841 4,845 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 175842 55,291 MINGER CONSTRUCTION INC Improvement Contracts Construction Fund 175843 4,189 MINNESOTA ATHLETIC APPAREL Operating Supplies Recreation Administration 175844 15 MINNESOTA FIRE CHIEF MAGAZINE Dues&Subscriptions Fire 175845 3,770 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 175846 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 175847 469 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Wireless Communication 175848 346 MOTION INDUSTRIES INC. Equipment Repair&Maint Water Treatment Plant 175849 158 MOTOROLA Equipment Repair&Maint Wireless Communication 175850 2,128 MT GLOBAL LLC Wine Imported Den Road Liquor Store 175851 322 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 175852 688 NCT INC Conference Expense IT Operating 175853 97 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 175854 1,845 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Capital Impr./Maint.Fund 175855 237 OHIO DEPT.OF PUBLIC SAFETY Equipment Testing/Cert. Fire 175856 100 OTTERNESS,RON Instructor Service Outdoor Center 175857 260 PAGING&WIRELESS SERVICE CENT Equipment Repair&Maint Wireless Communication 175858 29,748 PARROTT CONTRACTING INC OCS-Utility Locates Water System Maintenance 175859 1,820 PAUL'S TWO-WAY RADIO Other Contracted Services Fire Station#4 175860 4,068 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 175861 14 PC MALL Operating Supplies Street Maintenance 175862 294 PETTY CASH Operating Supplies Classes/Programs/Events 175864 16,301 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 175865 31,467 PRAIRIE ELECTRIC COMPANY Building CIP-Bonds 175866 580 PRAIRIE EQUIPMENT COMPANY Repair&Maint.Supplies Sewer System Maintenance 175867 1,113 PRIOR WINE COMPANY Transportation Den Road Liquor Store 175868 472 PSC ALLIANCE Capital Under$10,000 CIP-Bonds 175870 11,708 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 175871 6,188 QUANTUM ART INC Software Maintenance IT Operating 175872 1,109 QWEST Telephone Wireless Communication 175873 599 R D&ASSOC SPECIALIZED SERVIC Other Contracted Services Tree Removal Check# Amount Vendor/Explanation Account Description Business Unit 175874 876 RELIAKOR SERVICES INC Other Contracted Services Park Maintenance 175875 106 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 175876 3,531 RIPPE PRINT COMMUNICATIONS Printing Riley-Jacques Barn 175877 467 ROOT 0 MATIC Contract Svcs-Plumbing Police City Center 175878 57 SCHARBER&SONS Equipment Parts Fleet Operating 175879 321 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 175880 1,380 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 175881 22 SNAP-ON TOOLS Small Tools Fleet Operating 175882 25 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating 175883 176 STREICHERS Clothing&Uniforms Police 175884 200 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 175886 1,932 TESSMAN SEED CO Landscape Materials/Supp Street Maintenance 175887 543 THE OASIS GROUP Employee Assistance Organizational Services 175888 18,432 THORPE DISTRIBUTING Beer Prairie View Liquor Store 175889 499 TOP NOTCH TREECARE Other Contracted Services Tree Disease 175890 599 TRANS ALARM INC Other Contracted Services Fire Station#4 175891 258 TRUE FABRICATIONS Transportation Den Road Liquor Store 175892 202 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 175893 2,256 USA MOBILITY WIRELESS INC Pager&Cell Phone Wireless Communication 175894 251 VERIZON WIRELESS Pager&Cell Phone Police 175895 122 VINO SOURCE,THE Transportation Den Road Liquor Store 175896 4,919 VTI Other Assets CIP-Bonds 175897 629 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 175898 1,560 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 175899 677 WATSON FURNITURE GROUP Capital Under$10,000 CIP-Bonds 175900 325 WEEDMAN,NICOLE Operating Supplies Youth Programs Administration 175901 1,758 WHEELER LUMBER LLC Landscape Materials/Supp Storm Drainage 175902 1,968 WINE COMPANY,THE Transportation Prairie View Liquor Store 175903 3,199 WINE MERCHANTS INC Transportation Den Road Liquor Store 175904 3,711 WM MUELLER AND SONS INC Gravel Water System Maintenance 175905 2,059 WORK CONNECTION,THE Other Contracted Services Park Maintenance 175906 1,603 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 175907 123,636 XCEL ENERGY Electric City Hall-CAM 175908 138 IRMITER,JESSE Tuition Reimbursement/School Police 175909 545 REID Tuition Reimbursement/School Police 175910 159 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 175911 1,119 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 175912 90 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 175913 170 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 175914 2,465 DIVERSIFIED GRAPHICS INC Postage Fire 175915 1,258 HOMELINE Refunds CDBG-Public Service 175916 22,234 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 175918 90 ANDERSON,LYDIA Other Contracted Services Teen Work Program 175919 90 ASHTIANI,SHAYAN Other Contracted Services Teen Work Program 175920 90 BALES,SEAN Other Contracted Services Teen Work Program 175921 100 BARNES,BELINDA A. Other Contracted Services Volleyball 175922 72 BARTNIK,AARON B Other Contracted Services Teen Work Program 175923 63 BERRETH,NATALIE E Other Contracted Services Teen Work Program 175924 72 BRIDENSTINE,MADELEINE P Other Contracted Services Teen Work Program 175925 2,168 BUCK,NATHAN Other Contracted Services Volleyball 175926 90 CALDERON,CHRISTOPHER J Other Contracted Services Teen Work Program 175927 72 CRAMPTON,KELLY A Other Contracted Services Teen Work Program 175928 81 CRUMRINE,ROBERT R Other Contracted Services Teen Work Program 175929 90 ENDRES,REBECCA A Other Contracted Services Teen Work Program 175930 90 FALLDIN,ZACHARY K Other Contracted Services Teen Work Program 175931 90 FREUDENBERG,JESSICA R Other Contracted Services Teen Work Program 175932 1,019 GENUINE PARTS COMPANY Lubricants&Additives Utility Operations-General 175933 46 HALL,DERRECK Other Contracted Services Softball 175934 350 HAZELDEN PUBLISHING Tuition Reimbursement/School Police 175935 75 HENRY,PAUL Other Contracted Services Volleyball 175936 90 HOLM,SARAH A Other Contracted Services Teen Work Program 175937 460 HOLMES,TOM Other Contracted Services Softball 175938 63 HOU,YIDING Other Contracted Services Teen Work Program 175939 72 JASKULKE,TAYLOR A Other Contracted Services Teen Work Program 175940 225 JERDE,BRENDA Other Contracted Services Volleyball Check# Amount Vendor/Explanation Account Description Business Unit 175941 90 JOHNSON,CHASE Other Contracted Services Teen Work Program 175942 744 KRAMER,TRENT C Other Contracted Services Volleyball 175943 72 KRANTZ,ELIZABETH K Other Contracted Services Teen Work Program 175944 90 LANGEFELS,KELSEY Other Contracted Services Teen Work Program 175945 72 MARQUIS,KATHERINE I Other Contracted Services Teen Work Program 175946 500 MCBRIDE,JAYME AND JULIE Refunds Tree Disease 175947 483 MCGREGOR,RANDY Other Contracted Services Softball 175948 90 MILTON,EMILY G Other Contracted Services Teen Work Program 175949 72 MULLETT,JACKSON L Other Contracted Services Passport to Fun 175950 90 O'BRIEN LOREN D Other Contracted Services Teen Work Program 175951 72 O'CONNELL,KAYLEE M T Other Contracted Services Teen Work Program 175952 962 RAY,LEE Other Contracted Services Softball 175953 275 RICHARDS,BRIAN Other Contracted Services Internal Events 175954 63 SCHMIT,PATRICK K Other Contracted Services Teen Work Program 175955 90 SHAH,BANSARI B Other Contracted Services Teen Work Program 175956 72 SHAW,CARLEY Other Contracted Services Teen Work Program 175957 90 SYED,ZOHAIB Other Contracted Services Teen Work Program 175958 90 ULRICH,RYAN S Other Contracted Services Teen Work Program 175959 447 VANDENBERGHE,MARK Tuition Reimbursement/School Police 175960 63 WADNAL,ERIC E Other Contracted Services Teen Work Program 175961 540 1ST LINE/LEEWES VENTURES LLC Merchandise for Resale Concessions 175962 4,992 3RD LAIR Instructor Service Camps 175963 1,265 A MEYER'S ENTERPRISES INC Operating Supplies Outdoor Center 175964 279 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 175965 130 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 175966 9,342 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Operating 175967 20,472 ABM JANITORIAL NORTH CENTRAL Cleaning Supplies City Hall-CAM 175968 612 ABRAKADOODLE Instructor Service Preschool Events 175969 931 ADOLPH KIEFER Operating Supplies Round Lake Beach 175970 1,179 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage 175971 3,190 AMERICAN ENGINEERING TESTING I Improvements to Land Park Acquisition&Development 175972 335 AMERICAN PRESSURE INC Equipment Parts Water Treatment Plant 175973 90 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons 175974 142 AMERICAN SOLUTIONS FOR BUSINES Other Contracted Services City Council 175975 184 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 175976 21 AMSAN LLC Operating Supplies Park Shelters 175977 6,746 ANCHOR PRINTING COMPANY Printing Community Brochure 175978 20 ANDERSON,DAVID Deposits Community Center Admin 175979 14 ANDERSON,MARLAN Operating Supplies Senior Center Operations 175980 3 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 175981 189 ARMOR SECURITY INC. Other Contracted Services Outdoor Center 175982 2,549 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 175983 20 ASSOCIATION OF RECYCLING MANAG Dues&Subscriptions Recycle Rebate 175984 200 BALDINGER,WENDY Other Contracted Services Staring Lake Concert 175985 750 BANK OF NEW YORK,THE Paying Agent $3,390,000 Facility Bond 2000 175986 1,406 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 175987 982 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 175988 4,243 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 175989 212 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 175992 7,941 BIFFS INC Waste Disposal Park Maintenance 175993 60 BISCHOFF,DOUGLAS Deposits Community Center Admin 175994 2,273 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Fire Station#4 175995 956 BOLD,PAULINE Operating Supplies Outdoor Center 175996 20 BOURASSA,JUDY Deposits Community Center Admin 175997 60 BRAGG,ANNALISA Instructor Service Outdoor Center 175998 54 BRAUN INTERTEC CORPORATION Equipment Testing/Cert. Water Treatment Plant 175999 1,062 BTR OF MINNESOTA Equipment Parts Fleet Operating 176000 144 CAMPBELL KNUTSON,P.A. Legal WAFTA 176001 288 CANNON RIVER WINERY Transportation Den Road Liquor Store 176002 27,691 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 176003 810 CLAREYS INC Safety Supplies Fleet Operating 176004 3,715 CLEARWATER RECREATION Landscape Materials/Supp Park Maintenance 176005 3,500 COMMERCIAL HORIZONS,INC Deposits Escrow 176006 80 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 176007 1,956 CORPORATE EXPRESS Office Supplies General Check# Amount Vendor/Explanation Account Description Business Unit 176008 15 CUSTER,JUDY Program Fee Outdoor Center 176009 543 CUSTOM WATER WORKS Operating Supplies Recreation Administration 176010 69 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 176011 6,646 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 176012 414 DESAULNIERS,DAN Other Contracted Services Softball 176014 25,466 DIVERSE BUILDING MAINTENANCE Janitor Service Historical Buildings 176015 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 176016 20 DOWNING,TRACIE Deposits Community Center Admin 176017 25 E-Z SHARP INC Repair&Maint-Ice Rink Ice Arena Maintenance 176018 3,537 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 176019 2,185 ECOLAB INC Contract Svcs-Pest Control Historical Buildings 176020 597 EDEN INCENTIVES&PROMOTIONS Operating Supplies Recreation Administration 176021 72 EDEN PRAIRIE APPLIANCE Supplies-General Bldg Police City Center 176022 2,500 EDEN PRAIRIE CHAMBER OF COMMER Other Contracted Services Economic Development Fund 176023 13 EDEN PRAIRIE WINLECTRIC Operating Supplies Traffic Signals 176024 276 ELIASON,STEVE J Other Contracted Services Softball 176025 406 EMBEDDED SYSTEMS INC Operating Supplies Emergency Preparedness 176026 153 ENGRAVING AWARDS&GIFTS Operating Supplies Special Events(CC) 176027 15,149 ENVIRONMENTAL PROCESS INC Improvements to Land Capital Impr./Maint.Fund 176028 6,570 EPA AUDIO VISUAL INC Capital Under$10,000 CIP-Bonds 176029 1,091 EULL'S MANUFACTURING CO INC Equipment Parts Sewer System Maintenance 176030 46 FAGNANT,SUSAN Operating Supplies Outdoor Center 176031 67 FASTENAL COMPANY Repair&Maint.Supplies Water System Maintenance 176032 224 FEDEX Postage General 176033 517 FERRELLGAS Gas Riley Lake 176034 20 FERSTER,GEOFFREY Deposits Community Center Admin 176035 366 FISHER SCIENTIFIC Process Control Equipment Water Treatment Plant 176036 599 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 176037 218 FORCE AMERICA Equipment Parts Fleet Operating 176038 550 FORDAHL,TAMARA Other Contracted Services Volleyball 176039 446 FORKLIFTS OF MINNESOTA INC Equipment Testing/Cert. Water Treatment Plant 176040 40 FUGLESTEN,BONNIE&LARRY Deposits Community Center Admin 176041 784 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 176042 1,446 GE CAPITAL Other Rentals General 176043 3,500 GELDNER CONSTRUCTION INC Other Contracted Services Park Maintenance 176044 75 GERMSCHEID,DEB Program Fee Outdoor Center 176045 553 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 176046 1,276 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 176047 20 GOEDJEN,TIFFANY Deposits Community Center Admin 176048 1,839 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 176049 1,215 GRAINGER Cleaning Supplies Community Center Maintenance 176050 20 GRANROTH,BRADLEY Deposits Community Center Admin 176051 3,731 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 176052 1,768 GRAYBAR Supplies-Electrical City Center Operations 176053 13,650 GRAYMONT Treatment Chemicals Water Treatment Plant 176054 321 GREATAMERICA LEASING CORP. Postage General 176056 15,454 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 176057 40 GUILLE,DAVID&LINDA Deposits Community Center Admin 176058 14,460 GUNNAR ELECTRIC CO INC Other Contracted Services Round Lake 176059 100 HAGIWARA,MIE Refunds Environmental Education 176060 30 HAPPE,SHANNON Program Fee Camps 176061 298 HARMON INC. Contract Svcs-General Bldg Community Center Maintenance 176062 2,880 HAWKINS INC Treatment Chemicals Water Treatment Plant 176063 329 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 176064 205,441 HEALTHPARTNERS COBRA Health and Benefits 176065 1,250 HEARTLAND DISTRIBUTION LLC Tires Fleet Operating 176066 222 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Wireless Communication 176067 2,160 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 176068 1,655 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 176069 2,901 HENNEPIN COUNTY TREASURER Board of Prisoner Police 176070 265 HENNEPIN COUNTY TREASURER Improvement Contracts CIP Trails 176071 125 HIRSCH,MADELINE Other Contracted Services Volleyball 176072 10 HONG,BIN Open Fees Ice Arena 176073 100 HU,YONMEI OR XIAOPING,GUO Refunds Environmental Education 176074 120 IACP/LEIM Dues&Subscriptions Police Check# Amount Vendor/Explanation Account Description Business Unit 176075 2,682 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water System Maintenance 176076 441 IND SCHOOL DIST 272 Operating Supplies Youth Programs Administration 176077 1,087 INFRATECH Repair&Maint.Supplies Water System Maintenance 176078 375 INTEGRA TELECOM Other Contracted Services IT Operating 176079 28,353 INTEREUM INC Capital Under$10,000 Capital Impr./Maint.Fund 176080 180 INTERNATIONAL CODE COUNCIL Dues&Subscriptions Inspections-Administration 176081 15 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 176082 2,449 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells 176083 10,288 J&D WINDOW CLEANING Window Cleaning City Hall-CAM 176084 106 JANEX INC Operating Supplies City Hall-CAM 176085 1,969 JANNINGS ACOUSTICS INC Building CIP-Bonds 176086 368 JENKINS,JOEL S Other Contracted Services Softball 176087 12,598 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store 176090 44,991 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 176091 236 KEEPERS Clothing&Uniforms Police 176092 40 KELM,GREGORY Deposits Community Center Admin 176093 5 KENNEDY,ROXANNE Operating Supplies Ice Arena 176094 3,251 KEVLIN,CARL Other Contracted Services Rehab 176095 4,000 KOT ENTERPRISES Other Contracted Services July 4th Celebration 176096 649 KRAEMER MINING&MATERIALS INC Asphalt Overlay Street Maintenance 176097 191 KRAEMERS HARDWARE INC Equipment Parts Fleet Operating 176098 3 KRETMAN,MATT Sales Tax Payable General Fund 176099 349 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM 176100 350 KROOG,RACHAEL Other Contracted Services Staring Lake Concert 176101 15 KUNTZE,JANE Events/Admission Fee Teen Programs 176102 50 LANDS END CORPORATE SALES Clothing&Uniforms Police 176103 20 LARSON,ARVID Deposits Community Center Admin 176104 113,026 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 176105 375 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 176106 20 LEWANDOSKI,JAMES Deposits Community Center Admin 176107 345 LONESKY,JAMES G Other Contracted Services Softball 176108 135 LOTTHAMMER,JAY Operating Supplies Parks Administration 176109 20 LUTHER,ROBERT Deposits Community Center Admin 176110 400 MAACO Equipment Repair&Maint Fleet Operating 176111 40 MARGO,TERRI&KATHI Deposits Community Center Admin 176112 18,837 MARK VII Misc Taxable Prairie View Liquor Store 176113 645 MAROTTA,VIC Instructor Service Spring Skill Development 176114 800 MARTIN-MCALLISTER Employment Support Test Organizational Services 176115 500 MATHESON,TODD R Other Contracted Services Staring Lake Concert 176116 399 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 176117 20 MATTSON,BONNIE Deposits Community Center Admin 176118 1,053 MCFARLAND CONSTRUCTION COMPANY Contract Svcs-General Bldg Fire Station#2 176119 35 MCFOA Dues&Subscriptions City Clerk 176120 20 MCKAY,JANE Deposits Community Center Admin 176121 537 MENARDS Repair&Maint.Supplies Fire 176122 575 MERRY BOBB MUSIC INC Other Contracted Services July 4th Celebration 176123 7,003 METRO SALES INCORPORATED* Other Rentals General 176124 254,815 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 176125 967 METROPOLITAN FORD Equipment Parts Fleet Operating 176126 944 MIDWEST AQUA CARE INC Other Contracted Services Park Maintenance 176127 3,132 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 176128 1,122 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 176129 6,000 MIDWEST DESIGN CO Other Contracted Services Communication Services 176130 80 MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police 176131 150 MINNESOTA CONWAY Operating Supplies Fire 176132 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 176133 35 MINNESOTA DEPT OF HEALTH Licenses&Taxes Concessions 176134 45 MINNESOTA FIRE CHIEF MAGAZINE Dues&Subscriptions Fire 176135 3,924 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 176136 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Water Treatment Plant 176137 100 MINNESOTA RECREATION&PARK AS Employment Advertising Organizational Services 176138 426 MINNESOTA SAFETY SERVICES LLC Recreation Supplies Pool Lessons 176139 1,613 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 176140 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 176141 5,895 MMKR Audit&Financial Sewer Accounting Check# Amount Vendor/Explanation Account Description Business Unit 176142 500 MOLEK,ANTHONY M Other Contracted Services Staring Lake Concert 176143 110 MURPHY,TRICIA Round Lake Pavilion Park Facilities 176144 44,309 NELSON DODGE-GMC Autos Police 176145 736 NEUMANN,NEAL Other Contracted Services Softball 176146 1,868 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 176147 67 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 176148 2,090 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 176149 67 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 176150 176 NUCO2 INC Chemicals Pool Maintenance 176151 20 O'CONNOR,KATHLEEN Deposits Community Center Admin 176152 11 OLSEN COMPANIES Equipment Parts Fleet Operating 176153 2,000 OLSEN,RICHARD Other Contracted Services July 4th Celebration 176154 3,248 OLYMPIC HILLS GOLF CLUB Operating Supplies Reserves 176155 147 OSI BATTERIES INC Office Supplies General 176156 342 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 176157 37 PARK NICOLLET OPTICAL Protective Clothing Fire 176158 3,292 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 176159 126 PC MALL Other Hardware IT Operating 176160 391 PFEIFER,JASON Other Contracted Services Softball 176161 100 PHILLIPPI,JOEL Refunds Environmental Education 176163 15,915 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 176164 464 PICKLE,BRAD Operating Supplies Girls on the Run 176165 147 POKORNY COMPANY Supplies-Plumbing Community Center Maintenance 176166 500 POP WAGNER INC Other Contracted Services Staring Lake Concert 176167 34,880 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Den Road Building 176168 108 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 176169 247 PRIOR WINE COMPANY Transportation Den Road Liquor Store 176170 20 PROCTOR,MILDRED Deposits Community Center Admin 176171 1,458 PROFORMA Miscellaneous Reserve 176172 20 PRONDZINSKI,JENNIFER Deposits Community Center Admin 176173 201 PROP United Way Withheld General Fund 176174 5,063 PROSOURCE ONE Chemicals Park Maintenance 176175 111 PROTECTION ONE Other Contracted Services Cummins Grill 176176 129 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 176178 13,205 QUALITY WINE&SPIRITS CO Wine Imported Prairie View Liquor Store 176179 99 QUICKSILVER EXPRESS COURIER Postage General 176180 54 QWEST Telephone Sewer Liftstation 176181 245 R D&ASSOC SPECIALIZED SERVIC Other Contracted Services Tree Removal 176182 676 RAY,LEE Other Contracted Services Softball 176183 499 RECREONICS Operating Supplies Oak Point Lessons 176184 269 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 2006 176185 23,141 RELIAKOR SERVICES INC Sweeping Storm Drainage 176186 18 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 176187 15 RUMFORD,JOAN Program Fee Classes/Programs/Events 176188 483 S&S WORLDWIDE Recreation Supplies Oak Point Lessons 176189 51 SCHARBER&SONS Equipment Parts Fleet Operating 176190 20 SCHNEIDER,NICHOLAS Deposits Community Center Admin 176191 12 SCHUMACHER,LANA Program Fee Outdoor Center 176192 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 176193 431 SETON IDENTIFICATION PRODUCTS Supplies-General Bldg Community Center Maintenance 176194 731 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 176195 575 SIEMENS BUILDING TECHNOLOGIES Contract Svcs-Fire/Life/Safe Community Center Maintenance 176196 450 SIGNAL SYSTEMS INC. Software Maintenance IT Operating 176197 196 SIGNATURE CONCEPTS INC. Clothing&Uniforms Park Maintenance 176198 14 SNAP-ON TOOLS Small Tools Fleet Operating 176199 70 SORENSEN,ED Mileage&Parking Water Distribution 176200 175 SOSNIECKI,BEN Mileage&Parking Tree Disease 176201 4,042 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 176202 1,790 SPIRIT APPAREL&STUFF Clothing&Uniforms Oak Point Operations 176203 1,729 SPRI PRODUCTS INC Capital Under$10,000 Capital Impr./Maint.Fund 176204 78 SPRINT Telephone Engineering 176205 15,431 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund 176206 658 ST LOUIS PARK,CITY OF Other Rentals Staring Lake Concert 176207 590 STAYWELL COMPANY,THE Recreation Supplies Pool Lessons 176208 433 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit 176209 72 STOVRING,LESLIE Operating Supplies Recycle Rebate 176210 853 STREICHERS Training Supplies Police 176211 11,560 STUDER MASONRY Other Contracted Services Rehab 176212 577 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 176213 69 SUN NEWSPAPERS Advertising Communication Services 176214 502 SURLY BREWING CO Beer Den Road Liquor Store 176215 20 TASKAR,PRAMOD Deposits Community Center Admin 176216 482 TBEI INC Equipment Parts Fleet Operating 176217 21,042 THORPE DISTRIBUTING Beer Prairie View Liquor Store 176218 1,960 THYSSENKRUPP ELEVATOR CORPORAT Maintenance Contracts Water Treatment Plant 176219 146 TOM'S WINDOW CLEANING Janitor Service-General Bldg Prairie View Liquor Store 176220 450 TOTAL ENTERTAINMENT Other Contracted Services July 4th Celebration 176221 102 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store 176222 425 UNDERWATER WORLD MALL OF AMERI Other Contracted Services July 4th Celebration 176223 2,710 UNITED RENTALS NORTHWEST INC Machinery&Equipment Storm Drainage 176224 203 UNITED WAY United Way Withheld General Fund 176225 3 UPS Postage Utility Operations-General 176226 50 USA ARCHERY Dues&Subscriptions Summer Skill Development 176227 220 VALLEY NAT'L GASES-LOC 93 Equipment Repair&Maint Water Distribution 176228 5,017 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 176229 3,305 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Ctr-Tenant Direct Costs 176230 88 VENTURE CREW 410 Recreation Supplies Summer Skill Development 176231 60 VERIZON WIRELESS Pager&Cell Phone Information Technology 176232 3,333 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General 176233 447 VERSATILE VEHICLES INC Operating Supplies July 4th Celebration 176234 744 VESSCO INC Equipment Parts Water Treatment Plant 176235 1,492 VINO SOURCE,THE Transportation Den Road Liquor Store 176236 2,641 VINOCOPIA Transportation Prairie View Liquor Store 176237 175 VINTAGE ONE WINES INC Transportation Prairie Village Liquor Store 176238 6,379 VTI Other Assets Capital Impr./Maint.Fund 176239 1,430 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 176240 60 WARD,MARK AR Utility Water Enterprise Fund 176241 23 WEBB,CHAUNTEL Events/Admission Fee Around Town 176242 69 WEEDMAN,NICOLE Operating Supplies Youth Programs Administration 176243 200 WERTS,SANDY Petty Cash&Change Funds General Fund 176244 22 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Storm Drainage 176245 2,054 WINE COMPANY,THE Transportation Prairie View Liquor Store 176246 4,955 WINE MERCHANTS INC Transportation Prairie View Liquor Store 176247 125 WINTER,CARA Other Contracted Services Volleyball 176248 56 WOGEN,ANN Program Fee Tennis 176249 1,707 WORK CONNECTION,THE Other Contracted Services Park Maintenance 176250 778 WORLD CLASS WINES INC Transportation Den Road Liquor Store 176251 1,350 WORTMAN,STEVEN Other Contracted Services Rehab 176254 51,408 XCEL ENERGY Electric Water Treatment Plant 176255 28,874 YALE MECHANICAL INC Building Repair&Maint. Water Wells 176256 375 YANNIE,MARK Other Contracted Services Staring Lake Concert 176257 587 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 176258 164 ZURN,REVONDA Program Fee Camps 176259 80 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 176260 780 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 176261 1,252 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 176262 201 PROP United Way Withheld General Fund 176263 53 STAGES THEATER COMPANY Special Event Fees Around Town 176264 203 UNITED WAY United Way Withheld General Fund 176265 550 HENNEPIN COUNTY Other Contracted Services Rehab 176266 120 GRAY,ALAN Dues&Subscriptions Engineering 176267 540 JELLY BEANS Instructor Service Arts&Drama Programs 176268 178 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 176269 315 OTTERTUNITY INC. Other Contracted Services Staring Lake Concert 176270 715 PETTY CASH Miscellaneous City Council 176271 37 RICHFIELD,CITY OF Autos Police 176272 20 STATE OF MINNESOTA Operating Supplies DWI Forfeiture 176273 6,409 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 176274 4,465 10,000 WAKES Instructor Service Camps 176275 351 3D SPECIALTIES Supplies-General Bldg City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit 176276 915 A MEYER'S ENTERPRISES INC Operating Supplies Outdoor Center 176277 81 A TO Z RENTAL CENTER Fire Prevention Supplies Fire 176278 281 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 176279 65 ACE TRAILER SALES Equipment Repair&Maint Park Maintenance 176280 678 ADOLPH KIEFER Clothing&Uniforms Riley Lake Beach 176281 157 ADVANCED SUPPLY Tires Fleet Operating 176282 1,227 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage 176283 25 AL&ALMA'S SUPPER CLUB AND CH Conference Expense Recreation Administration 176284 4 ALLAN MECHANICAL Cash Over/Short General Fund 176285 3,499 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 General Facilities 176286 280 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 176287 543 ANCHOR PAPER COMPANY Office Supplies General 176288 54 ANGER,CALE Mileage&Parking Storm Drainage 176289 75 ANNANDALE TACTICAL Training Supplies Police 176290 118 AXELSON,NANCY Licenses,Permits,Taxes Fitness Classes 176291 413 BATTERY STORE INC,THE Equipment Parts Water Wells 176292 100 BCA BTS Training Supplies Police 176293 33 BEARING INDUSTRIAL&SUPPLIES Equipment Parts Water Treatment Plant 176294 2,649 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 176296 6,805 BELLBOY CORPORATION Transportation Prairie View Liquor Store 176297 41 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 176298 336 BESNER BUS&EQUIPMENT INC Equipment Parts Fleet Operating 176299 250 BEST&FLANAGAN LLP Other Contracted Services Rehab 176300 216 BIFFS INC Waste Disposal Park Maintenance 176301 1,600 BLACK&VEATCH Other Contracted Services Economic Development Fund 176302 51 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Fire/Life/Safe Fire Station#4 176303 418 BOUNDLESS NETWORK Clothing&Uniforms Day Care 176304 2,168 BOYER TRUCKS Equipment Parts Fleet Operating 176305 60 BRAGG,ANNALISA Instructor Service Outdoor Center 176306 128 BROWNING,RYAN Other Hardware IT Operating 176307 1,100 BURKHALTER,AMY J Other Contracted Services Parks Administration 176308 60 BURNETTE,AMBER L Instructor Service Outdoor Center 176309 264 CAWLEY COMPANY,THE Clothing&Uniforms Community Center Admin 176310 10 CENTRAIRE INC Cash Over/Short General Fund 176311 437 CHRISTIANSEN,MIKE Other Contracted Services Softball 176312 192 CITI-CARGO&STORAGE CO,INC Other Contracted Services Staring Lake Concert 176313 1,914 CLEARWATER RECREATION Landscape Materials/Supp Park Maintenance 176314 10,453 CLUTS 0 BRIEN STROTHER ARCHITE Design&Engineering Arts Center 176315 1,978 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Storm Drainage 176316 2,000 CORPORATE EXPRESS Office Supplies Recreation Administration 176317 157 CROWN STAMP AND ENGRAVING CO Office Supplies Police 176318 194 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 176319 7,998 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 176320 189 DESIGN DESIGN Transportation Den Road Liquor Store 176321 500 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 176322 60 DISPLAY SALES Supplies-General Bldg Public Works/Parks 176323 9,133 DOODY MECHANICAL SERVICE Contract Svcs-Plumbing City Hall-CAM 176324 180 DRAMATISTS PLAY SERVICE INC Operating Supplies Arts Initiative 176325 1,800 E&S HOME TRANSFORMERS Other Contracted Services Rehab 176326 5,681 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 176327 162 EARL F ANDERSEN INC Repair&Maint.Supplies Park Maintenance 176328 1,351 ECOLAB INC Contract Svcs-Pest Control Fire Station#4 176329 2,000 EDEN PRAIRIE,CITY OF Dues&Subscriptions Fire 176330 184 ELIASON,STEVE J Other Contracted Services Softball 176331 286 EMI Supplies-HVAC Ice Arena Maintenance 176332 1,342 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 176333 819 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 176334 182 FERRELLGAS Motor Fuels Fleet Operating 176335 188 FISHER SCIENTIFIC Process Control Equipment Water Treatment Plant 176336 500 FORTIN CONSULTING INC Other Contracted Services Storm Drainage 176337 42 FRONTIER PRECISION INC Operating Supplies Engineering 176338 261 G&K SERVICES-MPLS INDUSTRIAL Clothing&Uniforms General Facilities 176339 22 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous City Council 176340 671 GE CAPITAL Other Rentals General 176341 903 GRAINGER Supplies-Plumbing City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit 176342 1,290 GRAPE BEGINNINGS Transportation Den Road Liquor Store 176343 160 GRAPHIC SOURCE INC Printing Cummins House Special Events 176344 10,799 GRAYMONT Treatment Chemicals Water Treatment Plant 176345 47,812 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 176347 12,296 GRIGGS COOPER&CO Liq Inventory Credits Prairie Village Liquor Store 176348 1,901 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 176349 1,015 HACH COMPANY Laboratory Chemicals Water Treatment Plant 176350 322 HALL,DERRECK Other Contracted Services Softball 176351 550 HAMMERS,SARAH Other Contracted Services Volleyball 176352 39,625 HANSEN THORP PELLINEN OLSON Other Contracted Services Parks Administration 176353 4,317 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 176354 9,212 HIGHWAY TECHNOLOGIES INC Contracted Striping Traffic Signs 176355 1,958 HOHENSTEINS INC Beer Prairie View Liquor Store 176356 253 HOLMES,TOM Other Contracted Services Softball 176357 2,761 HOME DEPOT CREDIT SERVICES Capital Under$10,000 Furniture 176358 1,168 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 176359 191 IND SCHOOL DIST 272 Building Rental Community Band 176360 16 INDUSTRIAL LIGHTING SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 176361 954 INNOVATIVE GRAPHICS Clothing&Uniforms Therapeutic Rec Administration 176362 97 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 176363 86 JANEX INC Supplies-General Bldg Prairie Village Liquor Store 176364 20,240 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store 176367 34,355 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 176368 12 JULLIE,JOE Program Fee Classes/Programs/Events 176369 175 KEATING,MARY Mileage&Parking Housing and Community Service 176370 700 KEISKI,DAVID Other Contracted Services July 4th Celebration 176371 61 KEMMERER,KATHERINE E Deposits Escrow 176372 445 KOERING,STEVE Protective Clothing Fire 176373 276 KOSMATKA,MARY C Other Contracted Services Softball 176374 792 KRAEMER MINING&MATERIALS INC Asphalt Overlay Street Maintenance 176375 2,086 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 176376 7,144 LIFE INSURANCE COMPANY OF NORT COBRA Health and Benefits 176377 59 LINDAHL,DAVID Mileage&Parking Economic Development 176378 125 LOFRANO,TAMMY Licenses,Permits,Taxes Fitness Classes 176379 184 LONESKY,JAMES G Other Contracted Services Softball 176380 264 M R SIGN Signs Traffic Signs 176381 386 M.AMUNDSON LLP Transportation Prairie View Liquor Store 176382 12,220 MARK VII Beer Prairie View Liquor Store 176383 992 MARSHALL&SWIFT Operating Supplies Assessing 176384 365 MASTER CRAFT LABELS INC Operating Supplies Prairie View Liquor Store 176385 311 MENARDS Repair&Maint.Supplies Park Maintenance 176386 652 METRO SALES INCORPORATED* Office Supplies Fire 176387 170 METROPOLITAN FORD Equipment Parts Fleet Operating 176388 989 MICHELAU,JOHN Other Contracted Services Softball 176389 22,411 MIDWEST ASPHALT CORPORATION Improvement Contracts Capital Impr./Maint.Fund 176390 385 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 176391 617 MIDWEST OVERHEAD CRANE Equipment Testing/Cert. Water Treatment Plant 176392 90 MINNESOTA BD OF PEACE OFFICER Dues&Subscriptions Police 176393 241 MINNESOTA CONWAY Equipment Repair&Maint Fire 176394 80 MINNESOTA DEPT OF AGRICULTURE Lime Residual Removal Water Treatment Plant 176395 76 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 176396 626 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 176397 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Water Treatment Plant 176398 166 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 176399 484 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 176400 168 MIRACLE RECREATION EQUIPMENT C Repair&Maint.Supplies Riley Lake 176401 30 MN APA Miscellaneous Planning 176402 207 MTI DISTRIBUTING INC Landscape Materials/Supp Park Maintenance 176403 1,288 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 176404 3,374 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 176405 867 NORTHERN TOOL Equipment Parts Fleet Operating 176406 5,595 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 176407 6 OLSEN COMPANIES Equipment Parts Fleet Operating 176408 100 OTTERNESS,RON Instructor Service Outdoor Center 176409 204 PAPER DIRECT INC Operating Supplies Wine Club Check# Amount Vendor/Explanation Account Description Business Unit 176410 2,154 PARK NICOLLET CLINIC Health&Fitness Fire 176411 245 PAT KERNS WINE MERCHANTS Transportation Prairie View Liquor Store 176412 3,929 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 176414 9,545 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie View Liquor Store 176415 6,642 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 176416 11,215 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Community Center Maintenance 176417 504 PRIOR WINE COMPANY Transportation Den Road Liquor Store 176418 2,840 PRISTINE WATER SOLUTIONS Treatment Chemicals Water Treatment Plant 176419 3,464 PROSOURCE ONE Chemicals Park Maintenance 176421 10,199 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 176422 615 QWEST Telephone Water Distribution 176423 754 RAY,LEE Other Contracted Services Softball 176424 476 REBS MARKETING Other Contracted Services Water Accounting 176425 125 RECREATION SUPPLY CO Supplies-General Bldg Pool Maintenance 176426 527 REED BUSINESS INFORMATION Advertising Utility Improvement Fund 176427 737 RIDGEVIEW MEDICAL CENTER Employment Support Test Organizational Services 176428 209 RRT PROCESSING SOLUTIONS LLC Landscape Materials/Supp Park Maintenance 176429 179 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Operating 176430 546 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 176431 1,969 SHORT ELLIOTT HENDRICKSON INC Machinery&Equipment Utility Improvement Fund 176432 246 SIRCHIE FINGER PRINT LABORATOR Operating Supplies Police 176433 4,812 SNAP-ON TOOLS Small Tools Fleet Operating 176434 975 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof City Hall-CAM 176435 647 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 176436 2,597 SPRINT Wireless Subscription IT Operating 176437 19,065 ST CROIX ENVIRONMENTAL INC Design&Engineering Utility Improvement Fund 176438 765 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 176439 29 STERLING FENCE INC Operating Supplies Street Maintenance 176440 944 STREICHERS Clothing&Uniforms Police 176441 100 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 176442 150 TEIS,CONNIE Homeward Hills Bldg Park Facilities 176443 14,255 THORPE DISTRIBUTING Beer Prairie View Liquor Store 176444 813 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 176445 408 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Historical Buildings 176446 180 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 176447 136 VALLEY NAT'L GASES-LOC 93 Repair&Maint.Supplies Water System Maintenance 176448 85 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 176449 2,689 WINE COMPANY,THE Transportation Den Road Liquor Store 176451 5,230 WINE MERCHANTS INC Transportation Prairie View Liquor Store 176452 1,836 WORK CONNECTION,THE Other Contracted Services Park Maintenance 176453 771 WORLD CLASS WINES INC Transportation Den Road Liquor Store 176454 125 WORRELL,KACIE Training Supplies Fitness Classes 176455 655 XCEL ENERGY Electric Prairie View Park 176456 5,322 YALE MECHANICAL INC Contract Svcs-HVAC Pool Maintenance 176457 258 YOUNG,PHIL Dues&Subscriptions City Council 176458 93 Z WINES USA LLC Transportation Prairie Village Liquor Store 176459 1,777 C&S ELECTRIC LLC Contract Svcs-Electrical Parks Referendum 176460 45 COMCAST Dues&Subscriptions City Council 176461 113 DIRECTV Cable TV Community Center Admin 176462 3,489 HANSEN THORP PELLINEN OLSON Other Contracted Services Parks Referendum 176463 545 IAAM Dues&Subscriptions Community Center Maintenance 176464 1,188 JELLY BEANS Instructor Service Arts&Drama Programs 176465 3,780 SHERBARTH-LYNCH,SANDRA Instructor Service Tennis 176466 1,515 US POSTMASTER-HOPKINS Postage Water Accounting 176467 53 CAMPBELL KNUTSON,P.A. Legal WAFTA 176468 172 DIRECTV Cable TV Community Center Admin 176469 82 KEMMERER,KATHERINE E Deposits Escrow 176470 1,005 LIEBERT GLOBAL SERVICES Software and Hardware IT Operating 176471 545 REID Tuition Reimbursement/School Police 176472 250 SCOTT COUNTY Deposits Escrow 176473 230 SCOTT COUNTY Deposits Escrow 176474 500 BACHMAN PRINTING General 494 Corridor Commission 176475 62 COMCAST General 494 Corridor Commission 176476 107 COORDINATED BUSINESS SYSTEMS L General 494 Corridor Commission 176477 3 CULLIGAN BOTTLED WATER General 494 Corridor Commission Check# Amount Vendor/Explanation Account Description Business Unit 176478 1,460 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission 176479 171 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 176480 1,405 FLYING COLORS INC General 494 Corridor Commission 176481 575 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 176482 923 INTERACTIVE STRATEGIES GROUP General 494 Corridor Commission 176483 20 INTERNET EXPOSURE INC General 494 Corridor Commission 176484 2,696 LEAGUE MN CITIES INS TRUST General 494 Corridor Commission 176485 405 LITTLE TRANSPORT PRESS General 494 Corridor Commission 176486 363 MADISON,MELISSA General 494 Corridor Commission 176487 551 MEREDITH KATE General 494 Corridor Commission 176488 1,500 MESSERLI&KRAMER General 494 Corridor Commission 176489 6,294 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 176490 97 NELSON,ROBIN General 494 Corridor Commission 176491 62 SOCIETY FOR HUMAN RESOURCE MAN General 494 Corridor Commission 176492 25 SOUTHWEST TRANSIT General 494 Corridor Commission 176493 4,133 TEMPFORCE General 494 Corridor Commission 176494 99 VERIZON WIRELESS General 494 Corridor Commission 176495 514 WELLS FARGO BANK General 494 Corridor Commission 4,975,351 Grand Total CITY COUNCIL AGENDA DATE: July 15, 2008 SECTION: Report of the City Manager DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott H. Neal, City Manager Public Assembly Regulations Synopsis The City of Bloomington recently adopted new ordinance regulating public assemblies in their city. The Bloomington ordinance may be something we want to consider in Eden Prairie. I have attached a review of the Bloomington ordinance prepared by Mike Barone. I would like to have a brief conversation about this matter with the Council at the July 15 Council meeting to gauge your level of interest in developing a public assembly ordinance for Eden Prairie. If there is interest among the Council in developing such an ordinance, staff will endeavor to develop such an ordinance for an initial Council review at the August 19 Council meeting. Attachments Review of the City of Bloomington's Public Assembly Regulations Review of City of Bloomington's Public Assembly Regulations Michael Barone, Office of the City Manager July 9, 2008 Synopsis The City of Bloomington recently passes an ordinance dealing with Public Assembly regulations. The ordinance was passed by the Bloomington City Council on May 19, 2008 at their regularly scheduled City Council meeting. Fees A permit fee of$15.00 per day was added to the City of Bloomington fee schedule, which is section 14.03 of their City Code. As shown in Bloomington City Code section 14.03: Public assembly, parade, race, private special event permit $15.00,per day Definitions As shown in Bloomington City Code section 14.61.01: Public Assembly- any ceremony, show, pageant, fair, exhibit, promotion, block party, demonstration, picket line, rally or other gathering on public grounds in a place open to the general public where the person or group conducting or organizing the event reasonably anticipates that fifty(50) or more persons will participate in the assembly. A public assembly for which a permit is required under this Division does not include any immediate and spontaneous expression of views in response to a public event occurring within the preceding five (5) days. Purpose of Ordinance The Bloomington City Council recognized that persons and groups have a right to organize and participate in peaceful assemblies, subject to reasonable restrictions designed to protect public safety, persons and property of those participating and of those not participating in the assembly. In addition to protecting the safe movement of pedestrian and vehicular traffic near the assembly and to protect the rights of those participating in the assembly, Bloomington, using the information provided through the permit process, also created a way based on the size of the assembly planned to determine the City staffing and resources necessary to ensure a safe and peaceful assembly. The ordinance give the City the ability to provide a mechanism by which there is "financial accountability for private use of City property or facilities so as to preserve that property for the benefit of the public," and to be able to recover the costs the City can attribute to a private use (an assembly) of public property or facilities. Permit Application, Permit Fees & Exemptions There is a timeline of sixty(60) days suggested for the permit to be filed prior to the event or assembly. Actual permit filing deadlines are anywhere from 4 to 7 business days, and do vary based on the size, type, and location of an event or assembly being planned. The 60-day suggested deadline was established in order to allow sufficient time for an appeal from a permit denial. Additional fees for"Contractual Police Overtime" may require a deposit at the time of the permit application if the Chief of Police determines, based upon the event's size, date, time of day, location, concentration of persons, vehicles, animals or equipment, that additional police services, over and above that which can be provided by regularly scheduled on-duty police personnel, is necessary to protect the public health, safety and welfare. These fees are based upon the established contractual overtime rates for the patrol and supervisory officers available, which include regular salary, plus regular fringe benefits. More fees for"Other City Staff Overtime"must be paid at the time the application is submitted if the City's Issuing Authority determines, based upon the event's size, date, time of day, location, concentration of persons, vehicles, animals or equipment that additional City staffing is necessary to protect the public health, safety and welfare. Again, these City Staff overtime fees are based upon the actual overtime rates for the City staff available to serve the private event, which shall include regular salary, plus regular fringe benefits. The Bloomington City Council did create exemptions to both the permit application and permit fees for certain school related events (ex: outdoor concerts, athletic competitions, etc); City- sponsored events (ex: outdoor public celebrations and events); and religious organization events (ex: outdoor worship services on the religious organization's own property). Creating exemptions for these types of events were seen as appropriate under the scope of the ordinance. For the school and city related events, the City of Bloomington didn't want the ordinance to adversely impact events which benefit the community as a whole. And for the religious organization events, requiring a permit application and fee for each worship service held on private property would place a burden on the organization's freedom of religion guarantees under the federal and state constitutions. Media Coverage Also included with the materials on the Public Assembly Ordinance in Bloomington is an article written by Mary Jane Smetanka from the Minneapolis StarTribune dated May 3, 2008. The original ordinance was initially scheduled for the May 5, 2008 Bloomington City Council meeting, but was moved to the May 19, 2008 meeting by the Bloomington City Council at their May 5, 2008 meeting. CITY OF City Council Meeting #16 BLOOMINGTON nn€Iv r, s OTA UNOFFICIAL SYNOPSIS Revised REGULAR MEETING MONDAY, MAY 19,2008 7:00 P.M. MAYOR: GENE WINSTEAD COUNCILMEMBERS: ROD AXTELL KAREN NORDSTROM STEVE ELKINS STEVE PETERSON AMY GRADY VERN WILCOX To address the Council on an item from the agenda,please approach the podium, ask to be recognized, clearly state your name and address, and sign the roster. Comment on items not on tonight's agenda during the Public Comment Period.Assistive listening devices are available for those who may need them. View regular meetings live or on archive at www.ci.bioomington.mn.us,keyword:Webcast. Catch the replay on Bloomington Channel 14, the Wednesday after a meeting at 7:00 p.m. and the following Thursday at 1:00 am., 7:00 a.m. and 1:00 p.m. www.ci.bloomington.mn.us:A yearly meeting schedule is available in the Council section.Also posted in this section are agendas(the Friday before a regular meeting),synopses(within a few days of a meeting), and the official minutes. ® CALL TO ORDER-7:00 PM 7:01 pm INTRODUCTORY 2.1 Flag Presentation None 5.5C Alternate Transportation Plan (timed 7:15) Cont.to 6/2 5.5D Adopt Active Living Hennepin County Resolution(timed 7:20) See Pg. 3 CONSENT BUSINESS 3.1 Renewal of Variance to Reduce Minimum Lot Width;Jill Carlson; 1900 West 105th Adopted Res. Street and 10400 Logan Avenue 3.2 Variance to Reduce Established Front Yard Setback; Michael Prok; 8925 10th Avenue Adopted Res. 3.3 Approve Joint Powers Agreement for SCBA Purchase Approved 3.4 Accept Donations Accepted 3.5 Approve Transfer of Funds&Budget Adjustment for a Simulated Impaired DriviNg Approved Experience 3.6 Authorize and Direct Staff to Set Just Compensation,Make Offers for Right-of- Authorized Way/Easement Acquisitions,Obtain"Rights-of-Entry"as necessary and Hire Outside Council for Project#2009-701 (90th Street&Nicollet Avenue) 3.7 Consider Bid Award-Bituminous Material Awarded* *(Awarded a contract to Henry G.Meigs,LL-C for CRS-2 bituminous material delivered at$308.19 per ton and to Flint Hills Resources for CRS-2P bituminous material delivered at$391.00 per ton, CRS-2 picked up at$317.00 per ton, CRS-2P picked up at$391.00 per ton,and CSS-1H emulsified asphalt picked up at$320.00 per ton.) 3.8 Consider Bid Award-Public Stump Grinding and Root Removal Adopted Res.* *(Adopted a resolution awarding Districts#3 to Breiwick Companies,Inc., who was not the low bidder,and awarded the contract for Districts#1 and#2 to Breiwick Companies,Inc. who was the low bidder. The total amount of the contract for Districts#1, #2, #3 is$31,497.21.) continued... UNOFFICIAL SYNOPSIS MAY 19,2008 © CONSENT BUSINESS continued 3.9 Consider Bid Award-Uniform Rental Services Awarded* *(Awarded a three-year contract to G&KServices through 4/30/11 at the unit prices bid for an annual cost of$31,340 40 and a total contract cost of$94,021.20.) 3.10 Consider Bid Award-Emergency Tree Removal Awarded* *(Awarded a two-year contract to Asplundh Tree Experts at the hourly rates bid effective through May 1,2010.) 3.11 Approve New Street Light Installation at 8832 Aldrich Avenue Approved 3.12 Approve City Council Minutes Regular Meeting April 12,2008 Approved 3.13 Consider Bid Award for Triple Combination Pumper Truck and Transfer of Funds Awarded* *(Awarded a contract to General Safely Equipment Company in the amount of $315,154.00 minus the trade-in allowance offered for the 1985 General/International Pumper,and authorized a transfer of up to S336,000 from the Fire Equipment Fund balance to the 2008 Fire Equipment operating budget.) 4 PUBLIC COMMENT PERIOD None giHEARINGS/PUBLIC INPUT—7:15 PM 5.1 Licensing Division 5.IA Renewal of On-Sale&Sunday On-Sale Intoxicating Liquor Licenses *(All except 3) Approved 5.1B Renewal of Off-Sale Intoxicating Liquor Licenses Approved 5.1C Renewal of Wine Licenses Approved 5.1 D Renewal of On-Sale and Sunday On-Sale Club Intoxicating Liquor Licenses Approved 5.2 Development Business 5.2A Interim Use Permit for 2008 Special Event Series; MOAC Land Holdings,LLC; 8201 Approved 24th Avenue and 8200 28d'Avenue 5.2B The Richdale Group SFI Limited Partnership 57;5100 West 82"d Street: I. Revised Preliminary Development Plan Approved 2. Final Development Plan Approved 3. Final Plat of Stanley Addition Adopted Res. 5.2C 2145 LLP;9545 Penn Avenue South, 2101 and 2201 West 94th Street: I. Final Site Plan and Building Plans Continued 2. Preliminary and Final Plat of John Deere 3rd Addition Indefinitely 5.3 Transportation and Utility Improvements (none) 5 Ordinances 5.4A City of Bloomington: 1. Adoption of Normandale Lake District Plan(Case 10001 A-08); Adopted Res. 2. Amendment of the text of the Comprehensive Plan to reference the Adopted Res. Normandale Lake District Plan(Case 10001B-08); and 3. Amendment to the Comprehensive Plan's Land Use Guide Plan in conjunction Adopted Res. with the Final Review and Recommendation of the Normandale Lake District Plan(Case 1000IC-08) UNOFFICIAL SYNOPSIS MAY 19,2008 5.4 Ordinances continued 5.4B Sonic Holdings LLC;2101 American Boulevard West: 1. Rezone from B-3, General Business to B-3 (PD)General Business Planned Continued All Development(Case 8465A-08); Applications 2. Preliminary&Final Development Plan-Freestanding Restaurant(Case 8465B-08) to the 3. Conditional Use Permit for a Freestanding Restaurant as part of a Planned 6/2 Development(Case 8465D-08); and meeting 4. Preliminary Plat of Sonic Bloomington(Case 8465E-08) 5. Final Plat of Sonic Bloomington Addition 5.4C Public Assembly Regulations Adopted Ord.* &Adopted Res. *(Adopted ordinance per Council's suggested amendments&adopted resolution... directing summary publication: > Sec. 14.03: Reduced the permit fee from S60 to$15&requested review in 1 yr. > Sec. 14.63: Sentence to read, "In order to allow sufficient time for an appeal front a permit denial,it is suggested that an application be filed at least sixty(60) days prior to the event." > Sec. 14.65: Sentence to read, "A permit shall be granted when it is found..." ➢ Sec. 14.64(b): Eliminated the security deposit or insurance certificate requirement. ➢ Sec. 14.68: The penalty for violations was reduced from a misdemeanor to a petty misdemeanor with the understanding that a violation of the City's trespass code could result in the arrest of participants.) 5.4D Vacation of Utility Easement at 5100 W. 82"d Street (Relates to Item 5.2B) Adopted Ord. 5.4E Vacation of Various Easements at 2101 American Blvd.W(In conjunction with Sonic Cont. to 6/2 Bloomington Addition 5.4B) 5.5 Other 5.5A Hazardous Building Abatement Approved 5.5B Assessment Roll 2008-3 -Oxboro Area Streetscape Maintenance Adopted Res. 5.5C Alternate Transportation Plan (timed 7:15) Closed Hrg. & Cont. to 6/2 5.5D Adopt Active Living Hennepin County Resolution(timed 7:20) Adopted Res. 6 ORGANIZATIONAL BUSINESS 6.1 City Council Policy&Issue Update See Notes* *(City Manager updated Council on the results of the 2008 Legislative Session: > State funding in the amount of S2 million was restored for replacement,not rehabilitation,of the Long Meadow Bridge. ➢ Bloomington Central Station (BCS)5-Year Rule was extension. ➢ Mall ofAmerica: - A minimum of 0.5%to a maximum of I%of new local sales tax on all Mall of America(MOA)sales. - Authority for City to impose a new admissions tax of up to I%citywide. - Up to 3%of new food&beverage tax on MOA sales. - Existing local lodging tax(BCVB share)on site MOA was included. - Up to 1%lodging tax citywide or in certain portions of the city,but it must cover MOA TIF districts if imposed. - TIF geographic boundary changes that would place all of Phase II development in the Phase II TIF District. UNOFFICIAL SYNOPSIS MAY 19,2008 6 ORGANIZATIONAL BUSINESS continued ➢ Institution of levy limits for levies payable in 2009 through 2011 of up to 3.9%or IPD, whichever is less. ® ADJOURN 11:36pm Future Meetings: June 2—Regular Meeting June 23--Regular Meeting June 30—Study Meeting Bloomington City Code Chapter 14 page 1 Page 3 of 8 Commercial animal establishments 14.305 160.00 Courtesy bench 14.149 4.25 per bench with a minimum fee of$125.00 Currency Exchange Business 14.161 No Fee Dances (A) Special Event 14.51 44.00 (B) Incidental to other business 14.50 85.00 Dogs 14.88 (A) Individual license 17.50 (B) Late penalty 2.00 (C) Transfer fee 2.00 (D) Duplicate 2.00 (E) Kennel 45.00 Escort services and escorts (A) Escort services 14.169 1,700.00 (B) Escort 14.169 85.00 Fire Prevention (A) Fire Marshal, per permit 6.25 40.00 (B) Life Safety System Inspection Permit 6.23 40.00 (C) Pyrotechnics Permit 6.25 109.00 per plan rvw (D) Flammable/Combustible Tank Plan Review 6.25.01 109.00 per plan rvw Fireworks Dealers 14.442.21 Consumer Fireworks Sales Facility 350.00 Fireworks Sales in General Merchandising Sales 100.00 Facility Food Establishments 14.443 (A) Type I Establishment, a large high-risk food establishment serving on average 500 or more meals per day; having 175 or more seats;or having 500 or more customers per day (1) Food service or retail food establishment 1,000.00 (2) School, kindergarten through grade 12 500.00 (3) Daycare Center or Preschool 500.00 (B) Type II Establishment,a small high-risk food establishment serving on average fewer than 500 meals per day;having fewer than 175 seats;or having fewer than 500 customers per day (1) Food service or retail food establishment 800.00 (2) School, kindergarten through grade 12 400.00 (3) Daycare Center or Preschool 400.00 (C) Type III Establishment,a medium risk food establishment serving mainly non-potentially hazardous foods and potentially hazardous foods prepared elsewhere and only heated or held cold onsite;or serving or retailing foods such as pizza carryout or delivery, requiring handling followed by heat treatment (1) Food service or retail food establishment 500.00 (2) School,kindergarten through grade 12 250.00 (3) Daycare Center or Preschool 250.00 http://www.ci.bloomington.mn.us/code/Codel4_l.html 7/9/2008 Bloomington City Code Chapter 14 page 1 Page 4 of 8 (D) Type IV Establishment, a food establishment with minimal food handling such as preparing coffee, hot dogs, blended or mixed drinks, packaged foods customers heat onsite,continental breakfasts, unpackaged baked goods made elsewhere (1) Food service or retail food establishment 300.00 (2) School, kindergarten through grade 12 150.00 (3) Daycare Center or Preschool 150.00 (E) Type V Establishment, a food establishment with non-potentially hazardous food or food products sold in the original packaging (1) Food service or retail food establishment 200.00 (2) School, kindergarten through grade 12 100.00 (3) Daycare Center or Preschool 100.00 (F) Supplemental Facility (1) High Supplemental Facility(like Type I and 200.00 II) (2) Medium Supplemental Facility(like Type III 150.00 and IV) (3) Catering Supplemental Facility(for Food 150.00 Catering Vehicle(s)and equipment) (4) Low Supplemental Facility(like Type V) 100.00 (G) Temporary Food Establishment (1) Complex Temporary 1 to 3 days(like Type I 150.00 and II) (2) Complex Temporary 4 to 21 days(like Type 250.00 I and II) (3) Simple Temporary 1 to 3 days(like Type Ill, 40.00 IV and V) (4) Simple Temporary 4 to 21 days(like Type 100.00 III, IV and V) (5) Multiple Vendor, 10 or more,one fee 800.00 (H) Farmer's Market Stand(stands not exempted 150.00 from licensing in Minnesota Statutes, Chapter 28A) (I) Vending Machines (1) Food and beverage(except items in 2) 20.00 (2) Nuts, gum balls, hard candy and unsorted 7.00 confections Garbage and refuse hauler 10.07 (A) First truck 47.00 (B) Each additional truck 20.00 Gasoline 14.326 (A) Service stations 49.00 (B) Bulk Oil or Gasoline Storage Plant 137.00 Laundry,self service Commercial 14.239 (A) Each Machine 10.00 (B) Minimum charge for each establishment 160.00 (C) Maximum charge for each establishment 280.00 Lawn Herbicides 14.252 41.00 Lodging Establishments 14.443 (A) Hotel/motel http://www.ci.bloornington.mmusfrode/Code14_1.html 7/9/2008 Bloomington City Code Chapter 14 page 1 Page 5 of 8 (1) Each guestroom 8.75 (B) Lodging House,lodging accommodation for 5 or mare regular roomers,no food provided (1) Five to 25 beds 200.00 (2) 26 or more beds,each bed 8.50 (C) Small Boarding House,food and lodging accommodations for 5 to 10 regular boarders. Food license included. (1) Five to 10 beds 200.00 (D) Large Boarding House,food and lodging accommodations for 11 or more. A separate food license is required. (1) 11 to 25 beds 200.00 (2) 26 or more beds,each bed 8.50 (E) Bed and Breakfast,food license is included 200.00 Massage (A) Therapeutic massage enterprise 14.262 570.00 (B) Therapist 14.262 28.00 (C) Temporary therapist 12.262 28.00 (D) Renewal of therapist license 15.00 (E) Duplicate therapist 14.262 6.50 Milk, cream,and dairy products 14.443 (A) First seller or vehicle 43.00 (B) Each additional seller or vehicle 12.50 Motorized golf carts 8.95 9.25 Multiple dwelling 14.501 (A) Apartments,Townhouses, Duplexes,Tri-plexes, Four-plexes (1) First unit 80.00 (2) Each additional unit 9.75 (B) Computerized Criminal History Inquiry on 14.537 6.25 per tenant Prospective Tenants inquiry Newspaper rack 14.150 11.50 per rack with a minimum fee of $200.00 (A) Impoundment fee, per newspaper rack 14,149, 206.00 14.156 (B) Inspection fee,per newspaper rack 14.156 54.00 (C) Relocation fee, per newspaper rack 14.150 16.00 Parachuting and Aircraft Landings and Takeoffs 12.47 41.00 Pawnbrokers 14.289 (A) Annual Application Fee 4,635.00 (B) Transaction Fee (1) If Reported by Modem: 2.00 per billable transaction (2) If Reported Manually: 4.00 per billable transaction Precious Metal Dealers (A) Annual license 14.442.07 2,250.00 (B) Temporary license 14.429 1,000.00 (C) Registration 14.442.07 100.00 Public assembly, parade, race,private special event permit 14 62: 15.00 per day Public Swimming Pools 14.443 http://www.ci.bloomington.mn.us/code/Code14_1.html 7/9/2008 Bloomington City Code Chapter 14 page 1 Page 6 of 8 (A) Indoor (1) First pool 300.00 (2) Each additional pool 150.00 (B) Outdoor (1) First pool 300.00 (2) Each additional pool 150.00 (C) School, K through grade 12, pools (1) First pool 150.00 (2) Each additional pool 75.00 Registration-No parking 8.79 16.00 Right-of-Way Permits (A) Registration Fee 17.66 44.00 per registration (B) Excavation Permit Fee 17.68 (1) Hole 152.00 per excavation (2) Emergency Hole 65.00 per excavation (3) Trench 75.00 per 100 The maximum length of a trench permit shall be lineal feet plus 5,000 lineal feet. $152.00 hole fee for each excavation (4) Potholing 22.00 for 1st pothole,$5.00 for each additional pothole (C) Obstruction/Aerial/Interduct Permit Fee 17.68 58.00 plus$0.05 The maximum length of an obstruction permit per lineal foot for shall be 5,000 lineal feet. each obstruction (D) Permit Data Conversion Fee 17.68 27.00 for each data entry (E) Permit Reprocessing Fee 17.68 27.00 for each permit extension (F) Delay Penalty 70.00 plus$10.00 per day for each late day over 3 days (G) Pole Attachment Permit Fee 17.68 30.00 per attachment (H) Right-of-Way Permit Processing Fee(Non- 17.64 27.00 fee withheld refundable) from permit application fee if work is not completed (I) Driveway Approach/Curb Cut (1) Permit, 1st Form Inspection and Final 50.00 Inspection (2) Additional Form Inspections 25.00 per inspection Roller rinks 14.71 180.00 Seasonal sales license(not more than four per year) 14.316 29.00 Secondhand Goods Dealers http://www.ci.bloomington.mn.us/code/Code14_1.html 7/9/2008 Bloomington City Code Chapter 14 page 1 Page 1 of 8 c CITY 4F 4 : »?,c' - y'2 1 �LOOMINGTON I G Oi t� C 1 TY !CODE _ J` Disc IMEla ", sirarrEso n $ � ; II Preface 9 I, Charter I it.Code I SEARCH II a Back I Forward?II Part II. Code Chapter 14. LICENSES AND PERMITS Article I. GENERAL PROVISIONS Recodified by Ord. No. 95-13, 8-7-95 Section 14.01. APPLICABILITY. The provisions of this Article shall apply to the application for and issuance of licenses and permits by the City and the regulation of licenses, permits,and fees, except as may otherwise be specifically provided in this Code relating to particular licenses or permits. (Code, 1958 S 125.01;Ord. No. 67-67, 12-18-67; Ord. No. 74-93, 11-18-74;Recodified by Ord. No. 95-13, 8-7-95) Section 14.02. DEFINITIONS. The following words and terms when used in this Article shall have the following meanings unless the context clearly indicates otherwise: Issuing Authority-the City of Bloomington License Section, Building &Inspection Division, Environmental Services Division, or City Fire Marshal. License premises-the premises described in the approved license or permit application. Person-one(1)or more natural persons;a partnership, including a limited partnership;a corporation, including a foreign,domestic,or nonprofit corporation;a trust;a political subdivision of the state;or any other organization. Sale or sell-all barters and all manners or means of furnishing a product or service for compensation or renumeration. (Code, 1958 S 125.02;Ord. No. 64-84, 12-7-64;Ord. No. 74-93, 11-18-74;Ord. No. 80-55, 12-15-80; Ord. No. 87-77, 10-26-87;Ord. No. 94-5, 1-24-94;Recodified by Ord. No. 95-13, 8-7-95) Section 14.03. FEES. Except as otherwise stated in this Code,the fees for the various licenses and permits shall be as hereinafter stated. Required by License/Permit Section Annual Fee Air Pollution Control Device Operating Permit 10.02 41.00 Alcoholic Beverages Intoxicating Liquor 13.39 (A) On-Sale: 13.39 (1) Restaurant (a) Restaurant 9,600.00 http://www.ci.bloomington.mn.us/code/Code14_1.htm1 7/9/2008 Bloomington City Code Chapter 14 page 1 Page 2 of 8 (b) Bowling Center 9,600.00 (c) Nightclub 9,600.00 (d) Entertainment Facility 20,000.00 (2) Hotel 9.600.00 Special license to sell from 1:00 a.m.to 13.50 200.00 2:00 a.m. (B) On-sale Club 13.39 (1) 200 or less members 300.00 (2) 201 to 500 members 500.00 (3) 501 to 1,000 members 650.00 (4) 1,001 to 2,000 members 800.00 (5) 2,001 to 4,000 members 1,000.00 (6) 4,001 to 6,000 members 1,365.00 (7) 6,001 and over members 1,550.00 Special license to sell from 1:00 a.m.to 13.50 No fee 2:00 a.m. (C) Sunday On-sale 13.39 200.00 (D) Special Event On-Sale 13.57.01 440.00 (E) Off-sale 13.39 200.00 (F) Bottle Club 13.59 320.00 (G) Temporary Amendment Processing Fee 13.48(k) 200.00 per amendment (H) Brewpub Off-Sale 13.39 200.00 Wine 13.20 (A) On-sale 2,000.00 Special license to sell from 1:00 a.m.to 13.31 No fee 2:00 a.m. 3.2 Percent Malt Liquor 13.02 (A) Off-sale 95.00 Special license to sell from 1:00 a.m.to 13.13 No fee 2:00 a.m. (B) On-sale 975.00 Special license to sell from 1:00 a.m.to 13.13 200.00 2:00 a.m. (C) Club 500.00 (D) Special Event 70.00 (E) Temporary Amendment Processing Fee 13.11(j) 200.00 per amendment (F) Brewpub Off-Sale 13.02 200.00 Amusement devices 14.18 (A) Annual License: (1) Amusement device,juke box,or billiard/pool table (a) Each establishment 39.00 (b) Each additional machine over nine 3.00 (2) Each antique amusement machine 2.00 (B) Temporary license, each machine 21.00 (C) Maximum fee for temporary license 650.00 Casino Gaming Events (A) Annual Establishment License 14.38(b) 40.00 (B) Special Event 14.38(a) 100.00 Cats 14.105 5.00 Christmas tree sales 14.316(a) 41.00 http://www.ci.bloomington.mn.us/code/Code14 1.htnil 7/9/2008 Bloomington City Code Chapter 14 page 1 Page 7 of 8 (A) Annual license 14.442.37 650.00 (B) Occasional license 14.442.37 325.00 (C) Temporary license 14.429 100.00 per event (D) Transaction fee (1) If Reported by Modem 14.442.37 2.00 per billable transaction (2) If Reported Manually 14.442.37 4.00 per billable transaction (E) Registration fee 14.442.07 100.00 Sexually-oriented business 14.336 2,400.00 Shore Area Permit 19.87.04 For Vegetation Removal/Alteration Only 111.00 For Grading/Filling Only 111.00 For All Other Permits 147.00 Signs Sign Permits 14.553 2.83/square foot of sign face with a minimum permit fee of$50.00. (See 19.107(c)for computation of sign face.) Temporary Signs for Commercial Promotions 19.119 31.00/occasion per site Temporary Signs for Places of Worship, Schools, Parks, 19.118 31.00 and Public Buildings Single-family dwellings/room 14.510 82.00 Solicitors 14.355 28.00 per 6 mo. license Sound Trucks 10.33 175.00 Tanning facilities 14.371 110.00 Target range 14.84 28.00 Tattoo (A) Establishments 14.378 580.00 (8) Temporary Tattooing Events 14,388 42.00 per booth Taxicab (A) Annual, Company 14.392 (1) Basic 460.00 (2) Additional,per cab 18.00 (B) Driver 14.400 30.00 (C) Driver renewal 25.00 (D) Duplicate driver 6.50 Temporary license or permit 14.09 47.00 Time-of-Sale Housing Evaluators 14.525 (A) Annual evaluator license or renewal 150.00 (B) Examination fee 45.00 (C) Report filing fee 30.00 (D) Fee for city-conducted evaluation (includes report 185.00 filing fee) Tobacco-related products, retail sale each location 14.438 145.00 Transient merchant, hawker,or peddler 14.182 (A) Transient Merchant 110.00 (B) Hawker or Peddler 28.00 http:/Iwww.ci.bloomington.mn.us/code/Code14_1.html 7/9/2008 Bloomington City Code Chapter 14 page 1 Page 8 of 8 Wells 15.160 Construction and Reconstruction Dewatering Well 106.00/well Monitoring Well 106.00/well Water Supply Well 175.00/well Sealing Dewatering/Water Supply Wells 79.00/well Monitoring Well(sealed within 48 hours) 106.00/site Maintenance Monitoring Well 160.00/site Water Supply Well 79.00/well (Code, 1958 S 125.03; Village Ord. No. 176, 2-20-59; Village Ord. No. 250, 10-7 60, Ord. No. 10, 2-6-61;Ord.No. 63-1, 3-4-63; Ord. No. 66-64, 11-28-66;Ord. No. 66-74, 12-19-66; Ord. No. 67-18, 5-15-67;Ord. No. 67-67, 12-18-67;Ord. No. 69-23, 3-17-69;Ord. No. 71-61, 8-2-71;Ord. No. 74-93, 11-18-74; Ord. No. 75-15, 3-31-75;Ord. No. 75-62, 12-8-75;Ord. No. 76-15, 4-5-76;Ord. No. 76-59, 12-6- 76; Ord. No. 77-78, 10-17-77;Ord. No. 80-50, 11-24-80;Ord. No. 80-53, 12-9-80;Ord. No. 81-8, 3-9-81;Ord. No. 81-58, 11-23-81; Ord. No. 82-7, 4-5-82;Ord. 82-38, 9-27-82;Ord. No. 84-23, 5-14-84;Ord. No. 84-26, 6-4-84; Ord. No. 84-41, 8-6-84;Ord. No. 86-23, 414-86;Ord. No. 87-18, 3-16-87.Ord. No. 87-55, 8-3-87;Ord. No. 87-77, 10-26-87;Ord. No. 89-61, 12-11-89;Ord. No. 90-49, 10-29-90;Ord. No. 90-54, 12-10-90;Ord. No. 91-8, 2- 4-91;Ord. No. 91-14, 2-25-91; Ord. No. 92-9, 2-24-92;Ord. No. 92-14, 3-16-92;Ord. No. 92-37, 7-27-92;Ord. No. 92-66, 12-21-92; Ord. No. 93-10, 3-15-93;Ord. No. 93-22, 4-26-93;Ord. No. 93-24, 5-10-93;Ord. No. 93-29, 6-7-93;Ord. No. 93-52, 12-20-93;Ord. No. 94-5, 1-24-94; Ord. No. 94-7, 2-7-94;Ord. No. 94-16, 4-4-94;Ord. No. 94-24, 5-16-94;Ord. No. 94-55, 10-17-94;Ord. No. 95-2, 2-21-95;Recodified by Ord. No. 95-13, 8-7-95;Ord. No. 95-25, 12- 4-95; Ord. No. 96-4, 3-18-96;Ord. No. 96-15, 5-20-96;Ord. No. 96-28, 7-1-96;Ord. No. 96- 30, 8-5-96; Ord. No. 96-40, 8-19-96;Ord. No. 96-58, 10-21-96; Ord. No. 97-4, 2-18-97;Ord. No. 97-7, 4-7 97;Ord. No. 97-16, 5-5-97.Ord. No. 97-36, 8-18-97;Ord. No. 98-9, 3-2-98; Ord. No. 98-13, 3-16-98;Ord. No. 98-27, 6-15-98;Ord. No. 98-54, 11-16-98;Ord. No. 99-5, 3-15-99; Ord. No. 99-6, 3-15-99;Ord. No. 99-16, 7 6-99; Ord. No. 2000-4, 3-20-2000;Ord. No. 2000-25, 9-18-2000;Ord. No. 2000-29, 10-16-2000; Ord. No. 2001-11, 3-19-2001;Ord.No. 2001-15, 5-7-2001;2001-20, 6-18-2001;Ord. No. 2001-41, 8-20-2001;Ord. No. 2002-12, 4-15-2002;Ord. No. 2002-20, 6-3-2002;Ord.No. 2003-16, 5-5-2003;Ord. No. 2003-33, 7-21-2003;Ord No. 2003-41, 8- 18-2003;Ord. No. 2003-55, 12-1-2003;Ord. No. 2003-61, 12-15-2003;Ord. No. 2004-12, 4- 5-2004;Ord.No. 2004-17, 4-19-2004;Ord, No. 2004-23, 5-3-2004;Ord. No. 2004-31, 7-6- 2004;Ord. No. 2005-5, 3-21-2005;Ord. No. 2005-32, 8-15-2005;Ord. No. 2006-7, 3-6-2006;Ord. No. 2006-9, 3-20-2006;Ord. No. 2006-32, 7 24-2006;Ord. No. 2007-9, 2-26- 2007;Ord.No. 2007-13, 3-19-2007;Ord. No. 2007-18, 5-7-2007;Ord. No. 2008-11, 3-17-2008;Ord. No. 2008-17, 5-19-2008) ji Preface I I. Charter I H. Code j SEARCH (I 5 Back I Forward> II http://www.ci.bloomington.rnn.us/code/Code14_1.htrn1 7/9/2008 Bloomington City Code Chapter 14 page 6 Page I of 6 _ BLOOMINGTON J L 3 O, G J 5 °` ITV ODE Pi 6Ii CLAIM ER1, ._ --_,„:„.., i - ,,,,,, i -: , , ,,,,, . --_.,,-;::-.- :,.-, 1 ,.-: -_, - II Preface I [Charter I O. Code I SEARCH II <Back I Forward> II Part II. Code Chapter 14. LICENSES AND PERMITS Section 14.58. SANCTIONS FOR LICENSE VIOLATIONS. (a) Suspension or Revocation. The City Council may suspend or revoke a license issued pursuant to this Division for a violation of: (1) Fraud, misrepresentation,or false statement contained in a license application or a renewal application. (2) Fraud, misrepresentation,or false statement made in the course of carrying on the licensed occupation or business. (3) Any violation of this Division or state law. (4) A licensee's criminal conviction that is directly related to the occupation or business licensed as defined by Minnesota Statutes, Section 384.03, subdivision 2, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minnesota Statutes, Section 364.03, subdivision 3. . (5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health,safety,or general welfare of the community. (b) Notice and Hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight(8)days'notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. (Code, 1958 S 133.04; Village Ord. No. 163, 12-16-58;Ord, No. 74-101, 11-18-74, renumbered to S 133.02;Ord. No. 92-66, 12-21-92;Recodified by Ord. No. 95-13, 8-7-95; Ord. No. 2008-15, 5-5-2008) Section 14.59. PENALTY. A violation of any provision of this Division shall be a misdemeanor under Minnesota law. (Code, 1958 SS 133.03, 133.04, 133.07; Village Ord. No. 163, 12-16-58; Ord. No. 74-101, 11-18-74;Ord. No. 77-78, 10-17-77;Ord. No. 80-55, 12-15-80;Ord. No. 82-38, 9-27-82;Ord. No, 92-66, 12-21- 92;Recodified by Ord. No. 95-13, 8-7-95) Section 14.60. SEVERABILITY. If any section,subsection, sentence,clause,or phrase of this Division is for any reason held to be invalid,such decision shall not affect the validity of the remaining portions of this Division. The City Council hereby declares that it would have adopted the Division in each section,subsection, sentence, clause,or phrase thereof, irrespective of the fact that any one http://www.ci.bloomington.znn.us/cod/Code14_6.htrnl 7/9/2008 Bloomington City Code Chapter 14 page 6 Page 2 of 6 or more sections,subsections,sentences,clauses,or phrases be declared invalid. (Code, 1958 SS 133.03, 133.06; Village Ord. No. 163, 12-16-58;Ord. No. 73-55, 9-4-73; Ord. No. 74-101, 11-18-74;Ord. No. 80-55, 12-15-80;Ord. No. 92-66, 12-21-92;Recodified by Ord. No. 95- 13, 8-7-95) Division E. Public Assemblies Added by Town Ord. No.126, 1948 Deleted by Ord.No.87-77,10-26-87 Recodified by Ord. No.95-13,8-7-95 Amended by Ord.No.2008-17,5-19-2008 Section 14,61. PURPOSE AND FINDINGS; The City Council finds that persons and groups have a right to organize and participate in peaceful assemblies on the streets, sidewalks,walkways and parks in the City and to engage in assembly near the object of their protest so that they may be seen and heard, subject to reasonable restrictions designed to protect public safety, persons and property, and to accommodate the interests of persons not participating in the assembly to use the street, sidewalk or walkway to travel to their intended destinations and to use the parks for recreational purposes. Unregulated private special events and races, parades and public assemblies on public grounds, including but not limited to outdoor concerts,rallies,festivals, demonstrations, and ceremonies can potentially result in: (a) a danger to the safety and welfare of persons using public rights-of-way, including, but not limited to pedestrians, motorists, persons entering and leaving motor vehicles and buildings,and persons performing essential traffic control and emergency services; (b) excessive noise likely to distract motorists and disturb the public peace; (c) a danger to the safety of the participants, as well as other persons in their vicinity; (d) territorial disputes between competing users of public property;and (e) damage to public parks,public grounds, streets,walkways,property and facilities. It is the purpose of this ordinance to: (a) protect the safe movement of pedestrian and vehicular traffic contiguous to the site of the expressive activity by advance planning and appropriate staffing; (b) protect the rights of persons engaging in expressive activities in public areas to be free from danger, interruption,or disruption; (c) protect the general public by adequate staffing of necessary police,fire and rescue resources so that the diversion of resources to a private event or public assembly does not impair the ability of emergency responders to provide adequate services throughout the City; (d) protect the quiet enjoyment of private property and the dedicated use of public property; (e) coordinate multiple, competing uses of limited public space; (f) prevent use of public property, public grounds or facilities in a manner that is potentially dangerous, unlawful or impermissible under City, County, State or Federal rules of use; (g) provide a mechanism by which there is financial accountability for private use of City property or facilities so as to preserve that property for the benefit of the public;and (h) recover the costs to the City attributable to private use of public property and the http://www.ci.bloomington.mn.us/code/Code14_6.html 7/9/2008 Bloomington City Code Chapter 14 page 6 Page 3 of 6 public impact of certain private special events. (Code, 1958 S 133.05;Village Ord. No. 6, 5-26-53; Village Ord.No. 163, 12-16-58;Ord. No. 74-101, 11-18-74;Ord. No. 75-62, 12-8-75;Ord. No. 76-15, 4-5-76;Ord. No. 76-59, 12-6-76; Ord. No. 77-78, 10-17-77;Ord. No. 81-58, 11-23-81;Ord. No. 82-38, 9-27-82; Ord. No. 87-77, 10-16-87;Ord. No. 92-66, 12-21- 92;Recodified by Ord. No. 95-13, 8-7-95;Ord. No. 2008-17, 5-19-2008) Section 14.61.01. DEFINITIONS. The following words and terms when used in this Division shall have the following meanings unless the context clearly indicates otherwise: Parade-any procession of pedestrians,vehicles or animals or any combination thereof traveling in unison along or upon a street, road or highway within the City which is organized and conducted for the purposes of attracting the attention of the general public or expressing or celebrating views or ideas by use of verbal,visual, literary or auditory means of communication. A'parade'shall not mean a procession of vehicles operated in compliance with ordinary traffic laws or a procession of pedestrians along or upon a public sidewalk or private property,or alongside a public street, road or highway in compliance with ordinary traffic laws. Person-one(1)or more natural persons;a partnership, including a limited partnership;a corporation;a trust;or any other business organization or association. Private Special Event-any gathering for a common purpose as a result of prior planning, including,without limitation, musical presentations,festivals, carnivals,wedding receptions, political events and dances,where the person or group conducting or organizing the event reasonably anticipates that a total of 200 or more persons will participate in the event held on private property in the open and not within an enclosed structure,such as events held outdoors or in open garages,or temporary structures such as tents,sound stages, pavilions, and amphitheaters during which sound,music or noise is produced by use of sound amplification equipment or other means in excess of the limits set forth in Section 10.29.02. Public Assembly-any ceremony,show, pageant,fair, exhibit, promotion, block party, demonstration,picket line, rally or other gathering on public grounds in a place open to the general public where the person or group conducting or organizing the event reasonably anticipates that fifty(50)or more persons will participate in the assembly. A public assembly for which a permit is required under this Division does not include any immediate and spontaneous expression of views in response to a public event occurring within the preceding five(5)days. Race-any scheduled public event or gathering of persons for a planned athletic event that move upon a public street,sidewalk or other public grounds from one location to another such as bicycle or running races,which may potentially interfere with the normal flow or regulation of vehicular or pedestrian traffic. Religious Organization-a non-profit organization organized and operated exclusively for religious purposes that qualifies for tax-exempt status pursuant to Section 501(c)(3)of the internal Revenue Code. School(K-12)-establishments primarily engaged in providing instructional services to elementary or secondary students with a curriculum that complies with state regulations, including public schools governed by an elected school board and private or charter schools. (Added by Ord. No. 96-27, 7-1-96;Amended by Ord. No. 2008-17, 5-19-2008) http://www.ci.bloomington.mn.us/code/Code14_6.html 7/9/2008 Bloomington City Code Chapter 14 page 6 Page 4 of 6 Section 14.62. PERMIT REQUIRED AND VOLUNTARY REGISTRATION. No person shall conduct any public assembly, race or parade on public property,or a private special event,for which a permit required under this Division has not been first obtained. Any person or group organizing or conducting a public assembly for which a permit is not required by this Division may voluntarily register that event with the Issuing Authority at no charge. (Code, 1958 S 133.07;Added by Village Ord. No. 163, 1-1-59;Ord. No. 74-101, 11-18-74, renumbered to S 133.08;Ord. No. 80-55, 12-15-80;Ord. No. 87-77, 10-26-87;Ord. No. 92- 66, 12-21-92;Recodified by Ord. No. 95-13, 8-7-95;Amended by Ord. No. 96-27, 7-1-96;Ord. No. 2008-17, 5-19-2008) Section 14.63. PERMIT APPLICATION. (a) Filing. A person seeking issuance of a permit required by this Division must file a signed and completed application with the Issuing Authority on the forms provided. In order to allow sufficient time for an appeal from a permit denial, it is suggested that applications be filed at least sixty(60)days prior to the event. Nevertheless,any fully completed,signed application filed within the minimum filing periods set forth below will be accepted during business hours. (1) For events involving two hundred(200)or more persons or thirty(30)or more animals, not less than seven(7)business days prior to the planned event; (2) For any parade or race,or any public assembly that will make use of any portion of a public roadway, street or highway, not less than seven (7)business days prior to the planned event; (3) For all other public assemblies or private special events, not less than four(4) business days prior to the planned event. The Issuing Authority may waive the minimum filing period for good cause shown if, after due consideration of the date,time, place and nature of the parade, race, public assembly, or private special event,the anticipated number of participants,and the City services required in connection with the event, it is determined that the waiver will not adversely impact the public health,safety or welfare. (b) Contents. The application for a permit under this Division shall request the following information: (1) The name,address,e-mail address,facsimile and telephone number of the person,group or entity responsible for the sponsorship of the event. (2) The names,addresses,e-mail addresses,facsimile and telephone numbers of the headquarters of the organization for which the event is to be conducted, if any, and the name of the person within that organization responsible for the event. (3) A letter of authorization from the person organizing the event,or on whose behalf the event is being organized,if different from the Applicant. (4) The names,addresses,e-mail addresses,facsimile and telephone numbers of the persons who will act as the coordinators responsible for the event. (5) The names,addresses,and telephone numbers of any sound technicians for the event. (6) The date and hours when event will start and terminate, including set-up and http://www.ei.bloomington.mmus/code/Code14_61tml 7/9/2008 Bloomington City Code Chapter 14 page 6 Page 5 of 6 teardown times. (7) A description of the planned activities, including the approximate number of participants,the type and number of any animals or vehicles involved and the approximate number of spectators and guests reasonably anticipated. (8) Where the Issuing Authority determines based upon an assessment of the location, date,time of day, concentration of persons,vehicles,animals or equipment, use of sound amplification equipment or other equipment generating noise,vibration, dust or smoke,that the event appears likely to interfere with the safe and orderly movement of pedestrian or vehicular traffic contiguous to its route or location, interfere with the movement of firefighting equipment or ambulance service,lack adequate essential facilities for the health and safety of participants,or unreasonably interfere with the quiet enjoyment of neighboring properties or the dedicated use of the public property on which the planned event is to be situated,the Issuing Authority may require, without reference to or consideration of the content of the expressive activity, views expressed or anticipated to be expressed or the response it may provoke,one or more of the following: (i) A site plan for the location of the event, the route to be traveled, if any, including the starting point and the termination point,and the maximum and minimum speeds of any travel. A required site plan shall also describe the amount of the public right of way,sidewalk,walkway, park or other public ground that will be occupied by the participants,guests and onlookers of the event, including any loading or unloading areas. (ii) A parking, pedestrian circulation and traffic directional plan. (iii) A neighborhood notification plan for any properties within five-hundred (500)feet of the property lines of the site of an event to be held at a single location covering two square blocks or less,or along the route of any race, march or parade,along with a signed statement by the Applicant attesting that the Applicant will send by regular mail or hand- delivery notice of the date, time,location and size of the event to the owners or occupants of those properties at least 48 hours prior to the commencement of the event. (9) A description of any tents, stages, platforms, temporary structures,devices, tables, booths,first-aid or relief stations, dumpsters,fencing, portable toilets, signs,or banners to be used in conjunction with the event and their proposed location, (10) A description of any sound amplification equipment and its positioning,and other mechanical or electronic equipment to be used in connection with the event. (11) A description of any public facilities or equipment to be utilized, (12) A description of the Applicant's plan to clean up and restore the site. (13) A description of any food or beverage service provided to the public or event participants. (14) A description of any merchandise sales or fundraising. (15) A list of the last city or town in which any parade, race,outdoor concert,or public assembly was conducted by the Applicant or the person on whose behalf the event is to be conducted and whether or not the Applicant has had a parade, race,outdoor concert or public assembly permit or license revoked as a result of willful misconduct within the preceding five(5)years. (16) For events held on public grounds,an indemnification agreement signed by the Applicant setting forth the following or its legal equivalent: http://www.ci.bloomington.mn.us/code/Code14_6.html 7/9/2008 Bloomington City Code Chapter 14 page 6 Page 6 of 6 "In consideration for the use of public grounds and the grant of a permit for the purposes set forth in this Application,the Applicant agrees to defend, indemnify and hold harmless the City, its officers,agents,and employees against any and all claims,suits, actions, debts, losses, damages,costs,charges,and personal injury, including death, resulting directly or indirectly from any act of negligence, either active or passive,on the part of the Applicant in the Applicant's use of public property specified in the Application." (17) Such other information as the Issuing Authority requires in order to make a fair determination as to whether or not a permit should be issued. (Code, 1958 S 133.09;Added by Village Ord. No. 163, 1-1-59;Ord. No. 74-101, 11-18-74; Ord. No. 87-77, 10-26-87;Ord. No. 92-66, 12-21-92;Recodified by Ord. No. 95-13, 8-7-95;Amended by Ord. No. 96-27, 7-1-96; Ord. No.2008-17, 5-19-2008) II Preface I I. Charter I U.Code j SEARCH [I < Back I Forward> �I http://www.ci.bloomington.mn.us/code/Code14_6.html 7/9/2008 Bloomington City Code Chapter 14 page 7 Page 1 of 6 r�c ,I; o Z � Fel r �oon+��r� TON L MCI G TO 4C TY JC: D E �` A /«i„ ER ; II Preface I I Charter I IL Code I SEARCH II$.Back 1 Forward>II Part II. Code Chapter 14. LICENSES AND PERMITS Section 14.64. FEES. (a) Permit Fees. Permit fees for parades, races, public assemblies,and private special events shall be as set forth in Section 14.03 of this Code,and the permit fee shall be submitted with the application. Additional permits and fees may be required if the event includes public facility rental,tents or other attributes subject to separate regulation. (b) Contractual Police Overtime Deposit. A fee for contractual police overtime must be paid at the time the application is submitted if the Chief of Police determines, based upon the event's size,date,time of day, location,concentration of persons,vehicles, animals or equipment,that additional police services,over and above that which can be provided by regularly scheduled on-duty police personnel,is necessary to protect the public health,safety and welfare. The fee for contractual police overtime shall be based upon the established contractual overtime rates for the patrol and supervisory officers available,which include regular salary, plus regular fringe benefits. In making this determination,the Chief of Police may not reference or consider the content of the expressive activity or views expressed or anticipated to be expressed or the response it may provoke. (c) Other City Staff Overtime Deposit A fee for estimated City staff overtime must be paid at the time the application is submitted if the Issuing Authority determines,based upon the event's size,date,time of day, location,concentration of persons,vehicles, animals or equipment that additional City staffing is necessary to protect the public health,safety and welfare. The fee for City staff overtime shall be based upon the actual overtime rates for the City staff available to serve the private event,which shall include regular salary, plus regular fringe benefits. In making this determination,the Issuing Authority may not reference or consider the content of the expressive activity or views expressed or anticipated to be expressed or the response it may provoke. (Code, 1958 S 133.0913;Added by Village Ord. No. 163, 1-1-59;Ord. No. 74-101, 11-18-74, renumbered to S 133.10;Ord. No. 80-55, 12-15-80; Ord. No. 87-77, 10-26-87;Ord. No.92- 66, 12-21-92;Recodified by Ord. No. 95-13, 8-7-95;Amended by Ord. No. 96-27, 7-1-96;Ord. No. 2008-17, 5-19-2008) Section 14 64.01. EXEMPTIONS FROM PERMIT..FEE AND APPLICATION. (a) City Council Findings on Exemptions. The City Council makes the following findings regarding the need to exempt certain persons from paying a permit fee and submitting a permit application for private special events or public assemblies: (1) Schools conduct and sponsor several public assemblies or private special events,such as outdoor concerts,athletic competition,field trips and music events on a regular basis, including marching band events,sporting events with musical components, art festivals, and student fund-raisers. A permit application and fee for each such event would adversely impact the events, http://www.ci.bloomington.inn.ns/code/Code14_7.html 7/9/2008 Bloomington City Code Chapter 14 page 7 Page 2 of 6 which benefit the community as a whole, and, in most cases,would represent a transfer of public monies between governmental units without any corresponding benefit to the community. (2) Religious organizations conduct worship services on a regular basis and many hold worship services outdoors with musical components. A permit application and fee for each worship service held on private property would adversely impact the events and would place a burden on the organization's freedom of religion guarantees under the federal and state constitutions. (3) The City of Bloomington, including but not limited to the Parks and Recreation Division,and other governmental agencies acting within the scope of their functions, sponsor many public assemblies, including outdoor events with music components. Payment of permit fees for each such City sponsored event would adversely impact the events and would represent an internal transfer of public monies for no justifiable reason. (b) Exemptions from Permit Fees. In light of the City Council findings,the following :.::..................... persons are exempt from the fee for a permit under this Division for public assemblies or private special events, not including races or parades: (1) schools as herein defined conducting events on their own property or engaging in educational activities on public grounds under the immediate direction and supervision of proper school authorities; (2) religious organizations as defined herein conducting outdoor worship services on private property; (3) holders of a City facility use permit or interim use permit for the planned event where the activities are limited to the authorized use set forth in that permit; and (4) City of Bloomington sponsored events or events sponsored by other governmental agencies acting within the scope of their functions. (c) Exemptions from Permit Application; Registration. Those persons exempt from a permit fee in subpart(b)of this Section, shall not be required to complete a permit application. However,whenever amplified sound is a component of the event or the event may potentially interfere with the normal flow of traffic,the exempt person must register with the Issuing Authority providing notice of the planned public assembly or private special event at least five(5)business days prior to the proposed event. The registration notice shall include the name and phone number of the person sponsoring or conducting the event;the date and time of the event;the location of the event; a description of any sound amplification equipment, or other mechanical or electronic equipment to be used in connection with the event;and such other information as the Issuing Authority requires in the interest of the public health,safety and welfare. (d) Responsibilities of Exempt Event Sponsors. Those persons exempt from a permit fee and application in subpart(b)of this Section are nonetheless subject to all applicable state laws and City Code provisions, including without limitation regulations relating to:parks,open space and recreational areas(Sections 5.20-5.22.01); litter (Sections 10.15-10.28); noise(Sections 10.29-10.32);sound trucks(Sections 10.33-10.36);trespass(Sections 12.07-12.12); public nuisance(Sections 12.13- 12.16);juvenile curfew(Sections 12.27-12.33);vandalism(Section 12.34);transient merchant(Sections 14.180-14.192);tents(Section 19.63.06);and signs(Section 19.106)and may be required to pay the cost of any law enforcement services over and above the level of City services available with regular on-duty staffing that are directly attributable to their event. The City's cost of repair,clean-up,or replacement of City property, public grounds or facilities damaged as a direct result of the event shall also be recoverable from the exempt event sponsor, as well as any City liability http://www.ci.bloomington.mmuskode/Code14_7.html 7/9/2008 Bloomington City Code Chapter 14 page 7 Page 3 of 6 to third parties resulting from the exempt person's event. (Added by Ord.No. 96-27, 7-1-96;Amended by Ord. No. 2008-17, 5-19-2008) Section 14.65. PERMIT APPLICATION VERIFICATION AND CONSIDERATION. (a) Application Consideration. An application for a permit pursuant to this Division shall be submitted to the Issuing Authority,which shall verify the information on the application form. The Issuing Authority is empowered to conduct any and all investigations to verify the information on the application.The Issuing Authority shall then route the application to the Chief of Police, Director of Community Development, Fire Marshal, Parks and Recreation Manager and City Traffic Engineer for review and consideration based upon the applicable laws or regulations relating to the proposed event and an assessment of the event's likely impact on the public health,safety and welfare. The issuing Authority shall grant the permit as provided herein with such conditions as may be necessary to ensure adequate parking and traffic circulation,to minimize impacts on adjacent property,to ensure compliance with all applicable laws and to otherwise protect the health,safety and welfare of the community. A permit shall be granted when it is found by the Issuing Authority that: (1) The conduct of the event will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location; (2) The conduct of the event will not interfere with the movement of fire fighting equipment; (3) The conduct of the event will not require the diversion of so great a number of City police resources as to pose an adverse impact on the health,welfare and safety of the public; (4) The concentration of vehicles, persons and animals at the public assembly points of a parade,outdoor concert, race or other event will not unduly interfere with proper fire and police protection of, or ambulance service to,areas contiguous to such parade, outdoor concert, race or public assembly; (5) The conduct of the event is not reasonably likely to cause injury to persons or property; (6) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas of the event; (7) There are sufficient parking places near the beginning and end sites of the public assembly areas of the event; (8) The Applicant has paid all fees required under Section 14.64; (9) The parade, race,or public assembly, not including special events on private property, is not being held for the primary purpose of advertising or selling any product or service and is not designed to be held purely for commercial purposes; (10) No parade, race or public assembly permit application for the same time and location is already granted, or has been received and will be granted, and no event listed in Section 14.64.01(b)is already scheduled for the same time and location. In the case of competing applications simultaneously under consideration for the same time and location,the Issuing Authority will use an impartial, blind lottery to determine which Applicant is entitled to the permit. (b) Approval or Denial. The Issuing Authority shall act promptly upon a completed permit application but in no event shall fail to grant or deny a permit more than twenty http://www.ci.bloomington.mn.us/code/Code14_7.htmi 7/9/2008 Bloomington City Code Chapter 14 page 7 Page 4 of 6 (20)days after its receipt or less than forty-eight(48)hours prior to the event without the written consent of the Applicant. If the application is denied, in whole or in part,the Issuing Authority shall notify the Applicant of the determination in writing,setting out the specific reason therefore. The notice shall be mailed,e-mailed,or sent by facsimile to the Applicant at the street address, e-mail address,or facsimile number provided in the application and it shall inform the Applicant of the Applicant's right, within twenty(20)days after the date the notice was mailed to request an administrative review of the Issuing Authority's determination to the City Manager or the City Manager's designated representative. The Issuing Authority in denying an application for a permit may authorize an alternative permit for the parade, race, public assembly or private special event at a date,time, location, route or under conditions different from that named by the Applicant. An Applicant desiring to accept an alternative permit shall,within five(5)days after notice of the denial,file a written notice of acceptance with the Issuing Authority. (c) Administrative Review. An Applicant has a right to request an administrative review of the Issuing Authority's determination to deny a permit to the City Manager or the City Manager's designated representative within twenty(20)days after the date the notice of denial was mailed by serving the Issuing Authority with a written request for administrative review along with all documents and written arguments serving as a basis for the Applicant's position. If a request for administrative review is timely received by the Issuing Authority,the City Manager or the City Manager's designee shall issue a written decision, setting forth the reasons therefor within a reasonable period,in no case later than twenty(20)days from the date of receipt of the request for administrative review by the Issuing Authority. The decision of the City Manager or the City Manager's designee must be mailed to the Applicant at the address on the permit application. Exhaustion of administrative remedies is not a precondition to judicial review. (Code, 1958 S 133.10;Added by Village Ord. No. 163, 1-1-59;Ord.No. 74-101, 11-18-74, renumbered to S 133.11; Ord. No. 92-66, 12-21-92;Recodified by Ord. No. 95-13, 8-7-95; Amended by Ord. No. 98-7, 3-2-98;Ord. No. 2008-15, 5-5-2008;Ord.No. 2008-17, 5-19- 2008) Section 14.66. PERMIT RESTRICTIONS AND PERMIT REVOCATION. (a) Limitations. The Applicant, along with any person acting under the Applicant's control or direction, must conduct and control the public assembly, parade, race or private special event so that it remains at all times in complete conformity with all conditions set forth in the approved permit application. (b) Application of Other Laws. In addition to the provisions of this Division,parades, races, public assemblies and private special events shall be subject to all other applicable state laws and City Code provisions, including without limitation regulations relating to:parks,open space and recreational areas(Sections 5.20-5,22.01); litter (Sections 10.15-10.28);noise(Sections 10.29-10,32);sound trucks(Sections 10.33-10.36);trespass(Sections 12.07-12.12); public nuisance(Sections 12.13- 12.16);juvenile curfew(Sections 12.27-12.33);vandalism(Section 12.34);transient merchant(Sections 14.180-14.192);tents(Section 19.63.06);and signs(Section 19.106). (c) The Chief of Police shall have the authority to revoke a permit issued hereunder instantly upon violation of the conditions or standards for issuance as set forth in this Division,violation by any participant of City Code or state law,or in case of a public http://www.ci.bloomington.mn.uslcode/Code14_7.html 7/9/2008 Bloomington City Code Chapter 14 page 7 Page 5 of 6 emergency. (Code, 1958 S 133.11;Added by Village Ord. No. 163, 1-1-59;Ord. No. 74-101, 11-18-74, renumbered to S 133.12;Ord.No. 80-55, 12-15-80;Deleted by Ord. No. 92-66, 12-21-92; Recodified by Ord. No. 95-13, 8-7 95;Amended by Ord. No. 2008-17, 5-19-2008) Section 14.67. PROHIBITIONS. (a) No person shall stage, present, conduct or start any parade, race, public assembly or private special event without first obtaining a permit as required by this Division. (b) No person shall unreasonably hamper, obstruct,or impede or interfere with any permitted parade, race, public assembly or person,animal or vehicle participating therein. No driver of any vehicle shall drive between the vehicles, persons or animals comprising a parade or race when such parade or race is in motion. The Chief of Police shall have the authority,when reasonably necessary,to prohibit or restrict the parking of vehicles along the route of the race or parade in areas contiguous thereto and shall post signs to such effect and it shall be unlawful for any person to park or leave a vehicle unattended in violation thereof. (c) No person shall participate in a parade,race, public assembly or private special event for which the person knows or reasonably should have known that a required permit has not been issued. (d) No person in charge of,or responsible for the conduct of,a permitted parade,race, public assembly or private special event shall intentionally violate any condition of the permit. (e) No person shall intentionally engage in,participate in, aid or start any parade, race, public assembly or private special event that poses a substantial hazard to the public safety. (f) No person participating in a parade, race, public assembly or private special event shall utilize sound amplification equipment at decibel levels that exceed those limits imposed by Section 10.29.01 unless otherwise specifically authorized in the permit. (g) No person participating in a parade, race, public assembly or private special event shall possess any length of lumber,wood or wood lath unless it is one-fourth inch or less in thickness and two inches or less in width,or if not rectangular, not more than three-quarters inch in its thickest dimension. (Code, 1956 S 204.01;Ord. No. 192, 5-22-59;Ord, No. 65-93, 11-1-65;Recodified by Ord. No. 95-13, 8-7-95;;Amended by Ord. No. 2008-17, 5-19-2008) Section 14.68. PENALTY AND SEVERABILITY. A violation of any provision of this Division or any lawful order of the Chief of Police or his designee shall be a petty misdemeanor under Minnesota law. If any section,subsection, sentence,clause,or phrase of this Division is for any reason held to be invalid,such decision shall not affect the validity of the remaining portions of this Division. The City Council hereby declares that it would have adopted the Division in each section, subsection, sentence,clause,or phrase thereof, irrespective of the fact that any one or more sections, subsections,sentences, clauses,or phrases be declared invalid. (Code, 1958 S 204.02;Ord. No. 192, 5-22-59;Ord. No. 65-93, 11-1-65;Ord. No. 74-120, 11-18-74;Ord. No. 75-62, 12-8-75;Ord. No. 76-59, 12-6-76;Ord. No. 80-55, 12-15-80;Ord. No. 81-58, 11-23- 81;Ord. No. 82-38, http://www.ci.bloomington.mn.us/codelCode14_7.html 7/9/2008 Bloomington City Code Chapter 14 page 7 Page 6 of 6 9-27-82;Recodified by Ord. No. 95-13, 8-7-95; Ord. No. 2008-17, 5-19-2008) Division F.Roller Skating Rinks Added by Town Ord. No.184,7-22-52 Amended by Ord.No.92-66, 12-21-92 Recodified by Ord. No.95-13,8-7-95 Section 14.69. PURPOSE. The City Council finds that roller skating rinks can present crowd control problems and cause noise and other nuisance complaints if not properly regulated. In order to protect the health,safety and welfare of the community,the City Council adopts this ordinance regulating roller skating rinks operating within the City. (Code, 1958 S 135.01;Ord. No. 87-77, 10-26-87;Recodified by Ord. No. 95-13, 8-7 95) II Preface 11.Charter I IL Code I SEARCH II < Back[ Forward> Lj http://www.ei.bloomington.mn.us/code/Code14_71tml 7/9/2008 Bloomington mulls new rules on demonstrations Page 1 of 2 StarTribune.corn MiNNEAPOLIS-ST.PAUL, MINNESOTA Bloomington mulls new rules on demonstrations By MARY JANE SMETANKA, Star Tribune May 3, 2008 Concerned that the city isn't ready for demonstrators who might show up for the Republican National Convention this fall, Bloomington is considering its first-ever requirement that protesters get a city permit before holding a demonstration or march. The City Council may vote on the proposed ordinance Monday night. "The Republican convention is what inspired it," said Sandy Johnson, associate city attorney. "Before, we had no real motivation to go forward. We hadn't had any big demonstrations." If Bloomington seems an unlikely target for political demonstrations, think again. With 7,800 hotel rooms -- more than Minneapolis and St. Paul combined --the city will play host to thousands of delegates, staff and media who are here for the Sept. 1-4 convention. The Mall of America, which will host some events, also might attract people who want to draw attention to causes. Even highway overpasses, which are ideal spots for sign- waving, could become demonstration sites, Johnson said. Until now, Bloomington hasn't really needed to require permits for demonstrators, Johnson said. While striking airline workers, angry carpenters and others have held large rallies and protests, "they've been very nice, calling up the police and telling them what they're doing," she said. But recently people have been calling Bloomington police and asking if the city requires permits for demonstrations. City officials think people who are planning protests may be scouting for locations with the loosest regulations. The proposed ordinance would require a permit for assemblies on public land involving at least 25 people gathered for a common purpose; for any planned movement of people, animals or vehicles on public streets or walkways that could interfere with traffic or pedestrians; and for certain outdoor gatherings on private property. When a draft version of the ordinance was presented to the council two weeks ago, council members were less concerned about how it might affect political protests than the effect on rowdy back-yard graduation parties or impromptu bands that start jamming on a deck. http://www.startribune.conl/templates/Print This_Story?sid=18541139 7/9/2008 Bloomington mulls new rules on demonstrations Page 2 of 2 Johnson said the proposed ordinance has been tweaked to allow the council to choose from three alternatives for outdoor gatherings on private property. Permits could be required at gatherings of at least 100 or 200 people where people are using sound amplification equipment. Or the council could decide to require a permit where outdoor music exceeds a certain noise standard. Johnson said city attorneys would like the council to pass at least the public assembly part of the ordinance so its provisions can take effect in time for the convention. To allow a full review of any proposals as well as time for appeals, the ordinance asks demonstrators to file a permit request 60 days before the event. While groups could file as close as 10 days before an event, the city couldn't guarantee it would have time to consider appeals if the permits were denied, or appeals over requirements, Johnson said. Each application for a public assembly would have an $80 base fee. If a gathering is considered "high intensity relative to its setting," the city also could require a site plan, security plan, neighborhood notification, a deposit to cover possible police overtime and a security deposit or insurance certificate. Bloomington looked to ordinances in cities such as St. Paul, Iowa City and Orlando as models, Johnson said. In some cases, policies in those cities have withstood a legal challenge. Johnson said she doesn't think the proposed requirements are onerous. "What you do is prepare for the worst and hope for the best," she said. Despite its lack of regulation, Bloomington hasn't escaped all protests. In 1996, a small group of anti-fur demonstrators protested inside the Mall of America, urging a boycott of Macy's. Though the demonstration was peaceful, four protesters were arrested when they refused to leave. The case was appealed all the way to the Minnesota Supreme Court, which ruled that the mall was not a public forum. 'That decision is especially important with the Republican Convention coming," said City Attorney David Ornstein. Mary Jane Smetanka • 612-673-7380 ©2008 Star Tribune.All rights reserved. http://www.startribune.com/templates/Print This_Story?sid=18541139 7/9/2008 CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Accept the "Adaptive ITEM NO.: XIV.C.1. Community Development, Use Study of the John R. Cummins House" and Janet Jeremiah Direct Staff to Begin Marketing a Portion of the Site for Sale or Lease with the Remainder Public Requested Action Move to: Accept the "Adaptive Use Study of the John R. Cummins House" and Direct Staff to Begin Marketing a Portion of the Site for Sale or Lease with the Remainder Public. Synopsis The Final Report of the "Adaptive Use Study of the John R. Cummins House" indicates that the most likely viable economic use of the house and a portion of the grounds would be for a hospice provided an addition is made to the house. Office, residential, and horticultural are also possible viable uses. Regardless of the ultimate use, much of the heritage site, including the historic peony garden, could remain open to the public. Background Information In 2006, the City Council directed staff to solicit consultant proposals for a reuse study of the historic John R. Cummins House at 13600 Pioneer Trail. After consideration of the proposals, the City entered into a contract with Robert C. Vogel of Pathfinder CRM to prepare the study utilizing Certified Local Government (CLG) grant funds. The study began in December, 2006 with a team of study members including City staff, the Heritage Preservation Commission (HPC), Pathfinder and GLT Architects (subconsultant). Two open houses were held at the Cummins site in February, 2007 to allow potential future users to view the site and learn about the study. A public meeting was held at City Hall on February 26, 2007 for the HPC and study team to hear and review the many ideas that were brought forward for the property. On April 16, 2007, the HPC selected four scenarios for further consideration: 1) housing; 2) office; 3) horticultural; and 4)hospice. On May 21, 2007, the study team evaluated the reuse scenarios. On July 16, 2007, the HPC reviewed the study findings and approved the contents of the report. On September 21, 2007, the final CLG grant products were submitted to the State Historic Preservation Office (SHPO). On May 20, 2008, the report was presented to the City Council during a joint workshop with the HPC. Much of the discussion was focused on the hospice alternative, which the report indicates is the most likely to be economically viable. The hospice alternative would require an addition to the house. A sensitively designed addition is feasible without adversely affecting the existing historic designation. Considerations In order to attract a hospice use to invest in a large addition to the house, the City would most likely have to sell the house and portion of the property. A private owner would still be subject to the historic preservation requirements. Given the location of the property adjacent to a public park, the Council may prefer retaining ownership of the entire property. Certain potential users, such as boutique office or horticultural sales, may be willing to lease the first floor without major improvements to the house. However, a parking lot and certain ADA improvements would still be necessary. The user would likely request that the City pay for the improvements or offer rent reductions in lieu of selling it outright. It may be possible to sell a portion of the property for residential without making improvements. However, the sale price for residential would likely be substantially lower than for commercial. The study recommends establishing a realistic asking price for reuse of a portion of the property prior to soliciting detailed proposals. An appraisal was completed in April, 2007 suggesting a value of$710,000 for commercial use of the portion of the property anticipated to be marketed. Given the current market conditions, that appraisal may be optimistic. However, it could establish a starting point for negotiations. If a portion of the property is sold or leased for a hospice or other use, much of the heritage site, including the peony garden, could remain in public ownership and accessible to the public. The site will not be ready for most potential uses until 2010, due to planned roadway and utility work. Staff recommends marketing the site for sale or lease in accordance with the reuse options presented in the report. Staff could then report back to the Council with offers. Attachments None—copies of the report were distributed during the workshop and are available upon request. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Jay Lotthammer, Director, Cemetery Upgrades Parks and Recreation Requested Action Move to: Authorize staff to proceed with proposed improvements as supported by the Cemetery Task Force Report. Synopsis The Pleasant Hills Cemetery was conveyed to the City of Eden Prairie in 1986. Along with the land and the responsibility for operation, care and maintenance; a perpetual care fund was contributed. Recently, a Cemetery Task Force was formed to study the current policies and procedures along with proposed improvements for the cemetery. On March 4, 2008, the City Council accepted the Cemetery Task Force Report and directed staff to move forward with developing a plan for the recommended upgrades. The City Council acts as the Cemetery Board and has the authority to authorize both policy and physical upgrades. The total project costs are estimated to be approximately $75,000. The current fund balance of$258,000 is sufficient to fund the improvements. The attached master plan and cost estimates indicate the items that are proposed to be upgraded or replaced. All purchasing procedures will be followed and any items requiring City Council approval will be brought back to the Council at a later date. Attachment Memo from Stuart Fox: Capital Improvements Request for Pleasant Hill Cemetery To: Mayor and City Council I'S, From: Stuart A. Fox, Parks and Natural Resources Manager EDEN Date: July 15, 2008 PRAIRIE Subject: Capital Improvements Request for Pleasant Hill Cemetery LIVE•WoRK•DREAM On March 4, 2008 the Cemetery Task Force made its presentation to the City Council regarding Pleasant Hill Cemetery. Within that report was a section on recommended improvements which could be funded using money from the Perpetual Care Fund. A portion of the report focused on some specific capital repairs and improvements needed to dress up the cemetery grounds. The portion of the Task Force Report that contained the recommendations was contained in the Short Term Recommendation section and contained the following text: Status of the Perpetual Care Fund Task Force requested that city staff discuss the current budget expenditures and the Perpetual Care Fund balance. When this was disclosed to the members they have several recommendations regarding capital expenditures for upkeep of the cemetery. They feel that these expenditures are necessary to upgrade some of the current amenities at the cemetery and that the Perpetual Care Fund is sufficient to fund them. Their recommendations for improving the cemetery grounds are: • New perimeter fence—the Task Force recommends that the current chain link fence on the front side of the cemetery be replaced with a more representative steel or rod iron type fence material that would give it the ambiance of an older cemetery. In addition the side and rear perimeter fences are in need of an upgrade since several of areas of fencing are in excess of fifty years old and there are many spots where the fence is either down or in such poor condition that it needs to be replaced. • New entry sign with plants and flowers. Cemetery Task Force members believe that a new entry sign is necessary to better represent the old style character of this historic cemetery. One suggestion was to have an arch sign stating "Pleasant Hill Cemetery" above both of the gated entry points to the cemetery. Staff suggested that these designs could be worked out with consultant and those designs brought forward to the City Council for consideration. • Add or replace benches—currently the cemetery has a variety of benches and sitting apparatus within the cemetery. The Task Force is recommending that there be some type of uniform bench, as well as a landscaped area in and around the benches to provide a more pleasing and uniform appearance. • Plant additional trees. Task Force members recommend that additional trees should be planted in appropriate locations were graves were fully occupied and that there is adequate space for trees to be planted. • Trim trees and remove overgrown vegetation. Within the cemetery there are some trees that have grown through the fencing as well as up and over the perimeter fence. This vegetation needs to be either removed or trimmed in a manner to make the grounds more aesthetically pleasing. • Repair driveways and extend the driveway in Section III. Currently the driveways are in need of some minor repairs and should be seal coated to get rid of some of the cracks to increase the longevity of the current asphalt surface. The driveway in Section III only extends part way back within the cemetery and Task Force members recommends extending it to the most northerly lot line of that section. • Irrigate a portion of the cemetery. Task Force members suggested that perhaps irrigation could be added to certain portions of the cemetery to help with the tree and turf health. This recommendation would have to be further evaluated to see if it is feasible since public water source is not readily available at the cemetery location. All of the above items are capital expenditures that could be funded out of the Perpetual Care Fund. The city does have the authority to expend monies from the Care Fund for the normal upkeep and maintenance of the cemetery, including fencing, driveways and parking surfaces, vegetation management, and other items considered as normal upkeep of the cemetery grounds. Before anything would be undertaken, staff suggests that a more detailed study be done to determine the costs of the Task Forces recommendations. In addition, staff will develop a priority list of maintenance projects for the cemetery to be brought back to the City Council at a future date. Expenditures from the Perpetual Care Fund are separate from the General Fund Budget and therefore are not subject to the same time frame as the associated with the approval of city budget. Staff Recommendation Staff has been gathering information to make some of the improvements that are listed in the report and is requesting that the City Council authorize the expenditure of up to $75,000 from the Cemetery Perpetual Care Fund to: • Replace the perimeter fence—estimated cost $35,000 • Trim trees and overgrown perimeter vegetation - estimated cost $7,000 • Pave the entry drive and overlay interior driveways—estimated cost $20,000 • Install a new sign and landscape the Pioneer Trail frontage—estimated cost $10,000 • Install new benches within the grounds—estimated cost $3,000 Staff will provide the City Council with expense updates as these projects are completed. CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Jay Lotthammer, Director, Parks and Recreation Fees and Charges Parks and Recreation Requested Action For your information only. Synopsis Staff is submitting the proposed changes to fees and charges for inclusion in the 2009 budget. These fees and charges are a part of the annual operating budget within the Parks and Recreation Department and help offset operating expenses. A public hearing is being scheduled for the August 19 City Council meeting. Background Fees and charges are established for programs and services offered through the Parks and Recreation Department. Historically, the fees and charges have been approved by the City Council towards the end of the calendar year. From a practical standpoint, this meets the requirement for inclusion into the next year's budget. However, in order to promote the programs and services that these fees and charges are associated with in a timely manner(approximately September), staff has had to assume that these fees would be acceptable to the City Council. In order to advance the timeline for approval and allow time for additional comments and suggestions, staff is proposing the following timeline: June Review proposed fees and charges with the Parks, Recreation and Natural Resources Commission July Submit to City Council for Approval Late Fall Include with Resolution for all City Fees and Charges January Implement Approved Fees The following are new or changed fees and charges proposed by staff for 2009. This information was discussed and unanimously recommended for adoption by the Parks, Recreation and Natural Resources Commission at their June 2, 2008 meeting. Meeting Room 201 fee change - The fee increase is due to the size of the room. It falls between the smaller meeting rooms and the larger Cambria. It also provides a higher level of amenities than the small meeting rooms. Parks and Recreation Fees and Charges July 15, 2008 Page 2 Addition of Gymnasium fees - This is due to uncertainty of what the market could bare for gymnasium rental during the time the fee schedule was due. Addition of 3rd Rink fee - This is due to uncertainty of what the market could bear for dry floor rink rental during the time the fee schedule was due. The fees are subject to increase once we include the turf covering on the dry floor. Racquetball fee decrease - This was a misprint in the previous resolution Addition of Play Care fees -New child care facility requires a fee for members Addition of Play Structure fees -New Play Structure fees are required for members and patrons Addition of Birthday Party fees -New birthday party package fees requested by patrons Ice time increase - Hourly prime time ice rates are proposed to be increased. This is similar to other facilities within the market and has been a common practice to help off-set expenses. Fee increases to reflect increases in maintenance cost for: canoe rack storage,ballfield tournaments and cemetery lots. These fees and charges were received by the Parks, Recreation and Natural Resources Commission and were recommended to be adopted. Attachment Proposed 2009 Fee Resolution Charts 2009 Proposed Fee Resolution Service Description 2008 2009 COMMUNITY CENTER Community Center Membership Benefits 1.Includes full use of fitness facility including a complimentary equipment orientation 2.Includes group fitness classes(except contract labor classes such as Yoga and Pilates) 3.Includes use of racquetball courts 4.Includes free open gym,skate and swim 5.Includes discount on room rentals(30 day last minute rental) 6.Includes priority booking for Cambria Room Additional Information 1.One time administrative fee of$25.00 2.Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase. Occurs on the 1st of every month. 3.10%discount for 12 month up front payment. 4.$5.00 monthly suspension fee available for up to 3 months per 12 month term. Guidelines for Membership Types Youth Membership Defined as any child 18 years of age and younger. Adult Membership Defined as any individual ages 19 years of age and older. Dual Membership Any two adults or adult and youth residing at the same address. Dual Plus One Any two adults plus one youth or one adult and two youths residing at the same address. Household Membership Any two adults and up to four youth residing at the same address. Senior Defined as any individual 62 years of age and older. Extended Household See Community Center Management for membership options that include larger families,nannies,and babysitters. Senior Dual Membership Any one senior and one additional member(55 or older)residing at the same address. Monthly Resident Membership Rates A resident either lives or works in Eden Prairie.Valid for 12 months from date of purchase. 10%discount on upfront purchase of 12 month membership Youth(18 and under) Monthly rate plus applicable taxes $ 24.00 $ 24.00 Adult(19 and over) Monthly rate plus applicable taxes $ 32.00 $ 32.00 Dual Monthly rate plus applicable taxes $ 57.00 $ 57.00 Dual Plus One Monthly rate plus applicable taxes $ 67.00 $ 67.00 Household Monthly rate plus applicable taxes $ 77.00 $ 77.00 Senior(62 and older) Monthly rate plus applicable taxes $ 24.00 $ 24.00 Senior Dual Monthly rate plus applicable taxes $ 42.75 $ 42.75 Monthly Non Resident Membership Rates Youth(18 and under) Monthly rate plus applicable taxes $ 38.40 $ 38.40 Adult(19 and over) Monthly rate plus applicable taxes $ 38.40 $ 38.40 Dual Monthly rate plus applicable taxes $ 68.40 $ 68.40 Dual Plus One Monthly rate plus applicable taxes $ 80.40 $ 80.40 Household Monthly rate plus applicable taxes $ 92.40 $ 92.40 Senior(62 and older) Monthly rate plus applicable taxes $ 38.40 $ 38.40 Senior Dual Monthly rate plus applicable taxes $ 68.40 $ 68.40 Equipment Rental **Free to Eden Prairie non profit service organization groups. Ice Skates Per pair $ 1.50 $ 1.50 Overhead projector Per use $ 15.00 $ 15.00 Projector screen Per use $ 10.00 $ 10.00 Racquetball racquets Per racquet $ 2.00 $ 2.00 TV/VCR cabinet Per use $ 15.00 $ 15.00 Play Care Per hour;2 hour maximum;members only $ 2.00 Play Structure Per child;per visit $ 4.50 Birthday Party 2 hour room rental,free skate rental $ 20.00 2009 Proposed Fee Resolution Service Description 2008 2009 Daily Full Use Pass(includes open gym,open skate,open swim,group fitness,fitness,and racquetball) **Must be age 14 and up to use Fitness Center Members Free Free Individual Resident Youth or adult $ 7.50 $ 7.50 Family Resident Up to six people living at the same address $ 15.00 $ 15.00 Individual Non Resident Youth or adult $ 9.50 $ 9.50 Family Non Resident Up to six people living at the same address $ 19.00 $ 19.00 Open Skate,Swim and Gym **Resident and Non Resident-fee is for the use of open swim,open skate,and open gym) Tots 4 years of age and under $ 3.00 $ 3.00 Youth 5 years of age to 18 years of age $ 4.00 $ 4.00 Adult 19 years of age or older $ 7.50 $ 7.50 Family rate Up to six people living at the same address $ 13.00 $ 13.00 Lifeguards Per hour $ 14.00 $ 15.00 One to 50 swimmers Second lifeguard required 51-100 swimmers Third lifeguard required 101 or greater Add'l lifeguards will be determined by management depending on group size and age Special Ice Rates-School District 272 Physical education classes Per hour-50%of non-prime time rate $ 70.00 $ 70.00 Hockey games Prime time rate-Personnel required to run the games supplied by others. Special Pool Rates-School District 272 Physical education classes Based on prime time rate for 5,490 total square feet Lifeguard training class with EP School Phy Ed Dept Per student($1,000 minimum)when course is conducted by City Staff COMMUNITY CENTER-POLICY OF GROUP RATE&LIABILITIES Group Rentals **Groups of 20 or greater will receive free rental skates when purchasing ice Lock-In-11 p.m.to 5:30 a.m. **Lock-in groups will be charged an additional$1 per person for groups greater than 150. Personal costs above stated rates include one building supervisor. **Supervision will be at the discretion of the Community Center management.This will be based on the number of people to be using the center,as well as the age and type of group. Skate Rental $ 1.50 $ 1.50 Lifeguards Per hour $ 14.00 $ 15.00 ** 1 to 50 participants-2 lifeguards required **51 to 100 participants-3 lifeguards required ** 100 plus participants-4 lifeguards required.Additional lifeguards determined by management depending on group size and ages. Pool rental Per Hour.Two hour minimum plus$14.00/hr per lifeguard $ 50.00 $ 50.00 COMMUNITY CENTER ADVERTISING FEES Note:Once groups have paid for the initial multi-year agreement,they may renew the contract each year for 1 year at the pro-rated fee. Ice Resurfacer Per side per year/5 year term($2,500 for both sides) $ 1,500.00 $ 1,500.00 Score Board Per side per year/5 year term $ 1,500.00 $ 1,500.00 On-Ice Logo Per two 4'x4'logos per year/3 year term $ 1,500.00 $ 1,500.00 Dasher board Annually/3 year term $ 950.00 $ 950.00 OAK POINT POOL Pool Rental-Lifeguards **Pool rental in addition to these fees Small slide pool rental only Per hour for three lifeguards $ 42.00 $ 45.00 Requires a minimum of three lifeguards Add'l lifeguards will be determined by management depending on group size and age Large pool rental only Per hour for two lifeguards $ 28.00 $ 30.00 Requires a minimum of 2 lifeguards Based on non-holiday hours Rental of entire pool facility Per hour for five lifeguards $ 70.00 $ 75.00 Requires a minimum of 5 lifeguards 2009 Proposed Fee Resolution Service Description 2008 2009 BEACHES Boat&Marina Rental Canoe rack storage Per rack per season $ 45.00 $ 50.00 ORGANIZED ATHLETICS Adult League Play Non youth sport teams Per game $ 30.00 $ 30.00 Ball Field Tournaments State,regional,and national tournaments Per day,per field $ 90.00 $ 100.00 Other youth and adult tournaments Per day,per field $ 90.00 $ 100.00 Additional charge when lights are used Per hour $ 10.00 $ 10.00 For new soccer field for tournament Per field set-up $ 160.00 $ 180.00 Clinics and Camps Per day,per field $ 40.00 $ 40.00 PLEASANT HILL CEMETERY Ground Thawing:November 1-April 1 Casket burial $ 75.00 $ 75.00 Cremation burial $ 50.00 $ 50.00 Internment Casket burials Vault size 12 inches by 24 inches $ 275.00 $ 275.00 Vault size 12 inches by 36 inches $ 300.00 $ 300.00 Vault size 36 inches by 60 inches $ 400.00 $ 400.00 Vault size 48 inches by 96 inches $ 500.00 $ 500.00 Cremation burials Urn size 12 inches and under $ 200.00 $ 200.00 Urn size over 12 inches $ 350.00 $ 350.00 Lot Resident 20%perpetual care&80%maintenance $ 400.00 $ 500.00 Non-residentMEM $ 600.00 $ 650.00 Set Grave Markers Single $ 150.00 $ 150.00 Double $ 200.00 $ 200.00 COMMUNITY GARDEN PLOTS 20 foot by 30 foot plot Residents only Senior citizen discount$12.00 $ 54.00 $ 54.00 20 foot by 60 foot plot Residents only Senior citizen discount$24.00 $ 108.00 $ 108.00 2009 Proposed Fee Resolution - Facilities Group 1 Group 2 Group 3 Facility Facility Information Fee 2008-1 2008-2 2008-3 Group 1 Group 2 Group 3 COMMUNITY CENTER **Eden Prairie Associations will be charged$15.00/hr for team parties/activities where food and beverages are provided as part of the activity. Group I will still be charged$5.00/hr for all other meetings, ** Request must be submitted to Community Center Manager or Customer Service Representative a minimum of two weeks prior to requested date.Times and dates must not conflict with an existing program or activity. City programs have priority ** Eden Prairie Athletic Associations receive one free meeting room use per month. ** For Group II and Group III,discounted meeting rooms are avail.7:00 am to 3:00 pm,Tues to Thur Ice Arena-Rinks 1,2&3 Spring prime time-March 1 thru June 13-3 p.m.to 11 p.m $ 165.00 $ 165.00 $ 165.00 Per Hour $ 160.00 $ 160.00 $ 160.00 Monday-Friday,weekends,holiday,&non-school days; $50 deposit required with ice rental reservation Spring non-prime time-March 1 thru June 13-before 3 p.m.and after 11 p.m $ 140.00 $ 140.00 $ 140.00 Per Hour $ 140.00 $ 140.00 $ 140.00 Monday-Friday;$50 deposit required with ice rental reservation Summer time-June 14 thru Aug 31-6 a.m.to 11 p.m. $ 140.00 $ 140.00 $ 140.00 Per Hour $ 140.00 $ 140.00 $ 140.00 Fall prime time-September 1 thru September 30 -3 p.m.to 11 p.m. $ 165.00 $ 165.00 $ 165.00 Per Hour $ 160.00 $ 160.00 $ 160.00 Monday-Friday,weekends,holiday,&non-school days; $50 deposit required with ice rental reservation Fall non-prime time-September 1 thru September 30-before 3 p.m.and after 11 p.m. $ 140.00 $ 140.00 $ 140.00 Per Hour $ 140.00 $ 140.00 $ 140.00 Monday-Friday;$50 deposit required with ice rental reservation Winter prime time-October 1 thru February 29-3 p.m.to 11 p.m $ 175.00 $ 175.00 $ 175.00 Per Hour $ 170.00 $ 170.00 $ 170.00 Monday-Friday,weekends,holiday,&non-school days; $50 deposit required with ice rental reservation Winter non-prime time-October 1 thru February 29-before 3 p.m.and after 11 p.m $ 140.00 $ 140.00 $ 140.00 Per Hour $ 140.00 $ 140.00 $ 140.00 Monday-Friday;$50 deposit required with ice rental reservation Ice Arena-Rink 3(no turf) $ 50.00 $ 65.00 Per Hour Cambria Room(Room 102) 2 hr minimum $ 40.00 $ 50.00 $ 65.00 Per Hour $ 40.00 $ 50.00 $ 65.00 Plus applicable taxes Meeting Rooms 101,103,202,203,204,Lounge Eden Prairie Athletic Associations receive one free meeting room use per month $ 15.00 $ 20.00 $ 35.00 Per Hour $ 15.00 $ 20.00 $ 35.00 7:00 a.m.to 3:00 p.m.-Tues through Thurs.User group must purchase room for minimum of 30-hour time block After 3:00pm,Friday,Sat and Sun,each time block must be a minimum of 2 hours in length. Request must be submitted to Customer Service Rep Plus applicable taxes 2009 Proposed Fee Resolution - Facilities Group 1 Group 2 Group 3 Facility Facility Information Fee 2008-1 2008-2 2008-3 Group 1 Group 2 Group 3 Multi-Purpose Meeting Room 201 Eden Prairie Athletic Associations receive one free meeting room use ner month 1 $ 25.00 $ 35.00 $ 50.00 Per Hour $ 15.00 $ 20.00 $ 35.00 7:00 a.m.to 3:00 p.m.-Tues through Thurs.User group must purchase room for minimum of 30-hour time block After 3:00pm,Friday,Sat and Sun,each time block must be a minimum of 2 hours in length. Request must be submitted to Customer Service Rep Plus applicable taxes Parking Permits 2007/2008 school year-August 9th thru November 30th $ 350.00 $ 350.00 $ 350.00 $ 350.00 $ 350.00 $ 350.00 2007/2008 school year-December 1st thru February 28th $ 175.00 $ 175.00 $ 175.00 $ 175.00 $ 175.00 $ 175.00 2007/2008 school year-March 1st thru June 10th $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 Racquetball Free with membership(Per Person) $ 5.00 $ 5.00 Per Hour Mill Swimming Pool(capacity 268) Prime time-6 a.m.to 5 p.m.Monday thru Saturday/noon to 5 p.m.on Sunday; $ 61.00 $ 61.00 $ 61.00 Per Hour $ 61.00 $ 61.00 $ 61.00 Non-prime time-5 p.m.to 9 p.m.Monday thru Sunday $ 51.00 $ 51.00 $ 51.00 Per Hour $ 51.00 $ 51.00 $ 51.00 Discounted rate-9 p.m.to 11 p.m.Monday thru Sunday plus cost of lifeguards at$14/how $ 46.00 $ 46.00 $ 46.00 Per Hour $ 46.00 $ 46.00 $ 46.00 Wallyball Members no charge.Non-member is$5.00/hour per person $ 22.50 $ 22.50 $ 22.50 Max per hour $ 22.50 $ 22.50 $ 22.50 Gymnasium(whole) :0.00 $ 50.00 $ 65.00 Per Hour_ Gymnasium(half) 25.00 $ 35.00 $ 50.00 Per Hour OAK POINT POOL ** Lifeguards must be added as follows at the rate of$14.00 an hour; small slide pool rental only-minimum 3 lifeguards, large pool rental only-minimum of 2 lifeguards,rental of entire pool facility-minimum of 5 lifeguarth ** Additional lifeguards will be determined by management depending on group size and age ** Sunday rentals require an additional$31.50 an hour maintenance fee for the rental of 6 lanes of the pool For Sunday rental of the entire pool,an additional$55.00 an hour is required Oak Point Pool Rental Prime time:6 a.m.-5 p.m.,Monday-Saturday;and noon-5 p.m.Sunday $ 61.00 $ 61.00 $ 61.00 Per Hour $ 61.00 $ 61.00 $ 61.00 Non-prime time:5 p.m.-9 p.m.,Monday-Sunday $ 51.00 $ 51.00 $ 51.00 Per Hour $ 51.00 $ 51.00 $ 51.00 Discount rate:9 p.m.-11 p.m.,Monday-Sunday $ 46.00 $ 46.00 $ 46.00 Per Hour $ 46.00 $ 46.00 $ 46.00 2009 Proposed Fee Resolution - Facilities Group 1 Group 2 Group 3 Facility Facility Information Fee 2008-1 2008-2 2008-3 Group 1 Group 2 Group 3 PARK FACILITIES RENTAL ** All parks free to Eden Prairie Non-Profit Service Organization Group: **All groups of over 100 will be charged full date rate ** All parks REQUIRE a$200 deposit ** Eden Prairie School District Programs charged only direct cost for all parks ** No private group of over 300 will be allowed to reserve facilities at any park.(Maximum number at Staring Park will be 150., Crestwood Park Building Full Day-Maximum capacity varies $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 Homeward Hills Barn 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 Miller Park Building Full Day-Maximum capacity varies $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 Nesbitt Park Building Full Day-Maximum capacity varies $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 Outdoor Center Per hour-2 hour minimum-Maximum capacity varies $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 Purgatory Creek Park Pavilion 1/2 Day-Maximum capacity varies $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 Full Day-Maximum capacity varies $ 195.00 $ 195.00 $ 195.00 $ 195.00 $ 195.00 $ 195.00 Riley Lake Park Pavilion 1/2 Day-Maximum capacity varies $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 Full Day-Maximum capacity varies $ 195.00 $ 195.00 $ 195.00 $ 195.00 $ 195.00 $ 195.00 Riley-Jacques Barn Per hour-2 hour minimum-Maximum capacity varies $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 Round Lake Park Building 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 Round Lake Pavilion 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 Staring Lake Park Amphitheatre Per hour-2 hour minimum-Maximum capacity varies $ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00 Audio Technician Sound Tech&Sound Equipment-2 hour minimum $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 $ 35.00 Staring Lake Park Building 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 $ 110.00 Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 Warming Houses-2 hour minimum Supervision required-2 hour minimum $ 15.00 $ 15.00 $ 15.00 Per hour $ 15.00 $ 15.00 $ 15.00 2009 Proposed Fee Resolution - Facilities Group 1 Group 2 Group 3 Facility Facility Information Fee 2008-1 2008-2 2008-3 Group 1 Group 2 Group 3 December 15-March 1 SENIOR CENTER RENTAL Senior Center Community Room Only Maximum capacity approx.90 theatre style,50 table seating with use of pool table and piano $ 25.00 $ 30.00 $ 30.00 Per hour $ 25.00 $ 30.00 $ 30.00 Plus applicable taxes Senior Center Community Room Including kitchen and lounge-plus applicable taxes $ 35.00 $ 40.00 $ 40.00 Per hour $ 35.00 $ 40.00 $ 40.00 Senior Center Kitchen Approx.15 people with use of appliances-plus applicable taxes $ 15.00 $ 20.00 $ 20.00 Per hour $ 15.00 $ 20.00 $ 20.00 Senior Center Lounge Approx.20 with use of big screen TV plus VCR/DVD-plus applicable taxes $ 15.00 $ 20.00 $ 20.00 Per hour $ 15.00 $ 20.00 $ 20.00 Senior Center Room 201 Approx.40 people theater style,25 to 30 table seating-plus applicable taxes $ 20.00 $ 25.00 $ 25.00 Per hour $ 20.00 $ 25.00 $ 25.00 Senior Center Room 203 Approx.25 people theater style,15 to 20 table seating-plus applicable taxes $ 15.00 $ 20.00 $ 20.00 Per hour $ 15.00 $ 20.00 $ 20.00 Senior Center Room 209 Approx.10 to 15-plus applicable taxes $ 10.00 $ 15.00 $ 15.00 Per hour $ 10.00 $ 15.00 $ 15.00 CITY COUNCIL AGENDA DATE: SECTION: Report of the Park and Recreation Director July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.3. ' Stuart Fox, Parks and Natural Veterans Memorial Phase II Improvement Resources Manager Bids Requested Action Move to: Award the bid for construction of Phase II of the Veterans Memorial Project to Blackstone Contractors in the amount of$ 138,671.52. Synopsis The City of Eden Prairie advertised for the construction of Phase II of the Veterans Memorial Project at Purgatory Creek Park. Plans and specifications were prepared utilizing SRF Consulting Group and the City received four bids from prospective contractors. The scope of the work includes site work, concrete work, Terra Pavers, installation of granite pavement, sculpture bases, and lighting. The funding for this construction project comes from the donations raised by the Eden Prairie Veterans Task Force and a $100,000 grant from the State of Minnesota. The summary of the Veterans Memorial Phase II bids is as follows: Bidder Bid Amount 1. American Liberty Construction $ 139,699.43 2. Blackstone Contractors $ 138,671.52 3. Sunram Construction $ 237,770.54 4. Bollig & Sons $ 0.00 The consultant's estimate for the project is $130,000. Recommendation Each of the submitters has met the guidelines as detailed in the bid specifications and staff recommends the bid award go to Blackstone Contractors in the amount of$ 138,871.52. The timetable laid out in the bid package is for the construction to start at the in August and be complete by October 31, 2008. CITY COUNCIL AGENDA DATE: SECTION Director of Public Works Report July 15, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.2. Eugene A. Dietz Town Center Electrical Transmission Public Works/Engineering Line Requested Action Move to: Receive report from Black& Veatch regarding cost to underground and/or re- route the Xcel transmission line in the vicinity of Town Center. Synopsis I will provide a verbal report and description of the attached document from our consultant. Attachments • Black and Veatch Cost Estimate Report • Location map IV, Building aBLACK &��VEATCH of difference: City of Eden Prairie B&V Project 161935 Relocation of Existing 345kV Transmission Line B&V File No. 40.0000 Buried Route &Aerial Re-Route B&V Letter No. 002 June 26, 2008 Via Mail& Email Attn: Eugene A. Dietz Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Subject: Final Cost Estimate Report Dear Mr. Dietz, As requested by the City of Eden Prairie, Black&Veatch completed a Conceptual Estimate for the relocation of an existing double circuit 345kV overhead transmission line. The cost estimates were performed on two options: buried route and aerial route. Option 1 — Buried Route: 3,700 feet 345kV Double Circuit Underground Transmission Line Black&Veatch estimates that the complete engineering, procurement and construction of the underground lines would cost approximately$21.5 million. Minor changes in the route length (less than 500 feet)can be estimated by adjusting the total cost by$3,580 per foot of route length difference. Cable Sizing The required combined current capacity for both circuits was given as 3,928 amps (2,347 MVA). Each individual circuit is required to carry 1,964 amps (1,174 MVA). No requirement was given for operation of one circuit at a time or short term emergency loading. Preliminary cable ampacity calculations indicate that a cable with a 3500 kcmil segmental copper conductor can meet these requirements. These calculations are based on one common concrete duct bank for two underground cable circuits with two cables per phase for each circuit, a maximum cover of 11.5 feet over the concrete duct bank (15 feet bottom of trench), ambient soil temperature of 25°C, native soil thermal resistivity of 0.9°C-M/Watt, and daily load factor of 80 percent. These assumptions need to be verified during design. The variations of assumptions will affect the cable size. According to Tony Moore (612-330-6534)of Xcel Energy, a possible future re-rating of the existing overhead line to 2,314 amps (1,920 MVA) per circuit may be required to be taken into account in planning the project. The possibility of the future re-rating is now under internal evaluation by Xcel Energy. To achieve this rating, the circuits would have to be installed in two separated concrete duct banks, which requires a separation of approximately 20 feet to meet the loading requirement. This would double the cost of paving replacement for an additional $760,000 added to the construction price, before contingency or escalation. Basis of Estimate The estimate is based on the installation of a double circuit duct bank under city roads or parking lots for the entire length. A conceptual duct bank cross section is included as an Attachment. The estimate is 1 of 3 BLACK&VEATCH CORPORATION• 11401 Lamar Avenue Overland Park,KS 66211. 913-458-2000 Fax 913-458-2934 IV, Building aBLACK &��VEATCH of difference: based on construction in an urban/suburban area. The estimate is based on 2008 costs with no escalation for later construction. The duct bank is based on two 3 x 3 arrangements of nine (9) 6 inch Schedule 40 PVC conduits for each circuit. In each circuit, six (6) conduits will be used for 345kV power cable while three (3) more conduits are reserved as spares and for communication circuits. The conduits are separated with a 3 inch edge to edge spacing to diffuse heat and allow for the placement of concrete between the conduits. The two circuits are separated by an empty duct spacer to increase the line capacity. The conduits are encased in thermal concrete, which is a high density, low air entrainment concrete having a low thermal resistivity. Above the duct bank, a corrective backfill such as fluidized thermal backfill (FTB) is required to meet the cable ampacity. FTB is a low strength concrete mixture with a low thermal resistivity. Directly below the pavement a suitable road material such as crushed rock or coarse sand should be used to allow for drainage and expansion of the pavement. The estimate assumes pavement restoration will be for 10' wide panels. Right of Way, Easements When in public roads, a separation of 3 feet is suggested between the duct bank and all other crossing or parallel utilities. These separations should be increased for any utilities that generate heat. For the permanent easement outside of the public right of way, space needs to be maintained for the repair of possible cable faults. The widest portion of the installation, near the splicing vaults will be approximately 18 feet wide. Adding space for a truck alongside for possible maintenance requires a permanent easement of 30 feet wide. Construction easements will be based on the room required to set the splicing vaults. The splicing vaults will require excavations up to 26 feet wide. Adding space for a truck to either side of the excavation requires a construction easement of 55 to 60 feet wide. Separating the duct banks based on the possible future re-rating of the overhead line would increase both the permanent and construction easements by 15 to 20 feet. Option 2 —Aerial Re-Route: 6,200 Feet 345kV Double Circuit Overhead Transmission Line Black&Veatch estimates that the complete engineering, procurement and construction of the overhead line re-route would cost approximately$4.2 million. For this short project with mainly angled structures, this estimate breaks down to approximately$678 per foot. The following sections describe the basis for this estimate. Structure Type Single pole structures were used for this estimate due to right-of-way limitations. These double circuit 345kV monopole structures have shield wire and conductor arms, totaling eight (8) arms per structure. The estimate assumes six(6)total structures, two (2)tangent structures, three (3) medium angle deadend structures, and one (1) large angle deadend structure. Tangent structures are assumed to be (- string configuration, and deadend structures are deadended and jumpered on arms. All structures are assumed to be installed on drilled pier foundations. Two (2) 795 ACSR"Drake" conductors were used per phase. A maximum span of 1,105 feet was assumed. The starting and ending cut-in structures are planed to be reused in this estimate. Reuse of the north structure will likely require some rework of vangs or pole bands. 2 of 3 BLACK&VEATCH CORPORATION• 11401 Lamar Avenue Overland Park,KS 66211. 913-458-2000 Fax 913-458-2934 BLACK &��VEATCH Building a of difference". Clarification of Estimate The estimate is based on the installation of double circuit steel poles on drilled pier foundations. The estimate does not include major access or restoration costs, as access is assumed to be available from nearby roads and existing rights-of-way. The reroute estimate assumes adequate right-of-way clearance exists along the "Proposed Powerline Reroute" provided by the City of Eden Prairie. Due to limited information, considerations have not been added for utility conflicts, right-of-way conflicts, marshalling yards, unusual soil conditions, or land costs. No costs have been included for the removal of the existing structures, foundations, and wires between the new reroute alignment. Summary In summary, Black &Veatch completed two high level cost estimates based on the preliminary conceptual engineering design. The engineering, procurement, and construction cost was approximately 21.5 million for 3,700 feet buried route, and 4.2 million for 6,200 feet aerial reroute. The estimates were based on 2008 dollar value and included 10 percent contingency for construction, engineering design, and construction management. No right-of-way and land acquisition, traffic control and relocation of other utilities during construction were included in the estimates. If you have any questions regarding this cost estimate report, feel free to contact me at(913)458-7930. Thank you for giving Black &Veatch the opportunity to work with you on this project. ery t urs, Black &Veatch Corporation Forest Rong Project Engineer Attachment cc: Mr. Chad Hill, B&V Mr. Tom Bozeman, B&V 3 of 3 BLACK&VEATCH CORPORATION• 11401 Lamar Avenue•Overland Park,KS 66211 .913-458-2000•Fax 913-458-2934 RED WITH BLACK LETTERING COMPACTED ROAD BASE WARNING MARKING TAPE (SEE NOTE 11) (SEE NOTE 12) PAVEMENT 7 (SEE NOTE 8) o to --—-—-—-—-—-—. _ - — —_—_—_—_— - SELECTED BACKFILL .— _—_—_ _.—..—..—.._..—.._- _ (SEE NOTE3) z ______________ __________________ THERMAL DUCT BANK 5(n —..—..—..—..—..—..—..-..—..—..—..—..—..—.. '..—..— CONCRETE �w ..•_..•—..•_..•—..•_..•—..—.. ..—.._..—.._..—.. ..—.._. (SEE NOTE 2) I '. NON—BONDING AGENT TO M ';` BE INSTALLED BETWEEN ` ' ENCASEMENT A BACKFILL m„� (� ': ..'::.' y SEE NOTE 10) ND n 8" SCH 40 PVC CONDUIT — O q a O O ° (SEE 8) PLC) .. (SEE NOTE 4) �C�� D�....� ,C.. . `a ° "'. l>"4-4 Dr'. CONDUIT SPACER 0 5 FEET r+ — - SPACING TYP. — NI / 'N000e- -\\.>"•.1 wee' -\'''.3.1mre- -\••>'•moe' . -\'"'N=o,'"<,/- O0 OOP 8" 11 7/8" 11 7/8" 11 7/8" 11 7/8" 11 7/8" 11 7/8" 8" t `o 7'-3 1/4" n _ _ POWER CABLE DUCT BANK UNDER PAVEMENT DETAIL A NOTES: SCALE: 1/2"=1'—O" 1. ALL DUCTBANK DIMENSIONS ARE MINIMUMS. 2. THERMAL CONCRETE FOR DUCT BANK ENCASEMENT SHALL MEET PROJECT SPECIFICATIONS. MIX DESIGN SHALL BE TESTED AND APPROVED PRIOR TO INSTALLATION. 3. BACKFILL FOR DUCTBANK SHALL BE THERMALLY ACCEPTABLE. FLOWABLE THERMAL BACKFILL (FTB), SELECTED GRANULAR FILL AND NATIVE SOIL ARE POSSIBLE BACKFILL MATERIALS. ALL BACKFILL MATERIALS SHALL BE APPROVED BEFORE INSTALLATION. ALL BACKFILL SHALL BE INSTALLED IN ACCORDANCE WITH THE SPECIFICATIONS. 4. CONDUIT SHALL BE RESTRAINED TO PREVENT FLOATING DURING ENCASEMENT. ONLY NON—METALLIC RESTRAINTS SHALL BE USED. 5. CONDUIT SPACERS SHALL BE ANCHORED BY MEANS OF REBAR STAKES OR ACCEPTABLE EQUAL. 7. ALL REINFORCING SHALL BE AT LEAST 2—INCHES FROM PVC CONDUITS, FITTINGS AND ANCHORS, AND SHALL HAVE 3—INCHES MINIMUM CONCRETE COVER. 8. WHEN DUCT BANK IS LOCATED WITHIN CITY STREETS PAVEMENT SHALL BE RESTORED TO CITY SPECIFICATIONS. 9. ALL CONDUIT SHALL BE SEALED AT THE END OF EACH WORKING DAY. 10. NON—BONDING AGENT TO BE INSTALLED BETWEEN ENCASEMENT CONCRETE AND FTB. NON—BONDING AGENT TO BE PLASTIC SHEETING OR ACCEPTABLE EQUAL. NON—BONDING AGENT IS NOT REQUIRED BETWEEN ENCASEMENT CONCRETE AND GRANULAR OR NATIVE BACKFILL. 11. COMPACTED ROAD BASE SUCH AS CRUSHED ROCK SHALL BE USED UNDER ALL PAVEMENT. ROAD BASE MATERIALS SHALL BE ACCEPTABLE TO THE CITY AND INSTALLED IN AN APPROVED MANNER. 12. CONTRACTOR TO INSTALL WARNING MARKING TAPE ABOVE THE DUCTBANK 12 TO 18 INCHES BELOW GRADE. 13. 3" EDGE TO EDGE SPACING SHALL BE MAINTAINED BETWEEN 8" CONDUITS AT ALL LOCATIONS. 121 BLACK & VEATCH ®CONSTRUCTION, INC. ENGINEER JRB 'DRAWN KDU CHECKED JRB DATE 05/29/2008 NO DATE REVISIONS AND RECORD OF ISSUE DRN DES CHK PDE APP PROJECT DRAWING NUMBER REV EDEN PARIE CODE TRANSMISSION RELOCATION ESTIMATE AREA SK-DBK-052808 -_ .; s. N:.-- . _ ;Ifs .:r -:t. � . . •ice'. f: r; :r -.7, am.u•,..::: i,.. i '' • •h N, AAA- I: '.--ii ^. - - • - _ :,< 1.4,t• r• .:N,:'r Fy'• da• _ .- „� F1. _ t_.1 7ti, r - iiA' .. ._ _ ,}.. ' - _ °F 359FT.L! , .':: `_ ; : '. [ •,�i .�.',' !v.. • ,.... . i: 1..- s r��' .t *� .��F.• �'_ •"'AFC} R... r- • e-. • - ICI '�' �' � . \ ,.,.. ,..--- :_.___,-,,,,,,,, .. _ iii , ' - 4 t -.- 1 -2-:, ,;III I/L'i7.- i: i .r-L.IT:...: , !L, i . . F 141V,f'''i e\ ....7..A . 4...''',1r '' -.....1 L 1 . : ' . 17 ''! 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PROPOSED POWERLINE REROUTE IIIit EDEN North PRAIRIE Scale: =200' AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, JULY 15, 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 FEBRUARY 12, 2008 III. PUBLIC HEARING ON REDEVELOPMENT PROJECT AREA NO. 5 AND TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 15 IV. ADJOURNMENT ITEM NO.: HRA II. UNAPPROVED MINUTES 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 ROLL CALL/CALL THE MEETING TO ORDER Chair Young called the meeting to order at 8:20 PM. II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 18, 2007 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the HRA meeting held on December 18, 2007 as published. Motion carried 5-0. III. PUBLIC HEARING ON SALE OF LOT 1 BLOCK 1 AND OUTLOT C— COLUMBINE ADDITION TO PRESBYTERIAN HOMES HOUSING & ASSISTED LIVING (Resolution HRA 2008-01) Neal said official notice of this public hearing was published in the January 31, 2008,Eden Prairie News. This is a public hearing to consider the sale of 4.8 acres owned by the City of Eden Prairie to Presbyterian Homes Housing and Assisted Living. City Attorney Rosow said earlier this evening as part of the City Council meeting the City approved transferring the property to the HRA. The purpose of that approval is that this property was acquired from the State of Minnesota as tax-forfeited property. The City engineering staff worked hard to acquire the property under special legislation. The City is allowed to use the property for a variety of uses. The deed that came from the State identified those uses, and said it could be used for private development. In order for the HRA to sell property, it needs to hold a public hearing on the sale of the property. The Planning Commission held a public hearing on this matter earlier. The State of Minnesota says if the property is not used for the purposes identified in the deed, it could revert to the State. The purchaser has required that we go through the formal process of holding the public hearing so that we fully comply with Chapter 469 and,upon the sale when the documents are filed, the property will no longer be subject to reversion to the State. The procedure requires that the property is subject to certain terms and conditions which are essentially those adopted by the City Council as part of the redevelopment of the property by Presbyterian homes. Young asked if we will get a check if we do this. Rosow said we will receive a check for $3,000,000 less fees. HRA MINUTES February 12,2008 Page 2 There were no comments from the audience. MOTION: Duckstad moved, seconded by Butcher, to close the public hearing and to adopt Resolution HRA 2008-01 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. Motion carried 5-0. V. ADJOURNMENT MOTION: Butcher moved, seconded by Duckstad, to adjourn the HRA. Motion carried 5-0. Chair Young adjourned the meeting at 8:30 PM. HRA AGENDA DATE: July 15, 2008 SECTION: Public Hearing DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: HRA III. Community Development Amendment to Tax Increment Financing Janet Jeremiah (TIF) District#15 — Summit Place Senior David Lindahl Housing Requested Action: Move to: • Adopt a Resolution relating to Redevelopment Project Area No. 5 and Tax Increment Financing (Redevelopment) District No.15; and approving a Tax Increment Financing Plan. Synopsis: Silvercrest Properties,owners of the Summit Place Senior Apartments,is proposing to complete the last phase of their development with an 80-unit addition to their existing 265 unit project located on Flying Cloud Drive and Fountain Place Drive.This project is within a Tax Increment District established in 1999 for the purpose of providing affordable rents on 20 percent of the units. An additional 80-units will require that another 16 units be affordable to maintain TIF eligibility. All 16 affordable units will be located in the existing project area as independent units,versus assisted living or memory care units,which have a variety of medical,food,and other services bundled into the rents. The existing TIF plan and budget will be amended to include the additional 16 units and Tax Increment generated from the value of the new building addition. Background: Summit Place is a 12 acre senior campus with a total of 345 units planned for the site.Phase I was completed in 2002 and includes 10 town house units and a 255 unit apartment building with a mix of assisted living and independent units. Phase II, which received approval from the City Council 1999, will be an addition to the existing 265 unit apartment building and will include 80 units of assisted living and memory care units. The existing project has 170 independent units, 63 assisted living, and 32 memory care units. Attachments: Resolution TIF Plan HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING THE AMENDMENT TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 15. BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), as follows: Section 1. Recitals. 1.01. On December 17, 1996, the City, pursuant to Minnesota Statutes section 469.001 to 469.047, as amended, approved a redevelopment plan, as defined in Minnesota Statutes Section 469.002, subdivision 16, designated as the Project Plan (the "Project Plan") for redevelopment Project No. 5 (the "Project Area") and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes Section 469.002, Subdivision 14 (the "Redevelopment Project"). 1.02. Pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes Sections 469.174 to 469.179, as amended (the "Act"), the Eden Prairie City Council (the "Council") established Tax Increment Financing District No. 15 (the "District") and adopted a Tax Increment Financing Plan therefor (the "Original TIF Plan") on July 20, 1999. The District comprises one tax parcel within the Redevelopment Project. The Amendment to Tax Increment Financing Plan for Tax Increment Financing ("Qualified Housing"), District No. 15 (Eden Shores Senior Housing Campus, Phase II Expansion) (the "Amended TIF Plan") is now before this Authority for approval and application to the Council for approval. The Amended TIF Plan has been prepared in accordance with the Project Plan and is the proposed method for financing certain public redevelopment costs of redevelopment activities more fully set forth in the Amended TIF Plan. 1.03. Members of the board of County Commissioners of Hennepin County and of the Board of Education of Independent School District No. 272 have been given an opportunity to meet with the City and comment on the Amended TIF Plan. Pursuant to Minnesota Statutes Section 469.175, Subdivisions 3 and 4, the Council on July 15, 2008, conducted a public hearing on the desirability of approving the Amended TIF Plan. Notice of the public hearing was duly published as required by law in the Eden Prairie News, the official newspaper of the City, on July 3, 2008. The City has not received written comments on the Amended TIF Plan from the county and the school district after providing the county and the school district boards with information on the fiscal and economic implications of the Amended TIF Plan not less than 30 days before the date of the public hearing. 1.04. In addition to the notice and opportunity described in Section 1.03, as required by Minnesota Statutes Section 469.175, Subdivision 2a, the City, not less than 30 days before the publication of the notice of public hearing referred to in Section 1.03 delivered written notice to the members of the Board of County Commissioners of Hennepin County who represent the District. The notice contained a general description of the boundaries of the District, the proposed development activities to be undertaken therein, an offer by representatives of the City to meet and discuss the proposed District with county commissioner and solicitation of the commissioner's comments with respect to the District. 2. Approval of Amended TIF Plan. On the basis of the Amended TIF Plan and the information elicited at the public hearing referred to in Section 1.03, it is hereby found, determined and declared: 2.01 This Authority hereby finds that the District is a Qualified Housing District. 2.02 This Authority hereby finds that the private redevelopment proposed to be encouraged in the Redevelopment Project pursuant to the Amended TIF Plan would not, in the opinion of this Authority, occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is deemed necessary. Without tax increment financing of the costs of redevelopment activities generally described by the Project Plan which increases the financial feasibility of the proposed redevelopment, private investment would not develop the District within the reasonably foreseeable future. 2.03 This Authority hereby finds that the Amended TIF Plan conforms to the general plan for the development of the City as a whole. The development is compatible with the City's zoning ordinances and other related regulations and encourages efficient use of existing infrastructure as set forth in the City's Land Use Plan. 2.04 This Authority hereby finds that the Amended TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the District by private enterprise. The redevelopment activities contemplated in the Amended TIF Plan would help to retard blight in the Redevelopment Project and provide an increase in low and moderate income housing opportunities in the City and enhance the tax base of the City. 2.05 As required by Section 49.176, Subdivision 4d, it is expected that all of the tax increment to be derived from the District will be used to finance costs of the low and moderate income housing project, including the cost of public improvements directly related thereto and allowable administration expenses of the Redevelopment Project. 2.06 Upon review of the Amended TIF Plan, the information elicited at the public hearing and on the basis of the findings in Sections 2.01 to 2.05, this Authority hereby approves the Amended TIF Plan and applies to the Council for its approval. 2.07 The Authority further finds, declares and determines that the Authority made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 2 Section 3. Additional Approvals. 3.01 The Amended TIF Plan, as presented to the council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Finance Manager. 3.02 The Finance Manager is further authorized and directed to file a copy of the Amended TIF Plan with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes section 469.175, Subd. 4a. 3.03 It is contemplated the public financial contribution contemplated in the Amended TIF Plan, including but not limited to tax increment financing may be secured by way of a mortgage on the property in the District. It is further contemplated that the developer will obtain construction and/or permanent financing and that it will be necessary for any security granted to the City and/or Authority to be subordinated to that of the developer's lender. The Approval hereby given to the Amended TIF Plan includes approval and the execution by the appropriate officers of the City of such additional documents necessary to acquire a secured interest in the property and to subordinate such interest, including a contingent assignment of any agreements regarding tax increment financing between the developer and the City and/or Authority, to the lien of the developer's construction and/or permanent financing. The Mayor and City Manager are authorized and directed to prepare and furnish certified copies of all proceedings and records of the City relating to this transaction and such other affidavits and certificates as may be required to show the facts related thereto as such facts appear on the books and records in the officers' custody and control or as otherwise known to them; all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City's counsel and the officials authorized herein to execute said documents prior to their execution; and said officials are hereby authorized to approve said changes on behalf of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. Passed by the Board of Commissioners of the Authority this 15th day of July, 2008. By: Chairman Attest: Executive Director 3 Exhibit A RESOLUTION NO. 2008- The reasons and facts supporting the findings for the Amendment of Tax Increment Financing Plan for Tax Increment Financing District No. 15 ("Amended TIF Plan"), as required pursuant to Minnesota Statutes, Section 469.175, Subdivisions 3 and 4 are as set forth below. The studies and analyses supporting these findings are also identified and fully set forth in the Amended TIF Plan. 1. Finding that TIF District No. 15 District is a Qualified Housing District. This Authority hereby finds that the District is a geographic area within a "project" as defined in Minnesota Statutes Section 469.174, Subdivision 8, and is a proper tax increment financing district within the meaning of Section 469.174, Subdivision 9. This Authority further finds, based on the information in the Original TIF Plan, the Amended TIF Plan, and representations of the developer, that the District consists of a project intended for occupancy, in part, by persons or families of low and moderate income, as defined in Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1937, as amended, or similar federal legislation and the regulations promulgated thereunder. As evidence thereof, the developer represents that the project qualifies for the low-income housing tax credit under Section 42 of the Internal Review Code of 1986, as amended. In 2001, 265 units were developed in the District. In accordance with the applicable state requirements for qualified housing districts, at the time of District creation, it was determined that 20% of the total units created would not be subject to the low and moderate income requirements. This reduced the number of units subject to the requirements to 212 units, of which 20% of these units (43 units) are required to be occupied by individuals at or below 50% of the area median income, and have monthly rents of no more than 30% of maximum monthly gross income. The new project to be constructed in the District consists of an 80 unit memory care facility and no commercial or other uses are contemplated therein. 20% of the 80 units to be constructed, or 16 units, shall be made to be affordable in Phase I of the development. The District currently qualifies as a "housing district" and is maintaining affordability of 43 units. The District will continue to qualify as a"housing district"when the additional 16 units are made affordable. Therefore, the District qualifies as a "housing district" within the meaning of Minnesota Statutes Section 469.174, Subdivision 11. The income limitations of Section 469.1761 of the Act are applicable to tenants in the project, because the District is not located in a targeted area as defined in Minnesota Statutes Section 462C.02, Subdivision 9, Clause (e). 2. Finding that the proposed development, in the opinion of the Authority, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The developer has represented to the Authority and the City that the proposed development would not be feasible without assistance through tax increment financing. Further, the developer 4 represents that it will not move forward with the development without tax increment financing support. The existing improvements on the property were constructed by the developer through tax increment financing. Construction of the current improvements on the property began in 1999. The construction was carried out only after the City agreed to provide tax increment financing support. Prior to that, the property was not developed through private investment. Since the development of the current improvements, the vacant portion of the property has remained undeveloped. The Authority does not expect the vacant portion of the property to be developed through private investment within the reasonably foreseeable future. 3. Finding that the Amended TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The City's Comprehensive Guide Plan ("Guide Plan") currently guides the property as high density residential. High density residential calls for 10 to 40 residential units per acre. The Guide Plan calls for the development of housing units for seniors appropriate for the physical and mental changes they experience. The Guide Plan also encourages housing that will permit seniors to live independently and affordably. The proposed development is a high density residential development that will comply with the City's Guide Plan and general goals for providing safe and affordable housing for its citizens. 4. Finding that the Amended TIF Plan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. The development will provide many benefits to the City. The benefits will include an increase in safe and affordable housing for the City's elderly citizens, an increase in the number of jobs available to City residents, and the development of currently underdeveloped land thus increasing the City's tax base. Further, the development will result in an overall increase in the general health, safety and welfare of the citizens of the City. By providing tax increment financing support, the City will enable private enterprise to develop the property thus providing these benefits to the City. 5 City of Eden Prairie, Ni nnesota Eden Prairie Housing and Redevelopment Authority Amendment to Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 15 (Eden Shores Senior Housing Campus Phase Two Expansion) Dated: July 2, 2008(DRAFT) Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, NV 55101-2887 (651)223-3000 Purpose of Amendment to the Tax Increment Financing Plan The purpose of the proposed TIF Plan Amendment is to increase the budget to indude the construction of Phase MAD an 80-unit memory care expansion to the Eden Shores Senior Housing Campus within 11F District No. 15. Additional tax increment revenue will be generated from a new addition to the campus,and additional revenue will be utilized to assist the developer with necessary site improvements. Phase One resulted in the creation of 265 total rental units. Based on the 11F Statute at the time of District creation it was determined that while the entire project was constructed for housing purposes, up to 20%of the total fair market value of project would not be subject to low and moderate income housing requirements. OF the total 265 units, 53 units(20%)were not subject to the qualifications, rneaning that 20%(43 units)of the remaining 212 units had to be reserved for people of low and rruderate income. The total number of affordable housing units created by the first phase was 43 units. Phase Two will result in the creation of 80-units of memory care,and based on based upon todays legislation,20%of these units are required to be for people of low and moderate incomes. Therefore, additional affordable housing units will be created to off-set the expansion,with 100%of this expansion being subject to the qualifications of a 11 F Housing District. As a result of the creation of 80-additional rr erriory care units, new affordable units will have to be created at a rate equal to 20%(16 units)of the total expansion. The purpose of this Ar r endrrent is to modify the approved budget to allow 11 F to be used to subsidize the new affordable units(16)and to subsidize the current units(43)for an additional 10-years through the remaining term of the District. This amendment does not modify any other aspects of the original 11F Plan or previous modifications. TABLE OF CONTENTS Section Page(s) Definitions 1 Designation of Tax Increment Financing District as a Housing District 1 Duration of the 11F District 2 Specific Development Expected to Occur VMthin the 11F District 2 Findings and Need for Tax Increment Financing 2 Estimated Public Costs 3 Estimated Sources of Revenue 4 Estimated Amount of Bonded Indebtedness 4 Projected Retained Captured Net Tax Capacity and Projected Tax Increment 4 Use of Tax Increment 4 Tax Increment Pooling and the Ave Year Rule.......... . 5 [irritation on Administrative Expenses 6 Estimated Impact on Other Taxing Jurisdictions 6 Development Agreements 7 Assessment Agreements 7 Modifications of the Tax Increment Financing Plan 7 Administration of the Tax Increment Financing Plan 8 Financial Reporting and Disclosure Requirements 8 Original Tax Increment Plan and Previous Amendments 8 Map of Phase Two in Tax Increment Financing District No. 15 EXHIBIT I Phase Two Assumptions Report EXHI BIT I I Phase Tvw Projected Tax Increment Report EXHIBIT III Phase Two Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT IV Phase Two Market Value Analysis Report EXHIBIT V - ii - City of Eden Prairie, Minnesota Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority'means the Eden Prairie Housing and Redevelopment Authority. "City'means the City of Eden Prairie, Mnnesota;also referred to as a"Municipality'. "City Council"means the City Council of the City;also referred to as the"Governing Body'. "County'means Hennepin County, Minnesota. "Redevelopment Project" means Redevelopment Project No.5 in the City, which is described in the corresponding Redevelopment Plan. "Redevelopment Plan"means the Redevelopment Plan for the Redevelopment Project. "Project Area means the geographic area of the Redevelopment Project. "School District"means Independent School District No. 272, Minnesota. "State"means the State of Mnnesota. "11F Act"means Mnnesota Statutes,Sections 469.174 through 469.179, both indusive. "TIF District means Tax Increment Financing(Housing)District No. 15. "TIF Plan"means the tax increment finandng plan for the T1F District(this document). Designation of Tax Increment Financing District as a Housing District Housing districts are a type of tax increment financing district which consists of a project intended for occupancy, in part, by persons or families of low and moderate income. Low and roderate income is defined in federal, state, and municipal legislation. A project does not qualify if the fair market value of the improvements, constructed for uscs other than low and moderate income housing are more than 20%of the total fair market value of all the planned irprovements. The fair market value of the improvements may be determined using the cost of construction, capitalized incorre,or any other appropriate method of estimating marketing value. In addition, housing districts are subject to various incorre limitations and requirements for residential property. For owner occupied residential property, 95%of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the incorre requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue Code. For residential rental property, the property must satisfy the incorre requirements for a qualified residential rental project as defined in section 142(d)of the Internal Revenue Code. Phase One of the TIF District qualified as a housing district in that it met all of the criteria listed above in that at least 80%of the improvements in the 11F District were for low and moderate income housing purposes. (Able the entire phase one of the project was constructed for housing purposcs, up to 20%of the total fair market value of the project was not subject to low and moderate income housing requirements as per the interpretation of 11F Statute at the time of District creation.) Phase Two of the TIF District will also meet the qualifications of a housing district in that it►ryeets all of the criteria listed above, in that additional affordable units will be created equal to 20%(16 units)of the total 80 unit memory-care addition. In addition,the 11F District meets the requirements for a"qualified housing district"in that all of the low and moderate income housing units meet all of the requirements for the low income housing tax credit SPRINGSTED Page 1 City of Eden Prairie, Minnesota (whether such credits are received or not) under Section 42 of the Internal Revenue Code of 1986, as amended through Decerrber 31, 1992. Tax increments derived from a housing district must be used solely to finance the cost of housing projects as defined above. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the Authority may be induded in the cost of a housing project. Duration of the 11F District Housing districts may remain in existence 25 years from the date of receipt of the first tax increment. Modifications of this plan shall not extend these limitations. The Oty rccrves the right to allow the llF District to remain in existence the maximum duration allowed by law. If the District is in existence the maximum duration it will be through the year 2026, based on the receipt of first increment in 2001. Al tax increments from taxes payable in the year the liF District is decertified shall be paid to the City. Specific Development Expected to Occur Within the 11F District SilverCrest Properties LLC originally proposed to build a 345-unit senior residential campus at the intersection of U.S. Highway 69 and Fountain Place in Eden Prairie, with the development to occur in two phases. Phase Cne, which started construction in 1999 and generated the first receipt of increment in 2001 consists of 265 units: 10 townhomes, 160 independent living units, 63 assisted living units and 32 memory care units. In accordance with the applicable state requirements for qualified housing districts, at the time of District creation, it was determined that 20%of the total units created would not be subject to the low and moderate income requirements. This reduced the number of units subject to the requirements to 212 units, of which 20%of these units(43 units)are required to be occupied by individuals at or below 50%of the area median income, and have monthly rents of no more than 30%of maximum monthly gross income. Currently proposed for construction in Phase Two is the addition of an 80-unit memory care building. In response to the expansion, an additional 16 independent living units will be reserved for persons of low and moderate income, ensuring that additional affordable housing units equal to 20%of the expansion will be created and occupied by individuals at or below 50%of the area median income, and have monthly rents no more than 30%of the maximum monthly gross income, in accordance with more recent clarifications of the state requirements for qualified housing 11F districts. The 80-unit expansion is expected to be constructed in 2008 and 2009, and be 100%assessed and on the tax rdls as of January 2,2010 for taxes payable in 2011. At the time this document was prepared there were no signed construction contracts with regards to the above described Phase Two development. Findings and Need for Tax Increment Financing In modifying the 11F District to add Phase Two,the Oty makes the following findings: (1) The 11F District qualifies as a qualified housing district; (2) The proposed development, in the opinion of the Authority, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed SPRINGSTED Page 2 City of Eden Prairie, Minnesota development after subtracting the prcscnt value of the projected tax increments for the maximum duration of the ll F District permitted by the ll F Ran; The reasons and facts supporting this finding are that the developer has reprcscnted to the Authority that it would not undertake the proposed development without the assistance of tax increment financing. SilverCrest will construct an 80-unit memory care building on the site, and due to the high cost of creating affordable housing the expansion would not likely occur but-for the use of tax increment. A comparative analysis of estimated market values both with and without establishment of the 1lF District and the use of tax increments has been performed as described above and is shown in Exhibit V. This analysis indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estirrbated market value of the site absent the establishment of the 11F District and the use of tax increments. (3) The llF Ran conforms to the general plan for development or redevelopment of the Oty as a whole;and The reasons and facts supporting this finding are that the llF District is properly zoned, and the llF Ran has been approved by the Oty Panning Commission and will generally complement and serve to implement policies adopted in the Catys corrprehensive plan. (4) The 11F Ran will afford maximum opportunity, consistent with the sound needs of the City as a whole,for the development of the Project Area by private enterprise. The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. Estimated Public Costs The estimated public costs of Phase Two in 11F District No. 15 are listed below. Such costs are eligible for reimbursement from tax increments of the l]F District. Original Budget Administrative Amendment July 20, 1999 '4rr rrt July 15,2008 April 1 1717,2007 Land/building acquisition $3,627,689 $3,652,495 $3,652,495 Ste improverrents✓preparation ousts, installation of public utilities, parking facilities,and other 997,311 1,030,191 12,438,627 eligible costs Bond interest payments 0 0 0 Loan principal payments 0 0 0 Loan/note interest payments 0 0 0 Administrative expenses 462,500 50,875 140,875 Capitalized interest 0 0 0 Other(eligible 11F pooling activities) 0 353,939 2,214,808 Subtotal $5,087,500 $5,087,500 $18,446,805 Transfers out 0 0 0 Total $5,087,500 $5,087,500 $184/16,805 SPRINGSTED Page 3 City of Eden Prairie, Minnesota The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items,so long as the total estimated public cost is not increased. Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as- you-go technique. As tax increments are collected from the TTF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred(see Estimated Public Costs). Original Budget Administrative ment Amendment March 20,2001 April 7171 July 15,2008 Tax increrrent revenue $5,087,500 $5,087,500 $18/1/16,805 Interest on invested funds 0 0 0 Bond proceeds 0 0 0 Loan proceeds 0 0 0 Real estate sales 0 0 0 Special assessments 0 0 0 Rent/lease revenue 0 0 0 Grants 0 0 0 Other 0 0 0 Subtotal $5,087,500 $5,087,500 $18,1/16,805 Transfers in 0 0 0 Total $5,087,500 $5,087,500 $18,/1/16,805 The Authority reserves the right to finance any or all public costs of the TTF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs induding, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Estimated Amount of Bonded Indebtedness The Authority does not antidpate issuing tax increrrent bonds to finance the estimated public costs of the liF District. Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TTF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the ll F District. The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount. It is the Authoritys intention to retain 100%of the captured net tax capadty of the TTF District. Such amount shall be known as the retained captured net tax capacity of the liF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this liF Plan Amendment specific to Phase Two, and Exhibit III shows the projected tax increment generated for Phase Two over the remaining life of the TTF District. Use of Tax Increment ® SPRINGSTED Page 4 City of Eden Prairie, Minnesota Each year the County Treasurer shall deduct 0.36%of the annual tax increment generated by the l]F District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the 11F District. The Authority has determined that it will use 100%of the remaining tax increment generated by the 1lF District for any of the following purposes: (1) pay for the estimated public costs of the 11F District (ice Estimated Public Costs) and aty adrrinistrative costs associated with the 11F District(ccc Limitation on Administrative Expenses); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the 1lF District; (3) accumulate a rcecrve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the 11F District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision la;or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the Oty. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer,or other beneficiary of assistance,to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions irrposed on the use of tax increments. Assistance indudes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or benefidary. Tax Increment Pooling and the Five Year Rule At least 80%of the tax increments from the 1]F District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the 11F District(See Designation of 11F District as Housing District). No more than 20%of the tax increments may be spent on costs outside of the T1F District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. Al administrative expenses are considered to have been spent outside of the 11F District. As permitted under IVinnesota Statutes, Section 469.1763, subdivision 2(b)and subdivision 3(a)(5),any expenditures of increment from the 11F District to pay the cost of a"housing project"as defined in IVinnesota Statues, Section 469.174 subd. 11 will be treated as an expenditure within the district for the purpos of the"pooling rules"and the "five year rule". The City currently anticipate that tax increments will be spent outside of the 11F District,for allowable SPRINGSTED Page 5 City of Eden Prairie, Minnesota adrrinistrative and pooling expenscs, not related to housing projects and that such expenditures are expressly authorized in this TTF Plan. Limitation on Administrative Expenses Arirrinistrative expenses are defined as all costs of the Authority other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, induding architectural and engineering services directly connected with the physical development of the real property in the project; (3) relocation benefits paid to, or services provided for, persons residing or businesses located in the prof; (4) amounts used to pay prindpal or interest on, fund a rcscrve for, or sell at a discount bonds issued pursuant to section 469.178;or (5) amounts used to pay other finandal obligations to the extent those obligations were used to finance costs described in clause(1)to(3). Administrative expenses indude amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the Oty in administering the liF District. Tax increments may be used to pay adrrinistrative expen of the llF District up to the lesser of(a) 10%of the total estimated public costs authorized by the TTF Plan or(b) 10%of the total tax increment expenditures for the project. Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capadty of both phases of TTF District No. 15 was hypothetically available to the other taxing jurisdictions. The Authority believes that there will be no adverse irrpact on other taxing jurisdictions during the life of the liF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive irrpact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed addition of Phase Two to the tax increment finandng district, as pursuant to IVinnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total maximum amount of tax increment that will be generated over the life of the district is estimated to be$18/1116,805. 2. To the extent the housing project in the proposed liF District generates any public cost impacts on city- provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the Oty, exduding that portion captured by the District. 3. The maximum amount of tax increments generated by over the remaining life of the district that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be$4,011,305. 4. The maximum amount of tax increments generated over the remaining life of the district that would be attributable to county levies, assuming the countys share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be$6,604,912. ® SPRINGSTED Page 6 City of Eden Prairie, Minnesota 5. No additional information has been requested by the County or School District. Development Agreements If within a project containing a redevelopment district, more than 25%of the acreage of the property to be acquired by the Authority is purchased with tax increment bonds proceeds(to which tax increment from the property is pledged), then prior to such acquisition, the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority anticipates entering into an agreerrent for development, but does not anticipate acquiring any property located within the 11F District. Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the 1lF District. Although the City does not anticipate entering into an assessment agreement, if it were deterrrined necessary, the assessment agreement shall be presented to the city Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreerrent shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The Authority does not anticipate entering into an assessment agreerrent. Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the liF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original 11 F Plan. This paragraph does not apply if: (1) the only rrudification is elimination of parcels from the 11F District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority agrees that the TiF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Administration of the Tax Increment Financing Plan ® SPRINGSTED Page 7 City of Eden Prairie, Minnesota Upon adoption of the TIF Ran, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the liF District. To assist the County Auditor in this process, the Authority shall submit copies of the liF Ran, the resolution establishing the TTF District and adopting the TTF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor (if applicable) any assessment agreement establishing the minimum market value of land and improvements in the TTF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TTF District. The amount of tax increment may change due to development anticipated by the TTF Plan, other development, inflation of property values, or changes in property dassification rates or formulas. In administering and implementing the liF Ran,the following actions should occur on an annual basis: (1) prior to July 1, the Authority shall notify the City Assessor of any new development that has occurred in the TTF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new 11 F District,or for modification of an existing TTF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TTF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capadty of the liF District. The reverse shall also apply; (b) the original net tax capadty may be modified by any approved enlargement or reduction of the Tl F District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes,then the resulting increase or decrease in net tax capadty shall be applied proportionately to the original net tax capadty and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the liF District. Financial Reporting and Disclosure Requirements The Authority will comply with all reporting requirements for the liF District under Minnesota Statutes, Section 269.175, Subdivisions 5 and 6. Original Tax Increment Financing Plan and Previous Amendments The Original Tax Increment Financing Plan for District No. 15 and any previously adopted amendments, remain in full force and effect,to the extent they were not modified within this amendment. ® SPRINGSTED Page 8 City of Eden Prairie, Minnesota Map of 71F District No. 15 r, ._ ;..,- - Air _, Tax Increment Financing District #15 S. Project Area #5 . ( :7\ Summit Place Senior Campus (aka: Eden Shores) .,•,.••- -• - • I \ ,• ' '"v ' • .-•'' Center • -,..' .S.,‘-'''' . ..I ---,7,0,,:' ''',:,,A • ° • Ohio— -•". „....„„,,,/ ' ,.. ........ • • A 4- ''' *f : 4 •. ....„,\\_....., ,,s‘ 1 '''‘ • *->, L — ‘. • . •"%4.,,,.. * --.... 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"1 i'lc ; LK 's,.- -' -1 kr- ... ---,...7:-'4 --. . -., ;-A SPRINGSTED Page 10 City of Eden Prairie, Minnesota Assumptions Report City of Eden Prairie, Minnesota Summit Place Phases One &Two 3% MV Inflator Years -2.9% Mod & 3.5% Market- 1%Admin - 12% Pooling Type of Tax Increment Financing District Housing Maximum Duration of TIF District 25 years from 1st increment Projected Certification Request Date 05/05/00 Decertification Date 12/31/26 (26 Years of Increment) 1999/2000 Base Estimated Market Value $891,520 Original Net Tax Capacity $11,144 Assessment/Collection Year 2007/2008 2008/2009 2009/2010 2010/2011 Base Estimated Market Value $891,520 $891,520 $891,520 $891,520 Increase in Estimated Market Value 42,078,480 43,367,580 55,495,353 60,786,959 Total Estimated Market Value 42,970,000 44,259,100 56,386,873 61,678,479 Total Net Tax Capacity $537,125 $553,239 $704,836 $770,981 City of Eden Prairie 27.177% Hennepin County 38.571% ISD#272 23.425% Other 8.699% Local Tax Capacity Rate 97.872% 2007/2008 Fiscal Disparities Contribution From TIF District 0.0000% Administrative Retainage Percent(maximum = 10%) 1% Pooling Percent 12% Bonds Note (Pay-As-You-Go) Bonds Dated 05/05/00 Note Dated 01/01/08 Bond Issue @ 0.00% (NIC) $0 Note Rate 6.00% Eligible Project Costs $0 Note Amount $0 Present Value Date & Rate 01/01/08 6.00% Notes Project information shown is for Phases One&Two Projections assume no future changes in class and tax rates, and a 3% market value inflator a SPRINGSTED Page 11 City of Eden Prairie, Minnesota Projected Tax Increment Report I City of Eden Prairie,Minnesota Summit Place Phases 1 &2 $180,000/Unit Value,80 Units 3%MV Inflator Years-2.9%Mod&3.5%Market-1%Admin-12%Pooling Less: Retained Times: Less: Less: Less Annual Existing New Total Original Captured Tax Annual State Aud. Administrative Additional Annual Period Development Development Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Expenses Pooling/Transfers Net Ending Tax Capacity Tax Capacity Capacity Capacity Capacity Rate Increment 0.360% 1% 12% Revenue (1) (2) (3) (3) (4) (5) (6) (7) (8) 12/31/00 0 0 0 0 97.872% 0 0 0 0 12/31/01 0 0 0 0 97.872% 0 0 0 0 12/31/02 0 0 0 0 97.872% 0 0 0 0 12/31/03 0 0 0 0 97.872% 120,150 0 9,636 21,928 108,135 12/31/04 0 0 0 0 97.872% 206,047 0 9,636 21,928 185,442 12/31/05 0 0 0 0 97.872% 480,922 0 9,636 21,928 432,830 12/31/06 0 0 0 0 97.872% 455,453 0 9,636 21,928 409,908 12/31/07 0 0 0 0 97.872% 484,930 0 7,331 41,162 436,437 12/31/08 537,125 0 537,125 11,144 525,981 97.872% 514,788 1,853 5,000 1,853 506,082 12/31/09 553,239 0 553,239 11,144 542,095 97.872% 530,559 1,910 5,000 115,800 407,849 12/31/10 569,836 135,000 704,836 11,144 693,692 97.872% 678,930 2,444 5,000 115,800 555,686 12/31/11 586,931 184,050 770,981 11,144 759,837 97.872% 743,668 2,677 5,000 115,800 620,191 12/31/12 604,539 189,572 794,110 11,144 782,966 97.872% 766,305 2,759 5,000 115,800 642,746 12/31/13 622,675 195,259 817,934 11,144 806,790 97.872% 789,621 2,843 5,000 115,800 665,978 12/31/14 641,355 201,116 842,472 11,144 831,328 97.872% 813,637 2,929 5,000 115,800 689,908 12/31/15 660,596 207,150 867,746 11,144 856,602 97.872% 838,373 3,018 5,000 115,800 714,555 12/31/16 680,414 213,364 893,778 11,144 882,634 97.872% 863,852 3,110 5,000 115,800 739,942 12/31/17 700,826 219,765 920,592 11,144 909,448 97.872% 890,095 3,204 5,000 115,800 766,091 12/31/18 721,851 226,358 948,209 11,144 937,065 97.872% 917,125 3,302 5,000 115,800 793,023 12/31/19 743,507 233,149 976,656 11,144 965,512 97.872% 944,966 3,402 5,000 115,800 820,764 12/31/20 765,812 240,144 1,005,955 11,144 994,811 97.872% 973,642 3,505 5,000 115,800 849,337 12/31/21 788,786 247,348 1,036,134 11,144 1,024,990 97.872% 1,003,178 3,611 5,000 115,800 878,767 12/31/22 812,450 254,768 1,067,218 11,144 1,056,074 97.872% 1,033,601 3,721 5,000 115,800 909,080 12/31/23 836,823 262,411 1,099,235 11,144 1,088,091 97.872% 1,064,936 3,834 5,000 115,800 940,302 12/31/24 861,928 270,284 1,132,212 11,144 1,121,068 97.872% 1,097,211 3,950 5,000 115,800 972,461 12/31/25 887,786 278,392 1,166,178 11,144 1,155,034 97.872% 1,130,455 4,070 5,000 115,800 1,005,585 12/31/26 914,419 286,744 1,201,163 11,144 1,190,019 97.872% 1,164,696 4,193 5,000 115,480 1,040,023 12/31/27 0 0 0 0 97.872% 0 0 0 0 0 12/31/28 0 0 0 0 97.872% 0 0 0 0 $18,507,140 $60,335 $140,875 $2,214,808 $16,091,122 a1 SPRINGSTED Page 12 City of Eden Prairie, Minnesota Estimated Impact on Other Taxing Jurisdictions Report I City of Eden Prairie, Minnesota Summit Place Phases 1 &2 $180,000/Unit Value, 80 Units 3% MV Inflator Years -2.9% Mod &3.5% Market- 1%Admin - 12% Pooling Without Project or TIF District With Project and TIF District Projected Hypothetical 2007/2008 2007/2008 Retained New Hypothetical Hypothetical Tax Generated Taxable 2007/2008 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity(1) Tax Rate Capacity(1) + Capacity = Capacity Tax Rate(*) Tax Rate(*) N.T.C. (*) City of Eden Prairie 106,631,931 27.177% 106,631,931 $1,190,019 107,821,950 26.877% 0.300% 319,842 Hennepin County 1,471,599,883 38.571% 1,471,599,883 1,190,019 1,472,789,902 38.540% 0.031% 458,631 ISD#272 102,461,284 23.425% 102,461,284 1,190,019 103,651,303 23.156% 0.269% 275,562 Other(2) --- 8.699% --- 1,190,019 --- 8.699% --- --- Totals 97.872% 97.272% 0.600% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above,the result would be a lower local tax rate(see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case,the total local tax rate would decrease by 0.600% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity=total net tax capacity-captured TIF-fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 8.89%of the total tax rate. VI SPRINGSTED Page 13 City of Eden Prairie, Minnesota Market Value Analysis Report I City of Eden Prairie, Minnesota Summit Place Phase 2 Only $180,000/Unit Value, 80 Units 3% MV Inflator Years -2.9% Mod &3.5% Market- 1%Admin - 12% Pooling Assumptions Present Value Date 05/05/00 P.V. Rate-Gross T.I. 6.00% Increase in EMV With TIF District $22,939,512 Less: P.V of Gross Tax Increment 1,278,116 Subtotal $21,661,396 Less: Increase in EMV Without TIF 0 Difference $21,661,396 Annual Present Gross Tax Value @ Year Increment 6.00% 1 2002 0 0 2 2003 0 0 3 2004 0 0 4 2005 0 0 5 2006 0 0 6 2007 0 0 7 2008 0 0 8 2009 0 0 9 2010 132,127 72,056 10 2011 180,133 92,676 11 2012 185,537 90,053 12 2013 191,104 87,505 13 2014 196,837 85,028 14 2015 202,742 82,621 15 2016 208,824 80,283 16 2017 215,089 78,011 17 2018 221,541 75,803 18 2019 228,188 73,658 19 2020 235,033 71,573 20 2021 242,084 69,547 21 2022 249,347 67,579 22 2023 256,827 65,666 23 2024 264,532 63,808 24 2025 272,468 62,002 25 2026 280,642 60,247 26 2027 0 0 $3,763,055 $1,278,116 a SPRINGSTED Page 14