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City Council - 03/04/2008
AGENDA CITY COUNCIL/FLYING CLOUD AIRPORT ADVISORY COMMISSION WORKSHOP & OPEN PODIUM TUESDAY, MARCH 4, 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 FLYING CLOUD AIRPORT ADVISORY COMMISSION: Rick King, Chair; Jeff Larsen, Vice Chair; Commission Members Joe Harris, Greg McKewan, Mark Michelson, Kurt Schendel, Brad Stratton; Scott Kipp, Staff Liaison Heritage Room II I. 2007 ACCOMPLISHMENTS (RICK KING—CHAIR) 5:30- 5:45 PM • FOR CITIZENS • FOR AIRPORT USERS • FOR THE CITY COUNCIL II. 2008 WORK PLAN (JEFF LARSEN—VICE CHAIR) 5:45 - 6::00 PM III. THANKS TO OUTGOING COMMISSIONERS & STAFF (RICK KING) 6:00- 6:05 PM IV. DISCUSSION (ALL) 6:05 - 6:25PM Council Chamber II. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 4, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD /PLEDGE OF ALLEGIANCE IIII. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RECOGNITION OF SHOPPING BUS VOLUNTEERS B. RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT C. CEMETERY TASK FORCE REPORT D. RECEIVE THE FLYING CLOUD AIRPORT ADVISORY COMMISSION 2007 REPORT AND APPROVE THE 2008 GOALS AND WORK PLAN V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 12, 2008 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 12, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. KINDERBERRY HILL Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 5.13 acres and Zoning District Amendment in the Office Zoning District on 1.6 acres and Resolution for Site Plan Review on 5.13 acres. Location: Hennepin Town Road& Pioneer Trail. (Ordinance for PUD District Review with waivers and Zoning District CITY COUNCIL AGENDA March 4, 2008 Page 2 Amendment; Resolution for Site Plan Review) C. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial on 21.3 acres, Resolution for Site Plan Review on 21.3 acres. Location: Southwest of Prairie Center Drive, east of Columbine Road & west of Highway 212. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) D. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 9.01 AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION E. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 4.50 F. AWARD COMMUNITY CENTER CONCESSIONS SUPPLIER CONTRACT G. AWARD COMMUNITY CENTER VENDING CONTRACT H. AWARD COMMUNITY CENTER INDOOR PLAY STRUCTURE CONTRACT I. APPROVE PROPOSAL FROM BARR ENGINEERING TO PROVIDE WETLAND CONSERVATION ADMINISTRATION SERVICES, I.C. 08-5713 J. APPROVE CHANGE ORDER FOR MONITORING BOG Y AT BEARPATH,I.C. 06-5674 K. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL OF THE PROPERTY IX. PUBLIC HEARINGS/MEETINGS A. AMENDMENT TO 2007 CDBG BLOCK GRANT ACTION B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO SIGN PERMITS D. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS OF PROTECTION FOR WETLANDS CITY COUNCIL AGENDA March 4, 2008 Page 3 X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS A. COMMISSIONS B. BOARD OF APPEAL AND EQUALIZATION C. CHAIRS AND VICE CHAIRS OF COMMISSIONS D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION XV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Federal Legislative Agenda C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Streetscape and Wayfindin2 Update D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Amend Guidelines for Community Use of Parks and Recreation Rental Facilities E. REPORT OF PUBLIC WORKS DIRECTOR 1. Proposed Public Works Fee Amendments F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT ANNOTATED AGENDA DATE: February 29, 2008 REVISED TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, March 4, 2008 TUESDAY, MARCH 4, 2008 7:00 PM, COUNCIL CHAMBER CITY COUNCIL MEETING I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE When the Mayor announces the Scout, the Scout or Scout Master will step to the podium. Scout /Scout Master: "I am from Scout Troop # and Mayor and City Council, we are ready to present the Colors." Mayor: "Color Detail, present the Colors " The Detail Commander will March forward alone to the podium —then turn and face the Color Guard and start the ceremony. Detail Commander: "Color Detail, ATTENTION. Forward MARCH." Council and audience will rise when the flags enter the Council Chamber. The Color Guard and Scouts will march to the front and automatically halt when in position; no command for halt will be given. Detail Commander at the podium will turn to the Mayor. Detail Commander: "Mayor and City Council, we are ready for the Pledge of Allegiance." (Detail Commander will turn back to the scouts) "Present Colors." [The American Flag is snapped straight up and the State Flag is dropped to a 452 angle.] "Hand Salute." Mayor and Council lead the Pledge of Allegiance As soon as the Pledge of Allegiance is complete, the Detail Commander says: Detail Commander: Ready, TWO. The scouts return to attention and both flags are brought back to carrying position. Mayor: "Color Detail, retire the Colors." ANNOTATED AGENDA March 4, 2008 Page 2 Detail Commander: "Forward MARCH." Color Guard will now leave the Council Chambers. (Council and audience will remain standing until the flags leave the Council Chamber.) Outside the Council Chamber doors, the Color Guard will finish their duties. The Mayor will continue with the next item of business on the City Council Agenda while this takes place. Detail Commander: "Detail HALT." [All Color Guard members and Scout participants remain at attention.] 'Post COLORS." [Color Guard now places the flags in the flag holders outside the Council Chambers]. "FALLOUT." This ends the Color Guard ceremony. III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS /PRESENTATIONS A. RECOGNITION OF SHOPPING BUS VOLUNTEERS Shopping bus volunteers (and some residents who use the shopping bus) will be in attendance. Mary Keating will say a few words and read the names of the volunteers. The Shopping Bus is a collaboration of the City of Eden Prairie, South West Transit, FamiLink Resource Center and several local social services agencies. It started in 2004 as a way to help disabled and senior citizens who live independently get to various shopping destinations once a week. Ridership has consistently increased since the program began. Volunteers are the backbone of the program. They help riders on and off the bus, carry packages and make sure riders have safe and enjoyable shopping experiences. ANNOTATED AGENDA March 4, 2008 Page 3 B. RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT Note: Mr. Michael Casanova, Chair of the Riley-Purgatory-Bluff Creek Watershed District, will give a short presentation. C. CEMETERY TASK FORCE REPORT Note: Stu Fox, Staff Liaison to the task force, will give a presentation on the final report. Synopsis: The Cemetery Task Force was appointed by the City Council in 2005 and the Charter Statement for the Task Force was as follows: 1. Review the current rules and regulations used by the City to manage the operation of the cemetery. The Cemetery Task Force should determine if the City's rules are necessary and reasonable for the operation of the cemetery. 2. Review the current supply of lots; demand for lots; and the City's financial responsibilities for the future of the cemetery. 3. Review the general aesthetics of the cemetery and recommend improvements to the grounds of the cemetery, if necessary, for inclusion in the City's 2006-2010 Capital Improvement Plan. Stuart Fox served as staff liaison to the Cemetery Task Force. MOTION: Move to: • Accept the Pleasant Hill Cemetery Task Force Report dated March 4, 2008 • Direct staff to prepare the necessary paperwork to implement the recommendations D. FLYING CLOUD AIRPORT ADVISORY COMMISSION 2007 REPORT AND 2008 GOALS AND WORK PLAN Rick King and Jeff Larsen will present the report and work plan on behalf of the commission. MOTION: Move to receive the Flying Cloud Airport Advisory Commission 2007 Report and approve the 2008 Goals and Work Plan. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 12, 2008 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 12, 2008 ANNOTATED AGENDA March 4, 2008 Page 4 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-K on the Consent Calendar. A. CLERK'S LICENSE LIST B. KINDERBERRY HILL Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 5.13 acres and Zoning District Amendment in the Office Zoning District on 1.6 acres and Resolution for Site Plan Review on 5.13 acres. Location: Hennepin Town Road&Pioneer Trail. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) C. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial on 21.3 acres, Resolution for Site Plan Review on 21.3 acres. Location: Southwest of Prairie Center Drive, east of Columbine Road&west of Highway 212. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) D. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 9.01 AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION E. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 4.50 F. AWARD COMMUNITY CENTER CONCESSIONS SUPPLIER CONTRACT G. AWARD COMMUNITY CENTER VENDING CONTRACT H. AWARD COMMUNITY CENTER INDOOR PLAY STRUCTURE CONTRACT I. APPROVE PROPOSAL FROM BARR ENGINEERING TO PROVIDE WETLAND CONSERVATION ADMINISTRATION SERVICES, I.C. 08-5713 J. APPROVE CHANGE ORDER FOR MONITORING BOG Y AT BEARPATH, I.C. 06-5674 K. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL OF THE PROPERTY ANNOTATED AGENDA March 4, 2008 Page 5 IX. PUBLIC HEARINGS/MEETINGS A. AMENDMENT TO 2007 CDBG BLOCK GRANT ACTION Official notice of this public hearing was published in the January 31, 2008, Eden Prairie News. Synopsis: The 2007 Community Development Block Grant Action Plan did not specify the use of funds for the operation of a transitional home. Therefore, to be in compliance with HUD regulations, the formal action of reallocating the funds is necessary. The Subrecipient of the CDBG funds will contract with a human services agency to provide a program designed to assist families in developing a stable self- sufficient lifestyle. The human services agency will work with the family to develop goals in education, employment, housing,budgeting and other areas related to self- sufficiency. In addition they will examine long term strategies that will ensure permanent housing and a stable living environment. The Subrecipient will provide the City with a semi-annual report on the progress of the family and the performance of the human services agency which is assisting the family.The Subrecipient will keep the City informed of any complaints against the family and a detailed plan to resolve complaints in a timely fashion. MOTION: Move to: • T • Close the Public Hearing; and U • Approve the reallocation of $260,000 in Block Grant funds for affordable housing acquisition, to a subrecipient, as a grant to be used to purchase real estate and to operate that property as transitional housing for eligible families. B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS Official notice of this public hearing was published in the February 21, 2008, Eden Prairie News. Synopsis: The following changes are proposed which includes adding definitions and regulations relating to signs with dynamic display: 1. Create new"Dynamic Display" definition in City Code. 2. Permit dynamic displays to change instantaneously once every 20 minutes. 3. Establish a measurable brightness level 4. Prohibit dynamic displays from using video, animation, or any appearance of movement. 5. Establish a requirement for a written certification from the sign manufacturer that the sign has been preset to limit the maximum light intensity. 6. Establish LED brightness standards that require signs to be equipped with a mechanism to control the sign's brightness. 7. Require dynamic display owners to provide an accurate field method of insuring that maximum light levels are not exceeded. ANNOTATED AGENDA March 4, 2008 Page 6 8. Establish the city's authority to disable or turnoff a sign that malfunctions in a manner that creates excessive glare or brightness. 9. Permit dynamic displays in the Commercial Regional, Commercial Regional Service, Community Commercial,Neighborhood Commercial, Office, Town Center and Industrial Districts. 10. Prohibit dynamic displays in all residential districts, public and golf course districts. The billboard signs along Highway 212 are in the Rural Zoning District and would be prohibited from converting to a dynamic display signs. The Planning Commission voted 7-0 to recommend approval at the January 28, 2008 meeting with the stipulation that signs change may change once every 20 minutes. MOTION: Move to: 1,M11 • • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending City Code Chapter 11, Section 11.70, relating to signs with dynamic display. C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70 RELATING TO SIGN PERMITS Official notice of this public hearing was published in the February 21, 2008, Eden Prairie News. Synopsis: Four minor changes are proposed: 1. Allow buildings in the public district to have an 80 square foot sign on one street frontage and 36 square feet for other frontages. 2. Allow buildings in the public district to have a 50 square foot sign per wall per street frontage and one 30 square foot sign per accessory use on the ground floor elevation. 3. The code currently exempts religious symbols from being included in the calculation of sign area for wall signs and free standing signs. The exemption is stated in two different paragraphs. The editing change is to combine the requirements into one paragraph. 4. Change "Airport District"to "Airport." The proposed changes to the public district will treat signs in a similar manner to commercial, office, and industrial districts by allowing signs per frontage rather than a sign per lot. It will also permit slightly larger but more readable signs on the wall of the building. The change relating to airport signs eliminates the word district since there is no airport zoning district. The Planning Commission voted 8-0 to recommend approval of the code changes at the January 28, 2008, meeting. ANNOTATED AGENDA March 4, 2008 Page 7 MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending City Code Chapter 11, Section 11.70, relating to the Public District and Airport sections of the Sign Ordinance. D. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS OF PROTECTION FOR WETLANDS Official notice of this public hearing was published in the February 21, 2008, Eden Prairie News. Synopsis: Eden Prairie first adopted the Wetland Protection Code on February 10, 2000. In March 2008 (this date is incorrect) standards were added for adoption of Local Government Unit(LGU) status for Lower Minnesota River Watershed District as the District did not have the resources to provide Wetland Conservation Act (WCA)review. This amendment incorporates changes to address the following: 1. Adoption of LGU status for Riley-Purgatory-Bluff Creek Watershed District. RPBCWD passed a resolution in December 2007 that they would no longer provide WCA services after April 2008 for the City of Eden Prairie. Development issues within RPBCWD are more complex than those incurred with the Lower Minnesota LGU responsibilities and additional provisions were required prior to adoption of this amendment. 2. Revisions to WCA that were made in 2007. 3. Incorporation of proposed revisions to the Nine Mile Creek Watershed District (NMCWD)to wetland rules which are scheduled to be adopted by the District Board on March 19, 2008. 4. Miscellaneous housekeeping items that have arisen in day to day application of the ordinance. The Planning Commission voted 6 to 0 to recommend approval of the changes to the Wetland Ordinance and incorporation of comments made during the February 11, 2008, meeting. Mr. Kevin Bigalke from Nine Mile Creek Watershed District also attended the meeting and provided comments which are attached. MOTION: Move to approve First Reading of an Ordinance Amending City Code Section 11.51 Relating to Standards for the Protection of Wetlands. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). ANNOTATED AGENDA March 4, 2008 Page 8 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMISSIONS Synopsis: The City Council held Commission interviews on Monday, February 25, 2008. Twenty-six candidates applied overall for consideration; 11 new applicants and 15 candidates seeking reappointment. Twenty candidates are being designated for Commission appointments on March 4, 2008; eight appointed for the first time, and 12 reappointments. Appointments are being made to all Commissions except the Budget Advisory Commission; no positions were available on the BAC this year. All terms of appointment are scheduled to begin on April 1, 2008. A City Commission Orientation session will be held on Wednesday, March 26, 2008, for all new and re- appointed Commission members being appointed tonight prior to the formal start of their Commission terms. MOTIONS: Move to: Appoint to the Arts & Culture Commission: Ana Armstrong and Elizabeth Petry-Lee —Terms to expire March 31, 2011 Move to: Appoint to the Conservation Commission: Ray Daniels and Geneva MacMillan, and —Terms to expire March 31, 2011 Move to: Appoint to the Flying Cloud Airport Advisory Commission: Rick King, Greg McKewen, and Judith Gentry—Terms to expire March 31, 2011 Move to: Appoint to the Heritage Preservation Commission: Nina Mackay, Ed Muehlberg, and Kathy Veurink—Terms to expire March 31, 2011 Move to: Appoint to the Human Rights and Diversity Commission: Kelly Brandon —Term to expire March 31, 2010; and Mohamed Duale and Marcy Harris —Terms to expire March 31, 2011 ANNOTATED AGENDA March 4, 2008 Page 9 Move to: Appoint to the Parks, Recreation & Natural Resources Commission: Lee Elliott-Stoering and Geri Napuck —Terms to expire March 31, 2011 Move to: Appoint to the Planning Commission: John Cadman —Term to expire March 31, 2010; and John Kirk, Jon Stoltz, and Catherine Lechelt —Terms to expire March 31, 2011 B. BOARD OF APPEAL AND EQUALIZATION Synopsis: The proposed members for Council approval are experienced real estate professionals with extensive knowledge of the Southwest metro area. • Mike Best of REMAX Results is involved in the sale of single family properties in the southwest metro area. • Brian Duoos of Edina Realty is involved in the sale of single family properties in the southwest metro area. • Jim Johnson of The Realty House is involved in the sale of single family properties in the southwest metro. • Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. • Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest metro area and a former member of the City of Eden Prairie City Council. From 1992 through 2007, the City has appointed a special Board of Appeal and Equalization(also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable,with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of$50 for all required training sessions and Board meetings. In 2003, the Minnesota legislature passed a law requiring members of local Boards of Appeal and Equalization Commissions attend a training session, developed by the Minnesota Department of Revenue, at least once every four years. Eden Prairie's BAE training session last took place on Wednesday, April 20, 2005. MOTION: Move to appoint to the Board of Appeal and Equalization Mike Best, Brian Duoos, Jim Johnson, Annette O'Connor, and Patricia Pidcock for the period of April 1, 2008, through May 31, 2008, or until the Board of Appeal and Equalization completes its work. ANNOTATED AGENDA March 4, 2008 Page 10 C. COMMISSION CHAIRS AND VICE CHAIRS Synopsis: Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council held Commission interviews on Monday, February 25, 2008, and determined Chair and Vice Chair assignments for the period of April 1, 2008 through March 31, 2009, at this time. City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson." MOTIONS: Move to Appoint Ann Rorem - Chair and Heather Olson - Vice Chair of the Arts and Culture Commission. Move to appoint Don Uram - Chair and Katherine Kardell - Vice Chair of the Budget Advisory Commission. Move to appoint Eapen Chacko - Chair and Laura Jester - Vice Chair of the Conservation Commission. Move to appoint Richard King - Chair and Jeffrey Larsen - Vice Chair of the Flying Cloud Airport Advisory Commission. Move to appoint Betsy Adams - Chair and Ann Higgins - Vice Chair of the Heritage Preservation Commission. Move to appoint Cari Maguire - Chair and Pam Spera - Vice Chair of the Human Rights and Diversity Commission Move to appoint John Brill - Chair and Geri Napuck - Vice Chair of the Parks, Recreation and Natural Resources Commission. Move to appoint Jon Stoltz - Chair and John Kirk - Vice Chair of the Planning Commission. D. BOARD OF APPEAL & EQUALIZATION CHAIR AND VICE CHAIR Synopsis: Chairs and Vice-Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a chairperson ad vice-chairperson for a Board or Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson." ANNOTATED AGENDA March 4, 2008 Page 11 MOTION: Move to appoint Patricia Pidcock — Chair and Mike Best — Vice-Chair of the Board of Appeal and Equalization. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Federal Legislative Agenda Synopsis: Attached are the position narratives for the individual items that compose the City's federal legislative agenda for 2008. I am seeking the Council's review and approval of the legislative agenda and position narratives. I am also seeking the authorization of the Council to speak on behalf of the City to members of Minnesota's federal legislative delegation in Washington, DC, at the 2008 National League of Cities' Congressional Cities Conference. MOTION: Move to: • Approve proposed legislative agenda and position narratives; and • Authorization to City Manager Scott Neal to speak on behalf of the City of Eden Prairie at the National League of Cities Congressional Cities Conference C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Streetscape and Wayfinding Update D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Amend Guidelines for Community Use of Parks & Recreation Rental Facilities Synopsis: Staff is recommending an amendment to the Guidelines for Community Use of Parks and Recreation Rental Facilities in order to clarify the distribution of food and beverages throughout the park system and specifically at the Community Center. The current policy is fairly broad and does not address issues such as: caterers, home made food, use of kitchens and use of support equipment. Staff feels that these issues should be addressed and clarified based on the types of supporting facilities that are available at each of the facilities. The Parks, Recreation and Natural Resources Commission will review this policy on March 3. ANNOTATED AGENDA March 4, 2008 Page 12 MOTION: Move to amend the policy entitled Guidelines for Community Use of Parks and Recreation Facilities, Section XIII, Food Services - to clarify food requirements at the Eden Prairie Community Center to require pre-packaged commercially prepared food or the use of a caterer. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Proposed Public Works Fee Amendments Synopsis: A number of items emerged in 2007 that resulted in this proposal to amend a number of City fees—discussion with the BAC regarding utility sustainability, a dry spring and early summer resulting in an unusually high number of lawn irrigation violations and the request by the Riley-Purgatory Bluff Creek Watershed District to transfer Local Government Unit(LGU) status to the City. The purpose of this agenda item is to brief the Council on the proposed fee amendments in preparation of finalizing the request for a public hearing scheduled for March 18, 2008. 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. CITY COUNCIL AGENDA DATE: SECTION: Proclamation and Presentations March 4, 2008 DEPARTMENT/DIVISION: ITEM NO.: IV.A. Molly Koivumaki ITEM DESCRIPTION: Mary Keating, Housing and Recognition of Shopping Bus Volunteers Community Services Synopsis: The Shopping Bus is a collaboration of the City of Eden Prairie, SouthWest Transit, FamiLink Resource Center and several local social services agencies. It started in 2004 as a way to help disabled and senior citizens who live independently get to various shopping destinations once a week. The program has been very successful and ridership has consistently increased. Volunteers are the backbone of the program, helping riders on and off the bus, carrying packages and making sure riders have safe and enjoyable shopping experiences. These volunteers bring warmth and human contact into the lives of some of our most isolated residents and in so doing help to make Eden Prairie a great place to live. Mary Keating of the Housing and Community Services Division will make a brief presentation to the Council, recognizing the work of the volunteers. CITY COUNCIL AGENDA DATE: SECTION: Proclamations /Presentations March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Stu Fox, Manager, Pleasant Hill Cemetery Task Force Report Parks and Natural Resources Parks and Recreation Requested Action Move to: • Accept the Pleasant Hill Cemetery Task Force Report dated March 4, 2008. • Direct staff to prepare the necessary paperwork to implement the recommendations. Synopsis The Cemetery Task Force was appointed by the City Council in 2005 and the Charter Statement for the Task Force was as follows: 1. Review the current rules and regulations used by the City to manage the operation of the cemetery. The Cemetery Task Force should determine if the City's rules are necessary and reasonable for the operation of the cemetery. 2. Review the current supply of lots; demand for lots; and the City's financial responsibilities for the future of the cemetery. 3. Review the general aesthetics of the cemetery and recommend improvements to the grounds of the cemetery, if necessary, for inclusion in the City's 2006-2010 Capital Improvement Plan. Stuart Fox served as staff liaison to the Cemetery Task Force. Background In past years there have been several questions relating to the size of grave markers permitted in the cemetery, as well as other operational protocols for Pleasant Hill Cemetery. When the City Council met in a workshop session several years ago they discussed various options other than each individual petitioning the council for change to the current grave marker sizes. It was recommended that a group of citizens working as a Task Force should take a look at the operation of the cemetery and recommend rule and regulation changes and review the operation and management of the Cemetery. This review would be helpful since it had been nearly twenty years since the City took over the operational management of Pleasant Hill Cemetery. The Task Force presented its initial findings at a workshop session with the City Council in June of 2007. Following that meeting, the Task Force has reworked some of the items that were discussed and has prepared a final Pleasant Hill Cemetery Task Force Report for the City Council. Cemetery Task Force Report March 4, 2008 Page 2 Task Force Recommendations The following is a synopsis of the major changes within the Rules and Regulations as recommended by the Task Force as well as grave pricing and aesthetic and capital improvements for the cemetery. Rules and Regulations Grave marker size shall be 24"x12"x4" deep for a single burial; and 40"x12"x4" deep for double marker. • Markers require an additional unadorned 4-inch mowing skirt that may be concrete or part of the marker stone. • Plants, flowers or greens appropriate to the season may be placed in a durable and erect stand. Flowers may not be placed on the ground and other adornments are not permitted, except for five days over special occasions or up to thirty days following a burial. • Every new grave should have a permanent marker following a burial. • Above ground monuments will be permitted in the front portion of Section III of the cemetery. Pricing • Task Force recommends that the fee for a grave be $500 for a resident and $650 for a non-resident. Aesthetic and Capital Improvements • Recommend attractive and more ornamental fencing to encompass the entire cemetery. • Encourage the Council to acquire more land for expansion of the current cemetery area. • Recommend that the City Council authorize hiring of a design firm to create a focal area within the cemetery for special reflection and contemplation. The Task Force also focused on several other items including general upkeep and operation maintenance of the cemetery. They recommend that there should be an emphasis to improve the general aesthetic appeal of the cemetery grounds. Many of these items are listed within the body of the Task Force Report. The last recommendation of the Task Force, and one that is supported by City staff, is to establish an advisory Cemetery Advisory Board that would meet two times a year to monitor operation and maintenance issues at the cemetery. In additional they could be called at special times to hear the appeal of an individual making a request that would vary from the cemetery Rules and Regulations. This would serve as a buffer to fully vet out the appeal prior to presentation of the item to the City Council for resolution. The means and charter for such a Cemetery Advisory Board is yet to be determined. Attachments Pleasant Hill Cemetery Task Force Report CITY COUNCIL AGENDA DATE: March 4, 2008 SECTION: Presentations/Proclamations DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.D. Community Development/Planning Flying Cloud Airport Advisory Janet Jeremiah Commission 2007 Report and 2008 Scott Kipp Goals and Work Plan Requested Action Move to: Receive the Flying Cloud Airport Advisory Commission 2007 Report and Approve its 2008 Goals and Work Plan. Synopsis The Annual Report addresses activities of the Commission in 2007 which focused on providing education and information about FCM to various constituent groups, increased visibility of, and communications from the Commission, and continued monitoring of the Final Agreement. The Commission proposes the same goals for 2008. Background Information The Flying Cloud Airport Advisory Commission will be meeting with the City Council at the March 4, 2008 City Council Workshop to present its 2007 Report and Goals and Work Plan for 2008. Some of the Commission's 2007 accomplishments included: • New Life Link Helicopter arrival/departure routes to minimize noise. • Security improvements at Flying Cloud Airport and an updated security manual. • Improvements to the City's website on Flying Cloud Airport. • Visits to the Commission from various guests including MAC Chairman Jack Lanners and Laura Neuman representing Zero Expansion. • Education efforts increased exposure to noise reporting procedures. Attachments 1. 2007 Report and 2008 Goals and Work Plan ITEM NO.: VI.A UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,FEBRUARY 12, 2008 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Jan Curielli GUIDE PLAN Mayor Young called the workshop to order at 5:40 PM. City Manager Neal said Monique MacKenzie, SRF Consulting Group, and City Planner Mike Franzen will present an overview of the proposed update to the Guide Plan. At tonight's Council meeting the Council will be asked to authorize sending out the Guide Plan for comments. Franzen said the Planning Commission and City Council cannot hold public hearings on the updated Guide Plan until after the School District, Watershed District and Hennepin County go through the six-month review process. The Metropolitan Council will review the Guide Plan after the Public Hearings have taken place. Ms MacKenzie gave a PowerPoint presentation on the Guide Plan and reviewed the proposed schedule for approving it. She noted the Guide Plan calls for more growth in Eden Prairie than in most communities in the third tier suburbs. Butcher asked if the forecasted growth is tied with the affordable housing. MacKenzie said the Metropolitan Council's concept of Livable Communities is separate from the Comprehensive Plan process, and they want to see how the housing policy allows for affordable housing to be built. Franzen said we indicate the potential for medium and high density residential housing in the areas of growth. Butcher asked if it is tied to our goals for affordable housing. MacKenzie said the Comprehensive Plan is not required to commit to specific numbers of housing. Aho asked how the projected growth rates will be achieved. MacKenzie replied they can extrapolate based on development in the Major Center Area(MCA) at this rate of density. Nelson said, when she read through the housing piece, it didn't seem like we talked much about owner-occupied versus rental property. She thought it is important to keep a balance between the two types of housing. MacKenzie said the Housing Task Force did not immerse themselves in that. Franzen said we might have to look at it the same way as rental housing CITY COUNCIL WORKSHOP MINUTES February 12,2008 Page 2 using TIF financing. He thought it was important to see where we want it and how much of it there should be. MacKenzie said a chapter on Active Community Planning was added to help increase the walkability and green planting quotients. There will be a Site Planning Guidebook to help site plan design achieve walkability goals. Butcher asked if Active Community Planning is a new term. MacKenzie said it is recognized as an emerging planning term. MacKenzie reviewed the changes to the Guide Plan since the 2000 plan was approved. She said the demographic forecasts predict an increase in population in the City of 13,884 between 2004 and 2030. She said Mr. Franzen, Ms Jeremiah and she met with the Metropolitan Council representative to make sure they will be okay with the numbers in the plan. Aho asked how much the future growth of outlying suburbs was taken into account because he saw them as growing substantially in the future. MacKenzie said we worked with the best information we have about what is going on in Eden Prairie and then interfaced with the regional models. She said the growth pattern does account for fourth-tier growth. Butcher asked what kind of buildings we are talking about and what will be their impact on the traffic in the areas of growth in the Golden Triangle and the MCA. MacKenzie said it varies, and the MCA plan called for some development of high density residential, so there were a certain number of trips assigned to each site in the Golden Triangle and the MCA areas. Nelson said it has been a while since the Senior Task Force came in with their report and asked if that has been reflected in the overall plan. Franzen said there are 800-900 senior housing units in the area and there will be 350 more in the Presbyterian Homes project. He said they did not make any particular forecast regarding how many units need to be affordable or senior housing because the market will tell us that. Butcher asked how we attain our goal of a high ratio of green space in the major growth areas based on the plan that every household will have a place to recreate within a one-half mile radius. Franzen said the Comprehensive Plan shows large buildings and a neighborhood park, but we don't have a parcel to provide green space in some areas. Lotthammer said that plan is true for most areas of the city, either there is a park or one is planned. Reviewing Chapter 6 regarding Utilities, MacKenzie noted there will be additional wells required over a 20-year time frame, and we also assumed that a reduction in water use will allow us to achieve the projected demand of 28,000,000 gallons per day. Aho asked if that was true even with the projected growth rate. MacKenzie said there are important moves that must be made to conserve water. Dietz said usage in the Water Tower area of the City is considerably less than other areas. Aho asked if there are concerns about the aquifers and if there are any studies that show we may be in trouble with those. Dietz replied the Prairie du Chien and Jordan aquifers are dropping, and we have to fight hard with the DNR to get a new well. He said we won't get CITY COUNCIL WORKSHOP MINUTES February 12,2008 Page 3 five additional wells without this Comprehensive Guide Plan data. We have kept a cap on our water usage with conservation measures but it is a struggle. II. OPEN PODIUM A. Pam Bandy— City Policy on Realtor Signs Pam Bandy, Edina Realty, said she asked Brian Duoos, the manager of the local Edina Realty office, to assist her in discussing the effect of enforcement of the City's sign policy on temporary open house signs posted for the Tuesday broker open houses. Mr. Duoos said the Tuesday open houses are held for 2-3 hours from about 11:00 AM to 2:00 PM so that realtors and the public can come to see new listings. The signs are picked up after the open houses and are used as directional signs to help the public get to the properties. Both buyers and sellers benefit from the signs and the open house signs are only out for 3-4 hours at most. Some signs were confiscated recently, and there was no opportunity to have them returned. The group at the meeting tonight wanted to bring their concerns to the attention of the Council. Mr. Duoos distributed a handout showing the signs used and other information about the local real estate market. Young said the sign ordinance permits open house signs from Friday night to Monday morning. The Tuesday broker open houses are a traditional way to preview houses, and he thought it is an important part of selling homes. He understood the sign ordinance, as currently drafted, is on a complaint basis only and never allows signs to be placed in the right-of-way. The City does not patrol looking for signs. He thought it was important to have sign ordinances, but it is also important that the ordinances don't go further than they have to. He thought the Tuesday broker open houses are valuable to the residents, and he would like to amend the ordinance to carve out a couple of hours on Tuesday to allow the signs. Butcher thought that was a reasonable solution. She asked if the realtors ask permission when a sign is placed on someone's lawn. Mr. Duoos said they do. Butcher thought someone must have complained if the signs were removed, and perhaps this was an occasion where someone wasn't asked. Aho agreed with Mayor Young, noting he thought this is an important aspect of our community. He asked if the ordinance is limited to the real estate community only. Young said there is a specific ordinance that allows open house signs on the weekend, so we could just amend that ordinance. The other Council Members concurred with that. Dietz said the road right-of-way extends for the first 10-15 feet from the road. A discussion followed about ascertaining the location of the right-of-way. Neal said he talked to our code enforcement officer, and we do hold the signs for a period of time and will also call the sign owners if there is a phone number on the CITY COUNCIL WORKSHOP MINUTES February 12,2008 Page 4 sign. He said he will have staff prepare the amendment and noted an amendment to the sign ordinance is required to come before the Planning Commission before coming to the Council. Mr. Duoos asked what will happen for next Tuesday's open house. Young said at that point the sign ordinance will not have been changed. Neal suggested they make sure the signs are on private property. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 12, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Mayor Young thanked Troop 695 from Prairie Lutheran Church for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RECOGNITION OF SUPERVALU CEO JEFF NODDLE'S DESIGNATION AS MN BUSINESS JOURNAL EXECUTIVE OF THE YEAR Mayor Young read a proclamation recognizing SuperValu CEO Jeff Noddle's designation as Minnesota Business Journal's Executive of the Year. B. NINE MILE CREEK WATERSHED DISTRICT Corinne Lynch, Eden Prairie's representative on the Nine Mile Creek Watershed District Board,presented a check in the amount of approximately $30,000 to help reimburse the City for surface water maintenance projects. She reviewed the other major projects in which the Watershed District is currently involved in the City. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said a Temporary Liquor license for the Foundation for Eden Prairie Schools has been added to Item VIILA. CLERK'S LICENSE LIST. We have received a request to continue the public hearing for Item IX.B. TOP DOG COUNTRY CLUB &VET CLINIC. There are additions to the list of contributions and donations in Item C.2. Accept and Recognize Gifts and Donations for 2007. MOTION: Butcher moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. CITY COUNCIL MINUTES February 12,2008 Page 2 VI. MINUTES A. COUNCIL PLANNING SESSION HELD SATURDAY, JANUARY 19, 2008 MOTION: Aho moved, seconded by Butcher, to approve the minutes of the Council Planning Session held Saturday, January 19, 2008, as published. Motion carried 5-0. B. COUNCIL WORKSHOP HELD MONDAY,JANUARY 22, 2008 MOTION: Nelson moved, seconded by Duckstad, to approve the minutes of the Council Workshop held Monday, January 22, 2008, as published. Motion carried 5-0. C. CITY COUNCIL MEETING HELD MONDAY, JANUARY 22, 2008 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council Meeting held Monday, January 22, 2008, as published. Motion carried 5- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRAIRIEVIEW CENTER FACADE REMODEL Second Reading of the Ordinance 3-2008-PUD-3-2008 for Planned Unit Development District Review on 13.63 acres and Zoning District Amendment in the Commercial Regional Service District on 13.63 acres and Resolution 2008-18 for Site Plan Review on 13.63 acres. Location: 930 Prairie Center Drive. (Ordinance No. 3-2008-PUD-3-2008 for PUD District Review and Zoning District Amendment; Resolution No. 2008-18 for Site Plan Review) C. ADOPT RESOLUTION NO. 2008-19 APPROVING FINAL PLAT OF ENTERPRISE RENT-A-CAR D. ADOPT RESOLUTION NO. 2008-20 APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES E. ADOPT RESOLUTION NO. 2008-21 AUTHORIZING ACQUISITION OF EASEMENTS FOR FLYING CLOUD DRIVE IMPROVEMENTS,I.C. 07-5708 F. APPROVE PURCHASE OF REPLACEMENT VENHICLES AND EQUIPMENT LISTED IN THE 2008 BUDGET G. APPROVE PROPOSAL FROM SRF FOR FINAL DESIGN PLANS AND SPECIFICATIONS FOR STABILIZATION AND RESTORATION STUDY OF LOWER MINNESOTA RIVER WATERSHED DISTRICT AREA 4 CITY COUNCIL MINUTES February 12,2008 Page 3 H. ADOPT RESOLUTION NO. 2008-22 DECLARING THE CITY'S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF PROCEEDS OF SUBSEQUENTLY ISSUED SERIES OF BONDS I. ADOPT RESOLUTION NO. 2008-23 AUTHORIZING CONVEYANCE OF LOT 1 BLOCK 1 AND OUTLOT C CASTLE RIDGE ADDITION TO THE CITY OF EDEN PRAIRIE HOUSING AND REDEVLOPMENT AUTHORITY J. ADOPT RESOLUTION NO. 2008-24 SUPPORTING (HCRRA) REQUEST FOR$10 MILLION IN STATE BONDING TO FUND SOUTHWEST TRANSITWAY ENVIRONMENTAL IMPACT STATEMENT (EIS) AND PRELIMINARY ENGINEERING (PE) K. ADOPT RESOLUTION NO. 2008-25 SUPPORTING REQUEST FOR$1 MILLION IN FEDERAL FUNDS TO FUND THE SOUTHWEST TRANSITWAY EIS L. ADOPT RESOLUTION NO. 2008-26 SUPPORTING A STABLE, DEDICATED FUNDING SOURCE FOR TRANSIT CAPITAL AND OPERATIONS INCLUDING THE SOUTHWEST TRANSITWAY M. ADOPT RESOLUTION NO. 2008-27 REQUESTING THE SOUTHWEST TRANSITWAY BE GIVEN HIGHER PRIORITY IN METROPOLITAN COUNCIL'S UPDATED 2030 TRANSPORTATION POLICY PLAN MOTION: Butcher moved, seconded by Duckstad, to approve Items A-M on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. MINC RILEY LAKE—VERIZON WIRELESS TOWER Site Plan Review on 29.84 acres. Location: 9100 Riley Lake Rd. (Resolution No. 2008-28 for Site Plan Review) Neal said official notice of this public hearing was published in the January 31, 2008,Eden Prairie News and sent to 81 property owners. A Verizon Wireless tower is proposed to be constructed within Riley Lake Park to provide cellular coverage for the surrounding area. The purpose of the site plan review is for a 240 sq. ft. ancillary structure to house the cellular equipment associated with the tower. The 65-foot tower is exempt from site plan review since it is less than 80 feet tall and conforms to setback requirements in the rural district. The proposed building conforms to exterior materials and setbacks requirements. The building will be constructed into a hillside and will not be visible from any adjacent land use. No significant trees will be affected by the project. A standard FAA review is underway to determine if the tower is considered an obstruction. No building permit will be issued until the FAA determination is completed. CITY COUNCIL MINUTES February 12,2008 Page 4 Neal said the Parks, Recreation&Natural Resources Commission and Heritage Preservation Commission have reviewed and approved the proposal. The 120-Day Review Period expires on May 2, 2008. Peter Campbell, representing Verizon Wireless,was available for questions. Nelson asked if the tower is necessary to get adequate service in that area. Campbell said Verizon Wireless was contacted by a resident in the area to improve coverage and they then talked to the City to find an appropriate location. Nelson asked if this is true for any area in the City for people who are having problems. Campbell replied that is typically the way it happens. Young noted he would abstain from the discussion and the vote. Butcher asked what the breadth of coverage will be if the tower is built. Campbell replied it will cover all of Bearpath and surrounding areas around Riley Lake Park. It will fill in some current areas of coverage. Butcher then asked what the height of the tower will be. Campbell said it will be 65 feet. The zoning district allows 80 feet,but they decided to lower it to what they needed. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing; to adopt Resolution No. 2008-28 for Site Plan Review on 29.84 acres; and to direct Staff to prepare a Lease Agreement between the City and Verizon Wireless to be executed by the parties incorporating Staff and Commission recommendations and Council conditions. Motion carried 4-0-1, with Young abstaining. B. TOP DOG COUNTRY CLUB & VET CLINIC Planned Unit Development Concept Review on 3.03 acres, Planned Unit Development District Review on 3.03 acres and Zoning District Amendment in the Commercial Regional Service Zoning District on 3.03 acres and Site Plan Review on 3.03 acres. Location: 8040 Glen Lane. (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment) Neal said official notice of this public hearing was published in the January 31, 2008,Eden Prairie News and sent to 20 property owners. The applicant has requested a continuance to the April 15, 2008 City Council meeting. The 120- Day Review Period expires on April 21, 2008. MOTION: Duckstad moved, seconded by Butcher, to continue the Public Hearing to April 15, 2008. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Aho, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad, Nelson and Young voting "aye." CITY COUNCIL MINUTES February 12,2008 Page 5 XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 9.01 RELATING TO STORAGE, DEPOSIT AND COLLECTION OF REFUSE,YARD WASTE AND SOLID WASTE Neal said City Code Section 9.01 was revised to expand the requirements of this section to cover storage, deposit and collection of recyclable waste. A provision requiring multiple family dwellings to provide recycling service and language to prohibit scavenging of recyclable and solid waste were also added. A number of editorial changes were completed and some of the definitions were updated to reflect current usage. This revision adds language to Section 9.01 to clarify and expand storage, deposit and collection of recyclable wastes. He reviewed the major revisions and noted a mailing to apartments, townhome associations and other potentially affected parties was mailed between December 27, 2007 and January 4, 2008. In addition, an article on the pending revisions was published in the Eden Prairie News on January 17, 2008. No comments or concerns have been received regarding the proposed revision. Dietz said there is a lot to the revision which is a clarification made to conform to the definitions and standards of Hennepin County, but it is mostly about multi- family dwellings. Nelson asked if, from this point on, every multi-family housing project will have to have recycling available. Dietz said that will be true as soon as enforcement begins after the ordinance is in place. MOTION: Butcher moved, seconded by Duckstad, to approve First Reading of an Ordinance Amending City Code Section 9.01 Relating to Storage, Deposit and Collection of Refuse, Yard Waste and Solid Waste. Motion carried 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4, SECTION 4.50, RELATING TO SALE OF LIQUOR AT SPORTS OR CONVENTION FACILITIES OWNED BY THE CITY Neal said City Code Section 4.50 allows the sale of liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the City. Section 4.05 prohibits, except as otherwise provided in Chapter 4, the granting of any license for the sale of alcohol within 300 feet of a public elementary or secondary school structure or within 100 feet of a church structure. The Parks Department plans to allow catered events in the Community Center, such as banquets, weddings, and other social affairs, at which liquor may be served. The Community Center is within 300 feet of the Eden Prairie High School. The ordinance amendment proposes to amend Section 4.50 to clarify that the permission granted in Section 4.50 qualifies for the exception to the prohibition in Section 4.05. CITY COUNCIL MINUTES February 12,2008 Page 6 Neal said this grants us the ability to allow people using the rooms at the Community Center to serve alcohol when appropriate. MOTION: Duckstad moved, seconded by Aho, to approve First Reading of Ordinance amending City Code Section 4.50. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Policv to Hold a Public Hearing Prior to Council Action on New Fees and User Charges Neal said Council Member Nelson and he had a discussion a few weeks ago about an idea she had concerning how we approve fees and user charges when we increase them. There are some fees and charges we are required to approve by ordinance and have a public hearing. Other fees and charges are completely under our own control and discretion. We have not had a public hearing when those fees are changed, and one of those is the Community Center fees. Those were approved as part of the Consent Calendar agenda, and there was some reaction to that after it was completed. Nelson said she didn't think it would take that much time to put the item on the regular agenda and have a public hearing. She thought we should take time to listen to the public and not shut the public out of this type of discussion. Aho agreed with the concept to open it to the public when we do have something that warrants discussion before the public; however, he was not in favor of making a resolution stating we have to do that. He would prefer to do it at our discretion like it currently is,but would also like to make a practice of doing that. Neal thought one way to accomplish this would be to adopt a policy that we won't increase these fees as a Consent Calendar item. He said the motion is to have the Council direct staff to come back with a couple of solutions to the problem for the future. Young thought the public has the right to come before us if we are going to look at an increase in the fees. He didn't want to establish it as a formal, written policy because he was not sure that was necessary. He thought using the minutes of the meeting would be sufficient if there is consensus among the Council Members. We deal with a lot of things as a matter of direction CITY COUNCIL MINUTES February 12,2008 Page 7 and practice, so we could direct staff that when we increase fees it will be subject to an open hearing. Duckstad thought the idea raised by Council Member Nelson is good in principle,but he didn't want to be tied to a rigid requirement. Butcher said people need to be aware there is a place for them to come and speak and if it is part of a public hearing, it has to be publicized that people can come and give input. She was comfortable with not setting up specific policy, but she wanted to make sure people get the information and have the ability to come here if they wish. Neal said we are talking about the comprehensive fee resolution we do each year at budget time. We would place an ad in the newspaper of record that we are having a public hearing about it. Butcher asked if we would put something on the website. Neal said it would be the same protocol as other public hearings, so we would put something on the website. Nelson said she just wanted a continuing process, whether we are talking about a resolution or through the minutes. She didn't want it to be something that is forgotten about. 2. Market Value Homestead Credit Young asked City Manager Neal about receiving the Market Value Homestead Credit. Neal said for the first time since 2002 the City received reimbursement from the State for the Market Value Homestead Credit. It was just over$481,000 for 2007. Young asked where the funds were deposited.Neal said we are holding those in the CIP Capital Fund, and it will be treated as one-time revenue. 3. Appointment of Candy Garcia Young said last week Governor Pawlenty announced the appointment of Candy Garcia to the Hennepin County bench. B. REPORT OF CITY MANAGER 1. 2008 Meeting Schedule for Budget Advisory Commission Neal noted the Council discussed this at the January 19 planning session. He said Ms Kotchevar has queried members of the Budget Advisory Commission(BAC) to identify a date that works for them to meet. They have identified the second Thursday of March for their first meeting, and thereafter plan to meet on the fourth Tuesdays. He said we need to give them direction on what the Council wants them to study this year. As CITY COUNCIL MINUTES February 12,2008 Page 8 discussed at the planning session, the Council suggested they study the Capital Improvement Plan. Neal said Ms Kotchevar and he have discussed and refined that into a proposed policy direction. MOTION: Butcher moved, seconded by Aho, to approve the proposed 2008 BAC meeting schedule and the proposed policy direction. Motion carried 5-0. 2. Status of Heritage Preservation and Immigrant Services Activities Neal said during the Council's discussions on the City's budget for 2008- 2009, the Council gave specific instructions to staff to decrease the program effort and size in two specific areas: immigrant services and heritage preservation services. He has conferred with City staff who manage the two program areas to develop a plan to implement the Council's policy direction. Neal said there are three main duties in the Immigrant Services area: to help residents understand how to interact with the City; to help the City understand how to interact with the immigrant residents; and to work with the same group to help them get resources when they need them, either through private or public resources. He said the position now has 20 hours devoted to those three duties, not 40 hours as before. The employee no longer assists immigrants with the completion of INS forms. He noted immigrant residents may no longer receive the services provided in the same sort of timeliness because of the cutback. The employee now also serves half time in the Customer Service area. Regarding the Heritage Preservation area,Neal said there was an existing Work Plan for that division that included 14 different items. Of those 14 items there are a couple that we are not doing as part of the reduction in scope of services in this area. One of those relates to postponing the opening of the Dorenkemper House in the Riley Lake Park area and the other is eliminating the preparations for the Heritage Preservation Site designation on the Glen Lake Children's Camp and the Staring Lake Outdoor Center for this year. In addition program support for a couple of different Park and Recreation programs has been eliminated and some items have been delayed. He said Mr. Gertz's duties have been expanded to include more planning activities. He receives variances and reviews site plans, which has allowed the City Planner and the Senior Planner to add more time to the Comprehensive Plan and has allowed us to reduce the use of a consultant for that plan. Young said when we had the final budget discussion we talked during the meeting itself about finding a transition of Mr. Gertz's time to new responsibilities. The following day he and Mr. Neal discussed finding a similar transition of duties for Khadra Duale. He thought it was good employment practice to take opportunities to provide gainful employment for valuable employees. Neal said staff appreciated the support. CITY COUNCIL MINUTES February 12,2008 Page 9 3. MnDOT Right of Way Re-conveyance Process Neal said City staff has identified an eight-acre parcel of excess MnDOT right-of-way located at the southwest corner of the intersection of Eden Prairie Road and Scenic Heights Road. The land was used as a staging area for the TH 312 construction project and is no longer needed for that process. MnDOT gives cities first priority to acquire their excess right-of- way. The City must purchase the land at fair market value. The process can take two or more years to complete. The cost of expressing our official interest is a$1,000 deposit for an appraisal of the parcel, which would be forfeited by the City if it decides not to follow through on the purchase following the determination of the fair market value of the land. Neal said City staff believes this parcel could be a desirable site for a future affordable housing development. The area around this parcel is guided for low density residential development, and, with a maximum density of 2.5 units per acre, would have a developable potential of 20 new residential lots. While staff does not yet have a plan for the acquisition and development of the site,we recommend the City Council authorize staff to officially express the City's interest in acquiring this site, if for no other reason than to get our"foot in the door" for the future. Duckstad asked if the request is to ask permission of the Council to send a letter to MnDOT indicating we have an interest in the property. Neal said that would be the expression we need to make at this point. Before they could actually dispose of the property by selling it to us, we would have to declare a specific land use for the property. Duckstad asked if we have any idea what the City would want the property for or do we just want the additional time to consider the possibilities. Neal replied the idea that comes to mind quickest has been some sort of affordable, owner-occupied residential use. Young asked if we have any idea how much it would cost to acquire the land. Jeremiah said the first step would be an appraisal of the property and we would not be obligated to buy it. Young said he was not troubled by the $1,000 as a deposit,but was less thrilled with our buying land with the hope that the private sector may want to buy it from us at some time in the future. He did not think we should tie up land for property speculation. Duckstad said if we have a public purpose in mind, that is one thing,but he didn't think we should be involved in a free enterprise activity of buying and selling land. Butcher said she would hate to close the door on this because it might be used to meet some of our goals in the future. She was not sure what it would be used for, but she thought we should at least explore it for the $1,000. CITY COUNCIL MINUTES February 12,2008 Page 10 Neal said we have had just enough conversations at staff level to know we haven't had our eye on it for any public facility. The one possibility that came to mind was affordable housing in this area that the private sector may not provide. Young said if we are talking about spending $1,000 to get more information that was okay,but if it is a request that is not tied to a specific use at a specific time, he would not support it because that would just be land speculation. Nelson agreed we should take a look at this in the long term to see if this will help achieve some of the goals we need to reach. She thought we should do some long-range planning and find out how much it costs before we decide. Aho asked what makes this property different from any other property that might come up for purchase. Just because MnDOT owns the property is that a better reason than if some private property owner owns a segment of property. He was a little confused as to why we are looking at it. Dietz said MnDOT is a willing seller and this is an opportunity we couldn't realize in other areas of the City because there are not many eight acre sites left. Young said he hoped there is something concrete in mind when this matter comes back to the Council. MOTION: Butcher moved, seconded by Nelson, to direct staff to submit a letter to MnDOT expressing the City's interest in the conveyance of the T.H. 312 excess right-of-way located at the southwest corner of the intersection of Eden Prairie Road and Scenic Heights Road. Motion carried 4-1-0,with Duckstad opposed. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. 2008 Guide Plan Update Jeremiah said this item was on the Workshop agenda earlier this evening. She reviewed the updated Guide Plan. She said there will be six months for other communities and agencies to review the plan after which staff will bring back the plan for formal review and adoption. Nelson asked if there is a comment period for the general public to comment and also a period of time for City Council input. Jeremiah said the general public can utilize the six-month review time as well. There have been two open houses for the public already, but we can use the six-month review time as well. The plan draft is on the website, and we welcome any comments from the public. CITY COUNCIL MINUTES February 12,2008 Page 11 MOTION: Aho moved, seconded by Duckstad, to direct Staff to distribute draft copies of the 2008 Guide Plan Update Plan to affected jurisdictions for the required 6 month review. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Amend Guidelines for Community Use of Parks and Recreation Rental Facilities Lotthammer said this item also relates to the ability to serve alcoholic beverages at the Community Center and is actually a change to the policy. There was a guideline for community use of the Parks and Recreation facilities that indicates it is not permitted. This would change the language so it still would not be permitted at locations adjacent to schools with the exception of certain designated places in the Community Center when administered by a licensed caterer. Nelson asked if having to use a caterer applies only if you are serving liquor or is it for all food occasions. Lotthammer said we are looking at an RFP process to select several caterers to work with. He said the situation is somewhat unique in that there is no support for caterers designed into the facility. He thought having a choice of several caterers would provide a variety of services for use of the facility. This would allow us to get a deposit from the caterers and set up a good working relationship with them. Nelson asked if using a caterer means no individual can bring in their own food when they rent a room for a birthday party or other private event. Lotthammer said that was correct. Nelson said she could see having a list of caterers, but she was not so sure someone should not be able to bring treats for a meeting of some kind. Lotthammer said that was the way we anticipated it; however, we can look at a threshold for that sort of event. Butcher thought it is not just a matter of bringing in the food, but also the cleanup and other considerations that would be connected with the fee for the caterers. Young thought a lot of people would have the desire to rent a room at the Community Center,but hiring a caterer would not be part of their plan. Lotthammer said they will have a package for birthday parties, and customers would have the ability to contract with us through the concession process. He said we can look at how we make that determination. It is important to determine how that complies with health standards which would mean food must be pre-packaged. There is a threshold we can set where you could bring in prepackaged goods. He thought it would be important to make that clear to the caterers so they know people can't get around the rules. CITY COUNCIL MINUTES February 12,2008 Page 12 Neal asked Mr. Lotthammer what the timeline for this item is and if we have time to look at the issue more fully. Lotthammer said the question tonight is to change the policy to allow alcohol to be served. The other question is at what level we would allow people to bring in their own food and beverages into the facility. This item relates to whether to include the alcohol piece in the RFP. Butcher said parents and kids are really used to bringing prepackaged food to serve as it is the School District's policy, so we might want to take a look at their policy. Nelson said she still has a problem with situations such as a family of 20 people for a party who would not be allowed to bring their own food. She hated to cut out the whole idea that an invitation-only family event where non-prepackaged food would be provided could not be held at the Community Center if they cleaned up and brought their own dishes. She thought some people who would be forced to use a caterer might not be able to have the event. She wanted to see more information on how we could make it so a family from the community could use the facility without having to use the caterers. Lotthammer said we can address that and look into the health code provisions. Young said we clearly won't be able to accommodate every use of the rooms. He thought we need a clear standard that talks about prepackaged food and is well publicized. Neal said the actual motion requested tonight is to amend the policy in order to permit alcoholic beverages at the Community Center. He asked if the item tonight includes the issue regarding requiring the use of the caterers. Lotthammer said the hope was just to deal with the serving of alcoholic beverages tonight but the feedback was good. He added some of the information to show this is a broader issue than just serving alcohol. We could put together a suggested guideline or policy to give guidance on the serving of prepackaged food. Neal asked if it is possible to adopt the motion tonight yet still allow time for staff to address some of these concerns and bring something back that addresses those concerns at a future meeting. Mr. Lotthammer said it was. Neal said this was reviewed by the Parks Commission, and they suggested we contact the School District just to let them know. He said he discussed it with the School Superintendent, and they did not have concerns about it as long as it is tightly regulated. MOTION: Butcher moved, seconded by Aho, to amend the policy entitled Guidelines for Community Use of Parks and Recreation Rental Facilities, Section XIV. Alcoholic Beverages, in order to permit alcoholic beverages at the Eden Prairie Community Center. Motion carried 5-0. CITY COUNCIL MINUTES February 12,2008 Page 13 2. Accept and Recognize Gifts and Donations For 2007 (Resolution No. 2008-29) Lotthammer said this item is to accept and recognize the gifts and donations to the City in 2007 which totaled over $936,000. Without these gifts and donations it would not be possible to enhance facilities or provide some of the programs for residents. Aho thanked everyone that was part of the list for their generosity and noted it is a real testament to the value of our community and the wonderful people and businesses we have here. Nelson said we have had many park benches donated and she was very appreciative of that. She asked what the process is for businesses that want to do more of that. Lotthammer said they can call the Parks and Recreation Department where they will be put in contact with Stu Fox who arranges for the bench and the plate on the bench. Most people have a spot in mind for the bench, and we work with them to site that bench into an appropriate place. We also have a promotional brochure explaining the process. He noted there has been quite a lot of interest in this during the past six months. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2008-29 accepting and recognizing the generous contributions and donations totaling over$936,091 from businesses and individuals to the City of Eden Prairie during 2007 as listed in exhibit 1 of the resolution. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Duckstad moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:20 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 4, 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. Temporary Liquor Organization: City of Eden Prairie Event: Wine Tasting Date: March 6, 2008 Place: The Garden Room Raffle Organization: Ducks Unlimited Place: Bearpath Golf& Country Club Date: April 22, 2008 - 1 - CITY COUNCIL AGENDA DATE: March 4, 2008 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Kinderberry Hill Janet Jeremiah/Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 5.13 acres and Zoning District Amendment in the Office Zoning District on 1.6 acres; and • Adopt the Resolution for Site Plan Review on 5.13 acres; and • Approve the Development Agreement for Kinderberry Hill; and • Approve and Authorize Issuance of a Grading Permit for Kinderberry Hill subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated December 7, 2007, as approved by the City Council. Synopsis This is final approval of the plans and development agreement for a 14,537 square foot daycare building and outside activity area. Background Information The 120-Day Review Period Expires on March 5, 2008 Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution—Site Plan Review 4. Development Agreement KINDERBERRY HILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 4-2008-PUD-4-2008 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 Office Zoning District 4-2008-PUD-4-2008 (hereinafter"PUD-4-2008-OFC). Section 3. The City Council hereby makes the following findings: A. PUD-4-2008-OFC is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2008-OFC is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-4-2008-OFC are justified by the design of the development described therein. D. PUD-4-2008-OFC 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 March 4, 2008, entered into between Trek Development, Inc., and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-4-2008-OFC, 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 Office District and shall be included hereafter in the Planned Unit Development 4-2008-OFC, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of December, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 4th day of March, 2008. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2008. EXHIBIT A PUD Legal Description — Kinderberry Hill Outlot C, Bluff Country Village, City of Eden Prairie, Hennepin County Minnesota and reserving easement of record KINDERBERRY HILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 4-2008-PUD-4-2008 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 Hennepin Town Road& Pioneer Trail within the Office Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk 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.) KINDERBERRY HILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR KINDERBERRY HILL BY TREK DEVELOPMENT, INC WHEREAS, Trek Development, Inc., has applied for Site Plan approval of Kinderberry Hill to construct a daycare facility, by an Ordinance approved by the City Council on March 5, 2008; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its November 14, 2007 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its December 18, 2007 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Kinderberry Hill based on the Development Agreement between Trek Development, Inc. and the City of Eden Prairie, reviewed and approved by the City Council on March 4, 2008. ADOPTED by the City Council of the City of Eden Prairie this 4th day of March, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT KINDERBERRY HILL THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of March 4, 2008,by Trek Development,Inc. ,Minnesota corporation ,hereinafter referred to as"Developer,"its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 5.13 acres, Planned Unit Development District Review with waivers on 5.13 acres, Zoning District Amendment within the Office Zoning District on 5.13 acres, Site Plan Review on 5.13 acres, and Preliminary Plat of 5.13 acres into 2 lots and 1 outlot, 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 on 5.13 acres, 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 December 7, 2007, reviewed and approved by the City Council on December 18, 2007, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. CROSS ACCESS AND MAINTENANCE AGREEMENT: A. 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 Lot 1, Block 1 Bluff Country Village 3rd Addition of the Property that provides cross access to Lot 2, Block 1 Bluff Country Village 3rd Addition and to Lot 1,Block 2 Bluff Country Village,adjacent to the Property. This Agreement must be consistent with that certain Declaration of Easements, Covenants,Conditions and Restrictions dated August 2,2000,filed August 22,2000 as Document No. 7342033 in the office of the County Recorder,Hennepin County, Minnesota (the "Declaration") affecting 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 drives,private sanitary sewer, storm sewers, and infiltration areas. 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. B. Any capitalized term used in this paragraph 3.B and not otherwise defined in this Agreement shall have the meaning ascribed to such term in the Declaration. With respect to the Declaration, the parties hereto hereby agree as follows: (1) As between the Owners of Outlot A, and Lots 1 and 2, Block 1, Bluff Country Village 3rd Addition, the Owners of said Lots 1 and 2 each shall be responsible for paying, and shall pay, one-half(1/2) of any portion of the costs of maintaining and repairing the Driveway and the Sanitary Sewer Line that is charged by the Owner of Parcel B against the Owners of said Outlot A and said Lots 1 and 2 pursuant to paragraphs 3.4 and 3.5 of the Declaration, and the Owner of said Outlot A shall have no responsibility whatsoever for the payment thereof. (2) The City shall be responsible for performing the maintenance and repair obligations contained in paragraph 3.6 of the Declaration and may not and shall not charge the other owners for all or any portion of the costs of such maintenance and repair. (3) Developer and Hustad Investment Corporation hereby agree to use commercially reasonable efforts to cause the parties to the Declaration and/or the current Owners (as such term is defined in the Declaration) to amend the Declaration (1) to incorporate the provisions set forth in clauses (1) and(2) above, (ii) to provide that paragraph 6 of the Declaration(Insurance) does not apply to the City as Owner of said Outlot A, and(iii) in such other respects as the City may reasonably request to make clear that the City has no obligations with respect to the maintenance and repair, and no liability with respect to the disrepair, of the Driveway and the Sanitary Sewer Line, including appropriate indemnification provisions in the City's favor. 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. FUTURE DEVELOPMENT: Developer acknowledges that the City has approved development plans only for proposed Lot 1,Block 1,Bluff Country Village 3rd Addition,as depicted in the Plans. Prior to any development or construction on proposed Lot 2,Block, 1, Bluff Country Village 3rd Addition,as depicted in the Plans,Developer shall be required to submit detailed development plans,and all other submittals required by the Eden Prairie City Code, and obtain approval of those plans and submittals by the Planning Commission and City Council. The future owner of Lot 2,Block 1,Bluff Country Village 3rd Addition shall be required to provide 4 parking spaces for the use of Lot 1,Block 1,Bluff Country Village 3rd Addition. 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. 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. 10. 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 44 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. 11. 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. 12. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Hustad Investment Corporation 13. PROOF OF PARKING SPACES: Developer and City acknowledge that the 26 proof of parking spaces proposed for the Property, depicted in the Plans, are designated for use by Kinderberry Hill and that said spaces are not required to be constructed at this time. The owner of Lot 2, Block 1, Bluff Country Village 3rd Addition shall be required to provide 4 parking spaces for the use of Lot 1, Block 1, Bluff Country Village 3rd Addition. At such time as the City Manager,in his or her sole discretion,determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the Kinderberry Hill use,the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number, location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 14. 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 agrees that the materials to be used shall be compatible with those used on adjacent lands within the Bluff Country Village development area. 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. 15. SIDEWALK AND TRAIL CONSTRUCTION:Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Prior to release of any portion of the final plat,Developer shall convey to the city easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located on the east side of Hennepin Town Road from Pioneer Trail to the northeast corner of the plat as depicted in the Plans. Prior to building permit issuance,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 sidewalk as required by City Code.Developer shall complete the implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 16. 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. 17. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 18. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of public storm sewer for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public 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. 19. TRASH AND RECYCLING ENCLOSURES: Developer shall submit to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash and recycling enclosures for the Property as depicted in the Plans. These trash enclosures shall be constructed with face brick to match the buildings,include a metal roof to match the buildings,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. 20. TREE REPLACEMENT: Tree loss related to development on the Property is calculated at 904 diameter inches. A total of 29 caliper inches shall be replaced on Lot 1,Block 1 Bluff Country Village 3rd Addition. The remaining 875 caliper inches shall be replaced in Lot 2, Block 1 Bluff Country Village 3rd Addition and Outlot A Bluff Country Village 2nd Addition. 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 29 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. 21. 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 Delineation Report and Wetland Buffer Strip Evaluation Report and receive written approval from the NMCWD of the delineation ("Buffer 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. The U.S. Army Corps of Engineers permit (USACOE Permit 00-01156-JJY) included a requirement for mitigation for impacts from filling of a portion of the wetland and adverse impacts to the remaining wetland due to excavation for treatment of stormwater and increasing the 10-year storm event level by two(2)feet. The Riley-Purgatory-Bluff Creek Watershed District permit(99-53)was issued for the wetland fill only. The Developer must provide documentation that the USACOE conditions for the remaining wetland were met. This includes no addition of untreated stormwater outfalls to the remaining wetland that were not shown in the permit documents, disturbed areas were re-seeded or planted to promote habitat values and that noxious weeds were controlled. 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. 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 monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 pounds per foot green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long(2.25"x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch(3"x 8"). The sign shall be mounted flush with the top of the post and shall include the statement"Wetland Buffer:No Mowing Allowed" or "Wetland Buffer: Vegetation Clearing Limit". The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. D. 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 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 4th day of March,2008,by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008,by , the , of , 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 A DEVELOPMENT AGREEMENT - KINDERBERRY HILL Legal Description Before Final Plat Outlot C, BLUFF COUNTRY VILLAGE, City of Eden Prairie, Hennepin County, Minnesota Legal Description After Final Plat Lots 1-2 and Outlot A, BLUFF COUNTRY 3RD ADDITION, City of Eden Prairie, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT - KINDERBERRY HILL Sheet C-1, Preliminary Plat dated 12/03/07 by Hedlund Sheet C-2,Utility Plan dated 12/03/07 by Hedlund Sheet C-3, Existing Conditions dated 12/03/07 by Hedlund Sheet CG-1, Grading Plan-Conceptual dated 12/03/07 by Hedlund Sheet CE-1, Erosion Control Plan dated 12/03/07 by Hedlund Sheet CE-2, Erosion Control Details dated 12/03/07 by Hedlund Sheet A, Drainage Area Map for Infiltration Basin dated 12/03/07 by Hedlund Sheet SP2.2, Site Plan dated 12/06/07 by Rylaur, LLC Sheet SP2.3, Proof of Parking Plan dated 12/06/07 by Rylaur, LLC Sheet SP3.1, Site Details dated 10/04/07 by Rylaur, LLC Sheet SP3.2, Site Details dated 12/06/07 by Rylaur, LLC Sheet L1, Landscape Plan dated 12/06/07 by HTPO Sheet ES 1, Site Lighting Plan dated 10/04/07 by M&E Engineering, Inc Sheet A2.1, Floor Plan dated 10/04/07 by Rylaur, LLC Sheet A2.2, Roof Plan dated 10/22/07 by Rylaur, LLC Sheet A4.1, Exterior Elevations dated 12/06/07 by Rylaur, LLC EXHIBIT C DEVELOPMENT AGREEMENT - KINDERBERRY HILL 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: HUSTAD INVESTMENT CORPORATION 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 - KINDERBERRY HILL OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN TREK DEVELOPMENT, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of March 4,2008,by and between Hustad Investment Corporation,a Minnesota corporation,("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 Amendment within the Office Zoning District,Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of March 4,2008,by and between Trek Development,Inc. , a Minnesota corporation,and City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If Trek Development, Inc. fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Office Zoning District, Resolution No. for Site Plan Review, 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_The City hereby acknowledges and agrees that the Developer anticipates conveying Lot 1, Block 1, Bluff Country Village 3rd Addition(the "New Horizon Property"; hereinafter, the Property, excluding the New Horizon Property shall be referred to as the "Remaining Property") to New Horizon Real Estate Development, LLP ("New Horizon"). To the extent Owner transfers the New Horizon Property to New Horizon, Owner shall obtain an agreement from New Horizon requiring that it agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement with respect to the New Horizon Property and that any such obligations of New Horizon as "Developer"under the Development Agreement shall only extend to the New Horizon Property. Developer shall remain obligated to perform all of its obligations as Developer under the Development Agreement with respect to the Remaining Property. 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) Its Phil Young Its Mayor By (NOT TO BE SIGNED) By (NOT TO BE SIGNED) Its Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 4th day of March,2008,by Phil Young and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by , the of , a Minnesota , on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat Outlot C, BLUFF COUNTRY VILLAGE, City of Eden Prairie, Hennepin County, Minnesota Legal Description After Final Plat Lots 1-2 and Outlot A, BLUFF COUNTRY 3RD ADDITION, City of Eden Prairie, Hennepin County, Minnesota OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN TREK DEVELOPMENT,INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of March 4,2008,by and between Hustad Investment Corporation,a Minnesota corporation,("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 Amendment within the Office Zoning District,Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of March 4,2008,by and between Trek Development,Inc. , a Minnesota corporation,and City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 2. If Trek Development, Inc. fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Office Zoning District, Resolution No. for Site Plan Review, 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_The City hereby acknowledges and agrees that the Developer anticipates conveying Lot 1, Block 1, Bluff Country Village 3rd Addition(the "New Horizon Property"; hereinafter, the Property, excluding the New Horizon Property shall be referred to as the "Remaining Property") to New Horizon Real Estate Development, LLP ("New Horizon"). To the extent Owner transfers the New Horizon Property to New Horizon, Owner shall obtain an agreement from New Horizon requiring that it agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement with respect to the New Horizon Property and that any such obligations of New Horizon as "Developer"under the Development Agreement shall only extend to the New Horizon Property. Developer shall remain obligated to perform all of its obligations as Developer under the Development Agreement with respect to the Remaining Property. 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 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 4th day of March,2008,by Phil Young and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by , the of , a Minnesota , on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A -OWNERS SUPPLEMENT Legal Description Before Final Plat Outlot C, BLUFF COUNTRY VILLAGE, City of Eden Prairie, Hennepin County, Minnesota Legal Description After Final Plat Lots 1-2 and Outlot A, BLUFF COUNTRY 3RD ADDITION, City of Eden Prairie, Hennepin County, Minnesota CITY COUNCIL AGENDA DATE: March 4, 2008 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Presbyterian Homes of Eden Janet Jeremiah Prairie Redevelopment Scott Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial on 21.3 acres; and • Adopt the Resolution for Site Plan Review on 21.3 acres; and • Approve the Development Agreement for Presbyterian Homes Synopsis This project includes 707 housing units and 70,000 square feet of retail and restaurant uses to be constructed in three phases between 2008 and 2012. Presbyterian Homes Housing and Assisted Living, Inc. has signed the agreement. 605 Prairie Center Drive, LLC and Jack Lehtinen and Carolyn Lehtinen have not signed the agreement since they will not take ownership of the property until April. For this reason the ordinance and resolution are prepared with conditions as summarized below. • The approvals granted by the City as set forth in the Ordinance and Resolution are contingent upon receipt by the City of a fully-executed and acknowledged Developer's Agreement" no later than April 30, 2008 with the signatures from 605 Prairie Center Drive, LLC and Jack Lehtinen and Carolyn Lehtinen. • The Ordinance and Resolution become effective from and after passage, publication of the Ordinance and receipt by the City of the Developer's Agreement as set forth above. Publication will not occur until the City has received the Costco Developer's Agreement. If the City does not receive the Costco Developer's Agreement by April 30. 2008 the approvals granted are null and void. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution—Site Plan Review 4. Development Agreement PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-2008-PUD-5-2008 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 RM-2.5, RM-6.5 and Commercial Regional Service Zoning Districts and be placed in the Planned Unit Development RM-2.5 and Community Commercial Zoning District 5-2008-PUD- 5-2008 (hereinafter "PUD-5-2008-RM-2.5 and Community Commercial"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 4, 2008, entered into between Presbyterian Homes Housing and Assisted Living, Inc., 605 Prairie Center Drive, LLC and Jack Lehtinen and Carolyn Lehtinen, and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-5-2008-RM-2.5 and Community Commercial, and are hereby made a part hereof Section 4. The City Council hereby makes the following findings: A. PUD-5-2008-RM-2.5 and Community Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2008-RM-2.5 and Community Commercial 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-5-2008-RM-2.5 and Community Commercial are justified by the design of the development described therein. D. PUD-5-2008-RM-2.5 and Community Commercial is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. Contingent upon receipt by the City and filing by the Developer with the Registrar of Deeds or County Recorder as applicable of a fully-executed and acknowledged "Presbyterian Homes Eden Prairie Redevelopment Development Agreement" between Presbyterian Homes Housing and Assisted Living, Inc., 605 Prairie Center Drive, LLC and Jack Lehtinen and Carolyn Lehtinen, and the City of Eden Prairie no later than April 30, 2008, the proposal is hereby adopted and the land shall be, and hereby is removed from the RM-2.5, RM- 6.5 and Commercial Regional Service Zoning Districts, and placed in the RM-2.5 and Community Commercial Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-5-2008- RM-2.5 and Community Commercial and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage, publication, receipt by the City and filing with the Registrar of Deeds or County Recorder as applicable of the Presbyterian Homes Eden Prairie Redevelopment Development Agreement as set forth in Section 5 above. Publication shall not occur until the City has received the Presbyterian Homes Eden Prairie Redevelopment Development Agreement. If the City does not receive and if the Presbyterian Homes Eden Prairie Redevelopment Development Agreement is not filed as set forth in Section 5 above by April 30, 2008, the approvals granted herein are null and void. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the th 13 day of November, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 4th day of March, 2008. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on EXHIBIT A PUD Legal Description — Presbyterian Homes Eden Prairie Redevelopment Legal Description Before Final Plat Parcel 1: Lot 1,Block 1; also Outlot C; all in Columbine Road Addition, according to the recorded plat thereof,Hennepin County, Minnesota. (torrens property, certificate of title no. 1195378 which includes additional property) Parcel 2: Tract A: Unit No. 201 (A Wing)Condominium No. 274,Castle Ridge Retirement Community, a condominium, Hennepin County,Minnesota. Tract B: Unit No. 410(C Wing) Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County,Minnesota. Tract C: Unit No. 412 (C Wing) and Garage Unit No. 6, Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract D: Unit No. 300(A Wing), Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County,Minnesota. Tract E: Unit No. 222 (B Wing) and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract F: Unit No. 224(B Wing) and Garage Unit No. 11, Condominium No. 274,Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract G: Unit No. 226(B Wing) and Garage Unit No. 2, Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract H: Unit No. 423 (B Wing), Condominium No. 274,Castle Ridge Retirement Community, a condominium, Hennepin County,Minnesota. Tract I: Unit No. 213 (C Wing), Condominium No. 274, Castle Ridge Retirement Community, a condominium, Hennepin County,Minnesota. Tract J: Unit No. 312 (C Wing) and Garage Unit No. 13, Condominium No. 274,Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract K: Unit No. 314(C Wing) and Garage Unit No. 4, Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract L: Unit Nos. 427 and 429 (B Wing) and Garage Unit No. 5, Condominium No. 274, Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. Tract M: Parcel 1: Units in A Wing: Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108, 200,202,203, 204,205,206, 207,208, 301, 302, 303, 304, 305, 306, 307, 308,400,401,402,403,404,405,406,407 and 408. Units in B Wing: Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,221,223, 225,227,228, 229,230, 321, 323, 328, 326, 327, 328, 329, 330,421,422,424,425,426,428 and 430. Units in C Wing: Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,209, 210,211,212,214,215, 216,217, 218,219, 309, 310, 311, 313, 315, 316, 317, 318, 319,409,411,413,415,416,417, 418 and 419. Units in D Wing: Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158, 250, 251,252, 253,254,255, 256,257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358,450,451,452,453,454,455,456,457 and 458. Units in E Wing: Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169,259, 260,261,262,263,264, 265,266, 267,268,269, 259, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369,459,460, 461,462,463,464,465,466,467,468 and 469. Units in F Wing: Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271,272, 273,274,275, 276,277, 278,279, 280, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380,471,472,473,474,475,476, 477,478,479 and 480. Garage Unit Nos. 1, 3, 7, 9, 10, 12, 14, 15, 17, 18, 19, 20,21,22,23, 24,25,26,27 and 28. All in Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Parcel 2: Unit Nos. 322 and 324(B Wing); Unit No. 414(C Wing); and Garage Unit No. 16; All in Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin County,Minnesota. Tract N: Unit No. 500 also referred to as Garage Unit No. 500, Condominium No. 274, Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. (abstract property as to all of Parcel 2) Parcel 3: Lot 1,Block 2, Castle Ridge, according to the recorded plat thereof,Hennepin County,Minnesota. (abstract property) Parcel 4: Lot 2,Block 1,Fountain Place, according to the recorded plat thereof,Hennepin County, Minnesota. (abstract property and torrens property, certificates of title nos. 1148193 and 1148193.5) Note: The registered(torrens)portion of Parcel 4 is described as follows: Lot 2,Block 1, Fountain Place, except that part embraced within the plat of Castle Ridge. Tract 0: That part of Castlemoor Drive as dedicated on the plats of CASTLE RIDGE and COLUMBINE ROAD ADDITION, according to the recorded plats thereof,Hennepin County,Minnesota lying easterly of the easterly right-of-way of Columbine Road and southwesterly of the southwesterly right-of-way of Prairie Center Drive. Legal Description After Final Plat: Lots 1-5,Block 1, Castle Ridge 2nd Addition,Hennepin County,MN. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 5-2008-PUD-5-2008 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: Summary: This ordinance allows rezoning of land located southwest of Prairie Center Drive, east of Columbine Rd&west of Hwy 212 from the RM-2.5, RM-6.5 and Commercial Regional Service Zoning Districts to the RM-2.5 and Community Commercial Zoning Districts on 21.3 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2008. (A full copy of the text of this Ordinance is available from City Clerk.) PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. WHEREAS, Presbyterian Homes Housing and Assisted Living, Inc., 605 Prairie Center Drive, LLC and Jack Lehtinen and Carolyn Lehtinen (hereinafter sometimes referred to as the "Developer") have applied for Guide Plan Change from High Density Residential and Regional Commercial to High Density Residential and Community Commercial on 21.3 acres, Planned Unit Development Concept Review on 21.3 acres, Planned Unit Development District Review with waivers on 21.3 acres, Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial on 21.3 acres, Site Plan Review on 21.3 acres, and Preliminary Plat of 21.3 acres into 5 lots and road right-of-way; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 8, 2007 meeting and recommended approval of said Guide Plan Change from High Density Residential and Regional Commercial to High Density Residential and Community Commercial on 21.3 acres, Planned Unit Development Concept Review on 21.3 acres, Planned Unit Development District Review with waivers on 21.3 acres, Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial on 21.3 acres, Site Plan Review on 21.3 acres, and Preliminary Plat of 21.3 acres into 5 lots and road right-of-way; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 13, 2007 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that, contingent upon receipt by the City and filing with the Registrar of Titles or County Recorder as applicable by the Developer of a fully-executed and acknowledged "Presbyterian Homes Eden Prairie Redevelopment Development Agreement" dated March 4, 2008 between Presbyterian Homes Housing and Assisted Living, Inc., 605 Prairie Center Drive, LLC and Jack Lehtinen and Carolyn Lehtinen, and the City of Eden Prairie no later than April 30, 2008, approval be granted to Presbyterian Homes Housing and Assisted Living, Inc., 605 Prairie Center Drive, LLC and Jack Lehtinen and Carolyn Lehtinen, based on plans dated February 6, 2008. BE IT FURTHER RESOLVED THAT this Resolution shall become effective from and after its passage, publication, and receipt by the City and filing with the Registrar of Titles or County Recorder as applicable of the fully executed and acknowledged Presbyterian Homes Eden Prairie Redevelopment Development Agreement. If the City does not receive and if the Presbyterian Homes Eden Prairie Redevelopment Development Agreement is not filed with the Registrar of Title and County Recorder as applicable as set forth above by April 30, 2008, the approval granted herein is null and void. ADOPTED by the City Council of the City of Eden Prairie this 4th day of March, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of March 4, 2008,by Presbyterian Homes Housing and Assisted Living Inc.("PHHAL"),a Minnesota non- profit corporation,its successors and assigns,605 Prairie Center Drive,LLC,a Minnesota limited liability company, its successors and assigns, Jack Lehtinen and Carolyn Lehtinen, their heirs, successors and assigns(collectively"605/Lehtinen"and collectively with PHHAL, "Developer") and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City." Current and future owners of the Property(defined below) are referred to herein as "Owners." WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from High Density Residential and Regional Commercial to High Density Residential and Community Commercial on 21.3 acres,Planned Unit Development Concept Review on 21.3 acres,Planned Unit Development District Review with waivers on 21.3 acres, Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial on 21.3 acres, Site Plan Review on 21.3 acres,and Preliminary Plat of 21.3 acres into 5 lots and road right-of-way, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change,Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from RM-2.5, RM-6.5 and Commercial Regional Service to RM-2.5 and Community Commercial on 22.08 acres, Resolution No. for Site Plan Review,and Resolution No. for Preliminary Nat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: The Plans contemplate the development of the Property in three phases (hereinafter referred to as "Phase 1," "Phase 2" and "Phase 3" as identified in the Plans). 605/Lehtinent shall develop Phase 1 of the Property and PHHAL shall develop all subsequent phases of the Property in conformance with the materials revised and stamp dated February 6 2008, reviewed and approved by the City Council on March 4, 2008, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. The final plat will cover the first phase of the Property and subsequent plats will be necessary for the development of phases beyond the first phase. Reference to plat or final plat in this Agreement refer to the final plat approved in connection with this Agreement unless the language otherwise specifically refers to a plat in connection with subsequent phases of the Project. 2. EXHIBIT C: 605/Lehtinen agrees to the terms, covenants,agreements,and conditions set forth in Exhibit C-1. PHHAL agrees to the tennis,covenants,agreements,and conditions set forth in Exhibit C-2 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: A. 605/Lehtinen. In the event of a violation of City Code relating to use of Phase 1 of the Property, construction thereon or failure to fulfill an obligation imposed upon 605/Lehtinen pursuant to this Agreement, City shall give 605 Lehtinen 24 hours 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 Property while such a violation is continuing, unless waived by City. B. PHHAL. In the event of a violation of City Code relating to use of Phase 1 or any subsequent phase of the Property, construction thereon or failure to fulfill an obligation imposed upon PHHAL pursuant to this Agreement,City shall give PHHAL 24 hours 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 Property while such a violation is continuing, unless waived by City. C. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be deteunined solely and conclusively by the City Manager of the City or a designee subject to the right of appeal set forth in City Code Section 2.80. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: A. 605/Lehtinen. 605/Lehtinen 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 605/Lehtinen or 605/Lehtinen's consultants, contractors,subcontractors,suppliers and agents. 605/Lehtinen shall not be released from _z_ its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. B. PHHAL. PHHAL 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 PHHAL or PHHAL's consultants, contractors, subcontractors,suppliers and agents. PHHAL shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. DEVELOPER'S OBLIGATIONS: 605/Lehtinen is responsible for the completion of all Phase I obligations required herein and the obligation to construct and maintain the private drive located on Lot 5 within the private drive access easement referred to in paragraph 8 and to construct the wetland buffer referred to in paragraph 34. At such time as the median referred to in paragraph 17 is removed 605/Lehtinen shall no longer be responsible to maintain the private drive located on Lot 5 and that responsibility shall become the responsibility of PHHAL. PHHAL is responsible for the completion of the obligations applicable to all subsequent phases. 605/Lehtinen and PHHAL shall each have the right but not the obligation to cure a default by the other under this Agreement. 6. ACCESS TO PRAIRIE CENTER DRIVE: PHHAL shall provide at all times during the construction of the Development and between all Phases of the Development a direct and viable connection between the existing Fountain Place development and Prairie Center Drive shall be provided,except during the period of time necessary to install improvements at the entrance of Fountain Place. PHHAL shall provide Fountain Place management with 60 day notice of the installation of the improvements. Such improvements shall be constructed by PHHAL in a manner utilizing reasonable construction methods designed to minimize the period of time that the connection between the Fountain Place development and Prairie Center Drive is closed for said construction.This access is currently provided by Castlemoor Drive and upon completion of the project will be provided by the new north/south driveway connecting Prairie Center Drive and the traffic circle. PHHAL shall be responsible for constructing,if deemed necessary by the City Engineer,a temporary driveway and access to Prairie Center Drive to provide this connection. 7. CROSS ACCESS DRIVEWAY AGREEMENT: Prior to release by the City of the final plat for the 2nd and any subsequent phase of the Property, PHHAL shall provide a Cross Access Easement,over the private driveways and parking areas located within the Property for the benefit of Lot 1,Block 1,Fountain Place,adjacent to the Property. This Agreement shall address joint vehicle access and maintenance over the private driveways. These facilities shall be privately owned and maintained by the Developer, its successors and assigns. After approval by the City, PHHAL shall file the Cross Access Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat for the Property 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 or with,the consent of the holder(s) of such prior interests. -3.. Prior to building permit issuance for the 2nd and any subsequent phase of the Property, PHHAL shall submit to the City Engineer proof that the Access Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 8. CROSS ACCESS AND PRIVATE UTILITY EASEMENTS AND MAINTENANCE AGREEMENT: Prior to release of the final plat, PHHAL shall provide a private drive access easement for ingress and egress for the benefit of Lot 1 across that portion of Lot 5 identified on the Civil Site Plan Phase 1 of the Plans from Columbine Road to the temporary retaining wall. The form of the private drive access easement must be approved in writing by the City Engineer_ After approval by the City, PHHAL shall file the private drive easement with the Hennepin County Recorder/Registrar of Title,as appropriate,immediately after the recording of the final plat of the Property 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 release of the final plat,605/Lehtinen shall provide a private drive access easement for ingress and egress for the benefit of Lot 2 across that portion of Lot I identified on the Civil Site Plan Phase 3 of the Plans from Lot 1 to the private drive access referred to in the first sentence of this paragraph. The form of the private drive access easement must be approved in writing by the City Engineer. After approval by the City, 605/Lehtinen shall file the private drive easement with the Hennepin County Recorder/Registrar of Title, as appropriate, immediately after the recording of the final plat of the Property 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 release of the final plat for the 2nd and any subsequent phase of the Property, PHHAL shall provide a Cross Access and Private Utility Easement and Maintenance Agreement over the private driveways,parking lots,shared private sanitary sewer and water services,storm sewers and infiltration areas located within Lots 1-5 of 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 driveways,parking lots,shared private sanitary sewer and water services,storm sewers,and infiltration areas.All of these facilities shall be privately owned and maintained by PHHAL or its successor owners. After approval by the City,PHHAL shall file the Cross Access and Private Utility Easement and Maintenance Agreement with the Hennepin County Recorder/Registrar of Title,as appropriate,immediately after the recording of the final plat for the 2nd phase of the Property 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,PHHAL and 605/Lehtinen shall submit to the City Engineer proof that the private drive easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. Prior to the issuance of the first building permit for the 2nd phase of the Property, PHHAL shall submit to the City Engineer proof that the Cross Access and Private Utility Easement and Maintenance Agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. -4- 9. ENVIRONMENTAL INDEMNITY AND HOLD HARMLESS: Prior to release of the final plat for the Property, 605/Lehtinen and PHHAL, shall respectively enter into the Environmental Indemnity and Hold Harmless Agreement in the form attached as Exhibit D-1 and D-2 hereto. 10. EXTERIOR MATERIALS: Prior to building permit issuance for Phase 1 605/Lehtinen 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 Phase 1 of the Property. Prior to building permit issuance for Phase 2 and any subsequent phase PHHAL 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 Phase 1 of the Property, 605/Lehtinen shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. Prior to issuance of any occupancy permit for Phase 2 and any subsequent phase PHHAL shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 11. FAA NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION(7460-1): Prior to any building permit issuance for the high-rise housing to be constructed on Lot 5,Block 1 of the Property as depicted in the Plans, PHHAL shall submit to the Federal Aviation Administration a Notice of Proposed Construction or Alteration Form (7460-1) for the evaluation of the potential for permanent or temporary objects to affect navigable airspace and to abide by the recommendations of the FAA regarding this evaluation. 12. 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 work within Phase 1 605/Lehtinen shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for Phase 1. Prior to the release of a land alteration permit for work within Phase 2 and all subsequent phases PHHAL shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for such phases. The final grading and drainage plan shall include all wetland infoiiiiation, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stoiuuwater 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 for each phase, 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases 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. -5- 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall engage 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 as required above 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. Should the original design professional be unavailable or unwilling to be engaged for the above defined duties, the 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases will provide a replacement professional subject to the approval of the City Engineer. 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 605/Lehtinen as to Phase I 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 work within a particular phase must be submitted prior to release of the first building permit for that phase of the Development. 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 PHHAL as to all subsequent phases 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 work within a particular phase must be submitted prior to release of the first building permit for that phase of the Development 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall engage 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. Should the original design professional be unavailable or unwilling to be engaged for the above defined duties 605/Lehtinen as to Phase I and PHHAL as to all subsequent -6- phases will provide a replacement professional subject to the approval of the City Engineer 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 Stoiinwater 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 maintenance of Phase 1 Storm Water Facilities by 605/Lehtinent and after the two year period of maintenance of all subsequent phases Storm Water Facilities by PHHAL,the Owners 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 or hand held shovel or rake. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases, shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan(SWPPP)for such phase of 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,605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases, shall complete implementation of the approved SWPPP. 13. HENNEPIN COUNTY AMBULANCE SERVICE: PHHAL agrees to develop on the Property as part of Phase 2 construction and provide free of any charge an enclosed facility (the "Ambulance Facility") that provides for a Hennepin County Emergency Ambulance Service, its successors and/or assigns. This facility shall include space for one emergency ambulance, crew quarters and emergency monitoring equipment. The garage space and other needs are as follows: -7_ Current Ambulance Dimensions Width: 9' (measured from outside of mirrors) Length: 27'2" Height: 8'11" Dimensions for Garage Garage: 20' x 30' with 12' ceiling (600 sq ft) -truck washing capabilities with floor drain -shoreline power Optional: Construction of a drive-thru bay with direct access to road to allow for one-way access Additional Needs Lounge, kitchenette, bathroom, and storage City shall not hold PHHAL responsible for the acts or omissions of Hennepin County Emergency Ambulance Service,its successors and/or assigns. PHHAL shall not be required to construct the Ambulance Facility if PHHAL does not reach an agreement with Hennepin County that: (i)each party will be responsible for its own acts and the results thereof,to the extent authorized by law,and shall not be responsible for the acts of the other party and the results thereof;and(ii)the County,its governmental successors and assign's liability shall be governed by the provision if the Municipal Tort Claims Acts,Minnesota Statutes, Chapter 466. The County,its successors and assigns may relinquish its rights to the space at such time as the County or its successors and assigns determines the space is no longer necessary or needed for the provision of emergency ambulance services. The County or its successors and assigns shall provide PHHAL no less than 90 day prior written notice of its intention to relinquish the space to PHHAL which notice shall specify the date on which the space shall be relinquished. The County, its successors and assigns, shall remove all its personal property, including fixtures installed by the County or its successors and assigns and shall repair any damage to the space caused by the removal of personal property and fixtures. After relinquishing the space to PHHAL,the County, its successors and assigns shall have no further right to occupy and use the space. 14. IRRIGATION PLAN: A. Phase 1.605/Lehtinen shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on Phase I of the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. 605/Lehtinen shall complete implementation of the approved irrigation plan for a Phase 1 in accordance with the terms and conditions of Exhibit C-1 prior to issuance of any occupancy permit for Phase I of the Property. -8- B. Phase 2 and all subsequent phases. PHHAL shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on Phase 2 and all subsequent phases of the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. PHHAL shall complete implementation of the approved irrigation plan for Phase 2 and all subsequent phases in accordance with the terms and conditions of Exhibit C-2 prior to issuance of any occupancy permit for the phase associated with the irrigation system. 15. LANDSCAPE AND TREE REPLACEMENT PLAN: Prior to building permit issuance for Phase 1,605/Lehtinen shall submit to the City Planner and receive the City Planner's written approval of a final landscape and tree replacement plan for the Property depicting a total of 272 of the 5,234 caliper inches of landscape and replacement caliper inches required by ordinance. Prior to building permit issuance for all subsequent phases PHHAL shall submit to the City Planner and receive the City Planner's written approval of a final landscape and tree replacement plan for the Property depicting a total of 2,276 of the 5,234 caliper inches of landscape and replacement caliper inches required by ordinance.The difference in value between the site caliper inches required,and the caliper inches shown on the approved landscape and tree replacement plan is to be provided in upgrades to urban design elements. These elements are defined in paragraph 27 entitled"Site Amenities Plan and Construction Details." These elements have been deemed equivalent or in excess of the value of the difference in caliper inches. The approved landscape and tree replacement plans shall be consistent with the quantity,type,and size of plant materials shown on the landscape and tree replacement plan on the Plans. 605/Lehtinen 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 Phase I improvements as required by City Code. PHHAL 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 I50% of the cost of said improvements for all subsequent phases as required by City Code. Prior to issuance of any occupancy permit for Phase I of the Property 605/Lehtinen shall complete implementation of the approved landscape and tree replacement plan in accordance with the terms and conditions of Exhibit C-1.Prior to issuance of any occupancy permit for all subsequent phases of the Property PHHAL shall complete implementation of the approved landscape and tree replacement plan in accordance with the terms and conditions of Exhibit C-2 16. MECHANICAL EQUIPMENT SCREENING:605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases, 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. 605/Lehtinen shall complete -9- implementation of the approved plan prior to issuance of any occupancy permit for Phase 1 the Property and PHHAL shall complete implementation of the approved plan prior to issuance of any occupancy permit for all subsequent phases of 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 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases and 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases agrees that the City will not release the security provided 605/Lehtinen as to Phase I and PHHAL as to all subsequent phases until 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases completes all such corrective measures. 17. MEDIAN CLOSURE AT BUILDING A: The median opening shown on the Exhibit B Plans at the entrance to the proposed Building A(Drug Store)and located approximately 75 feet to the south and east of Columbine Road in Phase 1 is temporary. The access is permitted until such time that the access road adjacent to the proposed Building A is extended beyond its Phase 1 limits either permanently or for use by construction traffic. With any future extension of the access road beyond its Phase 1 limits, PHHAL shall immediately close the median opening. Prior to the release by the City of the final plat of the Property,PHHAL shall furnish to the City Engineer and receive the City Engineer's approval of a performance bond,cash escrow, 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") in an amount of $ 0,000 to secure the closure of the temporary median opening. The security shall be released only upon receipt of a written request by PHHAL and confirmation that the median opening is closed. . If the PHHAL fails to close the median opening within 30 days of the extension of the access road beyond its Phase 1 limits the City may draw upon the Security in whole or in part to pay the costs incurred by the City to close the median opening, including the City's administrative costs and attorneys'fees. The City is granted the right but not the obligation to enter the Property and complete the work necessary to close the median. 18. OUTDOOR SEATING AREAS ALONG COLUMBINE ROAD: PHHAL agrees to build six(6)outdoor seating areas along Columbine Road within the Property.Each outdoor seating area shall contain one bench,decorative paving,shade trees,shrubs,perennials,and annuals. Prior to building permit issuance for Phase 2, PHHAL agrees to submit final plans for the outdoor seating areas for review and written approval by the City Planner. The outdoor - 10_ seating areas shall be constructed concurrent with the development of Phase two and completed prior to occupancy permit. 19. PRAIRIE CENTER DRIVE TURN LANE IMPROVEMENTS: Prior to the connection of the proposed north/south driveway to Commonwealth Drive and prior to the issuance by the City of any occupancy permit for Phase 3 of the project(Retail Buildings B,E,F,G,H, and I and All Age Housing Building C) the PHHAL shall construct a right turn lane on Prairie Center Drive adjacent to the property at Commonwealth Drive. The turn lane improvements shall include widening Prairie Center Drive and relocating the concrete sidewalk to provide a six foot boulevard as depicted in the Plans.(Civil site plan phase 3) Prior to issuance by the City of any permit for the construction of the right turn lane on Prairie Center Drive adjacent to the Property,PHHAL shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for the turn lane and relocated concrete sidewalk. 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 Phase 2 of the Property,PHHAL shall furnish to the City Engineer and receive the City Engineer's written approval of a letter of credit,cash escrow or surety bond equal to 125% of the cost of constructing said improvements. A permit fee of 5% of construction value shall be paid to City by PHHAL prior to release of the final plat. The design engineer shall provide daily inspections, certify completion in conformance to approved plans and specifications and provide record drawings. 20. PRIVATE DRIVEWAY FOR PUBLIC USE: Prior to release by the City of the final plat for each phase of for the Property,PHHAL shall provide an easement granting ingress and egress access to the general public across that phase of the Property. The form of the Agreement must be approved in writing by the City Engineer. The easement shall include the following private driveway areas: • Castlemoor Drive between Columbine Road and the traffic circle. o The north/south driveway between Prairie Center Drive and the traffic circle. • The east / west driveway between Columbine Road and the 4-way intersection located just south of the Prairie Center Drive/Commonwealth Drive intersection. Prior to building permit issuance PHHAL shall submit to the City Engineer proof that the Access Easement to the General Public has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 21 PROJECT PHASING: The Property is shown to be constructed in three separate phases as depicted in the Exhibit B Plans. Each phase of construction shall be completed according to the phasing plan details depicted in the Plans, including but not limited to, grading, drainage, utilities, buildings, drive lanes, parking, landscaping, and site amenities. Each phase of construction shall include transitional grading and restoration so the limits of each phase are physically restored to match grade and blend with the surrounding conditions. 11 - Prior to issuance of any permit for grading or construction for each phase of the Property, 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall submit to the City and obtain the City's written approval of construction details for each phase of the Property consistent with the Exhibit B Plans. Prior to issuance of any permit for grading or construction for each phase of the Property, 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall furnish to the City and receive the City's approval of the required surety(s) as defined in this Agreement for each phase of the Property. All phases shall be completed by December 31,2012 unless an extension is requested,which shall require an amendment to this Agreement. 22. PUBLIC ART: PHHAL shall construct public art in the areas shown in the Plans. Prior to building permit issuance with any phase where public art is proposed PHHAL shall submit plans for public art for review and approval by the Eden Prairie Arts and Cultural Commission. Public art shall be constructed concurrent with the development of each Phase in which public art is shown in the Plans and completed prior to occupancy permit. 23. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the RM-2.5 and Community Commercial Zoning Districts through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD RM-2.5 District 1. Density of 55 units per acre for building C and D. Code maximum is 17.4 units per acre. 2. Gross Site Area of 790 sq.ft.per unit for buildings C and D. Code requires 2,500 sq. ft. per unit. 3. Building height of I53 feet for building C and D. Code maximum is 45 feet. 4. Parking of.8 spaces per unit for senior high rise building D. Code requires 2 spaces per unit. 5. Structure setback from Wetland setback buffer Community Commercial District 1. Lot size less than 5 acres for lots 1-4. Code minimum is 5 acres. 2. Floor Area Ratio of.873 for building E. Code maximum is .40. 3. Building height of 36 feet for building A. Code maximum is 30 feet. 4. Building height of 52 feet for mixed use retail building E. Code maximum is 30 feet. 5. Exterior building materials of less than 75%face brick, glass, and natural stone for buildings. - 12- 6. Parking of 1 space per unit for affordable senior residential above retail building E. Code requires 2 spaces per unit. 7. Front yard setback to building of30 feet from Prairie Center Drive for building F and H. Code requires 35 feet. 8. Front yard setback to parking of 17.5 feet from Prairie Center Drive for building A and B. Code requires 35 feet. 24. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, 605/Lehtinen as to Phase 1 and PHHA>r,,as to all subsequent phases 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. 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases 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 each phase of the Property. 25. SIDEWALK AND TRAILS FOR PUBLIC USE: Prior to release by the City of the final plat for the each phase of the Property, 605/Lehtinen and PHHAL shall each provide easement(s) granting use of sidewalk and trail facilities on that portion of the Property owned by each to the general public. The form of the Agreement must be approved in writing by the City Engineer. The easements shall include the following private sidewalk and trail areas: • Castlemoor Drive between Columbine Road and the traffic circle. • The north/south driveway between Prairie Center Drive and the traffic circle • The east / west driveway between Columbine Road and the 4-way intersection located just south of the Prairie Center Drive/Commonwealth Drive intersection. • The sidewalk area connecting the traffic circle with the Prairie Center Drive that passes between Building E and G and through the pedestrian gathering area adjacent to Building F. • The sidewalk area adjacent to Flying Cloud Drive(Highway 212) and the sidewalk connecting Flying Cloud Drive to the traffic circle along the south property line. Prior to building permit issuance for each phase, 605/Lehtinen and PHHAL shall each submit to the City Engineer proof that the Sidewalk and Trail Easements to the General Public has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 26. SIGNS: 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall file with the City Planner and - 13 - 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 infoi in the City of the kind,size,material construction,and location of any such sign in accordance with the requirements of City Code, Section 11.70. 27. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS: Prior to building permit issuance for each phase of the Property, 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases, shall submit to the City Planner and obtain the City Planner's written approval of a Site Amenities Plan, including construction details, for that phase of the Property consistent with the Exhibit B Plans and to meet the pedestrian focus of the Major Center Area Study. The Site Amenities Plan shall include,but not be limited to the following,all as show on the approved Plans (landscape and plan details): Decorative fencing along the top of retaining walls pursuant to the Plan or as required by Building Code; decorative monuments and fencing for all monument signs at entrances; individual colored concrete pavers for the traffic circle,all plazas in front and adjacent to all retail buildings, within the development plaza area adjacent to buildings F, development entry between buildings H and I, courtyard entry of buildings C and D,pedestrian crossing link,parkway crossing,and drop-off circle; concrete pavers for all crosswalks that connect between retail buildings;seating walls with cut stone tops within the development plaza area adjacent to building F and along sidewalk west of the development plaza area;bike racks at all retail buildings;bollards and lighted bollards along sidewalk west of development plaza area, at pedestrian crossing link, parkway crossing, and residential entry court; trash receptacles in front of all retail buildings;benches in front of all retail buildings and within the development plaza area; precast concrete planter pots in front of all retail buildings, courtyard entry,and residential entry court;tree grates for all trees planted in all retail plaza areas, and within north/south parkway sidewalks; decorative pedestrian lighting fixtures in all retail plazas,development entry between buildings H and I,traffic circle,along both sides of the north/south and east/west parkways;hanging flower baskets on the decorative lighting fixtures in the development entry between buildings H and I, and on the decorative pedestrian lighting fixtures along both sides of the north/south parkway; precast stone fountain within the development entry between buildings H and I;cascading fountain in the development plaza area; fountain in the courtyard entry; sculpture in the residential entry court; obelisk in center of traffic circle; scored concrete sidewalks along both sides of the north/south parkway; annuals and perennials at all monument signs at entrances, around outside of the traffic circle,at primary development monument between buildings H and I,at north corner monument of building A, along west side of development plaza area, along pedestrian crossing link, and along center of north/south parkway. All the above amenities shall be implemented in accordance with and as depicted in the Plans. No permit shall be issued for any improvement to be constructed by Developer's tenants,including but not limited to restaurant tenants,until the City has approved in writing the plans for such improvements. The quality of all amenities to be installed and or - 14- constructed by Developer's tenants shall be equal to or greater than what is required by the Plans. 28. SITE LIGHTING: Prior to building permit issuance, 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall submit to the City Planner and receive the City Planner's written approval of a plan for all decorative and standard site lighting fixtures to be located on the Property. All standard parking lot pole lighting located in the parking field for the retail area shall consist of downcast cut off shoebox fixtures using flat Ienses not to exceed 30 feet in height. All decorative pedestrian lighting fixtures shall be no greater than 16 feet in height and all decorative lighting along vehicle parkway shall not exceed 18 feet in height as depicted in the Plans. 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for each phase of the Property. 29. 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 G,shall be signed by the Owner(s)of the Property with the City for streetscape improvements in an amount not to exceed: A. $82,800.00 which is based on$300 per lineal foot of frontage along Prairie Center Drive as to property owned by 605/Lehtinen, its successors and assigns. B. $324,600 which is based on $300 per lineal foot of frontage along Prairie Center Drive as to property owned by PHHAL, its successors and assigns. All streetscape improvements for that portion of Prairie Center Drive fronting the Property shall be completed contemporaneously with the development of Phase 3 of the PHHAL property. In the event that PHHAL or its successors or assigns requests an extension for completion of Phase 3,the Developer or then current Owners shall executed, upon request from the City a new Special Assessment Agreement to reflect anticipated costs of the streetscape at the requested time of Phase 3 development. 30. SPECIAL SERVICES DISTRICT: At such time as City requests, 605/Lehtinen and PHHAL shall separately file a petition with the City of Eden Prairie in form and substance as attached hereto on Exhibit E and hereby consents to the establishment of a special service district by the City under Minnesota Statutes § 428A.01 to 428A.101. 605/Lehtinen and PHHAL waive 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 object under§428A.02,Subd. 4 (2) and (3) to a levy that does not exceed the sum of$6,000 increased annually by 5% starting in 2009 as to property owned by 605/Lehtinen, its successors and assigns and the sum of$24,000 increased annually by 5%starting in 2009 as to property owned by PHHAL, its successors and assigns;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. 605/Lehtinen and PHHAL waive 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. 605/Lehtinen and PHHAL each 15- hereby release the City, its officers,agents and employees from any and all liability related to or arising out of the establishment of the special service district. 605/Lehtinen and PHHAL shall not sell, assign or otherwise transfers 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 both 605/Lehtinen and PHHAL as members. The consents of the Developer shall expire if the special service district has not been established within five (5) years of the completion of development of all phases of the development as identified in the Plans on"Civil Site Plan Phase 3 " 31. TAX INCREMENT FINANCING AND AFFORDABLE HOUSING: PHHAL and City acknowledge that the project will include 130 affordable senior housing units through the use of Tax Increment Financing (TIF) from the City or other form of financial support provided by other governmental or other sources to assist PHHAL in making the affordable housing units financially feasible to provide. PHHAL shall make written application for TIF at such time prior to the start of construction of Phase 2 so as to allow the City to conduct its due diligence,hold the required public hearings and grant the required approvals. If,for any reason, the City does not adopt a program to provide TIF or other financial support no later than 120 days from submission of a complete application for TIF assistance,the affordable housing requirement is waived. 32. TRASH AND RECYCLING ENCLOSURES: 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall submit to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash and recycling enclosures for their respective phases of the Property as depicted in the Plans. These trash enclosures shall be constructed with face brick and stone to match the buildings, include a metal roof to match the buildings, and heavy duty steel gates that completely screen the interior of the enclosure. 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for said phase(s) Property. 33. VACATION OF CASTLEMOOR DRIVE RIGHT-OF-WAY: Prior to issuance of a land alteration permit, building permit or release of a final plat for Phase 2 or 3 of the Property (whichever occurs first), the following shall be required: PHHAL shall submit to the City Engineer(i)written evidence that it has identified all utilities located within the right-of-way of Castlemoor Drive; (ii) written evidence that all utility companies with infrastructure within the right-of-way have consented to the vacation of Castlemoor Drive right-of-way identified in the Plans, such document to be in form and content acceptable to the City, and (iii) that the PHHAL has a written agreement with each utility company to relocate or abandon existing utility lines if required by the utility company. Furthermore, prior to the issuance of a land alteration permit,building permit or release of a final plat for Phase 2 or 3 of the Property (whichever occurs first), the City Council shall have adopted a resolution vacating Castlemoor Drive right-of-way as presented in the Plans. PHHAL shall be responsible for all title work related to the vacation of Castlemoor Drive. - 16- Upon the vacation of Castlemoor Drive and until construction activities require its removal and / or modification, PHHAL consents to the use of the vacated portion of Castlemoor Drive by the public as if a public roadway. The City shall maintain the vacated Castlemoor Drive until the Developer begins construction of Phase 2 or Phase 3 of the project. 34. WETLAND PLAN: Prior to release of the final plat for the Property, 605/Lehtinen shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan for Phase 1. Prior to release of the final plat for the Property, PHHAL shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan for all subsequent phases of the Property.The approved Wetland Plan submitted by each shall be consistent with the materials and requirements shown on the Plans,consistent with each other and as required by City Code. The Plan submitted by each shall include the following elements. A. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the final plat for any portion of the Property,605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall each 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,605/Lehtinen as to Phase I and PHHAL as to all subsequent phases shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. B. Conservation Easement: Prior to release of the final plat for the Property and prior to the release of a final plat for any subsequent phase, PHHAL 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 - 17- Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and any final plat for a subsequent phase that is subject to the Conservation Easement and prior to recording of any document affecting the property including but not limited to any mortgage granted by the PHHAL or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property, PHHAL 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. C. Wetland Buffer Strip Monuments: Prior to release of the first building permit for each particular phase of the Property, and prior to recording of any document affecting the property,including any mortgage granted by 605/Lehtinen,PHHAL or Owners,their successors and/or assigns, 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan for each phase 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. D. Wetland Performance Bond: Prior to release of the final plat for the Property and a final plat for any subsequent phase of the Property, 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland PIan 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 PIan during development and for two full growing seasons following completion of the development, including construction. If 605/Lehtinen as to Phase 1 and PHHAL as to all subsequent phases fails to implement the Wetland Plan in accordance with its terms, the City may draw upon their respective Security in whole or in part to pay the cost of implementation. 35. BINDING EFFECT: This Agreement binds and benefits the parties and their heirs, successors and assigns. 36. OBLIGATON CONTINGENT: Neither Developer shall have any obligation to perform its respective obligations under this Agreement unless and until each Developer has received title to that portion of the Property to be developed by each Developer. - 18- 37. OWNER'S CONSENT AND JOINDER TO DEVELOPMENT AGREEMENT: The Consent and Joinder to this Agreement executed by Broadmoor Apartments, Inc., a Minnesota non-profit corporation and Castle Ridge Care Center,Inc.is attached hereto and made a part hereof as Exhibits H. [Signatures begin on next page] - 19- 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 Presbyterian Homes Housing and Assisted Living Inc., a Minnesota non-profit corporation By .' By Its C F Phil Young Its Mayor DEVELOPER 605 Prairie Center Drive LLC By By_ Its Scott H.Neal Its City Manager DEVELOPER Jack Lehtinen Carolyn Lehtinen 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 -2fl n ''' VA . JEAN ALT STATE OF MINNESOTA ) , ,;'-; N ,,ncto-MInnesota ) ss. fYy^:,-,, „_;, rlroa Jan 81.241Q COUNTY OF HENNEPIN ) wwWwwwt.;,., The foregoing instrument was acknowledged before me this day of tr..zc�,u- , 2008, by c r !.� 7i/hie4 ,the �D , of Presbyterian Homes Housing and A isted Living Ind., a Minn s ta, a non-profit corporation, on behalf of the corporation. 0JQ,\, aLt Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008,by ,the ,of 605 Prairie Center Drive,LLC,a Minnesota limited liability company on behalf of the company. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008, by Jack Lehtinen, husband to Carolyn Lehtinen. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008, by Carolyn Lehtinen, wife of Jack Lehtinen. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 373470 -21 - EXHIBIT A DEVELOPMENT AGREEMENT - PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Legal Description Before Final Plat Parcel 1: Lot 1, Block 1;also Outlot C; all in Columbine Road Addition,according to the recorded plat thereof, Hennepin County, Minnesota. (ton-ens property,certificate of title no. 1195378 which includes additional property) Parcel 2: Tract A: Unit No.201 (A Wing)Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. Tract B: Unit No.410(C Wing)Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. Tract C: Unit No.412(C Wing)and Garage Unit No.6,Condominium No.274,Castle Ridge Retirement Community,a condominium, Hennepin County,Minnesota. Tract D: Unit No.300(A Wing),Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. Tract E: Unit No.222(B Wing)and Garage Unit No.8,Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. Tract 1~: Unit No.224(B Wing)and Garage Unit No. 11,Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County, Minnesota. Tract G: Unit No.226(B Wing)and Garage Unit No.2,Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. Tract H: Unit No.423(B Wing),Condominium No.274,Castle Ridge Retirement Community,a condominium, Hennepin County,Minnesota. _-r _ Tract I: Unit No.213(C Wing),Condominium No. 274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. Tract J: Unit No.312(C Wing)and Garage Unit No. 13,Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. Tract K: Unit No.314(C Wing)and Garage Unit No.4,Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County, Minnesota. Tract L: Unit Nos.427 and 429(B Wing)and Garage Unit No.5,Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. Tract M: Parcel 1: Units in A Wing: Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108,200,202,203,204,205,206,207,208, 301,302,303,304,305,306,307,308,400,401,402,403,404,405,406,407 and 408. Units in 13 Wing: Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,221,223,225,227,228,229,230, 321,323,328,326,327,328,329,330,421,422,424,425,426,428 and 430. Units in C Wing: Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 1 18, 119,209,210,211,212,214,215, 216,217,218,219,309,310,311,313,315,316,317,318,319,409,411,413,415,416,417, 418 and 419. Units in D Wing: Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158,250,251,252,253,254,255,256,257, 258,350,351,352,353,354,355,356,357,358,450,451,452,453,454,455,456,457 and 458. Units in E Wing: Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169,259,260,261,262,263,264, 265,266,267,268,269,259,359,360,361,362,363,364,365,366,367,368,369,459,460, 461,462,463,464,465,466,467,468 and 469. Units in F Wing: Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180,271,272,273,274,275,276,277, 278,279,280,371,372,373,374,375,376,377,378,379,380,471,472,473,474,475,476, 477,478,479 and 480. Garage Unit Nos. 1,3,7,9, 10, 12, 14, 15, 17, 18, 19,20,21,22,23,24,25,26,27 and 28. All in Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. 23_ Parcel 2: Unit Nos.322 and 324(B Wing); Unit No.414(C Wing);and Garage Unit No. 16; All in Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. Tract N: Unit No.500 also referred to as Garage Unit No.500,Condominium No.274,Castle Ridge Retirement Community,a condominium,Hennepin County,Minnesota. (abstract property as to all of Parcel 2) Parcel 3: Lot 1,Block 2,Castle Ridge,according to the recorded plat thereof,Hennepin County,Minnesota. (abstract property) Parcel 4: Lot 2,Block 1,Fountain Place,according to the recorded plat thereof,Hennepin County, Minnesota. (abstract property and torrens property,certificates of title nos. 1148193 and 1148193.5) Note: The reeistered(torrens)portion of Parcel 4 is described as follows: Lot 2,Block 1,Fountain Place,except that part embraced within the plat of Castle Ridge. Tract 0: That part of Castlemoor Drive as dedicated on the plats of CASTLE RIDGE and COLUMBINE ROAD ADDITION, according to the recorded plats thereof,Hennepin County,Minnesota lying easterly of the easterly right-of-way of Columbine Road and southwesterly of the southwesterly right-of-way of Prairie Center Drive. Legal Description After Final Plat: Lots 1-5, Block 1, Castle Ridge 2nd Addition, Hennepin County, MN, 24- EXHIBIT B DEVELOPMENT AGREEMENT— PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT PLANS LIST OF MATERIALS 1. Cover Sheet—Preliminary Plat & P.U.D Plans dated 02/06/08 2. Existing Conditions dated 08/17/07 by Westwood Professional Services 3. Preliminary PIat dated 09/13/07 by Westwood Professional Services 4. Civil Site Plan Phase 1 dated 10/05/07 by Westwood Professional Services 5. Civil Site Plan Phase 2 dated 09/26/07 by Westwood Professional Services 6. Civil Site Plan Phase 3 dated 10/05/07 by Westwood Professional Services 7. Preliminary Phase 1 Grading Plan dated 10/05/07 by Westwood Professional Services 8. Preliminary Phase 2 Grading Plan dated 10/05/07 by Westwood Professional Services 9. Grading, Drainage, and Erosion Control Plan Phase 3 dated 10/05/07 by Westwood Professional Services I0. Preliminary Phase 1 Utility Plan dated 10/05/07 by Westwood Professional Services 11. Preliminary Phase 2 Utility Plan dated 10/05/07 by Westwood Professional Services 12. Utility Plan Phase 3 dated 10/05/07 by Westwood Professional Services 13. Tree Inventory & Preservation PIan dated 10/04/07 by Westwood Professional Services 14. Landscape Plan (sheet 14) dated 02/06/08 by Westwood Professional Services 15. Landscape Plan (sheet 14A)dated 02/06/08 by Westwood Professional Services 16. Landscape Plan Phase 1 (sheet 14B)dated 02/06/08 17. Landscape Plan Amenities (sheet 14C)dated 02/06/08 18. Plan Details (sheet 15) dated 02/06/08 by Westwood Professional Services 19. Plan Details (sheet 16) dated 02/06/08 by Westwood Professional Services 20. Plan Details (sheet 17) dated 02/06/08 by Westwood Professional Services 21. PUD Sign Plan dated 09/21/07 by Westwood Professional Services 22. Zoning Description Exhibit dated 09/14/07 by Westwood Professional Services 23. Aerial Photo Exhibit dated 04/05/07 by Westwood Professional Services 24. Cover Sheet(A0)-Retail Design dated 02/06/08 by Architectural Consortium, LLC 25. Al Floor Plan &Exterior Elevations Building G dated 02/06/08 by Architectural Consortium LLC 26. A2 Floor Plan &Exterior Elevations Building I dated 02/06/08 by Architectural Consortium LLC 27. A3 Floor Plan &Exterior Elevations Building H dated 02/06/08 by Architectural Consortium LLC 28. A4 Floor Plan &Exterior Elevations Building F dated 02/06/08 by Architectural Consortium LLC 29. A5 Bank Floor Plan &Exterior Elevations Building B dated 02/06/08 by Architectural Consortium LLC -?5- 30. A6 Site Elements—Typ. Pylon Sign &Trash Enclosure dated 02/06/08 by Architectural Consortium LLC 31. A7 CVS Pharmacy exterior elevations dated 02/06/08 by Giffels 32. A8 CVS Pharmacy proposed floor plan dated 02/06/08 by Giffels 33. A9 Typ. Mechanical Roof Top Equipment Exhibit dated 02/06/08 by Architectural Consortium LLC 34. A0.2 Housing Design 10/05/07 by In-site Architects 35. A0.3 Housing Design 10/05/07 by In-site Architects 36. A0.4 Housing Design 10/05/07 by In-site Architects 37. A1.1 Housing Design 10/05/07 by In-site Architects 38. A1.2 Housing Design 10/05/07 by In-Site Architects 39. A1.3 Housing Design 10/05/07 by In-Site Architects 40. A1.4 Housing Design 10/05/07 by In-Site Architects 41. A1.5 Housing Design 10/05/07 by In-Site Architects 42. A1.6 Housing Design 10/05/07 by In-Site Architects 43. A1.7 Housing Design 10/05/07 by In-Site Architects 44. A18 Housing Design 10/05/07 by In-Site Architects 45. A1.9 Housing Design 10/05/07 by In-Site Architects 46. A1.10 Housing Design 11/07/07 by In-Site Architects -26- EXHIBIT C -1 (605/Lehtinen) DEVELOPMENT AGREEMENT PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Developer in this Exhibit C-1 refers to 605/Lehtinen 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 Guide Plan Change, PUD, Rezoning, Site Plan Review and Preliminary Plat 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: [must identify the easements and mortgages and obtains consents from mortgagees] 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 all mortgages, liens,and other encumbrances except as noted above. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. Prior to commencement of any work on any portion of the Property encumbered by a -27- mortgage lien, Developer will provide the City with a consent to the Development Agreement from the holder of the lien. 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. 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. ..2g 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 '/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 _29_ 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' fees, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, its 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. -30- EXHIBIT C -2 (PHHAL) DEVELOPMENT AGREEMENT— PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Developer in this Exhibit C-2 refers to PHHAL. 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 thirty-six (36) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Guide Plan Change, PUD, Rezoning, Site Plan Review and Preliminary Plat 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: [must identify the easements and mortgages and obtains consents from mortgagees] 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 all mortgages,liens,and other encumbrances except as noted above. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. Prior to commencement of any work on any portion of the Property encumbered by a -31 - mortgage lien, Developer will provide the City with a consent to the Development Agreement from the holder of the lien. 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. To the best of Developer's knowledge,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 -32- 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 Iisted 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 % 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. X.X. 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 -33 - "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' fees, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, its 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. -34- EXHIBIT D-1 DEVELOPMENT AGREEMENT- PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT ENVIRONMENTAL INDEMNITY AND HOLD HARMLESS AGREEMENT THIS AGREEMENT, made and executed as of this day of , 2008, by 605 Prairie Center Drive,LLC. a Minnesota limited Iiability company,its successors and assigns,Jack Lehtinen and Carolyn Lehtinen, their heirs, successors and assigns, hereinafter referred to collectively as "Developer" to and for the benefit of City of Eden Prairie, a Minnesota municipal corporation (hereinafter"City"). PRELIMINARY STATEMENT OF FACTS i) The City and Developer are entering into a Development Agreement for approximately 1.76 acres of land legally described on Exhibit A hereto (hereinafter the "Development Agreement"). ii) Pursuant to the Development Agreement the Developer is required to convey and or dedicate certain land to the City. The approximate 1.76 acres of land and the land to be conveyed and or dedicated to the City is hereinafter collectively referred to as the "Property." iii) City requires as a condition to granting the approvals identified in the Development Agreement that the Developer defend and indemnify the City against any claim or award for any loss, costs, expense, or damage to any person or property, including reasonable attorneys' fees, sustained as a result of there being used by Developer on or in, or located on, in or about the Property or in or about any property conveyed or dedicated to City, any Hazardous Materials as defined herein. NOW, THEREFORE, IN CONSIDERATION OF THE MAKING OF THE DEVELOPMENT AGREEMENT and in order to induce City to grant the approvals identified in the Development Agreement,the Developer covenants and agrees with the City as follows: 1. The Developer shall defend an indemnify and hold harmless the City, its officers, directors, employees and agents, from and against any and all claims, losses, liabilities (including without limitation strict liability), suits, obligations, fines, damages,judgments,injuries,administrative orders,consent agreements and orders, penalties, actions, causes of action, charges, costs and expenses, including without limitation attorneys'fees and consultant's fees("Indemnified Loss")(i) arising out of the inclusion in or on Lot 1 of the Property of any materials containing asbestos, -35 - urea formaldehyde or polychlorinated biphenyls or the presence on,the release from, the generation,manufacture,refining,treatment,storage,handling or disposal on,in or from the Property of any pollutant or other toxic or hazardous waste,or substance regulated,prohibited,restricted or controlled by any applicable federal,state,county or local statutes, laws, regulations, rules, ordinances, or codes relating to environmental matters or any substance or material on the Property determined by duly constituted authority to be capable of posing a risk to health and safety of persons("Hazardous Materials"), including by way of illustration and not by way of limitation,the Clean Air Act,the Federal Water Pollution Control Act of 1972,the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response Compensation and Liability Act of 1980, the Super Fund Reauthorization and Amendment Act of 1986,and the Toxic Substances Control Act and any amendments or extensions thereof and any rules, regulations, standards or guidelines issued pursuant to any of the aforesaid and all other applicable environmental standards or requirements(collectively"Environmental Laws");or (ii)arising out of the transportation, discharge or removal from the Property of any Hazardous Material;or(iii)arising out of the inclusion in any product manufactured on the Property of a Hazardous Material; or(iv)arising out of the failure to perform the removal or abatement of or to institute a safe, effective and environmentally approved control plan for any Hazardous Materials or the replacement or removal of any soil, water, surface water, or ground water containing Hazardous Materials in accordance with Environmental Laws; or(v)arising out of any violation or claim of violation of Environmental Laws by any third party with respect to the Property (herein the"Indemnified Acts")from and after the date Developer acquired title to the Lot 1 of Property;so long as such Indemnified Acts do not result from the actions of any of the indemnified parties. 2. This Indemnity shall be deemed continuing and running with the Property for the benefit of the City, and any successors and assigns of the City, including any transferee of the title of the City and shall survive any acquisition of title by City. 3. The agreements contained herein are unconditional and absolute and shall be a personal monetary obligation of the Developer notwithstanding any provisions of the Development Agreement to the contrary that limit or exculpate the personal liability of the Developer and/or require the City to look solely to the security of the Property and shall be cumulative and in addition to the rights and remedies contained therein. 4. No waiver,amendment,release or modification of this Agreement or the obligations herein shall exculpate the Developer from the obligations hereunder nor shall the same be established by conduct, custom or course of dealing, but only by an instrument in writing duly executed by the City. 5. This Agreement is executed in order to induce the City to make enter into the Development Agreement and grant the approval identified in the Development Agreement with the intent that it be relied upon by the City in granting the approvals -36- and entering into the Development Agreement and with the knowledge that the City would not do so but for this Agreement. 6. The City shall be entitled to select counsel of its own choice in any proceeding or action involving an Indemnified Act,the reasonable fees and expenses of which shall be part of the Indemnity contained in this Agreement. 7. The Indemnified Acts for which City is indemnified hereunder shall be reimbursable to City as incurred without any requirement of waiting for the ultimate outcome of any litigation,claim,or other proceeding,and the Developer shall make payment for the same to the City as incurred within ten(10)days after notice from City itemizing the amounts incurred to the date of such notice. 8. The Developer acknowledge and agree that its obligations hereunder are totally independent of and unaffected by the terms of any Development Agreement or other writing or agreement, and the Developer specifically forever waive any and all claims and defenses to the contrary. 9. This Agreement is delivered in and made in and is executed with respect to and shall in all respects be construed pursuant to and governed by the laws of the State of Minnesota. [Sib natures begin on next page] -37- IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER 605 Prairie Center Drive LLC By Its DEVELOPER • Jack Lehtinen Carolyn Lehtinen -38- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008,by ,the ,of 605 Prairie Center Drive,LLC,a Minnesota limited liability company on behalf of the company. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008, by Jack Lehtinen, husband to Carolyn Lehtinen. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008, by Carolyn Lehtinen,wife of Jack Lehtinen. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 -3R- EXHIBIT A Environmental Indemnity and Hold Harmless Agreement— PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Lots I Block 1, Castle Ridge 2nd Addition, Hennepin County, MN. -40- EXHIBIT D-2 DEVELOPMENT AGREEMENT- PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT ENVIRONMENTAL INDEMNITY AND HOLD HARMLESS AGREEMENT THIS AGREEMENT, made and executed as of this day of , 2008, by Presbyterian Homes Housing and Assisted Living Inc. ("PHHAL"), a Minnesota non-profit corporation,its successors and assigns,hereinafter referred to as"Developer"to and for the benefit of City of Eden Prairie, a Minnesota municipal corporation (hereinafter "City"). PRELIMINARY STATEMENT OF FACTS i) The City and Developer are entering into a Development Agreement for 20.32 acres of land legally described on Exhibit A hereto (hereinafter the "Development Agreement"). ii) Pursuant to the Development Agreement the Developer is required to convey and or dedicate certain land to the City. The 20.32 acres of land and the land to be conveyed and or dedicated to the City is hereinafter collectively referred to as the "Property." iii) City requires as a condition to granting the approvals identified in the Development Agreement that the Developer defend and indemnify the City against any claim or award for any loss, costs, expense, or damage to any person or property, including reasonable attorneys' fees, sustained as a result of there being used by Developer on or in, or located on, in or about the Property or in or about any property conveyed or dedicated to City, any Hazardous Materials as defined herein. NOW, THEREFORE, IN CONSIDERATION OF THE MAKING OF THE DEVELOPMENT AGREEMENT and in order to induce City to grant the approvals identified in the Development Agreement, the Developer covenants and agrees with the City as follows: 1. The Developer shall defend an indemnify and hold harmless the City, its officers, directors, employees and agents, from and against any and all claims, losses, liabilities (including without limitation strict liability), suits, obligations, fines, damages,judgments,injuries,administrative orders,consent agreements and orders, penalties, actions, causes of action, charges, costs and expenses, including without limitation attorneys' fees and consultant's fees("Indemnified Loss")(i) arising out of the inclusion in or on the Property of any materials containing asbestos, urea formaldehyde or polychlorinated biphenyls or the presence on,the release from,the generation,manufacture,refining, treatment, storage,handling or disposal on, in or -41 - from the Property of any pollutant or other toxic or hazardous waste, or substance regulated,prohibited,restricted or controlled by any applicable federal,state,county or local statutes, laws, regulations, rules, ordinances, or codes relating to environmental matters or any substance or material on the Property determined by duly constituted authority to be capable of posing a risk to health and safety of persons("Hazardous Materials"), including by way of illustration and not by way of limitation,the Clean Air Act,the Federal Water Pollution Control Act of 1972,the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response Compensation and Liability Act of 1980,the Super Fund Reauthorization and Amendment Act of 1986,and the Toxic Substances Control Act and any amendments or extensions thereof and any rules, regulations, standards or guidelines issued pursuant to any of the aforesaid and all other applicable environmental standards or requirements(collectively"Environmental Laws");or (ii) arising out of the transportation, discharge or removal from the Property of any Hazardous Material;or(iii)arising out of the inclusion in any product manufactured on the Property of a Hazardous Material;or(iv)arising out of the failure to perform the removal or abatement of or to institute a safe, effective and environmentally approved control plan for any Hazardous Materials or the replacement or removal of any soil, water, surface water, or ground water containing Hazardous Materials in accordance with Environmental Laws;or(v)arising out of any violation or claim of violation of Environmental Laws by any third party with respect to the Property (herein the "Indemnified Acts"); so long as such Indemnified Acts do not result from the actions of any of the indemnified parties; provided however the indemnification provided herein as to that portion of the Property described as Lot 1, Block 1 and Outlot C, Columbine Road Addition shall be applicable only from the date Developer acquired title to said Lot I and Outlot C. 2. This Indemnity shall be deemed continuing and running with the Property for the benefit of the City, and any successors and assigns of the City, including any transferee of the title of the City and shall survive any acquisition of title by City. 3. The agreements contained herein are unconditional and absolute and shall be a personal monetary obligation of the Developer notwithstanding any provisions of the Development Agreement to the contrary that limit or exculpate the personal liability of the Developer and/or require the City to look solely to the security of the Property and shall be cumulative and in addition to the rights and remedies contained therein. 4. No waiver,amendment,release or modification of this Agreement or the obligations herein shall exculpate the Developer from the obligations hereunder nor shall the same be established by conduct, custom or course of dealing, but only by an instrument in writing duly executed by the City. 5. This Agreement is executed in order to induce the City to make enter into the Development Agreement and grant the approval identified in the Development Agreement with the intent that it be relied upon by the City in granting the approvals -42- and entering into the Development Agreement and with the knowledge that the City would not do so but for this Agreement. 6. The City shall be entitled to select counsel of its own choice in any proceeding or action involving an Indemnified Act,the reasonable fees and expenses of which shall be part of the Indemnity contained in this Agreement. 7. The Indemnified Acts for which City is indemnified hereunder shall be reimbursable to City as incurred without any requirement of waiting for the ultimate outcome of any litigation,claim,or other proceeding,and the Developer shall make payment for the same to the City as incurred within ten(I0)days after notice from City itemizing the amounts incurred to the date of such notice. 8. The Developer acknowledge and agree that its obligations hereunder are totally independent of and unaffected by the terms of any Development Agreement or other writing or agreement, and the Developer specifically forever waive any and all claims and defenses to the contrary. 9. This Agreement is delivered in and made in and is executed with respect to and shall in all respects be construed pursuant to and governed by the laws of the State of Minnesota. [Signatures begin on next page] -43- IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. Presbyterian Homes Housing and Assisted Living, Inc. a Minnesota non-profit corporation By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008,by the , of Presbyterian Homes Housing and Assisted Living Inc., a Minnesota, a non-profit corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55311 -44 EXHIBIT A Environmental Indemnity and Hold Harmless Agreement— PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Legal Description Lots 2-5, Block I, Castle Ridge 2nd Addition, Hennepin County, MN. -45 - EXHIBIT E DEVELOPMENT AGREEMENT— PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT PETITION Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota non-profit corporation, the owner of the Property described on Exhibit A-I,605 Prairie Center Drive LLC,a Minnesota limited liability company, Jack Lehtinen and Carolyn Lehtinen, the owners of the property described on Exhibit A-2, hereby request 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 holds 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. PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING INC,, A MINNESOTA NON-PROFIT CORPORATION By: Its: DEVELOPER 605 Prairie Center Drive LLC By Its DEVELOPER Jack Lehtinen Carolyn Lehtinen -46- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008,by ,the ,of 605 Prairie Center Drive,LLC,a Minnesota limited Iiability company on behalf of the company. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008, by Jack Lehtinen, husband to Carolyn Lehtinen. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008, by Carolyn Lehtinen, wife of Jack Lehtinen. Notary Public -47- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008,by , the ,of Presbyterian Homes Housing and Assisted Living Inc., a Minnesota, a non-profit corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 -48- EXHIBIT A-1 Petition PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Lots 2-5, Block I, Castle Ridge 2nd Addition, Hennepin County, MN. EXHIBIT A-2 Petition — PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Lots I Block I, Castle Ridge 2nd Addition, Hennepin County, MN. -49- EXHIBIT F DEVELOPMENT AGREEMENT-- PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of ,2008 by and between, Presbyterian Homes Housing and Assisted Living Inc., a Minnesota non-profit corporation, its successors and assigns, its successors and assigns, 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. -50- 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. E. 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. To the best of Grantor's knowledge, 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 -51 - resulting from or due to the inaccuracy or falsity of any representation or warranty herein that does not result from action by the City. 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. [Signatures begin on next page] _5?_ 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 Presbyterian Homes Housing and Assisted Living Inc., By a Minnesota non-profit corporation Phil Young Its Mayor By By Its Scott H.Neal Its City Manager 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 , of Presbyterian Homes Housing and Assisted Living Inc., a Minnesota non-profit corporation, on behalf of said corporation. Notary Public -53 - EXHIBIT A "THE PROPERTY" Legal Description Before Final Plat Legal Description After Final Plat -54- EXHIBIT B "EASEMENT AREA" Legal Description Before Final flat Legal Description After Final Plat _» - EXHIBIT C "EASEMENT AREA" DIAGRAM -56- EXHIBIT G 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 with certain streetscape improvements(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: I. The Owner consents to the levying of assessments against the Property in the amount of 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. -57- 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 I 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$ 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 -58- STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008, by the , a Minnesota ,cm behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 -59- EXHIBIT H CONSENT AND JOINDER CONSENT AND JOINDER TO DEVELOPMENT AGREEMENT PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Broadmoor Apartments, Inc., a Minnesota non-profit corporation ("Broadmoor") and Castle Ridge Care Center, Inc., a Minnesota non-profit corporation ("Castle Ridge") (Broadmoor and Castle Ridge are collectively referred to herein as the "Companies"), hereby each consent to and join in that certain Development Agreement Presbyterian Homes Eden Prairie Redevelopment dated (the"Development Agreement"),for the sole purpose of subjecting the Companies' interest in and to certain real property owned by the Companies and encumbered by the Development Agreement. Dated: , 2008 Broadmoor Apartments,Inc. (A Minnesota non-profit corporation) By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2008, by the of Broadmoor Apartments, Inc., a Minnesota non-profit corporation, on behalf of said non-profit corporation. Notary Public [Signatures continue on the next page] -60- Dated , 2008 Castle Ridge Care Center,Inc. (A Minnesota non-profit corporation) By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2008, by ,the of Castle Ridge Care Center, Inc., a Minnesota non-profit corporation, on behalf of said non-profit corporation. Notary Public THIS DOCUMENT WAS DRAFTED BY: Grover C. Sayre, III, esq. Leonard, O'Brien, Spencer, Gale & Sayre, Ltd. 100 South Fifth Street, Suite 2500 Minneapolis,Minnesota 55402 (612)332-1030 375256 [Need legal descriptions attached to this Consent and Joinder] -61 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Leslie Stovring Approve Second Reading of an Ordinance Public Works /Environmental Amending City Code Section 9.01 Requested Action Move to: Approve Second Reading of an Ordinance Amending City Code Section 9.01 Relating to Storage, Deposit and Collection of Refuse, Yard Waste and Solid Waste and adopt Resolution approving publication of Summary Ordinance. Synopsis City Code Section 9.01 was revised to expand the requirements of this section to cover storage,deposit and collection of recyclable waste. A provision requiring multiple family dwellings to provide recycling service and language to prohibit scavenging of recyclable and solid waste were also added. A number of editorial changes were completed and some of the definitions were updated to reflect current usage. Background Information The first reading for the Ordinance was on February 12,2008. Only editorial changes have been made to the Ordinance since that time. Attachments • Ordinance • Ordinance Summary Resolution • Ordinance Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING SECTION 9.01 OF THE CITY CODE RELATING TO THE STORAGE, DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE, AND SOLID WASTE AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9 — Section 9.01 entitled "Storage, Deposit and Collection of Refuse, Yard Waste, and Solid Waste" is amended in its entirety to read as follows: SECTION 9.01. STORAGE,DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE, RECYCLABLE WASTE AND SOLID WASTE Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the practice of disposing of Recyclable Waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental to the long-term capacity of public and private landfills and is detrimental to the environment in that it causes pollution and contamination of underground and surface waters, air and natural flora and fauna; is harmful to the health and safety of persons and property because it generates noxious and dangerous odors and gases, including methane gas and; blowing of airborne particles and contaminants causes social and/or economic harm to persons who reside, and property which is, in proximity to landfills and should be done only in the absence of reasonably-available alternatives. In an effort to extend the life of landfill capacity as well as to ameliorate the social, economic and physical harm cased by the disposal of Recyclable Waste in landfills, the Council of the City herby adopts the following provisions relating to Recyclable Waste. Subd. 2. Definitions. For purposes of this subsection, the following terms have the meanings indicated: A. Association — Association means all cooperative organizations of residential dwelling owners formed for the purpose of joint management of property or services. B. Collection—Collection means the aggregation of Solid Waste or Recyclable Wastes from the place at which it is generated and includes all activities up to the time when the material is delivered to the facility designated by the owner of the Single Family Dwelling, Multiple Family Dwelling, Commercial Establishment or Licensee. C. Compost - The product of a managed process through which microorganisms naturally break down organic materials, including Yard Waste, fruit or vegetable matter, eggshells or coffee grounds, by bacteria, fungi and other organisms into more available forms 1 Page 1 of 5 suitable for application to the soil and is used to improve soil structure and provide nutrients to the soil. D. Compost Area—A defined area used for composting. E. Composting - Any above ground microbial process that converts decaying organic materials to compost, humus or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. F. Garden — A well-defined ground area used for cultivation of flowers, vegetables and shrubs. G. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care activities such as mowing, trimming, gardening or raking consisting of grass clippings, twigs, tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden waste and leaves.. The definitions applicable to Section 5.36 shall govern any terms used but not defined herein. Subd. 3. Storage. A. Storage containers for Single Family Dwellings, Multiple Family Dwellings or Commercial Establishments must be stored at least twenty (20) feet from the property line. Storage containers stored within a front yard must be screened from the public street with an opaque fence or coniferous landscape material. For the purposes of this ordinance, a corner lot shall be defined as having two front yards. B. Storage containers for Solid Waste, Recyclable Materials or Yard Waste may be set curbside 24 hours prior to the scheduled pickup. The storage containers must be removed from curbside within 24 hours after the scheduled pickup. C. It is unlawful for the owner or occupant of a Single Family Dwelling to store Solid Waste at the dwelling for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in five to one hundred gallon metal or plastic containers with tight-fitting covers, which shall be maintained in a clean and sanitary condition. D. It is unlawful for the owner or occupant of a Single Family, Multiple Family Dwelling or Commercial Establishment to store Yard Waste at the dwelling or establishment for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. E. It is unlawful for the owner or occupant of a Multiple Family Dwelling to store Solid Waste at the dwelling for more than one (1) week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in containers 2 Page 2 of 5 as for Single-Family Dwellings, except that so-called "dumpsters" or Roll Off Containers with tight-fitting covers may be substituted. F. It is unlawful for the owner or occupant of a Commercial Establishment to store Solid Waste at the establishment for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in containers as for Single Family Dwellings, except that so-called "dumpsters" or Roll Off Containers with tight-fitting covers may be substituted. G. It is unlawful to store Solid Waste, except fruit or vegetable waste, eggshells or coffee grounds, in a Compost Area pursuant to Subd. 6 hereof, unless it is drained and wrapped and in enclosed containers with tight-fitting covers. H. No Yard Waste or Solid Waste may be buried without prior written permission from the City of Eden Prairie. I. Only one (1) Roll Off Container for collection of Solid Waste or construction debris is allowed for Single Family Dwelling at a single time and for no more than 90 days unless previously approved in writing by the City Manager or his/her designee. J. Roll Off Containers shall be placed on a hard surfaced driveway when feasible. If the Roll-Off Container must be placed on a grassed or landscaped surface in accordance with the Permit conditions approved under City Code Section 6.03 Subdivision 1, the surface shall be stabilized by seeding (if prior to September 15), sodding, mulching, or other equivalent measure pre-approved in writing by the City within 60 days of removal of the Roll Off Container unless approved otherwise in writing by the City Manager or his/her designee. Subd. 4. Recyclable Waste Collection. Owners, Associations or other management entities for Multiple Family Dwellings must, by, or not later than July 1, 2008, make available to the occupants of all dwelling units on the premises services for the Collection of Recyclable Waste which accumulates on the premises in accordance with the following provisions. A. Schedule. The Collection services must be available on the premises and must be provided on a regularly-scheduled basis. The owner and owner's employees may provide the Collection services personally, or the owner may utilize a Licensee as in Section 5.36. B. Recycling Information Required. The owner of a Multiple Family Dwelling must provide information to the occupants of each dwelling unit which notifies the occupants of the availability of Collection services, clearly describes and lists the procedures required to prepare the Recyclable Waste for Collection, and identifies the dates and times of Collection. C. Container Requirements. The owner of a Multiple Family Dwelling must provide containers for the Collection of Recyclable Waste and must maintain the containers in a clean and sanitary condition. The containers must be sufficient in number and size to 3 Page 3 of 5 meet the demands for recycling services created by the occupants. The owner must replace stolen or broken containers and purchase additional containers as needed. Containers must be placed in a location on the premises which permits access for Collection purposes but which does not obstruct pedestrian or vehicular traffic and must comply with the City's zoning ordinance. D. Transportation and Disposal. Upon Collection by the owner, owner's employees, or Licensee, Recyclable Wastes must be delivered to a recyclable material processing center, an end market for sale or reuse, or to an intermediate Collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of Recyclable Waste in a solid waste disposal facility. Recyclable Wastes must be transported in a covered vehicle so that the recyclables do not drop or blow onto any public or private property during transport. Subd. 5. Anti-scavenging. It is unlawful for any person other than the owner or owner's authorized employees or contractors to scavenge, collect, remove, or dispose of Solid Waste and/or Recyclable Waste after the materials have been placed or deposited for Collection at the curb or in areas designated for the separation of Recyclable Waste. Subd. 6. Compost Requirements. It is prohibited for any person to engage in Composting on public, commercial, office or industrial property without prior written permission from the City. It is prohibited for the owner or occupant of a Single Family or Multiple Family Dwelling to engage in Composting except as hereinafter provided. A. A Compost Area shall be established in such a manner so as not to create an odor or other condition that is a nuisance; B. A Compost Area may consist only of Yard Waste, fruit or vegetable waste, eggshells or coffee grounds generated from the site on which the compost is located. C. A Compost Area may not occupy any front yard setback and must be ten (10) feet from any side or rear yard lot line. D. Fruit or vegetable waste, eggshells or coffee grounds must be enclosed in a container or other manner which will prevent animals from disturbing or removing the contents. E. A Compost Area shall not be larger than .025 to the total lot area and in no case exceed five hundred (500) square feet or four (4) feet in height. Every Compost Area must be contained within a fenced area or enclosed container, except a Compost Area consisting of yard waste not exceeding eighteen (18) inches in height may be placed upon a Garden without a fence or closed container. Subd. 7. Deposit of Solid Waste. It is unlawful for any person to deposit Solid Waste from any source, rubbish, offal, or the body of a dead animal in any place other than a sanitary landfill or licensed disposal facility. 4 Page 4 of 5 Subd. 8. Solid Waste Collection Contract. Every occupant of Single Family Dwellings, Multiple Family Dwellings, and Commercial Establishments shall be a party to, or the beneficiary of, a contract for the collection of the Solid Waste generated on or within such Single Family Dwelling, Multiple Family Dwelling, or Commercial Establishment. Subd. 9. Penalties for Violation. Violation of this subsection is a Petty Misdemeanor. A fourth or subsequent violation of this subsection is a Misdemeanor. Section 2 - Effective Date - This Ordinance shall take effect upon its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of 1 2008 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2008. Kathleen Porta, City Clerk Phil Young, Mayor 5 Page 5 of 5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 6-2008 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 6-2008 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 4th day of March 2008. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 6-2008 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 6-2008, attached hereto, conforms to M.S. § 33 1A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 6-2008 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on March 4, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 6-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 9,SECTION 9.01 RELATING TO REGULATIONS RELATING TO THE STORAGE, DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE AND SOLID WASTE AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. The following is only a summary of Ordinance No. 6-2008. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. The Ordinance amends City Code Section 9.01 to clarify and expand the requirements for providing recycling services and for composting organic materials. The revisions include the following: • Multiple Family Dwellings must make available and provide a location for collection of Recyclable Waste by July 1, 2008. • Multiple Family Dwelling owners must provide information on recycling to the occupants of their dwelling units. • Roll Off Containers may be substituted for solid waste containers at multiple-family and commercial establishments provided they have tight-fitting covers. • Storage containers may be set curbside 24 hours prior to the scheduled pick up and must be removed within 24 hours after scheduled pickup. • Yard Waste or Solid Waste may not be stored at a dwelling for more than one week unless it is being composted. • Storage containers stored in the front yard must be at least 20 feet from the property line and must be screened from public streets • Containers must be maintained in a clean and sanitary condition. • Containers must not obstruct pedestrian or vehicular traffic. • Only one roll off container may be stored at a single family dwelling at a time, and for no more than 90 days. • Roll off containers must be placed on hard surfaced driveways when feasible. If the container is placed on grassed or landscaped surfaces the area shall be stabilized by seeding, sodding or mulching unless approved otherwise by the City when removed. • Yard waste and Compost definitions were clarified. • Anti-scavenging provisions for Solid Waste and Recyclable Waste were added. This Ordinance incorporates,by reference,City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect on July 1, 2008. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2008. CITY COUNCIL AGENDA DATE: SECTION: Consent March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Jay Lotthammer, Director Ordinance Amending City Code Section 4.50 Parks and Recreation Requested Action Move to: Move to approve second reading of Ordinance amending City Code Section 4.50. Synopsis The first reading of this ordinance amendment was read and passed at the February 12, 2008, City Council meeting. City Code Section 4.50 allows the sale of liquor at any convention,banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the City. Section 4.05 prohibits, except as otherwise provided in Chapter 4, the granting of any license for the sale of alcohol within 300 feet of a public elementary or secondary school structure or within 100 feet of a church structure. The Parks Department plans to allow catered events in the Community Center, such as banquets, weddings, and other social affairs at which liquor will be served. The Community Center is within 300 feet of the Eden Prairie High School. This ordinance amendment proposes to amend Section 4.50 to clarify that the permission granted in Section 4.50 qualifies for the exception to the prohibition in Section 4.05. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA, AMENDING CITY CODE CHAPTER 4 SECTION 4.50 RELATING TO SALE OF LIQUOR AT SPORTS OR CONVENTION FACILITIES OWNED BY THE CITY AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Section 4.50 is amended by adding the underlined text at the beginning of the section: "Notwithstanding the restrictions set forth in Section 4.05, Subd. 4 of the City Code, the Council may authorize any holder of an on-sale license issued by the City or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the City, or instrumentality thereof having independent policy-making and appropriating authority and located within the City. The licensee must be engaged to sell liquor at such an event by the person or organization permitted to use the premises and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. Such sales may be limited to designated areas of the facility. All such sales shall be subject to all laws relating thereto. Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Section 4.99 entitled violation a Misdemeanor" are hereby adopted in their entirety by reference as through repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 12th day of February, 2008, and finally read and adopted and ordered published at the regular meeting of the City Council of said City on the 4th day of March, 2008. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of March, 2008. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Jay Lotthammer, Director Award Community Center Concessions Parks and Recreation Supplier Contract Requested Action Motion to: Award contract for concession suppliers at the Eden Prairie Community Center to Vistar. Synopsis In order to best service customers and add revenue to the facility, staff solicited Requests for Proposals (RFP's) to select the best provider for concessions supplies. The RFP's were mailed to four known vendors and the notice was published on February 7, 2008, in the Eden Prairie News. Three proposals were received and evaluated by a committee of staff(see attached grid). Staff is recommending awarding the contract to Vistar for a three year period. In 2006, $54,000 in revenue was realized through the previous vending contract. The Parks, Recreation and Natural Resources Commission will review information on March 3. Attachments Request for Proposal RFP Evaluation Results r� EDEN PRAIRIE COMMUNITY CENTER EDEN REQUEST FOR PROPOSAL PRAIRIE EXCLUSIVE CONCESSION STAND SERVICES I IVF.WDFK.DPFAHI EDEN PRAIRIE PARKS & RECREATION DEPARTMENT The City of Eden Prairie is requesting proposals for concession stand services for the Eden Prairie Community Center. This proposal will grant the vendor exclusive concession stand service rights for 3 years. Proposals will be evaluated on the percentage of profits, upfront donated funds, yearly promotional support, quality of service and any other incentive the company will provide to the City to consider on this 3-year contract; i.e. advertisement on Zamboni, scoreboards, in ice logo, dasher board, etc. Length of Agreement Three years from the signing of the agreement, April 1, 2008. Equipment Service The City expects that the successful respondent will provide all necessary concession equipment associated with this proposal including appropriate concession machines at no or minimal cost to the City. The equipment must be of the latest design and meet all applicable health codes. The City further expects that concession stand products will be provided as full service accounts. The concession stand services company account manager and the Ice and Concessions Coordinator will mutually agree upon delivery schedules. The blend of products will respond to the tastes of the customers at the Community Center, including healthy snack options, up-scale concession products and traditional fare. Concession Stand Services Proposal The respondent must include the following in the proposal: • Clearly indicate the length of the proposed agreement(3 years). • A complete menu and description of products. • A description of concession stand machines and other related equipment. • Describe the process and specific timelines for ordering and delivery of product. • Describe your ability to service this account with products and/or equipment in case of failure or breakdown. • Provide information on cost concession stand product and related equipment • Describe the process of marketing support. This support statement should clearly indicate cash, product, and promotional/specific on-site advertising support initially and throughout the terms of this agreement. Insurance Selected concession stand services provider(s) shall purchase and maintain insurance that will protect the concession stand services provider from claims which may rise out of, or result from, the concession stand services provider operations under this agreement, whether such operations are by the concession stand services provider or anyone directly employed by them, or by anyone for whose acts or omissions any one of them may be liable. Insurance amounts shall be: • Comprehensive General Liability Insurance— including completed operations and liability coverage written on an occurrence basis for $1,000,000 combined single limit bodily injury/property damage that will apply exclusively to any event occurring at EPCC. Also name the City of Eden Prairie as additional insured with respect to activities involving the EPCC with thirty day written notice of cancellation. • Copies of all concession stand services provider(s) insurance must be on file with the City of Eden Prairie. The City reserves the right to reject any and all proposals and to act in the best interest of the City. The respondent need only supply one copy of this proposal suitable for reproduction and distribution to appropriate City officials and staff. Responses are to be received no later than 12:00 noon on Monday, February 18. Questions regarding this RFP should be directed to Bob Lanzi, Recreation Coordinator. Send Proposal to: Bob Lanzi Recreation Coordinator Eden Prairie Community Center 16700 Valley View Road Eden Prairie, MN 55346 CITY OF EDEN PRAIRIE REQUEST FOR PROPOSAL EXCLUSIVE CONCESSION STAND SERVICES EDEN PRAIRIE COMMUNITY CENTER The City of Eden Prairie is requesting proposals for concession stand services for the Eden Prairie Community Center. This proposal will grant the vendor exclusive, full- service concession stand rights for 3 years. A copy of the Specifications can be obtained by contacting Bob Lanzi, Recreation Coordinator, at 952-949-8471 or blanzi@edenprairie.org. Proposals must be received by 12:00 noon on Monday, February 18 The City reserves the right to reject any and all proposals. Concession Stand Suppliers Vistar Watson Company Farner/Bocken Quality of Service 30 24 24 Frequency of Service 2/wk 1/wk 1/wk Variety/Quality of Product 30 25 27 Delivery Charges 28 25 24 TOTAL 88 74 75 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Jay Lotthammer, Director Award Community Center Vending Contract Parks and Recreation Requested Action Motion to: Award the contract for vending services at the Eden Prairie Community Center to Maverick Vending Services. Synopsis In order to best service customers and add revenue to the facility, staff solicited Requests for Proposals (RFP's) to select the best provider for vending machines. The RFP's were mailed to four known vendors and the notice was published on February 7, 2008 in the Eden Prairie News. Two proposals were received and evaluated by a committee of staff(see attached grid). Staff is recommending awarding the contract to Maverick Vending for a three year period. Maverick Vending Services is the vendor at Eden Prairie High School and provides quality machines, product and service. In 2006, $6,500 in revenue was realized through the previous vending contract. The Parks, Recreation and Natural Resources Commission will review information on March 3. Attachments RFP Comparison Grid r� EDEN PRAIRIE COMMUNITY CENTER EDEN REQUEST FOR PROPOSAL PRAIRIE EXCLUSIVE CANDY-SNACK VENDING SERVICES I IVF.WDFK.DPFAHI EDEN PRAIRIE PARKS & RECREATION DEPARTMENT The City of Eden Prairie is requesting proposals for candy-snack vending services for the Eden Prairie Community Center. This proposal will grant the vendor exclusive, candy- snack vending service rights for 3 years. Proposals will be evaluated on the percentage of profits, upfront donated funds, yearly promotional support, quality of service and any other incentive the company will provide to the City to consider on this 3-year contract; i.e. advertisement on Zamboni, scoreboards, in ice logo, dasher board, etc. Length of Agreement Three years from the signing of the agreement, April 1, 2008. Equipment Service The City expects that the successful respondent will provide all necessary equipment associated with this proposal including vending machines at no cost to the City. The equipment must be of the latest design and meet all applicable health codes. The City further expects that vended products will be provided as full service accounts. The candy-snack vending services company account manager and the Ice and Concessions Coordinator will mutually agree upon delivery schedules. The blend of products will respond to the tastes of the customers at the Community Center, including healthy snack options. Candy-Snack Vending Services Proposal The respondent must include the following in the proposal: • Clearly indicate the length of the proposed agreement(3 years). • A complete list and description of products. • A description of vending machines and other related equipment. • Describe the process and specific timelines for ordering and delivery of product. • Describe your ability to service this account with products and/or equipment in case of failure or breakdown. • Provide information on cost and commissions for full-service vending price products. • Describe the process of preparing a change fund and keeping it supplied. • Describe the process of marketing support. This support statement should clearly indicate cash, product, and promotional/specific on-site advertising support initially and throughout the terms of this agreement. Insurance Selected candy-snack vending services provider(s) shall purchase and maintain insurance that will protect the candy-snack vending services provider from claims which may rise out of, or result from, the candy-snack vending services provider operations under this agreement, whether such operations are by the candy-snack vending services provider or anyone directly employed by them, or by anyone for whose acts or omissions any one of them may be liable. Insurance amounts shall be: • Comprehensive General Liability Insurance— including completed operations and liability coverage written on an occurrence basis for $1,000,000 combined single limit bodily injury/property damage that will apply exclusively to any event occurring at EPCC. Also name the City of Eden Prairie as additional insured with respect to activities involving the EPCC with thirty day written notice of cancellation. • Copies of all candy-snack vending services provider(s) insurance must be on file with the City of Eden Prairie. The City reserves the right to reject any and all proposals and to act in the best interest of the City. The respondent need only supply one copy of this proposal suitable for reproduction and distribution to appropriate City officials and staff. Responses are to be received no later than 12:00 noon on Monday, February 18. Questions regarding this RFP should be directed to Bob Lanzi, Recreation Coordinator. Send Proposal to: Bob Lanzi Recreation Coordinator Eden Prairie Community Center 16700 Valley View Road Eden Prairie, MN 55346 CITY OF EDEN PRAIRIE REQUEST FOR PROPOSAL EXCLUSIVE CANDY-SNACK SERVICES EDEN PRAIRIE COMMUNITY CENTER The City of Eden Prairie is requesting proposals for candy-snack vending services for the Eden Prairie Community Center. This proposal will grant the vendor exclusive, candy- snack vending rights for 3 years. A copy of the Specifications can be obtained by contacting Bob Lanzi, Recreation Coordinator, at 952-949-8471 or blanzi@edenprairie.org. Proposals must be received by 12:00 noon on Monday, February 18 The City reserves the right to reject any and all proposals. Vending Machine Contractors Maverick Vending Services Midwest Vending Promotional Support 30 15 Quality of Service 28 26 Upfront Donated Funds 0 0 Variety/Quality of Product 30 27 of Profits 24 27 TOTAL 112 95 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Jay Lotthammer, Director Award Community Center Indoor Play Parks and Recreation Structure Contract Requested Action Motion to: Award contract to Midwest Playscapes Inc. for the amount of$103,512.50 as the provider and installer of the indoor play structure at the Eden Prairie Community Center. Synopsis An indoor play structure was selected as an integral part of the improvements to the Eden Prairie Community Center. A Request for Proposal process was undertaken to determine the best fit and design for the Eden Prairie Community Center. The RFP was advertised in the January 17, 2008 edition of the Eden Prairie Newspaper and sent to fourteen known vendors of indoor play equipment. Four proposals were received and have been reviewed and scored by a committee of Park and Recreation Department staff. The 2008 approved CIP included$200,000 for an indoor play structure. The Parks, Recreation and Natural Resources Commission will review information on March 3. Background In addition to adding a revenue generating amenity to the Eden Prairie Community Center, an indoor play structure adds a component that is currently lacking in the overall park system. Indoor play structures allow children and parents the experience of playing and exercising in a climate controlled environment on a year round basis. The location of the play structure is near the child care area and is expected to be a support facility to compliment that area. Staff is proposing charging a $3-$5 fee for use of the play structure. Although larger than the area at the Eden Prairie Community Center, community center's such as Edina, Eagan, Maple Grove and New Brighton offer indoor play structures that are extremely popular with residents and community center users. Vendors were encouraged to submit creative and unique proposals that emphasized a fitness component. The committee reviewed all four proposals and scored them on the categories of; conformance to specifications, fit and appropriateness for the space, attractiveness of design, playability and quality of materials. An indoor play structure provided by Midwest Playscapes has been in place in Edina at Edinburgh Park. Along with adding a popular component to the Edina park system, this play structure has proven to be durable and well constructed Attachments RFP Evaluation Results Submitted Diagrams Indoor Play Structure Evaluation Summary Midwest Prime Soft Play Commercial Conform to Specs 45 42 36 41 Fit&Approp. of Design 46 35 36 39 Attractiveness of Design 45 45 31 28 Playability 40 40 31 28 Quality of Materials 50 50 47 37 TOTAL 226 212 181 173 "'Nate-Actual Cchtors MayVary;All imaged Murals are Single Sided(city Unless Otherwise Notedl. .20v1)-7 International Nay Co Ali Bights Reseed Al5 Site Measurernenis To Be Cnrfirrned By PtsrrKaser) rm.mow- 1 - y r -44 2 , ..,..- . ,... ,...., : -z. .: _. ,.._. _,_,.:_:... - -, _..„.___„- . . .,:a..., ..,7,,,.........„ . Apr- ,. _ _... V ;1p4 � ' f0,. r 1 rf{-f 7�r ftii! T 1 aii1 "1+>° ! 71 -k.r ,I-1 fur� •,�� ilk ..... - r , 10 f ill i• $ ' ram{ 511011.1.11i . . \,5,, Irl 5. il Project Name : Ie.._ cait�= N.1-5. Notes tf• . International Play Co. 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AIANLSIriMAII d iii 11-itrl -■ p� 9 CARGO[7.ITIli 116A1 PlidlliMill P. 8 NE1rSA1QL1 OUTS CLIMIif-H 9.main SIANLCIL4W- Id.IAHINH1i I YID . 11 !AI7IAN CLIMB A 12 FOAM rows ��,Ailp A lift 13 SIFF•lll•NAII 16 41116p."407. dirjA.„,41 pi. �r / 1A1� Now ��Po '74 *11 �09� IS PLAY:aI HIT��� ., i. �� 1f 17 AY ld A['Aldi'E ...Amp. . �� Y"• 1H 11.,XN 1•N IS .� p. .f.,,...... �5 '4�„.....1.4 R r�f�1�� 26 i]IIN V14 fi furl WI �II{f! r • sy.` /r$ h' e..1 1 21.11000W IIIMI WAIN _:,.; J y 22!Nil A1nHI1 nnUI ilk��►��� / 4 73.M,IXS.1 RIK 4 f 24 II0A1 1111MH It 411111/r1. IAr r�'- .. 1l1(il4li1g• 7� 1� 26 I1131':41[N %ti Y , 2E1 YY4:1111E-tl1( ■ }I • wird 1 , ar ,! '■•.S •/ Y7 lltl s[]llI I:II"NAZI" 4ir� AO• • Yll�P7 'y' 14py1 lr�� - 1JJI1• r 7E1T-[;f1nW IUllI!WMAHN.IiEAlllll: Im40V lm 1 1% ri pf! ::' 1- F' ELEEIJF III ‘114 Ilidilill � 11 L�If•F 32.;Nin1N}:H TUNII-E. I� ri III {{ IriP11111111 7 NFI A[;l'' 7A I.1[,,,,Frill IU13r WNW R© IMI r: 1:4111141141141111* ii4 t 4 . WW1;ri WEB a*ter � r�•C r r II� f FOOTPRINT[LXW): 42'x 10' P�r COMMERCIAL RECREATION STRUCTURE HEIGHT:16'3" SPECIALISTS coNcEPr: r_;Jrs ! Jr 11-',.D.:;_-1.1 J 1's.]JI_JE. : I ....7 ii. teem •! .' r. 1 .,_..7„•i•0,1:. 46. A . ril „L.... ril Iiij :Ef , __.....:-.• .' ,, ,,..: , j T ... .,,,_ i, ., .._......J . ,.,...,_... 20166 R0 : . ... Size. 20' x 44' x 17"-2"H ! r`" ' Capacity: 150 Kids , , mt, a 2DDY PRIME PLAY ALL RIGHTS RESERVED.tAAY NOT 8E COPIED IN WHOLE OR IN PART.RENDERINGS ARE FOR ILLUSTRATIVE PUHPOSE ONLY.ACTUAL COLOURS MAY VARY FROM COLOURS SHOWN. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 08-5713 ITEM NO.: VIII.I. Leslie Stovring Proposal to provide Wetland Public Works/Environmental Conservation Act Services Requested Action Move to: Approve proposal from Barr Engineering Company to provide Wetland Conservation Act administration services for two years at a cost of approximately $16,000. Synopsis Riley-Purgatory-Bluff Creek Watershed District adopted a resolution in January 2008 stating that the District would no longer be providing Wetland Conservation Act(WCA) services in Eden Prairie starting in April 2008. This proposal is to hire Barr Engineering Company(Barr) to provide WCA administration services for a two-year period. The fee schedule does currently include a provision for charging WCA costs associated with a development project to the Developer. The remaining costs for administration of WCA are estimated at $16,000 for two years and will be paid out of the stormwater utility fund. Background Information The City is currently WCA administrator for Lower Minnesota River Watershed District. Barr is currently contacted as needed to provide consulting services within this area. Our Fee Schedule does provide a funding mechanism for covering costs associated with a development project but will require revision to provide for the additional services that will be required. Barr has provided a cost estimate for administration of WCA services based on their experience providing similar services to the Riley-Purgatory-Bluff Creek Watershed District. These services will be billed on an hourly basis with an estimated cost of up to $8,000 per year. Following are the types of services Barr would provide under this proposal: • Project review to determine whether wetland conditions are present on site that may be impacted by development • Wetland delineation reviews • Coordination of Technical Evaluation Panel meetings • Wetland Replacement Plan review and monitoring • Tracking and documentation of wetland monitoring and plan review efforts • Preparation and submittal of Findings of Facts documentation for wetland projects • Preparation of documentation necessary to fulfill WCA requirements, including annual reports for wetland impacts and replacement The City's Wetland Protection Standards (City Code Section 11.51) are being revised to cover the requirements that the City will need in place for WCA review in the City. Attachments Attachment I—Standard Agreement for Professional Services - Barr Engineering Company Standard Agreement For Professional Services This Agreement is made on the day of , 20 between the City of Eden Prairie, Minnesota(hereinafter"City"),whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Barr Engineering Co., a Minnesota corporation (hereinafter"Consultant")whose business address is 4700 West 77th Street, Edina, MN 55435. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for administration of the State Wetland Conservation Act hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit"A"in connection with the Work. The terms of this standard agreement shall take precedence of any provisions of the Consultants proposal and/or general conditions. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing: 3. Compensation for Services. City agrees to pay the Consultant a not to exceed amount, including expenses, of$16,000 for the services as described in Paragraph 1 and Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots,fires,acts of God,governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges,if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports,sketches, estimates, drawings,and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may be required in the preparation of the report for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials,equipment,elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized invoices for professional services performed under Section 4 of this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis,the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee,and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A,the Consultant shall provide such documentation as reasonably required by the City. A progress summary, which will include the budget status and original and/or amended budget, shall be included with each invoice. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension,all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies,and AutoCAD as required to expedite the work, and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Robert C. Obermeyer, P.E., Mark Wilson, Mark Jacobson, and Karen Wold to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace designated staff from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc.given to,or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement,but Consultant may retain copies of such documents as records of the services provided. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 10. Term. The term of this Agreement shall be from December 1, 2007 through January 1, 2010 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant,the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant,and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work,without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City,the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is$10. For an unpaid balance of less than$100,the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work,and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations,amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions)of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least$2,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect,with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $2,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract,for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other,and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. WITHHOLDING TAXES. No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 26. Dispute Resolution. Mediation. Each dispute,claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 27. AUDITS.The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six(6)years after the effective date of this Contract. 28. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 29. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 30. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 31. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. Executed as of the day and year first written above. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager B ' - - GI EERING CO. By: ' / C//ill Its: Icc rd5,4„I' Exhibit A Barr Engineering Company Table of Contents Barr's Qualifications and Experience 1 Barr's Experience with Wetland Conservation Act Administration 1 Barr's Water Resources Work for Local Government Units 2 Brief Project Examples 3 References 5 Billing Criteria 6 Schedule of Charges 6 Project Team 6 Barr's Project Team 7 Project Understanding 8 Cost Estimate 9 C:\Documents and Settings\Owner\My Documents\EdenPrairieproposal.doc Barr Engineering Company Barr's Qualifications and Experience Barr's Experience with Wetland Conservation Act Administration Wetland management has become an important issue for clients, and Barr provides this service for many watershed management organizations, municipalities, and developers. Administration of the State Wetland Conservation Act(WCA)is carried out by a myriad of Local Government Units (LGUs) across the state,ranging from cities to counties to watershed management organizations and soil and water conservation districts. Wetland science and permitting has developed rapidly over the past 15 years as a complex mix of science and land use planning. Barr has been involved in WCA administration since the law's inception in 1991.We have developed an in-depth knowledge of the law and its administration, as we have provided wetland services since development of the law and through the four major amendments adopted since the permanent rules went into affect in 1993. Barr has provided technical wetland expertise and conducted WCA administration for numerous clients,including: • Nine Mile Creek Watershed District(NMCWD) • Valley Branch Watershed District(VBWD) • Lower Rum River Watershed Management Organization(LRRWMO) • Basset Creek Watershed Management Commission(BCWMC) • Riley-Purgatory-Bluff Creek Watershed District(RPBCWD) • City of Golden Valley • City of Medicine Lake • City of Maple Grove Specifically, Barr has four State Certified Wetland Delineators who have more than 40 combined years of wetland-related experience and almost 30 combined years of experience administrating the WCA for LGUs within the metro area. This administration includes: • Reviewing wetland delineation reports and boundaries • Noticing WCA applications and approvals • Conducting WCA pre-application and Technical Evaluation Panel(TEP)meetings. • Reviewing wetland permit applications,wetland replacement plans, and wetland bank plans to determine WCA compliance • Preparing wetland replacement and wetland bank plans • Assisting with wetland violation enforcement procedures Barr Engineering Company Page 1 Other wetland services Barr provides include: • Wetland identification, delineation,characterization, and mapping • Assessment of wetland functions • Identification and interpretation of local, state, and federal wetland regulations • Evaluation and recommendations for modification of development proposals regarding wetland impacts • Design of programs to avoid, minimize, and mitigate wetland impacts • Preparation of municipal wetland management ordinances • Wetland hydrology studies and evaluation of hydrologic impacts • Wetland mitigation design and construction administration • Wetland mitigation,maintenance,administration, and monitoring Barr's Water Resources Work for Local Government Units Understanding the problems and concerns facing LGUs in administering the Wetland Conservation Act is critical to achieving your defined goals and objectives. Barr has performed water resources work for several LGUs in the metropolitan area.A sampling of Barr's current and past related experience is illustrated in the following table: Water Lake/Park EIS/Env. LGU Resources Stormwater Area Wetlands Study Groundwater GIS Anoka ♦ ♦ ♦ BCWMC ♦ • ♦ ♦ Eden Prairie ♦ ♦ ♦ Edina ♦ ♦ ♦ ♦ ♦ Maple Grove ♦ Golden Valley • ♦ ♦ ♦ ♦ • • Hastings ♦ ♦ • ♦ • • Hennepin Co. • ♦ ♦ ♦ ♦ ♦ Lakeville ♦ ♦ ♦ ♦ ♦ ♦ ♦ LRRWMO • • ♦ Minnetonka ♦ ♦ ♦ ♦ ♦ • New Brighton • ♦ ♦ ♦ • ♦ NMCWD ♦ ♦ ♦ ♦ • ♦ RPBCWD ♦ ♦ • ♦ ♦ ♦ ♦ VBWD ♦ ♦ • ♦ ♦ ♦ ♦ Barr Engineering Company Page 2 Brief Project Examples Ongoing Engineering Services Valley Branch Watershed District•Lake Elmo, Minnesota Since 1969,Barr Engineering Company has served as district engineer for the Valley Branch Watershed District.In addition to providing ongoing engineering,Wetland Conservation Act administration, and general administrative services, we have assisted with writing,updating,and enforcing VBWD's rules and regulations,including drafting a comprehensive wetland management rule. VBWD uses an innovative fee system that places the permit applicant's fee in an escrow account from which it draws expenses for engineering,wetland reviews,inspection, and enforcement.We continue to assist the district by tracking and billing all permit expenses according to the individual permit account and by providing regular reports on the status of all accounts. Ongoing Water Management Services Nine Mile Creek Watershed District• Bloomington, Minnesota Barr has served as Nine Mile Creek Watershed District's engineer since the district was formed in 1959, providing planning and engineering services in this developing urban watershed. Barr assisted in the preparation of the third generation plan for the district that integrates flood control, stream and lake water quality improvement,groundwater protection,wetlands preservation,open space preservation,wildlife and fisheries habitat restoration, and stream bed erosion control.Barr provides Wetland Conservation Act administration for the cities of Eden Prairie,Edina,Hopkins, and Richfield within the District. Functional Assessment of Wetlands in the Minnehaha Creek Watershed District Hennepin Conservation District•Minnetonka, Minnesota The Minnehaha Creek Watershed District reviews water management plans developed by each of the 27 municipalities within the District to ensure conformance with their rules.Many municipalities began submitting water management plans to the District for review in 2000 and 2001.The plans contained wetland inventory information that was inconsistent and developed with varying methodologies.The Hennepin Conservation District(HCD)hired Barr to help develop a wetland assessment methodology (Minnehaha Creek Routine Assessment Methodology for Evaluating Wetland Functions,or MCRAM)that would allow for efficient evaluation and tabulation of wetland functions within the district. Barr was instrumental with the HCD in developing the methodology into an interactive Microsoft Access database and Geographic Information System(GIS)system.The wetland assessment methodology is completely contained within the database, which allows for management of large amounts of data, automated functional index computations,easy field data entry using a laptop computer, and straightforward reporting.The database was built to link directly to digital photographs of each wetland and a GIS where spatial wetland data is stored. Past Water Management Services Riley Purgatory Bluff Creek Watershed District• Eden Prairie, Minnesota Barr served as Riley Purgatory Bluff Creek Watershed District's engineer from the district's inception in 1969 until 2007,providing planning and engineering services in this developing urban watershed. Barr prepared a second generation plan for the district that integrates flood control, stream and lake water quality improvement,groundwater protection, wetlands preservation,open space preservation,wildlife and fisheries habitat restoration,and streambed erosion control. Barr provided Wetland Conservation Act administration for the cities of Deephaven,Eden Prairie,and Shorewood within the District.. Barr Engineering Company Page 3 Ongoing Water Management Services Lower Rum River Watershed Management Organization •Andover/Ramsey, Minnesota Barr has served as Lower Rum River Watershed Management Organization's engineer since the watershed management organization(WMO)was formed in 1985,providing planning and engineering services in this developing urban watershed. Barr prepared a second generation plan for the WMO that integrates flood control, stream and lake water quality improvement,groundwater protection,wetlands preservation,open space preservation,wildlife and fisheries habitat restoration, and stream bed erosion control. Barr provides Wetland Conservation Act administration for the WMO. Ongoing Water Management Services Bassett Creek Watershed Management Commission •Minneapolis, Minnesota Barr has served as Bassett Creek Watershed Management Commission's engineer since the district was formed in 1969,providing planning and engineering services in this developing urban watershed.Barr prepared a second generation plan for the district that integrates flood control, stream and lake water quality improvement,groundwater protection,wetlands preservation,open space preservation, wildlife and fisheries habitat restoration, and stream bed erosion control.Barr provides Wetland Conservation Act administration within much of the WMC area. Barr Engineering Company Page 4 References Mr. Steve Jankowski Mr. Kevin Bigalke City Engineer District Administrator City of Ramsey Nine Mile Creek Watershed District 15153 Nowthen Boulevard NW 7710 Computer Avenue, Suite 135 Ramsey,MN 55303-6197 Edina, MN 55435 (763)427-1410 952-835-2078 Mr. Perry Forster Mr. Conrad Fiskness Former President-Board of Managers Former President-Board of Managers Riley-Purgatory-Bluff Creek Watershed District Riley-Purgatory-Bluff Creek Watershed District 9505 Highview Drive 8033 Cheyenne Avenue Eden Prairie,MN 55347 Chaska,MN 55317 (952)934-0938 (952)934-5581 Mr. Lincoln Fetcher President-Board of Managers Valley Branch Watershed District 2634 East 19th Avenue North St. Paul,MN 55109 (651)770-1730 Barr Engineering Company Page 5 Billing Criteria In our Wetland Conservation Act administration with other LGUs,Barr tracks wetland monitoring and plan review efforts specifically to each project. Each wetland replacement plan application forwarded by a LGU for monitoring or review would be given a unique project and accounting number through which our efforts would be tracked. Occasionally,there might arise requests for advice on specific technical matters related to a specific project. These efforts could also be tracked separately to facilitate accounting. Barr typically prepares invoices every 4 weeks. Invoices are usually sent to the client within 2 weeks of the end of the invoice period. However, individual schedules can be established to best fit accounting periods and procedures of the LGU. Invoices are typically prepared to provide a detailed accounting of specific time and expenses charged to the account along with an explanation of the work that has been completed. Schedule of Charges Billing rates for our project team members are included below. Mark Wilson will be primarily responsible for verifying wetland delineations,reviewing plans for compliance with the WCA, coordinating MP meetings and plan reviews,preparing the documentation necessary to fulfill requirements of the WCA, and other assistance requested such as conducting wetland monitoring and reporting to ensure compliance with approved wetland replacement plans and preparing as-built plans. Karen Wold will assist Mark Wilson as required with monitoring wetland replacement sites, reporting to ensure compliance with approved wetland replacement plans,and preparing as-built plans. Mark Jacobson will assist with review of complex wetland replacement plans, complex wetland hydrology issues, and complicated wetland mitigation sites,or for any other requests. Bob Obermeyer, as principal in charge, will ensure that all contractual obligations are met and that the City of Eden Prairie is satisfied with the service you receive from our project team. Project Team Project Principal Senior Wetland Manager/Wetland Environmental Engineer(Bob Scientist Scientist Scientist Year Obermeyer) (Mark Jacobson) (Mark Wilson) (Karen Wold) 2007 $145 $125 $85 $80 2008 $150 $135 $90 $80 2009 $155 $140 $90 $85 Barr Engineering Company Page 6 Barr's Project Team The Barr Engineering Co. project team will include the following individuals. Complete resumes of these team members are included in Attachment A of this proposal. Bob Obermeyer, P.E.,will serve as the principal-in-charge for upcoming work for the City of Eden Prairie. Bob has served as the engineer for Nine Mile Creek Watershed District since 1974. Bob also serves as the engineer for the Lower Rum River WMO and is familiar with the requirements of the Wetland Conservation Act permit reviews and billing. Mark Jacobson is a senior wetland scientist who specializes in wetland and environmental permitting; wetland hydrology studies; wetland delineation, assessment, and mitigation; and environmental impact analysis. Mark's expertise in administration of the Wetland Conservation Act, assessing wetland functions and values, and designing and evaluating mitigation sites can assist the City of Eden Prairie with its role as the Local Government Unit(LGU)administering the Wetland Conservation Act. His knowledge of the ever-changing federal, state, and local regulations regarding wetlands can provide the City with an always-available resource to assist the watershed with fulfilling its responsibilities under the WCA. Mark Wilson is a wetland biologist who works on a variety of wetland and other natural resources related projects. He has served as a technical expert administering the Wetland Conservation Act for six different LGUs over the past 7 years. In addition,Mark has delineated and classified wetlands across Minnesota,Wisconsin, and Iowa; conducted wetland mitigation monitoring; and evaluated functions and values of wetlands in both Minnesota and Wisconsin with extensive experience utilizing the Minnesota Routine Assessment Method for Evaluating Wetland Functions and Values, Version 3.0 and 3.1. Mark will be available to assist the City in reviewing wetland replacement plans,coordinating TEP activities,preparing documentation and notifications,monitoring wetland replacement sites to ensure compliance with approved plans,preparing as-built plans, and assisting with plan reviews and other TEP duties as needed. Karen Wold is an environmental scientist who works on a variety of wetland projects and has extensive experience in the use of GIS and data management. She has delineated wetlands; monitored wetland replacement sites;classified wetlands using both the U.S. Fish and Wildlife Service Circular 39 System and Cowardin System; and evaluated functions and values of wetlands utilizing the Minnesota Routine Assessment Method for Evaluating Wetland Functions and Values,Version 3.0 and 3.1. Karen will be available to assist the City with conducting wetland delineations,monitoring wetland replacement sites, and other duties as needed. In addition to the primary project team members,Barr's staff includes specialists in virtually all facets of water resources. Barr Engineering Company Page 7 Project Understanding Barr will provide WCA administration assistance,including wetland replacement plan reviews, wetland banking plan application reviews, documenting findings-of-fact, making plan recommendations, coordinating with applicants and their representatives,preparing approval notifications, and conducting site inspections. In addition,Barr can provide technical assistance with evaluating impacts to wetland hydrology, wetland delineations,or other aspects of Wetland Conservation Act administration. Lastly, Barr will assist in transitioning WCA administration responsibilities from the Riley-Purgatory-Bluff Creek Watershed District to the City of Eden Prairie. Barr Engineering Company Page 8 Cost Estimate We understand that the City of Eden Prairie actively manages and is concerned about maintaining natural resource values within the city. The level of effort required for the administration of the Wetland Conservation Act varies considerably by project, ranging from very simple to very complex, depending on the nature of the project and the desires of the LGU. The cost for WCA permit reviews, wetland delineation to wetland replacement plan,and approval that Barr has conducted over the past couple of years within the City of Eden Prairie has ranged from approximately$300-$600 to$5,000-$10,000,respectively. Since the level of effort needed for each project is specific to the details and quality of the application,it is difficult to provide detailed cost estimates until each project and penult is reviewed. In the past, the City has required a wetland technical expert to assist in working with landowners regarding wetland-related issues not requiring a WCA permit. The cost for this service has averaged approximately$5,000, annually over the last few years. If the level of effort involved in non-permitting wetland assistance remains relatively constant,it is expected that the cost through 2009 will range from $6,000 to$8,000 annually. All Wetland Conservation Act administration actives will be charged on an hourly basis. A cost quote will be provided,prior to conducting any project-specific Wetland Conservation Act permit or wetland delineation review,in which costs may exceed$2,000. Barr will assume all costs incurred to assist in transitioning WCA responsibilities from the Riley- Purgatory-Bluff Creek Watershed District to the City of Eden Prairie. Barr Engineering Company Page 9 Attachment A—Resumes Barr Engineering Company Robert C. Obermeyer, P.E. Civil Engineer, Vice President Experience Bob Obermeyer's primary responsibilities are in the fields of hydrology and hydraulic engineering. His experience includes the following activities: • Preparation of detailed design of drainage facilities • Analysis and design of stormwater detention facilities • Analysis and delineation of floodplain areas Bob has assisted in the preparation of comprehensive drainage plans for the cities of Annandale, Edina, Hastings, Hutchinson, Maplewood, New Brighton, and Worthington, Minnesota, and Sioux Falls, South Dakota. He has also been involved in the design of major stormwater drainage systems in Eden Prairie, Edina, Maplewood, and Moorhead, Minnesota. Bob is the engineer for the Nine Mile Creek Watershed District and the Lower Rum River Watershed Management Organization. His responsibilities for these organizations include: • Preparing engineer's annual reports. • Preparing water quality reports and management plans for watershed lakes and streams. • Reviewing numerous development and utility plans for projects located within watershed districts. • Completing plans and specifications for numerous stormwater management projects. Bob has worked with several major developers in the preparation of site grading and utility plans for shopping centers throughout the country. He also assisted developers in obtaining the necessary local, state, and federal governmental permits for these projects. Education B.S., Civil Engineering, University of Minnesota, 1974 Registration Civil Engineer: Colorado, Illinois, Indiana, Minnesota, Michigan Memberships Minnesota Society of Professional Engineers Minnesota Geotechnical Society Presentations/ Publications "Design and Maintenance of Hydraulic Structures." University of Minnesota Water Resources Conference. October 1990. "Erosion Control Measures During and After Construction." Minnesota Public Works Association. April 1981. 210662v1 MARK JACOBSON Senior Environmental Scientist Experience Mark Jacobson has been involved in a variety of wetland hydrology studies; wetland delineation, mitigation, and permitting projects; and environmental assessment projects. His primary responsibilities include project management, wetland and environmental permitting, wetland-mitigation plan development, wetland-restoration plan development, wetland inventories and functional assessments, Wetland Conservation Act (WCA) administration, wetland delineation, hydrology studies, and environmental impact analysis. Highlights of his project experience include: • Assisting with the preparation of the City of Minnetonka Water Resources Management Plan, 1999 and wetland ordinance including developing criteria and guidelines for establishing wetland buffers, reviewing and evaluating development plans for compliance with the management plan and the wetland ordinance, and conducting hydrologic and water quality studies for storm sewer and water quality improvement projects. • Preparing numerous Section 404 permit applications and Wetland Conservation Act wetland replacement plans; designing and preparing compensatory wetland mitigation plans; negotiating with various local, state, and federal agencies to gain permit approvals; and designing wetland- mitigation plans and maintenance and monitoring plans. • Providing technical and permitting assistance to quarry companies in Burnsville and New Ulm, Minnesota. This work involved delineating wetlands in complex geologic settings, planning and conducting wetland hydrology studies, providing long-term planning assistance, preparing wetland permit plans and reports, investigating potential wetland mitigation sites, designing wetland mitigation plans, and coordinating regulatory reviews, negotiating permit authorizations and solutions for a threatened species-taking permit. • Coordinating and conducting wetland functional assessments within the Minnehaha Creek Watershed District for the Hennepin Conservation District. This involved developing a wetland functional assessment methodology that was used as the basis for developing the new MNRAM, Version 3.0, the standard assessment methodology used in Minnesota. The assessment methodology was developed into a Microsoft Access database for efficient data entry in the field. Work included managing a cross-functional team to conduct consistent, accurate, and thorough functional assessments of 3,300 wetlands in the field with integrated use of a geographic information system (GIS). Responsible for compiling the functional wetland data into a single report for the district, as well as 27 individual municipality reports for use in management planning. • Providing technical wetland and hydrology expertise over the past ten years to various Local Government Units including: Bassett Creek Water Management Commission, City of Golden Valley, City of Medicine Lake, City of Barr Engineering Company Mark Jacobson (cont.) Minnetonka, Coon Creek Watershed District, Lower Rum River Watershed Management Organization, Nine Mile Creek Watershed District, Riley Purgatory Bluff Creek Watershed District, and Valley Branch Watershed District; serving on Technical Evaluation Panels for determining wetland impacts, assessing the hydrological and ecological changes to wetlands resulting from development, and evaluating wetland mitigation and wetland banking plans to ensure compliance with the Wetland Conservation Act and local wetland rules. • Coordinating a complete inventory of wetlands within New Brighton, Minnesota. The inventory included a preliminary evaluation of functions and values, classifications of wetlands using both the U.S. Fish and Wildlife Service Circular 39 system and the U.S. Fish and Wildlife Service Cowardin system, digital mapping of wetlands using ArcView GIS software, and creation of a spatial database. • Providing ongoing technical assistance to several large mining companies in northern Minnesota. The work includes coordinating the delineation of hundreds of acres of wetlands; preparing wetland permit plans and reports; coordinating surveys to identify rare, threatened, and endangered species; developing large wetland mitigation projects; negotiating permits with various state and federal regulatory agencies; and providing long-range wetland planning. Education M.S., Forest Hydrology, University of Minnesota, 1994 B.A., Biology, St. Olaf College, 1987 Certifications/ Minnesota Certified Wetland Delineator, 2006 Courses Professional Wetland Scientist, Society of Wetland Scientists Professional Certification Program, 2003 Minnesota Land Cover Classification System Training, MNDNR, 2001 Wetland Regulatory Changes, BWSR, 2001 Advances in Site Characterization for Environmental and Engineering Projects at Glaciated Sites, 2000 Wetland Regulatory Changes, BWSR, 2000 Wetland Plant Identification, Wetland Training Institute, 1999 Assessing Wetland Functions: An In-Depth and Practical Look at Today's Methods, 1998 BWSR Wetland Delineation Training, 1995 Memberships Society of Wetland Scientists Wetland Delineators Association American Water Resources Association Minnesota Groundwater Association C:\Documents and Settings\Owner\My Documents\EdenPrairieproposal.doc Barr Engineering Company MARK WILSON Senior Environmental Scientist Experience Mark Wilson joined Barr in 1996 as a biologist and environmental technician. Over the last ten years, he has been involved in a variety of wetland and other natural resources-related projects. He has a working knowledge of environmental management issues such as sample management, solid- and hazardous-waste transportation, and disposal coordination. Before joining Barr, Mark worked as an assistant aquatic biologist at the Environmental Research Laboratory in Duluth, Minnesota and was employed at another firm as an environmental technician. His experience at Barr includes: • Delineating hundreds of wetlands for clients in Wisconsin and Minnesota, utilizing the methodology specified in the U.S. Army Corps of Engineers Wetland Delineation Manual(1987 edition). This included preparing wetland delineation reports documenting the technical hydrology, soils, and vegetation criteria, including classifying wetlands using both the U.S. Fish and Wildlife Service Circular 39 System and the U.S. Fish and Wildlife Service Cowardin System, preparing Section 404 permit applications and Wetland Conservation Act wetland replacement plans, assisting with the design of compensatory wetland mitigation plans, and negotiating with various local, state, and federal regulatory agencies to gain permit approvals. • Evaluating functions and values of wetlands in Minnesota and Wisconsin using the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM) and the Wisconsin Department of Natural Resources Rapid Assessment Methodology (RAM) for Evaluating Wetland Functional Values. • Managing a two-year project for a pipeline company which included conducting environmental activities to allow the construction of a petroleum pipeline through Wisconsin. Tasks involved coordinating the field inspection of wetlands utilizing three teams of wetland delineators, installing temporary fencing to protect endangered plant species, and supervising the relocation of a Wisconsin endangered willow (Salix planifolia). • Providing technical wetland expertise in administration of the Wetland Conservation Act to the Lower Rum River Watershed Management Organization, Nine Mile Creek Watershed District, Riley Purgatory Bluff Creek Watershed District, and Valley Branch Watershed District. This involved serving on technical evaluation panels (TEP) for determining wetland impacts, documenting activities of the TEP, assessing the hydrological and ecological changes to wetlands resulting from development, evaluating wetland mitigation and wetland banking plans to ensure compliance with the Wetland Conservation Act and local wetland rules, meeting with developers and their representatives to resolve conflicts with the WCA, inspecting wetland mitigation sites, coordinating wetland enforcement proceedings, providing recommendations to the watershed boards regarding compliance with the WCA, and preparing the required documentation and notices regarding the boards' decisions. Barr Engineering Company Mark Wilson (cont.) • Conducting lake studies involving macrophyte surveys utilizing Global Positioning Systems (GPS)in Wisconsin and Minnesota. The projects involved organizing and training volunteers in macrophyte sampling and survey techniques and species identification. • Conducting remote sensing, field verification and application of MLCCS coding as part of the Denmark Township Natural Resources Inventory. • Conducting in-depth plant community surveys as part of a management plan for Eden Prairie conservation areas. These surveys were used to compile exhaustive plant lists—including invasive species—and create GIS maps detailing plant communities and their extent of degradation • Participating in the HCD-administered wetland assessment project in the Minnehaha Creek Watershed District for Hennepin Conservation District. • Conducting natural resources inventory for areas within and adjacent to the proposed Q Prime Amphitheater project in Scott County to determine potential environmental impacts for EIS. • Performing lake, river, stream, and wetland sampling for sediment, analytical parameters, algae, aquatic invertebrates, and fish. • Conducting industrial stormwater and wastewater sampling for various pollutants. • Performing or assisting with sediment phosphorus release, flocculent dose rate jar-test titration, and sediment settling experiments. • Delineating wetlands, preparing wetland sections, and providing wetland- mitigation design, maintenance, oversight, and monitoring for the Willmar Airport in Willmar, Minnesota. • Conducting 1,300 of 3,300 field wetland assessments completed within the Minnehaha Creek Watershed District for Hennepin Conservation District. Also contributed to the development of the field assessment methodology used as the basis for development of MNRAM 3.0. • Delineating wetlands, performing hydrologic monitoring, and providing wetland mitigation monitoring for the mitigation of a limestone-quarry expansion in Burnsville, Minnesota, for Edward Kraemer and Sons. • Providing wetland delineation, wetland mitigation monitoring and maintenance, and permit documentation for the creation of the Purgatory Creek Recreation Area in Eden Prairie, Minnesota for the Riley-Purgatory- Bluff Creek Watershed District. • Sampling soil through various methods for a number of analytical parameters. Education B.S., Aquatic Biology, Bemidji State University, May 1992 Barr Engineering Company Mark Wilson (cont.) A.A., Vermilion Community College, 1990 Certification/ Courses Minnesota Certified Wetland Delineator, 2007 Wetland Delineation Training (40 hours), Wetland Training Institute, 1997 Wetland Health Evaluation Program Training, MPCA, 1998 Plant Identification, Wetland Training Institute, 1999 Memberships Wetland Delineators Association Barr Engineering Company KAREN WOLD Environmental Scientist Experience Karen Wold joined Barr in 1999 after serving for seven years as a laboratory technician for the Metropolitan Council Environmental Services' Environmental Planning and Evaluation Department. Her areas of expertise include performing wetland delineations and evaluations, wetland mitigation monitoring, preparing reports, data management, and creating and manipulating GIS figures. Karen's responsibilities at Barr include the following: • Conducting wetland investigations for the Valley Branch Watershed District, serving as a technical representative for administering the Wetland Conservation Act. • Conducting wetland investigations for the Minnesota Pipeline and assisting with permit applications for pipeline repair projects. • Preparing an Environmental Assessment Worksheet for the Anderson Lakes drawdown proposal. • Preparing a habitat monitoring report for the Valley Branch Watershed District. • Conducting field evaluations of wetland mitigation sites as required by requirements of the Wetland Conservation Act. Her work includes evaluating condition of hydrology, soils, vegetation, and overall wetland mitigation construction; preparing wetland mitigation monitoring reports to document progress in the wetland development; document compliance with permit conditions; and making recommendations for management needs. Work has included: — Performing wetland mitigation monitoring for the City of Maple Grove, Minnesota. — Performing wetland mitigation monitoring and preparing reports for Braemar Golf Course and two residential development sites for the Elm Creek Water Management Commission. — Performing wetland mitigation monitoring and preparing reports at Purgatory Creek Recreation Area for Riley-Purgatory-Bluff Creek Watershed District in Eden Prairie, Minnesota. — Preparing wetland-mitigation-monitoring reports for a limestone quarry for Edward Kraemer and Sons in Burnsville, Minnesota. — Performing wetland delineation, preparing permit documentation, and conducting wetland-mitigation monitoring for a golf-course flood- proofing project at Owatonna Country Club. — Performing wetland mitigation monitoring and preparing reports for Stoneybrook Development in Lino Lakes and OmniTract Co. in White Bear Lake, Minnesota. Barr Engineering Company Karen Wold (cont.) • Delineating wetlands utilizing the methodology specified in the U.S. Army Corps of Engineers Wetland Delineation Manual(1987 edition), including preparing wetland delineation reports documenting the technical hydrology, soils, and vegetation criteria including classifying wetlands using both the U.S. Fish and Wildlife Service Circular 39 System and the U.S. Fish and Wildlife Service Cowardin System and defending wetland delineations before various local, state, and federal regulatory agencies. Wetland delineation projects have included: — Water quality improvement project for the City of Eden Prairie, Minnesota — City of St. Louis Park, Minnesota — Novartis Corporation in St. Louis Park, Minnesota — Joslyn Corporation in Brooklyn Center, Minnesota — Northwest Quadrant redevelopment project for New Brighton, Minnesota — Scott Avenue flooding mitigation project for Golden Valley, Minnesota — Westwood Lake Park for Bassett Creek Watershed Management Commission — Keller Lake for Ramsey-Washington-Metro Watershed District — Marathon Petroleum's Pig's Eye rail expansion in St. Paul, Minnesota — Entrance-gate expansion project for Minnesota Landscape Arboretum — Redevelopment site in city New Market for Scott County, Minnesota — Residential development in Howard Lake, Minnesota, for MAB Homes, Inc. • Preparing Section 404 permit applications and Wetland Conservation Act wetland replacement plans, assisting with the design of compensatory wetland mitigation plans, and preparing an Application for Certificate of No Loss. Work has included: — Preparing wetland-permit documentation and wetland mitigation-plan documentation for Hibbing Taconite Company in Hibbing, Minnesota. — Conducting wetland delineations and preparing wetland replacement plans for the city of Burnsville's stormwater-quality treatment-pond improvements and the Riley-Purgatory-Bluff Creek Watershed District. — Preparing wetland-hydrology monitoring reports for PolyMet Mining, Inc., Ispat Inland Steel, and Minnesota Steel Industries in northern Minnesota. — Preparing wetland-permit documentation for Keewatin Taconite in Keewatin, Minnesota. — Preparing wetland-permit documentation for Polymet Mining Corporation in Babbitt, Minnesota. — Preparing wetland-permit documentation for Lehman Exploration in Babbitt, Minnesota. Barr Engineering Company Karen Wold(cont.) • Conducting Minnesota Routine Assessment Method for Evaluating Wetland Functions (MNRAM) field assessments in the Minnehaha Creek Watershed District for the Hennepin County Conservation District, Ramsey-Washington- Metro Watershed District, and Valley Branch Watershed District. • Preparing ArcGIS figures for reports for a contaminated waste site in Michigan. Also performed surface-water monitoring and aquifer testing. • Preparing groundwater monitoring reports. • Conducting routine monitoring of sump water discharge and preparing quarterly MCES discharge reports for Minnesota State Retirement Systems. • Preparing wetland delineation proposals. Prior to joining Barr, Karen served as a laboratory technician for the Metropolitan Council Environmental Services' Environmental Planning and Evaluation Department. Her role in that position included the following activities: • Conducting sample analyses. • Collecting, logging in, splitting, and preserving samples. • Writing standard operating procedures. • Researching and implementing method-development projects and determining method-detection limits. Education B.A., Environmental Studies, St. Olaf College, 1988 Courses/ Minnesota Certified Wetland Delineator, 2006 Training Wetland Delineation Training, Board of Water and Soil Resources, 2003 Hydrology and Watershed Management, University of Minnesota, 2002 Plant Identification, Wetland Training Institute, 2002 Wetland Delineation, Wetland Training Institute, 2002 Arc View, Rowekamp Associates, Inc., 1999 GIS coursework, University of Minnesota, 1998 Environmental Chemical Technology, Hennepin Technical College, 1993 Barr Engineering Company Table 1 2007-2009 Wetland Conservation Act Services- Billable Rates(per hour) City of Eden Prairie Project Principal Senior Wetland Manager/Wetland Environmental Engineer (Bob Scientist (Mark Scientist (Mark Scientist (Karen Year Obermeyer) Jacobson) Wilson) Wold) 2007 $145 $125 $85 $80 2008 $150 $135 $90 $80 2009 $155 $140 $90 $85 W:\Business Units\WR\Proposals\2007\13 MPLS\7083 Eden Prairie WCA Services\EdenPrairie_WCA_Services_Hourly Rates CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #06-5674 ITEM NO.: VIII.J. Leslie Stovring Change Order for Monitoring Bog Y at Public Works /Environmental the Bearpath Development Site Requested Action Move to: Approve Change Order #1 from Emmons & Olivier Resources for the bog- monitoring program at the Bearpath Golf and Country Club, at a cost of$9,978. Synopsis The City of Eden Prairie took responsibility for coordinating the sampling program for three bogs within the Bearpath Golf & Country Club in 1996, in accordance with the U. S. Army Corps of Engineers (COE) wetland permit guidelines. The COE has requested an additional year of sampling to ensure that construction of Highway 312 has not impacted the Bog. The monitoring program for 2008 will include vegetation monitoring and water quality sampling for Bog Y within Bearpath. Barring any unforeseen problems, this should be the final year of monitoring. The Change Order with Emmons & Olivier Resources (EOR) is for one additional year of monitoring, which will include a final report that will summarize all data collected since 1992. This project will be paid from the stormwater utility fund. Background The bog monitoring activities at Bearpath began in 1992. A long-term sampling and monitoring plan for the bogs was developed as a special condition of the COE permit issued in September 1993. The monitoring program was developed to assess potential changes in the bog ecosystems both during and after construction of the golf and country club and Highway 212. The program includes assessment of the water quality and vegetation to monitor changes at the most sensitive areas of three bogs. Starting in 2006, it was determined that Bog F and Bog 0 had sufficiently stabilized and no longer required monitoring. The COE has stated that the vegetation and water quality monitoring need to be continued within the larger bog due to the construction of Highway 312, encroachment of invasive species, fluctuations in water quality, and previous buffer strip enforcement issues. The work being done by the City will supplement the water quality monitoring being conducted by the Minnesota Department of Transportation (MnDOT) which is being overseen by the Riley-Purgatory-Bluff Creek Watershed District. The City will meet with the COE after 2008 to review the data and verify if monitoring can be discontinued or significantly reduced. For example, the COE could request monitoring of the extent of invasive species coverage at periodic intervals rather than annually. Attachments • Attachment I—Change Order No. 1 dated January 22, 2008 Change Order laEMMONS & OLIVIER Date: January 22, 2008 RESOURCES Project: Bearpath Bog Monitoring Change Order No.: 1 Client: City of Eden Prairie Contract Date: May 17, 2006 Purpose The purpose of this change order is to extend the monitoring period for the project. Scope of Services FOR will continue the data collection, analysis, and reporting described in the original scope of services through 2008. This will include water quality monitoring,the vegetation transect survey, vegetation meander survey, and the final report. The final report covers the years 2006-2008. Previous Agreement Changed Agreement 1. Total cost of services=$ 16,761 and Total cost of services= $27,095.25 ($9,978 $356.25 for the additional Task 05: WQ increase) Site Locations 2. Contract completion date: February Contract completion date: February 2009 2008 3. Scope of services described in original Scope of services described above contract The changed agreement will not exceed$9,978 for the services described. Signatures: Emmons & Olivier Resources, Inc. Contractor //77 — Signature Signature Name Name Title Title CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Office of City Manager, Information Technology/Lisa Wu Declare obsolete computer equipment as surplus Requested Action Move to: Declare obsolete computer equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Asset Recovery Corporation's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of end of life computer equipment. The computer equipment is of no use and will be recycled for the cost of$0.15 per pound. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of Surplus Equipment—Attachment 1 & 2 Manufacturer Model Serial Number Dell CRT Monitor 21T944X Dell CRT Monitor 122BKCS Dell CRT Monitor 18EBPWV Dell CRT Monitor 2CALRYF Dell CRT Monitor OARAUDX Dell CRT Monitor 3C8BAD8 Dell CRT Monitor 2BJB9BR Dell CRT Monitor OBABEA4 Dell CRT Monitor 14JA55Q Dell CRT Monitor 30078 Dell Dim 2100 24VCM11 Dell L800 417MP01 ATX Tower 004019 Dell Tower P2 9HSQ5 Generic P3 AJ577Q Dell Dim 2400 BBNG321 Dell Dim 2400 003060 Dell Dim 2400 FDHMTY Dell Dim 2400 6BNG231 6 PS2 Keyboards Manufacturer Model Serial Number Dell CRT Monitor 14JAS54B Dell CRT Monitor 19PEP6D Dell CRT Monitor 14JA570 Dell CRT Monitor 1 CJ80SW Dell CRT Monitor 1 CJ80MX Dell CRT Monitor 146BR43 Dell CRT Monitor 1CJ8050 Dell CRT Monitor 1 CJ80T6 Dell CRT Monitor 1 CJ805X Dell CRT Monitor 3C8BEA6 Dell CRT Monitor 145BRBW Dell CRT Monitor 24J03TU CITY COUNCIL AGENDA DATE: March 4, 2008 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Community Development/Planning Flying Cloud Airport Advisory Janet Jeremiah Commission 2007 Report and 2008 Scott Kipp Goals and Work Plan Requested Action Move to: Receive the Flying Cloud Airport Advisory Commission 2007 Report and Approve its 2008 Goals and Work Plan. Synopsis The Annual Report addresses activities of the Commission in 2007 which focused on providing education and information about FCM to various constituent groups, increased visibility of, and communications from the Commission, and continued monitoring of the Final Agreement. The Commission proposes the same goals for 2008. Background Information The Flying Cloud Airport Advisory Commission will be meeting with the City Council at the March 4, 2008 City Council Workshop to present its 2007 Report and Goals and Work Plan for 2008. Some of the Commission's 2007 accomplishments included: • New Life Link Helicopter arrival/departure routes to minimize noise. • Security improvements at Flying Cloud Airport and an updated security manual. • Improvements to the City's website on Flying Cloud Airport. • Visits to the Commission from various guests including MAC Chairman Jack Lanners and Laura Neuman representing Zero Expansion. • Education efforts increased exposure to noise reporting procedures. Attachments 1. 2007 Report and 2008 Goals and Work Plan Flying Cloud Airport Advisory Commission 2007 Report and 2008 Goals and Work Plan Charter The Commission was chartered in 2006 by the City Council to "advise the City Council and the Metropolitan Airports Commission with regard to matters affecting the operation of Flying Cloud Airport." The City Council charged the Commission with the following roles and responsibilities: A. Advise the Council and the Metropolitan Airports Commission with regard to matters affecting the operation of the Flying Cloud Airport, including: the classification of the airport under federal and state law; rules and regulations of federal and state agencies governing the operation of the Airport; the ongoing monitoring and implementation of the Final Agreement Concerning Flying Cloud Airport and MAC Ordinance 51 between the City of Eden Prairie, Minnesota and Metropolitan Airports Commission, dated December 2002 (Final Agreement); other noise abatement methods to reduce the impact of aircraft noise on the community; and such other matters as the City Council may direct from time to time. B. Cooperate with the Metropolitan Airports Commission Staff in reviewing for the benefit of the Council matters affecting the use and control of the Flying Cloud Airport, including the Final Agreement, and shall make its recommendations to the Council and the Metropolitan Airports Commission upon request with regard to any proposal affecting the use or operation of Flying Cloud Airport. 2007 Accomplishments The Commission's approved goals for 2007 were threefold: To continue our focus on providing education and information about FCM to various constituent groups, increase visibility of and communications from the Commission, and continue to monitor the Final Agreement. The Commission had a very active 2007. The Commission was pleased that the City Council acted favorable on the Commission's request to change the meeting frequency of the Commission from quarterly to bi-monthly. The Commissioners believe in taking the time to fully understand the range of issues facing the airport from all the various angles. The Commission strongly believes in its mission and is working hard on behalf of the City Council to educate itself to maximize its value to the City Council and city residents. 111111 {j T +il \k - - itir="ii1111100R141110 f { March 2008 Page 1 Flying Cloud Airport Advisory Commission 2007 Report and 2008 Goals and Work Plan During the year, the City Council directed the Commission to prepare reports on two areas impacting the City. These were helicopter flight activity and airfield security. In the case of helicopter activity, the Commission, along with the MAC, Air Method and Life Link did a complete review of the helicopter operations, including meeting the Air Methods crew, touring the aircraft and witnessing a takeoff. The review culminated with a complete report presented at one of the City Council meetings and a presentation by the president of Life Link about their local operation. In addition, working with the FAA and MAC, the Commission was able to encourage the creation of a new arrival /departure route to better direct traffic south and then up the river to reduce noise to area residents. An agreement was also made that flights of these helicopters required for the crews to retain their certification will be flown in another area rather than over Eden Prairie. The noise and flight patterns of these flights had been the subject of concern to members of the public and City Council. The Council expressed their satisfaction with the report. As for security, the Commission called a special meeting and asked representatives from a wide variety of agencies with security interests in FCM to review the overall security at the airfield and to make recommendations. Attending were the FAA, TSA, Dept of Homeland Security, numerous MAC staff and the City chiefs of Police and Fire. In addition, the Commission met with former airport advisory chair Tom Heffelfinger and reviewed its findings with him afterward as well. The Commission found, as reported to the Council, the airport to be among the leaders in general aviation security, MAC and outside governmental parties were impressed by the amount of attention and cooperation concerning security that have been exercised by City and it's Police and Fire Departments. Never the less, several actions were taken, including adding 16 new high intensity lights, replacing older lights, adding/ replacing 250 signs and updating the security manual. Education and Information • The Commission implemented a public comment section as a standard part of its meeting agenda. Several residents attended the meetings and a few chose to speak. • Guest speakers at our meetings included o MAC Chair Jack Lanners o MAC Executive Director Jeff Hamiel o Reliever Airports Advisory Council Chair Glenn Weibel o Air Methods local manager Ron Muntifering • MAC Capital Improvement Plans (CIP)for 2008-2014 o Sewer and water work is in the MAC 2008-2014 CIP as a 2008 project. This project will cost approximately$3.8M. Moreover, this project is not eligible for FAA or State airport funding. Pioneer Trail road work is also to begin in 2008. o The beginning of the airfield expansion projects are also listed in the MAC's CIP for 2008 -2014. The 300' extension to runway 10L/28R is in 2008 and the 1,100' extension to runway 10R/28L and south area building projects are listed for 2009. o The Commission will continue to monitor developments of these projects and inform the Council as warranted. We will continue to be an information conduit for the Council and citizens • The Commission reviewed and commented on the City's Comprehensive Guide Plan Communications • Commissioner Greg McKewan headed an effort with the City Communications Department to redesign the Commission web site in order to increase and improve resident access to key data about the airfield. The basic redesign of the site has been accomplished. Additional changes will be made as more information becomes available or are warranted. March 2008 Page 2 Flying Cloud Airport Advisory Commission 2007 Report and 2008 Goals and Work Plan • We conducted our annual 1:1 meetings with the businesses based at the airport. This is the second year this has been done and continues to highlight the eight businesses and their nearly 400 employees. This year, MAC District B Commissioner Molly Sigel joined us. • The Commission will continue to present information to the public to help citizens have a better understanding concerning the issues surrounding the airfield. The Eden Prairie News profiled the Commission in November. • The Commission attended the MAC's"Tenets Meeting", held at the flight school. Meeting with the tenets and hobby flyers furthered our mission of understanding the concerns of additional stakeholders at the airfield. • MAC Chairman Jack Lanners attended our November meeting to discuss the MAC system of airports, including Flying Cloud. This was the first time a MAC chairperson has visited with the City. It has been our continuing goal to hear perspectives from all parties involved with the airport. Mr. Lanner's visit also shows MAC's interest in providing such perspectives. • Laura Neuman of Zero Expansion made a presentation. Ms. Neuman presented the Commission many suggestions that will be discussed at future meetings. • The MAC FCM Operator of the Year Award was presented to Kurt Schendel of Modern Avionics at the Commission's November meeting by MAC Chair Jack Lanners. • Three of the four Commission seats representing Eden Prairie residents will be up for appointment in April 2008. •< The current incumbents of these seats are Rick King, Greg McKewan and Brad Stratton. MAC adherence to the Final Agreement is on track • There has been an increasing number of noise complaints during the voluntary restriction period (10pm—7am) ` o The Commission has succeeded in its education efforts as an increased exposure to noise reporting has caused more reports while the number of flights has not increased between these hours. Interestingly, there has been a reduction of flights during the voluntary hours. • Since the inception of Ordinance 97, we have seen a decrease in the number of complaints in regard to nighttime maintenance run-ups. This is partly because of our continuing education efforts, but more or less the decrease in traffic. • Helicopter and other medical flights were among the largest violators. • All reported incidents were reviewed to the extent possible. • All noise complaints sent by residents to MAC via telephone or the internet are recorded and researched as thoroughly as possible. MAC reacted appropriately to the complaints. The Commission reviews MAC's Noise Complaint Report at each of its meetings. Goals for 2008 The Commission proposes the same goals for 2008. To continue our focus on providing education and information about Flying Cloud Airport to various constituent groups, to increase visibility of and communications from the Commission, and continue to monitor the Final Agreement. With work likely to begin on the Pioneer Trail water and sewer project and the potential to have the runway expansion project start, the Commission will need to increase its efforts in 2008 to educate and communicate to residents and the Council with regard to these projects. March 2008 Page 3 Flying Cloud Airport Advisory Commission 2007 Report and 2008 Goals and Work Plan Staff Support The Commission has enjoyed exceptionally good cooperation and support from the City Staff, especially its liaison, Scott Kipp. His exceptional knowledge and advice has greatly benefited the Commission. The Commission would also like to thank Carol Pelzel, our recorder, for her tireless work on our behalf. Thanks are also extended to the MAC and it's regularly attending staff(Joe Harris, Scott Skramstad, Chad Leqve), all of whom have been extremely supportive of us as we conducted our business. Their responsiveness to our requests for flight maps and special graphics has added immeasurably to the Commission's and the public's understanding of flight operations and to the Commission's ability to fulfill its mission for the City Council. A fir �. ����rrrr••.zzzzzz"' s�A ed� , The Commission anticipates a busy and highly productive 2008. Respectfully submitted, The Flying Cloud Airport Advisory Commission: Front: Mark Michelson, Joe Harris, Rick King (chair), Scott Kipp (staff liaison). Back: Greg McKewan, Jeff Larsen (vice chair), Brad Stratton, Kurt Schendel. If SW, p • ml01" March 2008 Page 4 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development Motion to approve an amendment to the 2007 Director Janet Jeremiah/ Community Development Block Grant Action Molly Koivumaki, Housing & Plan Community Services Manager Requested Action Move to: • Close the Public Hearing; and • Approve the reallocation of$260,000 in Block Grant funds for affordable housing acquisition, to a subrecipient, as a grant to be used to purchase real estate and to operate that property as transitional housing for eligible families. Synopsis The 2007 Community Development Block Grant Action Plan did not specify the use of funds for the operation of a transitional home. Therefore, to be in compliance with HUD regulations, the formal action of reallocating the funds is necessary. The Subrecipient of the CDBG funds will contract with a human services agency to provide a program designed to assist families in developing a stable self-sufficient lifestyle. The human services agency will work with the family to develop goals in education, employment, housing, budgeting and other areas related to self-sufficiency. In addition they will examine long term strategies that will ensure permanent housing and a stable living environment. The Subrecipient will provide the City with a semi-annual report on the progress of the family and the performance of the human services agency which is assisting the family. The Subrecipient will keep the City informed of any complaints against the family and a detailed plan to resolve complaints in a timely fashion. Attachments City of Eden Prairie Transition Housing Grant Program Agreement January 16, 2008 Draft CITY OF EDEN PRAIRIE TRANSITIONAL HOUSING GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2008, by and between , a Minnesota non- profit corporation having its principal office at (hereinafter referred to as "Subrecipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, the City desires to provide Subrecipient with ($ ) dollars, on Subrecipient's behalf as a grant, to be used to purchase the real estate legally described in attached Exhibit A (the "Property") and to operate the Property as a transitional housing for eligible families; and WHEREAS, in accordance with the provisions of applicable Federal and Minnesota law, Subrecipient and the City desire to set forth herein the provisions for providing the Grant to Subrecipient. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Subrecipient, the parties hereto do hereby agree as follows: 1. GRANT OF FUNDS. The City agrees to provide the Subrecipient with Community Development Block Grant("CDBG") funds not to exceed (the "Grant Funds") to enable the Subrecipient to purchase the Property. It is understood that the City shall be held accountable to the Department of Housing and Urban Development ("HUD") for the lawful expenditure of the Grant Funds under this Agreement. The City shall therefore make no payment of Grant Funds to the Subrecipient prior to having received acceptable documentation from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to ensure that the Subrecipient has complied with this Agreement. 2. SCOPE OF SERVICES 2.1. The Subrecipient shall operate the Property as transitional housing for families whose income is income no greater than 80% of the area median income for the Twin Cities Metropolitan area, as defined in Minnesota Statutes § 473.121, subd. 2, as determined by the U.S. Department of Housing and Urban Development(or any successor agency). 2.2. Subrecipient shall further comply with the scope of services set forth in Exhibit B. 2.3. Subrecipient shall take all necessary actions to comply with the requirements set forth in this Agreement and its Exhibits, and to comply with any requests by the City in that connection; it being understood that the City is responsible to HUD for ensuring compliance with such requirements. The Subrecipient also will promptly notify the City of any changes in the scope or character of the activity/ies which it is implementing. 2.4. Subrecipient shall submit to the City an annual performance report acceptable to the City. The report shall include, but not be limited to, a statement of Subrecipient's activities for that year and a status update on the family living in the home. 2.5. At the request of the City, on a form to be provided, the Subrecipient shall submit a schedule, corresponding to the term of this Agreement, showing milestones for activity implementation and timely expenditure of funds and will provide other information as requested to assure compliance with HUD timeliness requirements. 3. TERM. This initial term of this Agreement shall be for three years and shall automatically renew for subsequent periods of one (1) year at the end of the term in force at the time, unless either Party notifies the other at least thirty (30) days prior to the expiration of the term of its intent not to renew the Agreement. 4. COVENANTS. Subrecipient covenants with the City that Subrecipient is eligible for the Grant under the following conditions: 2 4.1. The proceeds of the Grant will be used only to purchase the Property. 4.2. Subrecipient has made no material misstatement of fact in connection with Subrecipient's application for the Grant. 4.3. Subrecipient shall not sell, transfer or otherwise convey, whether by deed, contract for deed, or otherwise, and whether voluntary or involuntary, the Property except to the City or a transferee approved by the City. 4.4. Subrecipient shall at all times maintain the property to a level acceptable to the City. 4.5. Subrecipient shall comply with the applicable section of 24 CFR 570.200, particularly section (j) relating to Constitutional prohibitions Concerning Church/State Activities. 4.6. Subrecipient shall keep the Property free from liens not specifically consented to in writing by the City. 4.7. Subrecipient shall comply with all other of its obligations set forth in this Agreement. 4.8. Subrecipient further specifically covenants and agrees with the City that Subrecipient's breach of the provisions of this Agreement constitutes an event requiring repayment of the Grant in the manner provided in this Agreement and an event of default permitting foreclosure of the Lien in the manner provided in this Agreement. 5. TERMINATION OR DEFAULT. In the event of termination or default of this Agreement, the Subrecipient shall, at the option of the City, repay the Grant or transfer the Property to the City or the City's designated transferee. In the event repayment of the Grant is required, Subrecipient 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. The principal sum of the Grant, plus interest, shall be paid to the office of the City, or at such other place as the City may designate in writing delivered or mailed to the Subrecipient,not later than the date of closing of Subrecipient's sale, transfer or other conveyance of the Property to another party,the date upon which the Subrecipient is declared in default, or the date upon which the Property ceases to be used as transitional housing,whichever is earlier. 6. LIEN. As security for the Subrecipient's covenants and obligation for repayment as herein provided, and subject to the terms and conditions of this Agreement, Subrecipient hereby grants, and the City shall and hereby does have, a lien on the real estate hereinafter described, together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy such repayment obligation and the cost, including reasonable attorney fees of collecting the same. The said real estate subject to said lien is situated in Hennepin County, Minnesota, and is legally described on Exhibit A attached. 3 7. FORECLOSURE. In the event Subrecipient shall in any way be in default under the terms and conditions of this Agreement, the Subrecipient confers upon the City the option of declaring all sums then owing by the Subrecipient immediately due and payable without notice and confesses judgement in said amount, and hereby authorizes and empowers the City to enter said judgment and to foreclose this Lien by judicial proceedings or to sell the liened premises at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs, charges and fees the Subrecipient herein agrees to pay. 8. The Subrecipient and the City further covenant and agree as follows: 8.1. Subrecipient shall be furnished a conformed copy of this Agreement at the time of execution or after recordation. 8.2. Upon default of any covenant or agreement by Subrecipient under the terms of this Agreement, City prior to foreclosure shall mail notice to Subrecipient as provided herein specifying: 8.2.1. the nature of the default by the Subrecipient, 8.2.2. the action required to cure such default, 8.2.3. a date, if such default is capable of being cured by Subrecipient, not less then thirty (30) days from the date the notice is mailed to Subrecipient by which such default, if capable of being cured,must be cured; and 8.2.4. 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 Agreement and sale of the Property. 8.3. The notice shall further inform Subrecipient 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 Subrecipient to acceleration and sale. 8.4. In addition to any notice required under applicable law to be given in another manner: 8.4.1. any notice of the Subrecipient provided for this Agreement shall be given by mailing such notice by certified mail addressed to the Subrecipient at the address of the liened premises, or at such other address as the Subrecipient may designate by notice in writing to the City as provided herein; and 8.4.2. 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 4 Agreement, or to such other address as City may designate by notice in writing to the Subrecipient as provided herein. Any notice provided for in this Agreement shall be deemed to have been given to the Subrecipient or the City when given in the manner designated herein. 9. INDEMNITY AND INSURANCE 9.1. The Subrecipient does hereby agree to defend, indemnify, and hold harmless the City, its elected officials, officers, agents, volunteers and employees from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. 9.2. In order to protect City and Subrecipient from liability and to effectuate the indemnification provisions hereinabove, the Subrecipient will carry homeowners insurance in at least the value of the Property, and a single limit or combined limit or excess umbrella commercial general liability policy in an amount equal to, but shall not be required to carry coverage in excess of, claim limits specified in Minnesota Statutes Section 466.04, as amended. Certificates evidencing the required insurance will be furnished to City upon execution of this Agreement. The policy of insurance shall contain the following clause: "It is agreed that this policy shall not be canceled nor the coverage reduced until thirty (30) days after the City of Eden Prairie shall have received written notice of such cancellation or reduction by certified mail." The insurance policies shall specifically insure Company's indemnification obligations set forth in this Agreement. 9.3. This section shall in no way be intended by the parties hereto as a waiver of the liability limits specified in Minnesota Statutes Section 466.04, as amended. 10. DATA PRIVACY. Subrecipient agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The Subrecipient agrees to defend, indemnify and hold the City, its elected officials, officers, agents, volunteers and employees harmless from any claims resulting from the Subrecipient's unlawful disclosure and/or use of such protected data. 11. THIRD PARTY AGREEMENTS. The Subrecipient may subcontract this Agreement and/or the services to be performed hereunder, whether in whole or in part, only with the prior consent of the City and only through a written Third Party agreement acceptable to the City. The Subrecipient shall not otherwise assign, transfer, or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior consent of the City. 5 12. AMENDMENTS TO AGREEMENT. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. 13. ACQUISITION,RELOCATION,AND DISPLACEMENT 13.1. The Subrecipient shall be responsible for carrying out the acquisition of the Property. The Subrecipient shall conduct the acquisition in its name, which shall hold title to the Property. The Subrecipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Subrecipient shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. The City shall provide advice and staff assistance to the Subrecipient to carry out its CDBG-funded activity/ies. 13.2. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606 (a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606 (b) governing the residential antidisplacement and relocation assistance plan under section 104 (d) of the Housing and Community Development Act of 1974 (the Act); the relocation requirements of 24 CFR 570.606 (c) governing displacement subject to section 104 (k) of the Act; and the requirements of 24 CFR 570.606 (d) governing optional relocation assistance under section 105 (a) (11) of the Act. 14. ENVIRONMENTAL REVIEW. The City shall determine the level of environmental review required under 24 CFR Part 58 and maintain the environmental review record on all activities. The Subrecipient shall be responsible for providing necessary information, relevant documents, and public notices to the City to accomplish this task. 15. ADMINISTRATIVE REQUIREMENTS. The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the City shall apply to all activities undertaken by the Subrecipient provided for in this Agreement and to any program income generated therefrom. 16. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY 16.1. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Minnesota Human Rights Act, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or 6 national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. 16.2. The Subrecipient will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 17. NON-DISCRIMINATION BASED ON DISABILITY 17.1. The Subrecipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Subrecipient receiving assistance from the City under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. 17.2. When and where applicable, the Subrecipient shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" — Subtitle A, and Title III "Public Accommodations and services Operated By Private Entities" and all ensuing federal regulations implementing said Act. 18. LEAD-BASED PAINT. The Subrecipient shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 CFR 570.608. 19. LOBBYING 19.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 19.2. If any funds other than Federal appropriated fund have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement Subrecipient will complete and submit Standard Form-LLC, "Disclosure Form to Report Lobbying," in accordance with its instructions. 7 20. ACCESS TO RECORDS, AUDIT. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecipient agrees to provide all information required by any person authorized by the City to request such information from the Subrecipient for the purpose of reviewing the same. The books, records, documents, and accounting procedures and practices of the Contracting Party or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 21. CONFLICTS. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. 22. LIMITATION OF REMEDIES In the event of a breach of the Agreement by City, the Subrecipient shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 23. 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. 24. This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of the Subrecipient shall be joint and several. xxx CITY OF EDEN PRAIRIE By: By: Phil Young Its: Its Mayor By: Scott H.Neal Its City Manager 8 STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by , the of , 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 9 Exhibit A—Property Description 10 Exhibit B—Scope of Services Subrecipient will contract with a human services agency to provide a program designed to assist families in developing a stable self-sufficient lifestyle. Human services agency will work with the family to develop goals in education, employment, housing, budgeting and other areas related to self-sufficiency. Human services agency will maintain weekly contact with the family and will examine long term strategies that will ensure permanent housing and a stable living environment. Subrecipient will provide the City with a semi-annual report on the progress of the family and the performance of the human services agency which is assisting the family. Subrecipient will keep the City informed of any complaints against the family and a detailed plan to resolve complaints in a timely fashion. 11 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Dynamic Display Ordinance Janet Jeremiah Regina Herron Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending City Code Chapter 11, Section 11.70, relating to signs with dynamic display. Synopsis The following changes are proposed which includes adding definitions and regulations relating to signs with dynamic display: 1. Create new"Dynamic Display" definition in City Code. 2. Permit dynamic displays to change instantaneously once every 20 minutes. 3. Establish a measurable brightness level 4. Prohibit dynamic displays from using video, animation, or any appearance of movement. 5. Establish a requirement for a written certification from the sign manufacturer that the sign has been preset to limit the maximum light intensity. 6. Establish LED brightness standards that require signs to be equipped with a mechanism to control the sign's brightness. 7. Require dynamic display owners to provide an accurate field method of insuring that maximum light levels are not exceeded. 8. Establish the city's authority to disable or turnoff a sign that malfunctions in a manner that creates excessive glare or brightness. 9. Permit dynamic displays in the Commercial Regional, Commercial Regional Service, Community Commercial,Neighborhood Commercial, Office, Town Center and Industrial Districts. 10. Prohibit dynamic displays in all residential districts, public and golf course districts. Background Information The billboard signs along Highway 212 are in the Rural Zoning District and would be prohibited from converting to a dynamic display signs. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval at the January 28, 2008 meeting with the stipulation that signs change may change once every 20 minutes. Attachments 1. Draft ordinance 2. Staff Report 3. Minutes 4. PowerPoint slide handout CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.70, BY DEFINING "DYNAMIC DISPLAYS," ADDING PROVISIONS APPLICABLE TO DYNAMIC DISPLAYS 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. City Code Chapter 11, Section 11.70, Subdivision 2, Subsection 14, defining"Motion Signs," is repealed in its entirety. Section 2. City Code Chapter 11, Section 11.70, Subdivision 2 is amended by adding the following definition which is to be inserted alphabetically and the subsequent clauses renumbered consecutively: "Dynamic Display" —A sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Section 3. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection C is amended in its entirety as follows: Dynamic Displays are prohibited in all districts, except as otherwise expressly permitted in this Section 11.70. Section 4. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection 0, prohibiting Motion Signs, is repealed in its entirety. Section 5. City Code Chapter 11, Section 11.70 is amended by adding new Subdivision 7 to state as follows: Subd. 7. Dynamic Displays. A. Findings. Studies show that there is a correlation between Dynamic Displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. The City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. B. Permitted Sign Type and Locations. Dynamic Displays are permitted solely as Free-standing Signs and only in the Commercial Regional (C-Reg), Commercial Regional Service (C-Reg-Ser), Community Commercial (C-Corn), Neighborhood Commercial (N- Corn) Office (OFC), Town Center (TC) and Industrial (I, I-2, I-5 & I-Gen) zoning districts. C. Duration of Image. A Dynamic Display's image, or any portion thereof, may not change more often than once every 20 minutes, except one for which changes are necessary to correct hour-and- minute, date, or temperature information. A display of time, date, or temperature must remain for at least 20 minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three seconds. D. Transition. If a Dynamic Display's image or any portion thereof changes, the change sequence must instantaneous without any special effects. E. Prohibition on Video Display. No portion of a Dynamic Display may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. F. Prohibition on Fluctuating or Flashing Illumination. No portion of a Dynamic Display image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. G. Audio. Dynamic Displays shall not be equipped with audio speakers. H. Malfunctions. Dynamic Displays must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Dynamic Displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display when notified by the City that it is not complying with the standards of this ordinance. Brightness. All Dynamic Displays shall meet the following brightness standards: a. No Dynamic Display may exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. b. All Dynamic Displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically adjusts the sign's brightness to comply with the requirements of this Section. c. No Dynamic Display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. d. The owner or controller of the Dynamic Display must adjust the sign to meet these brightness standards in accordance with the City's instructions. The adjustment must be made immediately upon notice of non-compliance from the City. 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 4th day of March, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2008. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of , 2008 STAFF REPORT -DRAFT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: January 25, 2008 PROJECT: Draft Ordinance "Dynamic Display"Relating to Signs Displaying Animation or Electronically Changing Images or Messages INTRODUCTION On February 20, 2007, the City Council adopted a resolution authorizing a study of signs displaying animation or electronically changing images or messages. The City's current ordinance was developed at a time when "Dynamic Display" or LED signs were not envisioned. The Council directed City Staff to conduct a study on the effectiveness of the City's current sign ordinance and to determine what amendments to the City Code are necessary to effectively regulate digital signs. Pursuant to the Council's direction and in order to assist the Planning Commission and the Council in their own analysis of the issue, City Staff has compiled this report setting forth the Staff's findings along with recommended areas of regulation. HOW DOES THE CITY CURRENTLY REGULATE LED SIGNS? 1. The Eden Prairie City Code ("Code") states "no illuminated sign which changes in either color or intensity of light, flashes, scrolls, or is animated shall be permitted." Motion signs, defined as "any sign which revolves, rotates, or has any moving parts or message," are also prohibited. 2. The Code also requires a sign's light source to be diffused or directed to eliminate glare and prevent interference with traffic regulations. 3. The Code prohibits many of the advanced features LED signs are capable of, such as displaying video, animation, scrolling messages, etc. 4. The Code does not provide the City the ability to regulate other features of LED signs. For example, the Code's prohibition against changes in color or intensity of light may be insufficient to prohibit occasional, instantaneous changes of the sign's face from one static display to another. 5. The Code's regulations with respect to illumination are also insufficient to effectively regulate LED illumination. STUDIES The cities of Bloomington and Minnetonka have performed studies on the subject of digital advertising. The studies include research of many other cities and court cases throughout the United States. The studies,which are attached to this report, are: 1 • City of Bloomington, "Study Advanced Technology Outdoor Advertising," October 9, 2006. • SRF Consulting Group Report, "'Dynamic' Signage: Research Related to Driver Distraction and Ordinance Recommendations,"prepared for the City of Minnetonka, June 7, 2007. • Minnetonka Planning Commission Staff Report, June 14, 2007. • Minnetonka's and Bloomington's relevant code sections are also attached. 1. The studies find that digital signs can distract drivers, which can potentially lead to an increase in traffic accidents. 2. The studies do not definitively prove a causal relationship between digital advertising and roadway accidents because it is impossible to simulate actual driving conditions in a controlled environment. 3. The studies show a sufficient correlation between digital signs and driver distraction to support the City's ability to regulate digital signage for the general health, welfare and safety of its citizens. Staff has reviewed the studies, and the sources cited therein, and concur with their findings. Engineering staff has reviewed the SRF Consulting Group Report, and concur with the findings and recommendations. The Eden Prairie Engineering Division concurs that there is a relationship between dynamic signage and increased driver distraction and that dynamic signs should be viewed as a public safety issue for the City. (See attached Memo from the Traffic Engineer). LEGAL BASIS FOR REGULATION Cities may regulate commercial speech as long as the regulation is narrowly tailored to support an important governmental interest. Courts have ruled that ordinances restricting flashing and animated signs are constitutional.' A city may regulate signage in order to protect the health, safety, and public welfare of its citizens. This right includes controlling signage that can potentially distract drivers and increase the likelihood of traffic accidents. Courts have determined that time and temperature displays are an exception to a city's ability to regulate dynamic signs. Furthermore, many cities exclude traffic information and warnings, along with state and federal information on dynamic signs from sign ordinances. STAFF RECOMMENDATIONS City Staff recommends that the Planning Commission and Council consider the various areas of regulation set forth below and provide City Staff direction on what to include in the City's new sign ordinance. Staff recommends the following changes apply to all freestanding signs, including billboards. 1. Create a Definition of"Dynamic Displays." 'See Bloomington Study,pgs. 1-3. 2 Staff recommends adding a definition of "Dynamic Displays" to the Code. Dynamic Displays should include any display that is capable of changing messages aside from physical changing the display of the sign. Dynamic Displays include tri-vision signs, all forms of digital signs, and any other sign that is capable of changing its message without physical intervention. Minnetonka's definition is provided below as an example. Dynamic display" - any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Staff recommends removing the portions of the Code banning signs that change in color or intensity of light, flash, scroll, or contain animation or motion, and replacing them with a general prohibition against Dynamic Displays. The Code may then list certain exceptions under which Dynamic Displays will be permitted. This approach is beneficial for two reasons. First, it addresses LED technology while at the same time allowing the Code the ability to adapt to new technology. Second, it clarifies a point of confusion by removing references to flashing, scrolling, or animated signs. Overall, creating the Dynamic Display definition would give the City a valuable tool to effectively regulate all forms of dynamic signage within the City. 2. Dynamic Displays should be static, with changes to the sign's faces permitted once every 24 hours. Studies show that display changes and other unexpected stimuli can be extremely distracting to drivers. For example, one study concluded that drivers glance at dynamic signs twice as often and for longer periods than at non-dynamic signs.2 This can interfere with a driver's reaction time when stopping suddenly or in complex driving conditions. Drivers also spend more time looking at unfamiliar signs than familiar ones.3 Dynamic displays change their message, which will increase the number of unfamiliar signs a driver sees. 2 SRF Consulting Report,p.A9. 3 SRF Consulting Report,p.A7. 3 Furthermore, studies have shown that drivers may watch a sign waiting for the next change to occur.4 Humans have a natural desire to complete one task before beginning another, called the "Zeigarnik effect."5 Drivers tend to watch signs with changing images more closely, waiting for the change to occur. Based upon these studies' findings, Staff recommends permitting a sign display to change no more than once every 24 hours. Although the Staff's proposed display period is longer than many other municipalities in the area (Minnetonka's and Bloomington's are both every 20 minutes), it falls within the outer range of other cities studied.6 Staff also recommends display changes should be instantaneous without any special effects, and that animated signs, and signs that depict motion of any kind, be prohibited entirely. One final issue to consider is whether the City would like to make an exception for time and temperature signs. Courts have upheld exceptions allowing time and temperature signs. Minnetonka and Bloomington make an exception for time and temperature signs. The draft ordinance states: "Duration of Image. A Dynamic Display's image, or any portion thereof, may not change more often than once every 24 hours, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. A display of time, date, or temperature must remain for at least 24 hours before changing to a different display,but the time, date, or temperature information itself may change no more often than once every three seconds." 3. Define Brightness Levels The brightness of any sign raises safety concerns. "Disability glare" occurs when a driver is exposed to light so bright that it temporarily impairs their vision. "Discomfort glare" occurs when the light is bright enough to cause distraction but does not impair vision. Both can be dangerous and increase the potential for accidents. The brightness of all signs should be regulated by the City's ordinance. Dynamic signs, especially those comprised of LED lights, can give off significantly more light than traditional signs. Staff recommends that no sign should be bright enough to impair the vision of a driver with normal eyesight at any time during a continuous 24 hour period. Dynamic signs should have the same appearance as traditional signage with normal light configurations. Bloomington and Minnetonka each follow a different method of regulating brightness. Bloomington permits a maximum illumination of 5,000 nits during daylight hours 4 Minnetonka Planning Commission Staff Report,p.2. 5 Bloomington Study,p.4; SRF Consulting Report,p.A10;Minnetonka Planning Commission Staff Report,p.2. 6 SRF Consulting Report,p.A23. 7 SRF Consulting Report,p.A18-A19. 4 and 500 nits between sunset and sunrise. A nit is the measure of light emanating from the sign with respect to the size of the sign. It is the total amount of light emitted divided by the surface of the sign area or candelas per square meter. Light can be factory set using a spectral photometer. If the City follows this method, the City should determine the maximum nits for day and night, and whether theregulations will vary between different districts that have diverse signage setbacks. Minnetonka has determined that it is too difficult to accurately measure nits. Instead, Minnetonka's ordinance contains three general prohibitions: 1) No sign may be brighter than is necessary for clear and adequate visibility. 2) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or otherwise interfere with the driver's operation of a motor vehicle. 3) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. These general prohibitions permit Minnetonka to determine if a sign is too bright without measuring nits. The ordinance also includes an appeals process whereby the sign owner may appeal the city's determination. The City should consider which method of regulating brightness — Bloomington's or Minnetonka's — best meets the City's requirements. With respect to brightness, Staff recommends: 1. Establish a measurable brightness level. (the Nit) 2. Require signs to be equipped with a mechanism to control the sign's brightness. 3. Establish the city's authority to disable or turnoff a sign that malfunctions in a manner that creates excessive glare or brightness. 4. Establish a requirement for a written certification from the sign manufacturer that the sign has been preset to limit the maximum light intensity. 5. Require sign owners to provide an accurate field method of insuring that maximum light levels are not exceeded. 4. Sign Maintenance Studies have shown that a poorly maintained dynamic sign distracts drivers.8 For example, if a malfunctioning sign becomes difficult to read or acts in some other unexpected fashion, drivers are more likely to spend more time looking at the sign. A malfunctioning LED sign can become excessively bright. Minnetonka's ordinance 8 Bloomington's Study,p. 5. 5 requires dynamic signs to be equipped with a mechanism that will freeze the sign in one position if a malfunction occurs. The signs must also be equipped with a means to immediately turn off the display if it malfunctions or does not comply with the ordinance's standards.9 Staff recommends including similar regulations in the Eden Prairie's ordinance. 5. Locations The Code already restricts the size and location of various types of signs by zoning district. Staff recommends that the location of dynamic displays be regulated as follows: 1. Permit LED signs in the Commercial Regional, Community Commercial, Neighborhood Commercial, Commercial Regional Service, Office, Town Center and Industrial Districts. 2. Prohibit LED signs in all residential districts,public and golf course districts. SUMMARY OF STAFF RECOMMENDATIONS 1. Create new"Dynamic Display" definition in City Code. 2. Permit dynamic displays to change instantaneously once every 24 hours. 3. Establish a measurable brightness level 4. Prohibit dynamic displays from using video, animation, or any appearance of movement. 5. Establish a requirement for a written certification from the sign manufacturer that the sign has been preset to limit the maximum light intensity. 6. Establish LED brightness standards that require signs to be equipped with a mechanism to control the sign's brightness. 7. Require dynamic display owners to provide an accurate field method of insuring that maximum light levels are not exceeded. 8. Establish the city's authority to disable or turnoff a sign that malfunctions in a manner that creates excessive glare or brightness. 9. Permit dynamic displays in the Commercial Regional, Commercial Regional Service, Community Commercial,Neighborhood Commercial, Office, Town Center and Industrial Districts. 10. Prohibit dynamic displays in all residential districts,public and golf course districts. 9 Minnetonka Planning Commission Staff Report,p. 6 6 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JANUARY 28, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Michael Franzen, City Planner Regina Herron, Planner II Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE —ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig and Powell. II. APPROVAL OF AGENDA MOTION by Seymour, seconded by Stoltz, to approve the agenda. Motion carried 7-0. PUBLIC HEARINGS B. SIGN CODE CHANGE—DYNAMIC DISPLAY ORDINANCE Regina Herron used a PowerPoint presentation to explain the changes to the City Code relating to dynamic display signs. She stated the Code needs to be changed because the City's current ordinance was developed at a time when Dynamic Display signs were not envisioned. Herron added that the proposed ordinance would create a definition , define brightness levels, include maintenance standards, set a time limit for changing signs, and regulate where the signs would be permitted. Stoelting opened the meeting up for public input. There was no input. Schultz said he agrees with the Staff on everything but the time issue. He felt every 24 hours for sign changing is too long of a time period. Kirk asked if the City sign was a dynamic sign. Franzen said it is a dynamic sign and was built before the code was changed to prohibit moving signs. Kirk stated that the 24 hour change time is too limiting, especially for gas stations. He does believe signs changing every 8 seconds are a hazard. A time frame more consistent with the neighboring cities should be looked at. Franzen staed Minnetonka and Bloomington have a 20 minute interval for sign change. The sign on 494 changes every 8 seconds. Pitzrick concurred with Kirk and said he would like to go with a 20 minute time change. Rocheford concurred with Pitzrick, as does Powell and Stoltz; to go with the 20 minute time change. Kirk said in regards to the brightness level, there needs to be some way to measure it because some colors may be distracting. In regards to Kirk's question, Stoelting asked Franzen if the NIT testing takes in color and background. Franzen said NIT is light coming from the sign so color is taken into consideration. The common industry standard is 500—5,000 nits measured from the brightness color which is white. Franzen added that the signs need a mechanism in place that if the sign is brighter than what it should be, the sign should automatically turn off Stoelting agrees that shorter than 24 hours would be appropriate and he said he is also comfortable with the other recommendations. He asked Franzen for guidance on the time change. Franzen stated once every 20 minutes is reasonable and consistent with neighboring cities. The Commission Members concurred 20 minutes would be appropriate. Stoelting asked if billboards could be placed on Highway 312. Franzen said the code does not permit billboards anywhere in the city. Stoltz asked how the City would establish sign maintenance regulations. Herron said Staff recommends when a sign is malfunctioning, the image will freeze or the sign will shut off automatically until it can be repaired. Stoltz asked if dynamic display signs are programmed remotely. Herron said she believes they are programmed remotely. Franzen commented that signed permit application would have to show that the sign can be shut off if it is malfunctioning. MOTION by Kirk, seconded by Schultz, to close the public hearing. Motion carried 7-0. MOTION by Kirk, seconded by Schultz, to recommend approval for the Sign Code Change for Dynamic Display Signs, with the stipulation signs change no more often than 20 minutes. Motion carried 7-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Development/Planning Public District and Airport Sign Janet Jeremiah Code Amendments Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending City Code Chapter 11, Section 11.70, relating to the Public District and Airport sections of the Sign Ordinance. Synopsis There are four minor changes proposed: 1. Allow buildings in the public district to have an 80 square foot sign on one street frontage and 36 square feet for other frontages. 2. Allow buildings in the public district to have a 50 square foot sign per wall per street frontage and one 30 square foot sign per accessory use on the ground floor elevation. 3. The code currently exempts religious symbols from being included in the calculation of sign area for wall signs and free standing signs. The exemption is stated in two different paragraphs. The editing change is to combine the requirements into one paragraph. 4. Change "Airport District"to "Airport." Background Information The proposed changes to the public district will treat signs in a similar manner to commercial, office, and industrial districts by allowing signs per frontage rather than a sign per lot. It will also permit slightly larger but more readable signs on the wall of the building. The change relating to airport signs eliminates the word district since there is no airport zoning district. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the code changes at the January 28, 2008 meeting. Attachment 1. Proposed Ordinance 2. PC Staff Reports January 25, 2008 3. PC Minutes January 28, 2008 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.70 RELATING TO SIGN PERMITS; 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. City Code Section 11.70, Subd. 4"District Regulations",F. is amended by deleting F. 1. (a) in its entirety and replacing it with the following: (a) A building site having one street frontage may have one free-standing sign not to exceed 80 square feet. Section 2. City Code Section 11.70, Subd. 4"District Regulations",F. is amended by deleting F. 1. (b) in its entirety and replacing it with the following: (b) Where a building site has two or more frontages,one free-standing 80 square foot sign shall be permitted,and the additional frontages may each be permitted a free-standing sign not to exceed 36 square feet. Section 3. City Code Section 11.70, Subd. 4"District Regulations",F. is amended by deleting F. 2. in its entirety and replacing it with the following: 2. Wall Signs: (a) One building identification sign per wall per street frontage not to exceed 50 square feet is permitted. (b) One identification wall sign per accessory use attached to the exterior wall of the building at the ground floor not to exceed 30 square feet is permitted. (c) Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs. (d) Signs shall be uniform in design. Section 4. City Code Section 11.70, Subd.4"District Regulations",F. is amended by adding a new Subd. 4 as follows: 4. Religious Symbols: Religious symbols shall not be considered part of the free-standing sign or wall sign area. Section 5. City Code Section 11.70, Subd.4"District Regulations",F.is amended renumbering existing subsection 4, 5, 6, and 7 as 5, 6, 7 and 8. Section 6. City Code Section 11.70, Subd.4"District Regulations",H.is amended by deleting in the title the word"District". Section 7. 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 day of , 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2008. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Newspaper on , 2008. STAFF REPORT: TO: Planning Commission FROM: Steve Durham, Planner II, Michael D. Franzen, City Planner DATE: January 25, 2008 SUBJECT: Sign Code Change to the Public and Airport portion of the City Code PROPOSED SIGN CODE CHANGE—PUBLIC ZONING DISTRICT 1. Permit a freestanding 80 square foot sign on one frontage and a freestanding 36 square foot sign on other frontages. The existing code permits one 80 square foot free standing sign per lot. There are properties zoned public (schools and churches) that have multiple street frontages. Permitting signs per street frontage would be similar to office, commercial, and industrial districts. Grace Church and Eden Prairie High School were granted waivers to have additional signs per street frontage 2. Permit a 50 square foot wall sign per street frontage and a 30 square accessory sign on the ground floor. The existing code permits one 24 square foot per building. If the building is on a corner lot a 24 square foot sign can be located on one wall and an 18 square foot sign can be located on the other wall. Permitting signs per street frontage would be similar to office, commercial, and industrial districts. Accessory signs are permitted in the office commercial and industrial districts. 3. Religious Symbols. The code currently exempts religious symbols from being included in the calculation of sign area for wall signs and free standing signs. The exemption is stated in two different paragraphs. The editing change is to combine them into one paragraph as follows. • Religious Symbols: Religious symbols shall not be considered part of the free-standing sign or wall sign area. PROPOSED SIGN CODE CHANGE -AIRPORT 1. Change "Airport District" to "Airport". The code does not have an Airport zoning district and there is no airport zoning designation on the map. This is a housekeeping item. STAFF RECOMMENDATION The staff recommends approval of the changes to the sign code. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JANUARY 28, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Michael Franzen, City Planner Regina Herron, Planner II Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE —ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig and Powell. II. APPROVAL OF AGENDA MOTION by Seymour, seconded by Stoltz, to approve the agenda. Motion carried 7-0. PUBLIC HEARINGS A. SIGN CODE CHANGE—PUBLIC AND AIRPORT SIGNS Franzen presented the Sign Code Change. He pointed out this topic was continued from the last meeting. He pointed out there are four minor changes proposed. 1. Allow buildings in the public district to have an 80 square foot sign on one street frontage and 36 square feet for other frontages. The code currently allows one 80 square foot sign per property. 2. Allow buildings in the public district to have a 50 square foot sign per wall per street frontage. The code currently allows a 24 square foot and an 18 square foot. 3. The code currently exempts religious symbols from being included in the calculation of sign area for wall signs and free standing signs. The exemption is stated in two different paragraphs. The editing change is to combine the requirements into one paragraph. 4. Change "Airport District"to "Airport". The code does not have an Airport zoning district and there is no airport zoning designation on the map. Stoelting opened the meeting up for public input. There was no input. MOTION by Stoltz, seconded by Seymour, to close the public hearing. Motion carried 7-0. MOTION by Stoltz, seconded by Rocheford, to recommend approval of the Sign Code Change for Public and Airport. Motion carried 7-0. CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Leslie Stovring Approve First Reading of an Ordinance Public Works/Environmental Amending City Code Section 11.51 Requested Action Move to: Approve First Reading of an Ordinance Amending City Code Section 11.51 Relating to Standards for the Protection of Wetlands. Synopsis Eden Prairie first adopted the Wetland Protection Code on February 10,2000. In March 2008(this date is incorrect) standards were added for adoption of Local Government Unit (LGU) status for Lower Minnesota River Watershed District as the District did not have the resources to provide Wetland Conservation Act (WCA)review. This amendment incorporates changes to address the following: 1. Adoption of LGU status for Riley-Purgatory-Bluff Creek Watershed District. RPBCWD passed a resolution in December 2007 that they would no longer provide WCA services after April 2008 for the City of Eden Prairie. Development issues within RPBCWD are more complex than those incurred with the Lower Minnesota LGU responsibilities and additional provisions were required prior to adoption of this amendment. 2. Revisions to WCA that were made in 2007. 3. Incorporation of proposed revisions to the Nine Mile Creek Watershed District (NMCWD) to wetland rules which are scheduled to be adopted by the District Board on March 19, 2008. 4. Miscellaneous housekeeping items that have arisen in day to day application of the ordinance. Planning Commission Recommendation The Planning Commission voted 6 to 0 to recommend approval of the changes to the Wetland Ordinance and incorporation of comments made during the February 11, 2008 meeting. Mr. Kevin Bigalke from Nine Mile Creek Watershed District also attended the meeting and provided comments which are attached. Background Information The following list outlines the more significant revisions to the Code in the order in which they appear in the revised ordinance. Remaining items include minor editorial revisions. The attached ordinance shows a detailed summary of the changes made. Copies of the draft ordinance were provided to Riley- Purgatory-Bluff Creek Watershed District, Nine Mile Creek Watershed District, Lower Minnesota River Watershed District,the Board of Water and Soil Resources, local wetland consultants and other interested parties for review and comment. Subd. 3—Definitions Definitions were added for acronyms used within the Code,many of which are not specifically defined in WCA or elsewhere in the Code. These include Combined Wetland Permit Application,Local Government Unit(LGU),No-Loss Determination, Sequencing Flexibility,Technical Evaluation Panel(TEP),Wetland Delineation,Wetland Determination and Wetland Replacement. Subd. 4—General Provisions As the City will be the LGU for the majority of the City, performance standards are introduced for determining the presence or absence of wetlands, report preparation guidelines and report submittal requirements in relation to the growing season. Wetland determination or wetland delineation reports will be required to be submitted for review and approval during the growing season,and at least 1 week prior to scheduling the field review. Subd. 4 (D)—General Provisions Limits on activities which can occur in wetlands were added. This includes wetland alteration, digging, building, paving, mowing, dumping, and yard waste disposal. The intent is to protect the wetland in its natural condition. Invasive species could be removed as needed. Subd. 4 (M)— General Provisions If alteration of wetlands is proposed, a report documenting the analysis of how the developer would avoid and minimize impacts must be provided with the Development Application. This must include a minimum of three (3) alternative plans, including one "no-impact" option. Preference for replacement of wetland impacts through restoration or expansion of existing or historic wetlands onsite was added. The applicant could look for off-site alternatives if replacement on-site is not reasonably or practically feasible or if the area available has public value that will be preserved by a Conservation Easement. Purchase of off-site mitigation would be preferred within the Lower Minnesota River watershed. Subd. 4 (N)— General Provisions Flexibility in the application of the sequencing steps (avoid, minimize or replace) will not be considered unless the proposed replacement wetland will provide equal or greater functions and values and the wetland to be replaced is degraded to the point where replacement would be preferred or preservation of the wetland is not desirable. Subd. 6 Table 1 — Wetland Buffer Strips and Setbacks The wetland buffer strip and setback and alternative wetland buffer strip and setback tables have been merged into one overall table. These changes will in some cases for higher quality wetlands result in greater setbacks, but will mirror the new Nine Mile Creek Watershed District rules while allowing developers flexibility in how to meet the buffer width requirements,resulting in consistent regulations throughout the City. Subd. 7—Monumentation The type of monuments is changed from carsonite to steel construction, similar to what the Parks Department uses. Standards for the Protection of Wetlands—First Reading March 4, 2008 Page 2 of 3 Subd. 12—Special Requirements for Wetland Conservation Act(WCA) Services A number of requirements were added for projects where the City is LGU. This includes additional standards for the application, fees and bond requirements for the various types of reports that will now be required, as well as the following. • Minimum standards for field review and report submittals are established. All reports would be reviewed and approved by the Environmental Coordinator. • Wetland replacement plans would be reviewed by the Environmental Coordinator. Plans that propose impacts of more than 5,000 square feet would be forwarded with the development plans for approval by the City Council. Approvals would be valid for three years. Staffing and Financial Impacts of this Revision Adoption of LGU status for RPBCWD will include a significant investment of staff time to evaluate wetland delineations,reports,applications and inspections of wetland replacement areas. Barr Engineering Company will be hired to act as the City's consultant to off-set most of the increased work load. They have been administering WCA services for Riley-Purgatory-Bluff Creek Watershed District and Nine Mile Creek Watershed District since the late 1960's. Provisions are included in the amended ordinance to allow for the collection of additional fees from proponents to cover these costs, which will be very similar to what the District charged for their administration of these responsibilities. At this time,it is anticipated that the use of consultants will enable the City to provide these increased service responsibilities. However,with the ever changing landscape of environmental regulation and the level of development/redevelopment that might occur in Eden Prairie, additional staffing may be necessary in the future. Attachments • Annotated copy of City Code Section 11.51 amendment • Comments received from Nine Mile Creek Watershed District Standards for the Protection of Wetlands—First Reading March 4, 2008 Page 3 of 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE SECTION 11.51 RELATING TO ESTABLISHMENT OF STANDARDS FOR THE PROTECTION OF WETLANDS 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. City Code Chapter 11 - Section 11.51 entitled"Standards for the Protection of Wetlands"is amended as follows: SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS Subd. 1. Preamble This Code hereby incorporates by reference the Wetlands Conservation Act [Minnesota Statutes 103G.221 et seq. (herein after referred to as the WCA)] as amended and any future amendments adopted by the lcgislaturcMinnesota Rules Chapter 8420 as amended. All wetlands, as defined in Section 11.51,Subd.3 of this Code,including those governed by the Department of Natural Resources, are covered by this Code. Standards outlined in this ordinanccCode have precedence over WCA in situations where the City ordinanccCode is more restrictive than WCA. In unique situations where the physical characteristics of a specific parcel of land preclude the strict enforcement of these regulations, alternatives to these standardsThe following watershed districts are establishedlocated in Section 11.51, Subd. 7 of this Code. the City: 1. Lower Minnesota River 2. Nine Mile Creek 3. Riley Purgatory Bluff Creek The City is the acting Local Government Unit (LGU) for the Lower Minnesota River and Riley Purgatory Bluff Creek Watershed Districts. Subd.2. Purpose Through the adoption and enforcement of this Code,the City shall promote the general health,safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices as provided for in the WCA when development occurs in the vicinity of wetlands. It is theThe intent of this ordinanccCode is to avoid the alteration and destruction of wetlands. Through thelly implementation of this Code,the City seeks to accomplish the following purposes: Standards For The Protection Of Wetlands March 4,2008 Pare 111(25 1. Balance the need to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; 2. Promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water,to prevent soil erosion,and to retain sediment,nutrients and toxicants in wetland buffer strip areas before it discharges into community wetlands,lakes and streams,thus avoiding the contamination and eutrophication of these water features; 3. Reduce human disturbances to wetlands by providing a visual and physical transition from surrounding yards;and 4. Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. Subd.3.Definitions. The following terms,as used in this Section,shall have the meanings stated. Terms not defined shall have the meaning as stated in Section 11.02: A. "Applicant"—The"Applicant"means the person submitting a Development Application to the City. B. "Bog"—A"Bog"is a Type 8 Wetland as defined by U.S.Fish and Wildlife Circular 39. C. "City Manager"—The"City Manager"means the City Manager or his/her designee." D. "City Wetland Map"—The"City Wetland Map"is referenced as the City's Water Body Map as developed for the City's Local Water Management Plan and as amended from time to time as wetland,lake and stormwater pond conditions change or new information is collected. The City map adopted by this ordinance shall be prima facie evidence of the location and classification of a wetland. E. Combined Wetland Permit Application—An application form provided by the Minnesota Board of Water and Soil Resources (BWSR) for water and wetland projects affecting lakes, rivers, streams or wetlands. The Combined Wetland Permit Application is a single form that is completed and submitted to the Local Government Unit (LGU), the Department of Natural Resources(DNR),the Hennepin Conservation District(Hennepin County)and the U.S.Army Corps of Engineers(USACOE)for review and approval. F. "Development Application" — "Development Application" includes but is not limited to applications for Land Development, Site Plan Review, Planned Unit Development, rezoning, platting,land alteration,Wetland Banking Wetlara r itigatio, wetland alteration,wetland no- loss determination or Wetland Replacement or Wetland Restoration. G. "Hydroperiod"—The extent and duration of inundation and/or saturation of wetland systems. H. "Local Government Unit"—The"Local Government Unit"(LGU)is a city council,town board, watershed management organization under Minnesota Statutes Section 103B.205,soil and water Standards For The Protection Of Wetlands March 4,2008 Pare 2 of 25 conservation district or their delegate. In cases where activity or replacement will occur on state land,the agency with administrative responsibility for that land is the LGU. I. "MinRAM"—The Minnesota Routine Assessment Methodology(MinRAM) as referenced in Minnesota Rules Chapter 8420. MinRAM is a field tool used to assess wetland functions on a qualitative basis. Functions include floralitems such as vegetative diversity and integrity;wildlife habitat;water quality protection;flood&stormwater attenuation;recreation,aesthetics,education &science;fishery habitat;shoreline protection;groundwater interaction;and commercial uses. J. "Native Vegetation, Native" - Plant species indigenous to or naturalized to the State of Minnesota, or that expand their range into Minnesota without being intentionally or unintentionally introduced by human activity,and are classified as native in the Minnesota Native Plant Database (Minnesota Dept. of Natural ResourcesDNR, 2002 or as amended). Native vegetation-Vegetation does not include Weeds. K. "No-Loss Determination"—An application to the Local Government Unit(LGU)to evaluate whether the proposed work will result in a loss of wetland within the property. This would include activities listed in Minnesota Rules Section 8420.0220. The landowner is responsible for submitting the proof necessary to show qualification for the claim. The LGU may evaluate evidence for a no-loss claim without making a determination. L. "NURP Pond" — A stormwater pond constructed to meet National Urban Runoff Program (NURP)requirements. M. "Public Value Credit(PVC)"—Wetland replacement credit that can only be used for the portion of wetland replacement requiring greater than a 1:1 ratio of wetland fill to wetland replacement as allowed by Minnesota Rules 8420. N. "Setback"—The minimum horizontal distance between a structure and the nearest edge of the wetland buffer strip. O. "Scientific or Natural Area"—An area designated by local,state or federal action as providing unique qualities such as recreational,scientific or educational uses. This would include,but is not limited to areas that: • Have resources restored for specific purposes,such as water quality improvement,wetland replacement or wildlife habitat, • Have a direct hydrologic association with a designated trout stream, • Border the Minnesota River, • Are recognized as an Outstanding Resource Value Water(Minnesota Rules Chapter 7050), • Are within an environmental corridor identified in a local water management plan, • Are part of a sole-source aquifer recharge area, • Provide endangered species habitat,or • Have biological communities or species that area listed in the Natural Heritage inventory database. Standards For The Protection Of Wetlands March 4,2008 Pare 3 of 25 P. "Sequencing Flexibility"-Sequencing Flexibility is implemented after all alternatives have been considered in accordance with Minnesota Rules 8420.0520 and Section 4 of this Code. A "Sequencing Flexibility Report" must be provided if sequencing flexibility is requested to document that these conditions have been met and the proposed action or alternative. Q. "Structure"-A"Structure"means a Structure as defined in Section 11.02,56 59 of this Code. R. "Technical Evaluation Panel"-A"Technical Evaluation Panel"(TEP)is established for each LGU under Minnesota Rules 8420.0240. The TEP assists the LGU in making technical findings and provides recommendations for projects involving wetland alteration or wetland impacts at the request of the LGU,landowner or a member of the TEP. The TEP must include at least one technical representative from each of the following: • Board of Water and Soil Resources(BWSR) • Hennepin Conservation District(Hennepin County) • Local Government Unit(LGU) For projects involving public wetlands or affecting wetlands adjacent to public waters or public waters wetlands,the TEP shall include a technical professional employee of the DNR. The LGU or TEP may invite additional expertise to assist in the decisions. The TEP shall be coordinated by the LGU. S. "Weeds"-Weeds are(i)noxious weeds as defined and designated pursuant to the"Minnesota noxious weed law",Minnesota Statutes,Sections 18.76-18.88,as amended from time to time,or (ii)any volunteer plants,such as but not limited to spotted knapweed(Centaurea maculosa)or burdock(Arctium minus). For the purposes of this definition,weeds do not include dandelions or clover. The City Weed Inspector and/or Assistant City Weed Inspector shall maintain a current list of volunteer plants that are prohibited. T. _"Wetland"-Lands transitional between terrestrial and aquatic systems,either created or natural, where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition,wetlands must: • Have a predominance of hydric soils; • Be inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions;and • Under normal circumstances support a prevalence of hydrophytic vegetation. U. "Wetland Alteration"-Alteration of a wetland includes changes to the wetland and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of the watercourse;,ditching;or-tiling;grading;draining;discharge of water;appropriation of water; changes in vegetation;or otherwise altering or destroying a wetland or wetland buffer or their functions. Alterations would not include wetlandNative Vegetation plantings or selective clearing or pruning of prohibited or restricted noxious weeds as defined in Minnesota Rules 1050Sections 1505.0730 to 10501505.0750,unless within a Conservation Easement in which case submission Standards For The Protection Of Wetlands March 4,2008 Pare 4 of 25 of and written approval by the City of a Vegetation Management Plan€remon a form provided by the City is required. I V. "Wetland Buffer Strip"-An area of vegetated ground cover around the perimeter of a wetland that,either in its natural condition or through intervention,has the characteristics of a Buffer as defined in Section 11.02,Subd.7 of this Code,"Buffer". A"Wetland Buffer Strip Evaluation Report"is a report summarizing the results of an evaluation of the wetland and Wetland Buffer Strip in relation to the requirements defined in Section 11.51 Subd. 8 of this Code. W. "Wetland Delineation"—An assessment tool utilized to determine the boundary of a wetland using the US Army Corps of Engineers Wetland Delineation Manual(January 1987)as well as any additional boundary determination requirements established in Minnesota Rules Chapter 8420. A"Wetland Delineation Report"is a document that summarizes the observations,results and conclusions performed during the assessment when wetlands are present on the property. X. "Wetland Determination"—An assessment conducted utilizing the US Army Corps of Engineers Wetland Delineation Manual(January 1987)to determine whether a wetland is present within the property that may be impacted by a proposed project. A "Wetland Determination Report" documents the conditions that lead to the conclusion that wetlands may or may not be present on the property. Y. "Wetland Plan"—A"Wetland Plan"includes a summary of all work items to be completed in relation to any wetland alteration or wetland or wetland buffer strip restoration,replacement,or construction and the estimated cost for each item. Work items include,but are not limited to, wetland buffer strip monument purchase and installation Weed control:,landscaping within the wetland or wetland buffer strip;wetland or wetland buffer strip restoration;wetland and wetland buffer strip monitoring; wetland replacement monitoring; or any items determined to be incomplete during the development review process. Z. "Wetland Replacement"—Wetland habitat enhancement;wetland creation;restoration of wetland habitat or functions;construction;replacement;banking;wetland buffer habitat creation;wetland enhancement;or stormwater system construction.As a result New Wetland Credit(NWC)and/or Public Value Credit(PVC) are established for replacement of wetland impacts,loss of public values of the wetland functions or Wetland Alterations. A Wetland Replacement Plan summarizes the Wetland Alteration and the method in which the Wetland Alteration and/or loss of wetland function will be replaced as required in Minnesota Rules 8420. AA. "Wetlands, Exceptional Quality" - Exceptional Quality wetlands have an exceptional floralvegetative diversity and integrity function,based on the results of MinRAM. They typically have an undisturbed plant community or a plant community that is sufficiently recovered from past disturbances such that it closely represents pre-European settlement conditions. The wetlands contain an abundance of different plant species with dominance evenly spread among several species. Such wet ads may s„pport someThey will contain very few non-native species and they may have or previously had rare, threatened or unasualendangered plant species. Invasive or exotic plant species are either absent or limited to small areas where some disturbance has occurred. These wetlands exhibit no evidence of significant man-induced water level Standards For The Protection Of Wetlands March 4,2008 Pare 5 of 25 fluctuation. Reference wetlands established in the City's"Comprehensive Wetland Protection and Management Plan"dated November 1999 are also included in this category. I BB. "Wetlands, High Quality" - High quality wetlands have a high floralvegetative diversity and integrity function,based on the results of MinRAM,and are still generally in their natural state. They tend to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant species may be present and species dominance may not be evenly distributed among several species. There tends to be little evidence of water level fluctuation due to storms and their shorelines are stable with little evidence of erosion. They show little if any evidence of human influences resulting in higher levels of species diversity,wildlife habitat and ecological stability. CC. "Wetlands, Moderate Quality" - Moderate quality wetlands have a moderate floralvegetative diversity and integrity function,based on the results of MinRAM. They have a slightly higher number of native,non-invasive plant species present than low quality wetlands,often with small pockets of indigenous species within larger areas dominated by non-native,invasive-e exotic or weed species. Their relatively greater species diversity results in slightly better wildlife habitat. They exhibit evidence of relatively less fluctuation in water level in response to storms and less evidence of shoreline erosion than low quality wetlands. They also exhibit relatively less evidence of human influences and therefore,tend to be of a higher aesthetic quality than low quality wetlands. DD. "Wetlands, Low Quality" - Wetlands included in this category have a low floralvegetative diversity and integrity functions, based on MinRAM, and have been substantially altered by activities such as agricultural or urban development that caused over-nitrification,soil erosion, sedimentation and/or water quality degradation. As a result of these factors these wetlands exhibit low levels of plant species vegetation diversity; overcrowding and dominance of saeh invasive or non-native species such as reed canary grass,cattails and purple loosestrife; and a related reduction in the quality of wildlife habitat. These wetlands may also tend to exhibit extreme water level fluctuations in response to ctormarain events and show evidence of shoreline erosion. These wetlands do provide for water quality and serve an important role in protecting water quality downstream. A. "Wetland Type" The EE. "Wetland Type"—The"Wetland Type"for each water regime will be determined in accordance with United States Fish and Wildlife Service Circular No.30 (1971 Edition) and/or Minnesota Rules 8120. For wetlands greater than 10 acres in size, the overall wetland type shall be one of the following: ), Classification of Wetlands and Deepwater Habitats of the United States (Cowardin et al. 1979), Eggers and Reed (1997) and Minnesota Rules Chapter 8420. Each wetland type, which represents at least 10% of the vegetated wetland, including submergent vegetation, must be classified. For Wetland Replacement Plans, the wetland community classification listed in Minnesota Rules 8420.0549 must be used to determine wetland replacement ratios. 1. The wetland type with the deepest water regime within the wetland and within 300 feet of the impact, Standards For The Protection Of Wetlands March 4,2008 Pare 6 of 25 2. The wettest dominant water regime if is greater than 20%of the wetland types present within the wetland, or 3. Other method pre approved in writing by the City Manager or his/her designee. For wetlands less than 40 acres in size,the overall wetland type shall be the wetland type with the deepest water regime within the entire wetland. FF. "Wildlife Habitat"-Plant communities that support wildlife in a natural,undomesticated state. GG. "Yard"—That portion of a lot not occupied by a Structure. Yard does not include any wetlands or wetland buffer strips on the property. HH. "Yard-Front"—The portion of a Yard extending across the front of the lot between the side lines of the lot and lying between the front line of the lot and the nearest line of a building. II. "Yard-Rear"—The portion of a Yard between the rear lines of the building and the rear line of the lot,for the full width of the lot. JJ. "Yard-Side"—The portion of a Yard between the building and the side lot line,and extending from the front lot line to the furthest extent of the rear lot line. Subd.4. General Provisions—Identification,Evaluation,Delineation,MitigationReplacement, Testing and Reporting Requirements. A. This Code shall apply to all lands containing wetlands and lands within the setback and wetland buffer strips required by this Code. Wetlands shall be subject to the requirements established herein,as well as restrictions and requirements established by other applicable Federal,State,and City ordinances and regulations.These wetland protection regulationuNothing herein shall net-be construed to allow anything otherwise prohibited in the zoning district where the wetland is located. This Code establishes four wetland classifications as defined in Section 11.51,Subd.3 of this Code;Exceptional Quality,High Quality,Moderate Quality,and Low Quality. A. Additional requirements for wetland identification,delineation,mitigation,testing and reporting within the Lower Minnesota River Watershed District(LMRWD)shall be in accordance with the requirements outlined in Section 11.51,Subd. 12 of this Code as well as those set forth below in Subd.4 C through I. B. The presence or absence of a wetland on the City Wetland Map does not represent a definitive determination as to whether a wetland covered by this Code is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the City Wetland Map are still subject to the provisions of the this Code. It C. Additional requirements for wetland identification,delineation,replacement,testing,reporting and bonding within areas where the City is the responsibilityacting LGU shall be in accordance Standards For The Protection Of Wetlands March 4,2008 Pare 7 of 25 with the requirements outlined in Section 11.51,Subd.11 of this Code as well as those set forth in Subd.4. D. Activities including,but not limited to,Wetland Alteration,digging,building,paving,mowing, cutting, dumping,yard waste disposal, fertilizer application,placing of debris and removal of vegetation are prohibited in wetland areas.Invasive non-Native Vegetation,such as European or glossy buckthorn and noxious weeds may be removed unless the area is in a Conservation Easement, in which case a Vegetation Management Plan on a form provided by the City is required. E. The Applicant temust determine whether a wetland exists on a subject property or within the setback from a wetland on an adjacent property. The following report(s)must be provided based on site conditions. It is the responsibility of 1. If no wetlands are present,the Applicant temust document site conditions in a Wetland Determination Report that includes evaluation of vegetation, hydrology and soil conditions. 2. If a wetland is present,the Applicant must delineate and document the wetland boundary of wetlands on the subject propertyboundary of the wetland(s)and the Wetland Type(s) in a Wetland Delineation Report in accordance with City and WCA requirements("Wetland Delineation Report") and to cvaluatedocument the conditions of the wetland buffer strip in accordance with Section 11.51, Subd. 9 of the City Code (Wetland Buffer Strip Evaluation Report). The Wetland Delineation Report and Wetland Buffer Strip Evaluation Report shall be valid for a period of no more than 3 years from the date of the field delineation for these reports. D. Written documentation identifying the presence or absence of wetlands on the property,including all Wetland Delineation Reports and Wetland Buffer Strip Evaluation Reports,must be provided to the City by the Applicant with the Development Application. It is the responsibility of the Applicant to contact the City to obtain a wetland or water body identification number and any information regarding the documented wetland,including any existing MinRAM information,for inclusion in any documentation provided to the City by the Applicant. The Applicant must also contact the City to obtain a water body identification number for any existing or proposed ctormwatcr or NURP pond within the Development. Report in accordance with Subdivision 8 of this Code. F. A determination of the function and value of the wetland(s)using the most recent version of MinRAM or other approved assessment methodology under Minnesota Rules Chapter 8420 must be completed by the Applicant: 1. For wetlands which are not identified on the City Wetland Map; 2. For wetlands for which the Applicant's wetland information is significantly different in function,size or position from the City's assessment;or 3. If required by the City Manager or his/her designee. The MinRAM assessment must be submitted to the City with the Wetland Delineation Report. Standards For The Protection Of Wetlands March 4,2008 Pare 8 of 25 FG. Wetland Determination,Wetland Delineation and Wetland Buffer Strip Evaluation Reports shall be valid for no more than 3 years from the date of the field delineation for these reports unless required earlier by the Environmental Coordinator due to changes in site conditions such as in hydrology,soils or vegetation. H. Wetland Delineation and Wetland Determination Reports shall be prepared as outlined in Minnesota Rules Chapter 8420 and in the U.S. Army Corps of Engineers "Guidelines for Submitting Wetland Delineations to the St.Paul District Corps of Engineers and Local Units of Government in the State of Minnesota"and must include information necessary for the City to determine the wetland boundary and Wetland Type, including wetland delineation field data sheets,survey of the wetland evaluation area,soil analysis data,vegetation data and hydrology information both within and outside of the proposed wetland boundary. I. Wetland Delineation, Wetland Determination Reports and MinRAM assessments conducted outside of the growing season will not be accepted for final review and approval by the City until the following growing season. Determination of non-growing season conditions will be in accordance with the"Guidelines for Submitting Wetland Delineations to the St. Paul District Corps of Engineers(COE)and Local Units of Government in the State of Minnesota"issued on April 17, 1996 (Publication 96-01078-SDE), unless the vegetation cataloging or hydrology conditions are,in the judgment of the Environmental Coordinator,unreliable. Approvals may be granted for Wetland Delineation, Wetland Determination Reports and MinRAM assessments conducted during the growing season, but submitted during the non- growing season,if the Environmental Coordinator determines there is sufficient information in the report and visible in the field at the time of the field verification to assess the three wetland parameters(hydrophytic vegetation,hydric soils and hydrology)in relation to placement of the wetland delineation line. If proper assessment of the delineation is not possible during the non- growing season, the City would consider the application incomplete until such time that appropriate field verification is possible. Preliminary approvals granted during the non-growing season must be verified during the growing season. If a MinRAM assessment is not provided during the growing season,the quality will be assumed as High Quality. J. An Applicant shall not be required to delineate wetlands or determine Wetland Type on adjacent property. An Applicant will be required to review available information, including but not limited to the City Wetland Map, County Soil Survey Map, U.S. Fish and Wildlife Service National Wetland Inventory(NWI)Maps,and visual information such as the presence of wetland vegetation and hydrologic evidence on an adjacent property which can be viewed from the subject property,to estimate the wetland boundary and Wetland Type. K. Written documentation identifying the presence or absence of wetlands on the property or the wetland conditions if wetland conditions are present, including all Wetland Determination, Wetland Delineation,No-Loss Determination and Wetland Buffer Strip Evaluation Reports,shall be provided to the City by the Applicant with the Development Application. The Applicant must contact the City to obtain a wetland or water body identification number and any information Standards For The Protection Of Wetlands March 4,2008 Pare 9 of 25 regarding the documented wetland,including any existing MinRAM information,for inclusion with documentation provided to the City by the Applicant. The Applicant must also contact the City to obtain a water body identification number for any existing or proposed stormwater pond or stormwater infiltration areas within the Development. L. Water quality testing results must be provided by the Applicant for any Development Application involving a wetland buffer strip of less than 100 feet for wetlands of exceptional qualityExceptional Quality Wetlands which contain standing water during the growing season. One water sample must be collected each month between June and August from the surface water (within the upper 12 inches of water)and analyzed using a methodology pre-approved in writing by the City by an accredited laboratory for pH,conductivity,total phosphorus,soluble reactive phosphorus,total dissolved solids,total suspended solids and chlorides. The water quality testing results must be submitted to the City with the wetland delineation reportWetland Delineation Report. GM. For Development Applications involving wetland alterationWetland Alteration,the Applicant must provide written documentation to the City with the Development Application regarding the avoidance and minimization efforts usedthat the sequencing steps set forth in Minnesota Rule 8420.0520 have been met. In following these steps,the Applicant must first demonstrate that alternatives to avoid efand minimize impact upon the wetland impacts have been evaluated. A minimum of three alternative plans must be evaluated and provided to the City for review,one of which must be a"no-impact"alternative. Wetland restoration or expansion of existing or historic wetlands is preferred rather than creating of new wetlands or other methods of Wetland Replacement. Unavoidable impacts to wetlands must be restored or replaced on-site unless the alternatives are not reasonably or practically available from an engineering standpoint or if the only feasible and prudent sites available have greater ecosystem function and public value than the proposed wetland and it is an area that is to be preserved by a Conservation Easement or other such instrument. If impacts cannot be restored or replaced on-site, the Applicant must evaluate alternate sites in the following order of priority: 1. Within the City of Eden Prairie 2. Within the same subwatershed 3. Within the same watershed(Nine Mile Creek,Lower Minnesota River or Riley-Purgatory- Bluff Creek watershed) 4. Within the seven-county metropolitan area of the Minnesota River — Shakopee major surface water watershed(No.33) 5. Within the Minnesota River—Shakopee major surface water watershed(No.33) Wetland restoration or replacement must at a minimum meet the ratio requirements under Minnesota Rules 8420.0549 and 8420.0546 to achieve full replacement of wetland function and value unless minimum replacement ratios established by the Watershed Districts or USACOE are greater than the WCA requirements. Standards For The Protection Of Wetlands March 4,2008 Pare 10 of 25 N. Sequencing flexibility will not be implemented unless alternatives have been considered and unless the proposed replacement wetland will provide equal or greater functions and public values as determined based on a functional assessment reviewed by the Technical Evaluation Panel using a methodology approved by the Minnesota Board of Water and Soil Resources(BWSR). The Applicant must provide all necessary information. Flexibility in application of the sequencing steps will be considered only if the criterion set forth in Minnesota Rule 8420.0520 are met and the wetland to be impacted has been degraded to the point where replacement would result in a gain in function and public value or preservation of the wetland would result in degradation of the wetland's function and values. O. Conceptual Wetland Replacement or Wetland Banking Plans for any proposed impacts that require replacement under WCA or U.S.Army Corps of Engineers regulatory programs must also be provided to the City by the Applicant with the Development Application. It is the responsibility of theThe Applicant temust contact the City to obtain a wetland water body identification number for use in the Wetland Replacement, Wetland Restoration or Wetland Banking Plans for any replacement wetlands constructed within the City. Final Wetland Replacement,Wetland Restoration or Wetland Banking Plans must be submitted to the City for review and approval prior to release of the final plat or,if there is no plat approval involved,the first building permit for the entire subject propertysubmittal of the Development Plans to the City Council for review and approval. HP. If the Applicant disputes whether a wetland exists or its classification, the Applicant has the burden to supply detailed information supporting the Applicant's assertion. This includes,but is not limited to,historical aerial photography,topographic,hydrologic,floristic,.and/or soil data deemed necessary by the City or Local Governmental Unit(LGU under the WCA to determine the jurisdictional status of the wetland,its exact boundary and its classification. IQ. Wetland Buffer Strip Evaluation,Wetland Delineation,Wetland Determination and Sequencing Flexibility Reports and Wetland BafikingReplacement Plans supplied by the Applicant shall be prepared by a qualified wetland delineatorMinnesota Certified Wetland Delineator in accordance with current state and federal regulations. Wetland delineators must satisfy all certification requirements that are established by the U.S.Army Corps of Engineers or the Minnesota Board of Water and Soil Resources and/or BWSR or,in the absence of such certification,are determined by the City Manager to be a qualified wetland delineator. Prior to release of the final plat for any portion of the Propertysubject property, Developer shall submit an executed contract with a qualified wetland consultant,as determined by the City Manager and/or designee,for preparation of an,who will prepare the Annual Wetland and Wetland Buffer Strip Evaluation Report ("Annual Buffer Report") which evaluates the condition of the wetland(s)and wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified. The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which preparation,grading,seeding,planting and/or monumentation of the wetland(s)and/or wetland buffer strip(s)is completed. Thereafter,this report shall be submitted annuallyby November 1 each year until two full growing seasons following completion of the development have passed,at which point a Final Annual Buffer Report shall be submitted.The Final Annual Buffer Report Standards For The Protection Of Wetlands March 4,2008 Pare 11 of 25 shall evaluate the wetland(s)and/or 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 the Final Annual Buffer Report, the Developer shall correct the area(s) identified within ninety (90) days of submission of the Report, or by June 15th of the following year if submitted during the non- growing season. Source: Ordinance No.25 2003 Effective Date: 8 14 2003 S. Wetland Replacement Monitoring Reports are due by November 1 each year until the wetland replacement is determined to be complete by the LGU with advice from the Technical Evaluation Panel as outlined in Minnesota Rules Chapter 8420 and Subdivision 11 of this Code. T. An Applicant may request an exemption or no-loss determination from the applicable LGU in accordance with Minnesota Rules 8420.0115—8420.0122 and Minnesota Rules 8420.0220. Subd.5. General Standards The following standards apply to all lands that contain and/or abut a wetland or a wetland buffer strip: A. Structures intended to provide access to or across a wetland or wetland buffer strip shall be prohibited unless a permit is obtained from the City and is in conformance with Minnesota Statutes and applicable state rules and regulations. B. The Minnesota Pollution Control Agency's Urban Best Management Practices shall be followed to avoid erosion and sedimentation during the construction process. In addition,the Applicant shall follow the regulations set forth in City Code Section 11.55,Subd.6. C. The manner in which storm water is routed through a natural wetland will be designed in accordance with the following hydroperiod standards to avoid water level fluctuations to the C. Where wetland the State of Minnesota's Storm Water Advisory Group's"Storm Water and Wetlands:Planning and Evaluation Guidelines for Addressing Potential Impact of Urban Storm Water and Snow Melt Runoff on Wetlands". Scientific or Natural Areas and Bogs shall be governed by the Exceptional Quality Wetland Standards stated below. E*eeptionalHigh-QualityModerate Loss-Quality Quality WetlandsQuality= Wetlands WetlandsWetlands Storm-B unce Existing Existing plus 0.5 Existing plus 1.0 No limit feet feet Existing Existing Existing or less Existing or less Existing Existing plus 1 Existing plus 2 Existing plus 7 1&2 year day days days Standards For The Protection Of Wetlands March 4,2008 Pare 12 of 25 Existing Existing plus 7 Existing plus 11. Existing plus 21 0. pitation days days days event-&-greater No change No change 0 to 1.0 feet 0 to 4.0 feet above existing run out run out Above Above Above Above delineated delineated delineated delineated wetland wetland wetland wetland D. Where replacement or a wetland buffer strip is required,the Applicant shall: Before,before the City releases the final plat or,if there is no plat approval involved,the first building permit for the entire subject property,submit: 1. Submit to the City Manager and receive the City Manager's approval of a conservation easement for protection of the wetland and approved wetland buffer strip. The easement must describe the boundaries of the wetland and wetland buffer strips, monuments and monument locations and prohibit any Structures,paving, mowing, introduction of non- native vegetation, cutting,filling, dumping,yard waste disposal,fertilizer application or removal of the wetland buffer strip monuments within the wetland buffer strip or the wetland. 2. Submit evidence to the City Manager that the approved easement document has been recorded in the Hennepin County Recorder's/Registrar of Titles'office. 3. Submit a duplicate original of the easement document executed and acknowledged and otherwise in form and substance acceptable for filing with the Hennepin County Recorder/Registrar of Titles office, (a) install the wetland monumentation required by Section 11.51, Subdivision 8 of this ordinance. E. All 4. Submit to the City Manager and receive City Manager's approval of a Declaration of Covenants and Restrictions for any wetland replacement in accordance with Minnesota Rules Chapter 8420. 5. Submit evidence to the City Manager that the approved Declaration of Covenants and Restrictions has been recorded in the Hennepin County Recorder's/Registrar of Title's office. I D. Yards shall be sodded-era seeded and/or mulched. All open within six months of ceasing land alterations in accordance with Section 11.55 Subdivision G.8 of this Code. Wetlands,wetland buffer strips and wetland replacement areas within t e wetl ar a and Jor wet and buff r s.,.:p shall be seeded and/or planted in accordance with Subdivision 9-(G)8 within sixty(60)days of completion of land alteration. All sodding,seeding or planting must be completed prior to removal of any erosion control. If construction is completed after the end of the growing season,erosion control shall be left in place and all disturbed areas shall be mulched to protect these areas over the winter or non-growing season. Standards For The Protection Of Wetlands March 4,2008 Pare 13 of 25 Variances for sod outside of the wetland buffer strip areas,in accordance with City Code Section 9.71,shall be considered on a case by case basis. E. Stormwater shall not be discharged directly into any natural water bodies such as wetlands,lakes or creeks without pre-settlement,infiltration,filtration or other pre-approved method. Subd.6. Wetland Buffer Strips and Setbacks A. For a Lot of record or a Development Application approved by the City Council after February 1, 2000,the Applicant shall maintain a wetland buffer strip around the perimeter of all wetlands and all stormwater or NURP ponds which are constructed as part of a wetland mitigation plan or Public Value Credit as part of an approved wetland mitigation planWetland Replacement Plan. The setback and wetland buffer strip provisions of this Code shall not apply to a Lot of record as of February 1,2000 or for Development Applications for which site plans,preliminary plats,final plats or planned unit development plans have been approved by the Community Planning CommissionBoard or City Council prior to this date. The City does however, strongly cncourageencourages the use of a wetland buffer strip and setback on all lots in the City. B. Wetland buffer strips and structure setbacks shall apply regardless of whether or not the wetland or stormwatcr pond is on the same parcel as a proposed Development Application. For parcels in which the wetland or stormwatcr or NURP pond is on an adjacent parcel,the setback and wetland buffer strip requirements for the parcel shall be reduced by the distance between the property line of the parcel and the wetland or stormwatcr pond on the adjacent parcel. This provision in no way reduces or eliminates any other setbacks required by the City Code or any other law or regulation. C. The Applicant shall establish and maintain wetland and wetland buffer strip vegetation in accordance with the requirements found in Section 11.51,Subd.98 of this Code. Wetland buffer strips shall be identified within each Lot by permanent monumentation approved by the City Manager in accordance with Section 11.51,Subd.87 of this Code. Altcrations,including but not limited to building,paving,mowing,introduction of non D. Non-native vegetation,cutting,filling,dumping,yard waste disposal or fertilizer application,are prohibited within the wetland and wetland buffer strip. However, non nativeor invasive vegetation, such as European buckthorn, purple loosestrife and reed canary grass, or dead or diseased trees that pose a hazard may be removed as long as a Vegetation Management Plan is submitted to the City Manager on a form provided by the City for review and written approval. The Vegetation Management Plan must maintain the wetland and wetland buffer strip standards found in Section 11.51, Subd.98 or as required by the City Manager or his/hcr designee. The Vegetation Management Plan form must be obtained from the City. Altcrations do not include native plantings that enhance the native vegetation,unless within a Conservation Easement in which case submittal and approval of a Vegetation Management Plan from the City is required. Standards For The Protection Of Wetlands March 4,2008 Pare 14 of 25 I E. For roadways or other Structures where the City determines that there is no practical alternative except to be aligned either adjacent to or across wetlands,additional wetland filling to create a wetland buffer strip shall not be required. F. Trails that are intended to serve an interpretive function are also-exempted from the wetland buffer strip requirement. All other areas and Structures,including retaining walls,roadways and trails,shall meet the setbacks and wetland buffer strip standards established in Table 1 below. The use of a meandering wetland buffer strip to maintain a natural appearance is preferred. G. An existing structuroStructure, driveway or parking area would be considered a legal nonconforming structure Structure if a later WCA delineation shows that the wetland is closer than the required setback. Table 1-Wetland Buffer Strips and Setbacks Exceptional High Moderate Low I Wetland Buffer Strip Minimum Width 50'110' 69=30' 25'20' 25'10' Structure Setback(from Wetland Buffer Strip) 4-5160' 60' 15'10' 20' Minimum Average Width Total Minimum Distance from 65'25' 65'25' 40115' 4015' WetlandStructure Setback (from Wetland Buffer Strip) * The wetland buffer strip width for stormwater ponds utilized as mitigation credit shall be measured from the Ordinary High Water Level(OHWL)of the pond. Me A. Recognizing that there are instances where,because of the unique physical characteristics of a reasonable use of the land,the alternative wetland buffer strip standards set forth below may be applied based on an assessment of the following: 1. Undue hardship would arise from not allowing the alternative,or would otherwise not be in the public interest, 2. Size of the parcel, 3. Configuration of existing roads and utilities, 1. Percentage of parcel covered by wetlands, 5. Configuration of wetlands on the parcel,and Standards For The Protection Of Wetlands March 4,2008 Pare 15 of 25 6. Results of the water quality testing provided pursuant to Subdivision 4(E). B. The appropriateness of using the alternative standards will be evaluated as part of the review of the Applicant's Development Application. An Applicant must receive City Council approval to Code. C. In instances where alternative wetland buffer strip standards are approved for a wetland, the Applicant will be required to apply extraordinary management measures during and for two years after construction to control erosion, sedimentation and nutrient loading which may affect the wetland. Dual silt fencing is the recommended measure. Dual silt fencing will be considered properly installed if the up slope fence is installed on the undisturbed edge of the wetland buffer strip and the down slope fence is installed 5 to 6 feet into the unscarified wetland buffer strip. Silt the recommended measures to control erosion, sedimentation and nutrient loading will limit management measures that may be permitted in conjunction with and up slope from the above wetland buffer strip and setback requirement include,but are not limited to,measures that add redundant protections to normally required Best Management Practices. D. Where alternative wetland buffer strip standards arc approved,wetland buffer strips and structure setbacks shall meet the standards established in Table 2 below. Total Minimum Average Exceptional High75' M4 Low35' 85' 0' Wetland Buffer Strip(Minimum Width) 4-51 4& Average Wetland Buffer Strip Width 50' - 45120' 4-51 Structure Setback(from Wetland Buffer Strip) Total(Average)Distance from Wetland: 651 - 60' 35' 30' E. An Applicant shall be responsible for submitting with the Development Application all of the necessary information to document that the proposed extraordinary construction and stormwater management practices will meet or exceed the performance of the required wetland buffer strips Code will be met through the use of these Extraordinary Management Practices. H. The wetland buffer strip width for stormwater ponds or infiltration areas utilized for Public Value or New Wetland Credit shall be measured from the Ordinary High Water Level(OHWL)of the pond or infiltration area and shall be considered of moderate quality. Standards For The Protection Of Wetlands March 4,2008 Pare 16 of 25 Subd.&7. Monumentation A monument is required at each Lot line where it crosses a wetland buffer strip and shall have a maximum spacing of 200 feet along the edge of the wetland buffer strip. Additional postsmonuments shall be placed as necessary to accurately define the edge of the wetland buffer strip. If no wetland buffer strip is required,monuments shall be placed at the wetland boundary. The monument shall consist of a post and a wetland buffer strip sign. The post shall be e€a 1.12 to 2.0 pounds per foot(1.12 pounds per foot is preferred)green steel channel post or other material pre-approved in writing by the City Manager,such as a fiberglass reinforced composite post with a maximum. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long(2.25"x 6.5').The sign shall have a minimum size of 43 inch by 48 inch(43"x 48"). The sign shall be mounted flush with the top of the post and shall ctatcinclude the statement "Wetland Buffer: No Mowing Allowed" or "Wetland Buffer: Vegetation Clearing Limit". The post shall be mounted to a height of a minimum of four feet above grade and set at least'12 inches 2.5 feet in the ground. T-he bottom efthc pest-f.ust b fitt a- it a Monuments may be waived in unusual circumstances where the City determines that such signs would not serve a practical purpose. Subd.9A. Vegetation Performance Standards A. Where acceptable naturalnative,non-invasive vegetation exists in wetland wetland replacement and wetland buffer strip areas,the retention of such vegetation in an undisturbed state is required unless an Applicant receives written approval from the City or any other agency which may regulate the removal of vegetation to replace such vegetation. A wetland and/or wetland buffer strip has acceptable natural vegetation if it: 1. Has a continuous,dense layer of perennial grasses that have been uncultivated or unbroken for at least 5 consecutive years,or 2. Has an overstory of trees and/or shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least 5 consecutive years,or 3. Contains a mixture of the plant communities described in(1)and(2)above that have been uncultivated or unbroken for at least 5 consecutive years. I B. Notwithstanding the performance standards set forth above in Subdivision 98 (A), the City Manager may determine existing wetland and/or wetland buffer strip vegetation to be unacceptable if the wetland and/or wetland buffer: 1. Is composed of Weeds(including,but not limited to common buckthorn,purple loosestrife, leafy spurge and/or noxious weeds as defined by Minnesota Statutes,Sections 18.76-18.88), or 2. Has topography that tends to channelize the flow of surface runoff,or 3. For some other reason it is unlikely to retain nutrients and sediment. C. Where wetlands and/or wetland buffer strips,or a portion thereof,are not vegetated or have been cultivated or otherwise disturbed within 5 years of the permit application,such areas shall be re planted and maintained.Areas with unacceptable vegetation shall be re-graded,re-seeded and/or Standards For The Protection Of Wetlands March 4,2008 Pare 17 of 25 re-planted as needed and maintained. The wetland,wetland replacement and wetland buffer strip plantingsplanting requirements must be identified on the Development Application. The wetlandin the Wetland Delineation Report or Wetland Buffer Strip Evaluation Report. Wetland, wetland alteration,wetland replacement and wetland buffer strip landscaping shall be according to each of the following standards: 1. Planted with a diverse native,non-invasive seed mix containing appropriate for the specific site conditions that contains 100 percent perennial native vegetation,except for a. A one- time planting of an annual nurse or cover crop such as oats or rye may be included. 2. Seed mix used shall be broadcast at a minimum rate of 30 pounds per acre. The annual BWSR seed mix shall consist of at least 12 pounds pure live seed(PLS)per acre of native prairie grass seed and 3 pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than five(5)native prairie grasses and fifteen(15) native forb species. The Minnesota Department of Transportation Mixappropriate for prairie sedge and prairie meadow areas, Mixture 25A Modified (25B or 26B)the area requiring reseeding or other alternative pre-approved in writing by the City Manager can be used to meet these requirements. Applicants may obtain from the City a set of Native Wetland & Buffer Area Seeding Guidelines for wetland buffer strips that meet City requirements. The seeding rate shall be at the rate recommended by the BWSR seed mix criteria or other pre-approved alternative. 3. Native shrubs may be substituted for the native forbs.seed mix where appropriate. All substitutions must be pre-approved in writing by the City Manager. Such shrubs may be bare root seedlings and shall be planted at a minimum rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. 4. Any groundcover or shrub plantings installed within the wetland or wetland buffer strip are independent of landscaping required elsewhere by the City Code. 5. Native prairie grasses and forbs shall be seeded or planted in accordance with"Restoring& Managing Native Wetland & Upland Vegetation" (published January 2006 by the Minnesota Department of Transportation(MnDOT)and BWSR)or other alternate method pre-approved by the City Manager by a qualified contractor. The method of application and determination of Determination of the contractor's qualifications shall be made by the City Manager. It is the responsibility of the Applicant to have the contractor and method used approved by the City Manager prior to planting or seeding. 6. No fertilizer shall be used in establishing new wetland buffer strips, except on highly disturbed sites when deemed necessary to establish acceptable wetland and/or wetland buffer strip vegetation and then limited to amounts indicated by an accredited soil testing laboratory. Determination of proper accreditation shall be made by the City Manager. Standards For The Protection Of Wetlands March 4,2008 Pare 18 of 25 7. All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or tackifier. 8. Wetland, wetland replacement and wetland buffer strips strip areas (both natural and created), shall be protected by erosion control during construction in accordance with Section 11.51,Subd.7 of this Code. 9. The erosion control shall remain in place until the afeacover crop is established. D. The Applicant shall establish and maintain the wetland and wetland buffer strip vegetation in accordance with the requirements found in this Code, including those requirements stated in Section 11.51,Subd.4,subpart(J),both during development and for two full growing seasons after completion of the development. During this time,the Applicant must replant any wetland and/or wetland buffer strip vegetation that does not survive. Source: Ordinance No.25 2003 Effective Date: 8 14 2003 E. After the second full growing season following completion of the development,if the condition of the wetland and/or wetland buffer strip changesdiminishes,the Applicant shall not be required to reestablish the wetland and/or wetland buffer strip to meet the standards contained in Section 11.51, Subd. 98 of this Code. InsteadWetlands created for Wetland Replacement must be monitored and maintained by the Applicant until the wetland is reviewed and approved by the LGU in accordance with the requirements established by Subdivision 11 of this Code and Minnesota Rules Chapter 8420. After such times, the property owner on which the wetland and/or wetland buffer strip is located shall be responsible for the maintenance of the wetland, wetland alteration,wetland replacement and/or wetland buffer strip after the second full growing -season following completion of the development areas and must: 1. Maintain and repair damage to wetland and/or wetland buffer strip areas from activities such as mowing,cutting,grading or other prohibited activities unless approved by the City in writing as a Vegetation Management Plan. 2. Maintain only vegetation permitted in the Vegetation Management Plan or as found in Section 11.51,Subd.98 of this Code in the wetland and wetland buffer strip,including the removal of all Weeds,unless allowed otherwise in writing by the City Manager or his/her designee. 3. Ensure that all soil surfaces in buffet-wetland and wetland buffer strip areas are planted with permitted vegetation and that there are no open soil surfaces that may result in erosion. 4. Maintain the wetland and wetland buffer strip as a"no mow"area. Subd.10;9. Encroachment in Required Setback and Wetland Buffer Strip Areas A. Wetlands, and _wetland buffer strips and structure setback areas must be kept free of all Structures. A maximum of ten percent(10%)of the Structure Setback area may be occupied by Standards For The Protection Of Wetlands March 4,2008 Pare 19 of 25 any Structures. The acceptability of the proposed Structures within the Structure Setback area shall be made by the City Manager. B. Wetlands and wetland buffer strips must not be mown except as pre-approved in writing by the City Manager for maintenance practices. The acceptability of the proposed maintenance practices shall be made by the City Manager. A.No more than ten percent(10%)of the Structure Setback area may be occupied by any Structures.* [Formatted:Bullets and Numbering C. Variances/Waivers (i) Only variances meeting the standards and criteria set forth in Section 11.76, Subd. 1 and waivers approved pursuant to Section 11.40, Subd. 8 of this Code for a Planned Unit Development(PUD)process shall be granted. All variance requests must be made to the Board of Adjustments and Appeals. All waiver requests must be made to the Planning Commission and the City Council. (ii) Variances or waivers shall not be granted which would circumvent the intent and purposes of Section 11.51 of this Code. Subd.44,10. Performance Bond Required. If a Development Application includes wetland alteration,wetland or wetland buffer strip landscaping or construction of a wetland buffer strip the Applicant must file with the City Manager or his/her designee prior to release of the final plat, or, if there is no plat approval involved,prior to the first building permit for the entire subject property,a performance bond,cash escrow or letter of credit with a corporation approved by the City Manager,as surety thereon,or other guarantee acceptable to the City Manager and in an amount determined by the City Manager as set forth below. Performance Bond requirements for Development Applications for areas where the City is the LGU are set forth in Section 11.51 Subdivision 11. A. Amount-The amount shall be for no less than one and one-half(1'h)times the amount estimated by the City Manager as the cost of completing a Wetland Plan for monument installation and replacement and restoration and/or correction of the wetland and/or wetland buffer strip. B. Schedule-The performance bond for the Wetland Plan must cover two complete growing seasons following completion of the development and must be full and final restoration of all corrective actions identified in the Final Annual Report and is conditioned upon complete and satisfactory implementation of the approved wetland buffer strip landscape planWetland Plan or Vegetation Management Plan and final inspection of the wetland and wetland buffer strip by the City. C. Submittals—The Applicant shall provide one copy of a signed contract with an environmental consultant to monitor annual compliance and certify final completion of the wetland,wetland buffer strip and wetland replacement requirements after the end of the second full growing season after completion of the development. Standards For The Protection Of Wetlands March 4,2008 Pare 20 of 25 D. Form of Application—The performance bond,cash escrow, letter of credit or other guarantee acceptable to the City Manager shall be posted within 10 days of approval of the Development Application and prior to the commencement of the Development or the preparations thereof Subd.4-211 -Special Requirements for 7 r 1inncsota Riv ` 7atershcd District Wetland Conservation Act(WCA)Services The following provisions apply to the Lower Minnesota River Watershed District(LMRWD),areas for which the City of Eden Prairie is Local Government Unit(LGU). All survey information must be provided in the Minnesota County Coordinate System,Hennepin County North American Datum 1983 (NAD83)(1996)projection in U.S. Survey feet. All vertical elevations shall be in North American Datum 1988(NAVD88). A. Wetland Alteration,Wetland Replacement,Wetland Restoration or Wetland Bank Application Application for a wetland alteration,wetland replacement,wetland restoration or wetland bank permit (Application) shall be made in writing to the City.Wetland Evaluation / Wetland Determination Review — The Applicant must provide a report documenting site conditions; wetland delineation review procedures;and a statement as to whether wetlands are present on site. Field data sheets documenting soil,vegetation and hydrology conditions at a minimum of two locations must be included with the report. If a wetland is identified, a Wetland Delineation Report must be prepared. Data must be provided a minimum of one week prior to scheduling the site review with the Environmental Coordinator. Wetland evaluations and wetland determinations will be reviewed and approved by the Environmental Coordinator. The decision of the Environmental Coordinator shall be final unless within 30 days of the date of mailing of the decision the Applicant files an appeal with the City Council pursuant to City Code Section 2.80. B. Wetland Delineation and No Loss Determination Review—The Applicant must provide the following information for review of site conditions a minimum of one week prior to scheduling a field review with the Environmental Coordinator: 1. Wetland Delineation Report,two print copies and one electronic(PDF)version in color (the PDF version needs to be developed for an 11"x 17"printable format with sufficient detail so all features are legible) 2. Wetland Buffer Strip Report,one print and one electronic copy(PDF) 3. Scaled public land survey map of the wetland delineation and boundary and sample points 4. Survey data in a format compatible with ArcView software 5. A minimum of two wetland data forms per wetland representing the wetland parameters at two locations along with a data form documenting upland conditions at each location. 6. Color copies of current and historical aerial photographs as required to define current and historic wetland conditions or wetland boundaries The Environmental Coordinator shall review and approve wetland delineations, wetland determinations and no-loss determinations. The Environmental Coordinator shall issue his/her decision in accordance with Minnesota Statute 15.99,Subd.3. The decision of the Environmental Standards For The Protection Of Wetlands March 4,2008 Pare 21 of 25 Coordinator shall be final unless within 30 days of the date of mailing of the decision the Applicant files an appeal with the City Council pursuant to City Code Section 2.80. C. Permit Application Requirements — Wetland Alteration, constructing boardwalks, removing healthy native vegetation or otherwise altering or destroying any wetland or wetland function, either wholly or partially, by any person requires submittal of a Combined Wetland Permit Application for review and approval by the City. Except for those wetlands exempt under Minnesota Rule 8420.0122,any alteration to a wetland must result in a zero net loss. D. Wetland Replacement Plan Application—A Combined Wetland Permit Application for Wetland Replacement shall be made in writing to the City. The Application shall set forth the location and plan for the proposed project. The approval of the Application shall be valid for a period of no the The Applicant must provide seven printed and one electronic(PDF)version in color(the PDF version needs to be developed for an 11"x 17"printable format with sufficient detail so all features are legible). The Application,the approval shall be void. The Application shall also must include: 1. The name and address of the person(s)applying for the permit(Applicant). 2. The name and address of the owner(s)of the land where the project will occur. 3. The name and address of the managing agents or consultants that are or may be involved with the wetland alteration and/or replacement activities. 4. The estimated period of time within which the project will be conducted. 5. A topographic map of the proposed project area(s)to a minimum scale of one inch equals 50 feet showing existing ground elevation contours at two-foot intervals. The map shall also show: a. The size and location of the wetland in relation to the property boundaries,including a scaled public land survey with the coordinates of the approximate wetland center and sample locations. a b. The property and a minimum of 50 feet of land abutting the property, as it cxistaexisted prior to the proposed land alteration. b c_The proposed ground elevation contours at 2 foot intervals on the property when the land alteration is completed. d. Locations of any surface inlets or outlets draining into or out of the wetlands. Ee. Pre-and post-drainage areas for all existing and proposed wetlands. d f Photographic reference points and proposed transect or sampling locations for wetland replacement or wetland banking plans. g. Survey data in a digital shapefile or comma delimited ASCII file format compatible with ArcView software. 6. Wetland Type of all existing and proposed wetlands,including a comparison to the Eggers and Reed"Wetland Plant Community Types"document. 6:7. Recent color aerial photograph of the proposed impact area. 7,8_Grading plan of the proposed project area(s)to a minimum scale of one inch equals 50 feet prepared by a registered professional engineer that includes appropriate drainage areas and Standards For The Protection Of Wetlands March 4,2008 Pare 22 of 25 drainage calculations,proposed two-foot contours of the land when the project is complete and erosion control to be used during construction. Construction details, including the proposed elevations and contours,for any control structures must be included on the plans. 9. A list of dominant or abundant vegetation in each stratum,utilizing the"50/20 rule"in the proposed impacted/altered wetland areas,including scientific and common names,and of vegetation exceeding 10%coverage and an estimated percentage of coverage for each. 8,10.A soils map of the site showing soil type and substrate. 9:11.Landscaping or revegetation plan at the same scale as the topographic map. 4&12. Such other information as may be necessary to evaluate the proposed wetland alteration and wetland replacement and/or wetland banking plans and to determine the amount and types of wetland to be impacted. A. Reference Photographs Reference photographs will be required within 1 weeks from completion during of each monitoring period described in Minnesota Rules 8120. 13. Evidence of ownership or property rights to the affected area. 14. Such other information as required by Minnesota Rule 8420.0530 and the City. E. Wetland Replacement or Wetland Bank Plan Approval-Wetland Replacement or Wetland Bank P4sPlan Applications shall be allowed subject to approval by the City Council as recommended by Staff.unless the area to be altered or impacted is less than 5,000 square feet in size in which case the Plans shall be subject to approval by the Environmental Coordinator. If the City determines that a feasible and prudent alternative exists that would avoid or minimize impacts to the wetland it shall deny the Application. Fees Applications for a Wetland Alteration,Wetland Replacement,Wetland Restoration or Wetland 1The City shall make its decision regarding the Wetland Replacement Plans in accordance with Minnesota Statutes 15.99,Subd.3. Approval of the Application shall be valid for a period of no more than three years. If the work has not begun within three years of the date of approval of the Application,the approval shall be void. Approval of an Application for Wetland Alteration and/or Wetland Replacement does not exempt the Applicant from obtaining any and all other necessary permits for work within a wetland and/or wetland buffer. F. Wetland Replacement Annual Reports—Annual reports shall be prepared in accordance with Minnesota Rules 8420.0620 and must include the following information: 1. Reference photographs taken within 4 weeks of completion of the grading and within 4 weeks of completion of the landscaping. 2. A description of activities completed in the current year Standards For The Protection Of Wetlands March 4,2008 Pare 23 of 25 3. A list of activities planned for the following year 4. As-built plans (for the first year only) to a minimum scale of one inch equals 50 feet showing existing ground elevation contours at two-foot intervals 5. A comparison of actual conditions with the as-built specifications and proposed plans 6. Monthly hydrology measurements from April through October 7. A list of vegetation that have 10%coverage or more 8. A comparison of proposed versus actual Wetland Types within the wetland and wetland replacement areas 9. Map of the plant communities within the wetland,wetland replacement and wetland buffer areas included in the Wetland Replacement Plan. The map shall be overlain on the topographic map provided for the Wetland Replacement Plan. 10. Monthly color photographs from the photographic reference points from April to October. 11. All information required by Minnesota Rules 8420 for wetland replacement reporting. Wetland Replacement Annual Reports must be submitted by November 1 each monitoring year. If the City does not receive either : 1)an annual monitoring report; or 2)notification that the report will be provided prior to December 31st by the November 1st deadline the City will charge the Applicant for cost incurred by the City,including staff time,to collect the information needed to complete the Wetland Replacement Annual Report. One print and one electronic(PDF)copy in color shall be submitted for review. G. Fees — Submittal of requests for wetland determinations, sequencing flexibility, wetland delineation reviews,field or technical reviews of current or historic wetland and/or wetland buffer conditions,or an application for a Wetland Replacement Plan shall be accompanied by deposit of a non-refundable application fee and a cash deposit in such amount amounts as determined by the City Council and fixed by resolution..Ordinance.The cash deposit,or a portion thereof,will be refunded after final City Council action on the Development Application or if there is no Development Application,after completion of City review and approval of the submittal,unless the total sum is greater than the administrative review cost,which. Costs may include,but is-are not limited to: 1. Consultant fees assisting in City review,providing technical assistance or other services required to meet WCA requirements. 2. City staff time expended in review, approval and processing of the Application or other services required to meet WCA requirements. 3. Consultant fees or City staff time expended in coordinating and holding Technical Evaluation Panel meetings. 4. Mailing,legal notices and other administrative costs. 5. Any other reasonable costs incurred by the City in review of the proposal. Full payment of the fees ands cash deposit must be made by the Applicant prior to consideration of the Development Application. All costs incurred by the City greater than the cash deposit balance will be billed to the permit holder. H. Performance Bond—The performance bond,cash escrow or letter of credit required in Section 11.51,Subd.4410 shall include costs associated with the City and WCA requirements for wetland Standards For The Protection Of Wetlands March 4,2008 Pare 24 of 25 alteration, wetland replacement, wetland restoration or wetland bankWetland Alteration or Wetland Replacement projects, including but not limited to construction, seeding, planting, monument installation and annual monitoring for a minimum period of 5 years. The Bond must include costs associated with re-grading or purchase of off-site Wetland Replacement if on-site Wetland Replacement is unsuccessful. The performance bond,cash escrow or letter of credit shall be extended beyond the required monitoring period for up to an additional five-year period if,in the written opinion of the Technical Evaluation Panel,the goal of the replacement plan has not been achieved but may be achieved with more time. Wetland quality will be considered when establishing the performance ben€ ro emerts. The amount of security shall be 150%of the estimated cost to complete the scope of work associated with the Wetland Plan, wetland and Wetland Replacement Plan. Source: Ordinance No.6 2003I.Wetland construction or replacement must be conducted as required in Minnesota Rules 8420 and the Minnesota Wetland Restoration Guide(BWSR). Section 2—Pursuant to Minnesota Statutes Section 103G.2243,the City Council adopts a Local Comprehensive Wetland Protection and Management Plan which has been prepared under the requirements of Minnesota Rules Chapter 8420. Section 3—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 4-Effective Date-This Ordinance shall take effect upon its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,2008 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2008. Kathleen Porta,City Clerk Phil Young,Mayor Standards For The Protection Of Wetlands March 4,2008 Pare 25 of 25 WATERSHED DISTRICT District Office: Edina Business Center • 7710 Computer Avenue • Suite 135 • Edina, MN 55435 Ph. 952-835-2078 Fax 952-835-2079 Web Site:www.ninemilecreek.org February 19, 2008 Ms. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Ms. Stovring: On behalf of the Nine Mile Creek Watershed District Board of Managers, I would like to commend the City of Eden Prairie on developing a new wetland ordinance that is very thorough and will lead to greater wetland protections in the City of Eden Prairie. As you are aware, the Nine Mile Creek Watershed District is the LGU for the Wetland Conservation Act in the part of Eden Prairie within the Nine Mile Creek Watershed. Consistency of wetland regulations between the City of Eden Prairie's ordinance and the Nine Mile Creek Watershed District proposed wetland rule will result in greater wetland protection throughout Eden Prairie. The City of Eden Prairie's proposed wetland ordinance is consistent with the proposed wetland rule of the Nine Mile Creek Watershed District (District). I would like to offer the following comments that we feel will provide further protection to wetlands in the City of Eden Prairie (City). 1 The District would like to commend the City for including an "exceptional" category of classification. The District's proposed wetland rule includes low, medium, and high wetland categories. This leads to consistency across the rules. 2. New Wetland Conservation Act (WCA) siting requirements allow for wetland mitigation to occur anywhere in the seven county metro area. This may result in some wetlands being replaced outside of the Nine Mile Creek Watershed and the Lower Minnesota River Basin. The District encourages the City to consider being more restrictive than WCA for wetland mitigation locations by requiring mitigation to occur in the Lower Minnesota River Basin, consistent with the proposed District wetland rule. 3. It is not clear if pretreatment is required for stormwater discharges to wetlands. The District rules require pretreatment to 90% Total Suspended Solids and 60% Total Phosphorus removal for stormwater discharge into high quality wetlands. The District encourages the City to consider pretreatment of stormwater prior to discharge into wetlands. Board of Managers LuAnn Tolliver-Minnetonka Corrine Lynch-Eden Prairie Bob Kojetin-Edina Steve Kloiber-Edina Geoffrey Nash-Edina The Nine Mile Creek Watershed District commends the City of Eden Prairie's efforts to protect the wetlands within Eden Prairie with its proposed wetland ordinance. It is mostly consistent with the proposed wetland rule of the District. This will lead to more uniform implementation of wetland regulations throughout the City of Eden Prairie. Sincerely, Kevin D. Bigalke District Administrator CITY OF EDEN PRAIRIE NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT TO CITY CODE SECTION 11.51 - STANDARDS FOR THE PROTECTION OF WETLANDS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m. on Tuesday, March 4, 2008, to consider the adoption of an amendment to the City Code Section 11.51 regarding the protection of wetlands. The proposed amendment is in response to the City's adoption of Local Governmental Unit (LGU) status for Riley-Purgatory-Bluff Creek Watershed District, revisions in state statute, and proposed rule revisions by the Nine Mile Creek Watershed District. The proposed amendment includes special standards that will be applied to areas where the City will act as LGU. QUESTIONS OR COMMENTS: A copy of the proposed amendment is on file and available for public inspection at the City of Eden Prairie's Engineering Office (8080 Mitchell Road) between the hours of 8:00 a.m. and 4:30 p.m. weekdays. Written comments submitted to the Engineering Department by 12:00 p.m. on the Thursday prior to the meeting date (March 4, 2008) will be distributed in the City Council packets. Additional questions regarding the proposed amendment should be directed to Leslie Stovring, Environmental Coordinator, at 952- 949-8327. By Order of the City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Publish: Eden Prairie News February 21, 2008. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 4, 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 171822— 172437 Wire Transfers 2937—2954 (2946—2950 US Bank Purchasing Card Payment) City of Eden Prairie Council Check Summary 3/4/2008 Division Amount Division Amount Manager 37,343 601 Prairie Village Liquor 153,484 100 City Manager 68 602 Den Road Liquor 202,795 101 Legislative 4,509 603 Prairie View Liquor 140,019 104 Contingency 543 605 Den Road Building 3,252 110 City Clerk 10,305 701 Water Fund 89,317 111 Customer Service 14,162 702 Sewer Fund 262,577 112 Human Resources 1,105 703 Storm Drainage Fund 2,767 113 Communication Services 1,367 802 494 Commuter Services 11,624 114 Benefits&Training 9,107 803 Escrow Fund 163,283 116 Facilities 54,445 806 SAC Agency Fund 30,575 117 City Center 104,156 807 Benefits Fund 496,698 119 Cmty Center-Facilities 131,140 810 Workers Comp Insurance 117,739 130 Assessing 285 811 Property Insurance 80,197 131 Finance 1,100 812 Fleet Internal Service 64,285 132 Housing and Community Services 12,459 813 IT Internal Service 10,872 133 Planning 4,095 *** US Bank Purchasing Card 26,421 136 Public Safety Communications 4,023 137 Economic Development 768 Report Totals 4,874,646 138 Community Development Admin. 217 150 Park Administration 65 151 Park Maintenance 23,467 153 Organized Athletics 5,451 154 Community Center 22,807 156 Youth Programs 1,388 157 Special Events 13 158 Adult Recreation 1,875 159 Recreation Administration 12 160 Therapeutic Recreation 12 161 Oak Point Pool 162 162 Arts 612 163 Outdoor Center 1,736 164 Park Rental Facilities 103 180 Police 46,980 183 Emergency Preparedness 4 184 Fire 17,370 186 Inspections 1,344 200 Engineering 514 201 Street Maintenance 56,680 202 Street Lighting 2,255 203 Fleet Services 22,221 301 CDBG 13,831 303 Cemetary Operation 114 304 Senior Board 83 308 E-911 1,480 309 DWI Forfeiture 30,419 315 Economic Development 2,872 316 WAFTA 932 418 HRA 2002A Lease Revenue Bonds 974,475 421 2003A Park Bonds Refunding 385,778 423 2003C Open Space Bonds 144,451 432 G.O.Improvement Bonds 2006C 207,950 502 Park Development 12,060 503 Utility Improvement 429,964 509 CIP Fund 91,066 520 Parks Referendum 66,579 521 Trails Referendum 1,335 522 Improvement Projects 2006 15,536 524 Sprint/Nextel 43,547 City of Eden Prairie Council Check Register 3/4/2008 Check# Amount Vendor/Explanation Account Description Business Unit 2937 18,667 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2938 974,475 US BANK TRUST NATIONAL ASSN Interest HRA 2002A LEASE REVENUE BONDS 2939 941,810 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon 2940 207,950 WELLS FARGO BANK MINNESOTA NA Principal G.O.Improvement Bonds 2006C 2941 12,706 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2942 16,696 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2943 107,130 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2944 28,578 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2945 150,526 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2950 26,421 US BANK 2951 129 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits 2952 1,475 AMERICA'S VEBA SOLUTION Other Contracted Services Health and Benefits 2953 216 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 2954 77,642 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 171822 5,059 2ND WIND EXERCISE Capital Under$10,000 Capital Impr./Maint.Fund 171823 361 3D SPECIALTIES Signs Economic Development Fund 171824 360 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 171825 15 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 171826 110 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 171827 100 ADAM,BOB Refunds Environmental Education 171828 494 AL'S COFFEE Merchandise for Resale Concessions 171829 654 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 General Facilities 171830 245 AMERICAN PLANNING ASSN Dues&Subscriptions Planning 171831 307 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 171832 180 AMERITRAK Other Contracted Services Street Maintenance 171833 1,650 AMSAN LLC Cleaning Supplies Community Center Maintenance 171834 783 ANCHOR PAPER COMPANY Office Supplies Police 171835 204 ANCHOR PRINTING COMPANY Printing Police 171836 972 AQUA LOGIC INC Supplies-General Bldg Pool Maintenance 171837 346 ASPEN CARPET CLEANING Janitor Service Police City Center 171838 163 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Operating 171839 1,036 ASPEN MILLS Clothing&Uniforms Communication Services 171840 215 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 171841 1,518 BECKER ARENA PRODUCTS INC Supplies-General Bldg Pool Maintenance 171842 5,876 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 171843 259 BEST BUY Capital Under$10,000 Police 171844 100 BLAZOK,JEFF Refunds Environmental Education 171845 342 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Garden Room Repairs 171846 1,798 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 171847 70 BLUE BOOK Office Supplies Police 171848 250 BOLD,PAULINE Instructor Service Outdoor Center 171849 84 BOTTS,GREGORY AR Utility Water Enterprise Fund 171850 160 BRO-TEX INC Equipment Parts Fleet Operating 171851 119 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Traffic Signals 171852 8 BRUENING,CHARLOTTE Events/Admission Fee Winter Theatre 171853 279 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 171854 635 BUTCHER,SHERRY Dues&Subscriptions City Council 171855 100 BUTTERFIELD,CHRISTINE Refunds Environmental Education 171856 16,219 CAPITAL ONE AUTO FINANCE Miscellaneous DWI Forfeiture 171857 15,645 CARGILL SALT Salt Snow&Ice Control 171858 13 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 171859 14,470 CENTERPOINT ENERGY Gas Fire Station#1 171860 3,637 CENTURYTEL Telephone IT Operating 171861 37 CHRISTENSEN,MARGE Program Fee Red Hat 171862 546 CLAREYS INC Office Supplies General 171863 322 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance 171864 25 CORNERSTONE Tuition Reimbursement/School Police 171865 27,500 CORNERSTONE ADVOCACY SERVICE Other Contracted Services Police 171866 901 CORPORATE EXPRESS Office Supplies General 171867 285 COSTCO Capital Under$10,000 Police Check# Amount Vendor/Explanation Account Description Business Unit 171868 29 CUB FOODS EDEN PRAIRIE Miscellaneous Police 171869 38 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 171870 543 CUSTOM WATER WORKS Miscellaneous Reserve 171871 7,723 DAY DISTRIBUTING Beer Prairie View Liquor Store 171872 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 171873 489 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Operating 171874 1,406 DECORATIVE DESIGNS INC Contract Svcs-hit.Landscape City Center Operations 171875 3,713 DIGITAL ENTERTAINMENT INC Video&Photo Supplies Capital Impr./Maint.Fund 171876 80 DIRECTV Cable TV Community Center Admin 171877 29,016 DIVERSE BUILDING MAINTENANCE Janitor Service Police City Center 171878 224 DIVERSIFIED LIGHTING DIFFUSERS Supplies-General Bldg City Hall-CAM 171879 1,565 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 171880 742 EARL F ANDERSEN INC Operating Supplies Traffic Signals 171881 1,173 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 171882 6 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 171883 110 ELIASON,STEVE J Other Contracted Services Basketball 171884 225 ELVIN SAFETY LLC Equipment Repair&Maint Fire 171885 160 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 171886 100 FAIOLA,MIKE Refunds Environmental Education 171887 486 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing and Community Service 171888 100 FRITSVOLD,MARK Refunds Environmental Education 171889 383 FSH COMMUNICATIONS LLC Telephone Miller Park 171890 176 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 171891 404 GCS SERVICE INC Contract Svcs-General Bldg Garden Room Repairs 171892 1,946 GE CAPITAL Other Rentals General 171893 570 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 171894 1,612 GRAINGER Supplies-General Bldg Park Shelters 171895 16,842 GRIGGS COOPER&CO Liquor Den Road Liquor Store 171896 245 GTS Conference Expense City Clerk 171897 1,982 GWS INC Advertising Community Center Admin 171898 1,000 HAMLINE UNIVERSITY Other Contracted Services Environmental Education 171899 44,747 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 171900 70 HENNEPIN COUNTY CHIEFS OF POLI Dues&Subscriptions Police 171901 1,059 HENNEPIN COUNTY TREASURER Board of Prisoner Police 171902 54 HERRIG,JEFF Tuition Reimbursement/School Fire 171903 752 HILBERT,JUDY Other Contracted Services Rehab 171904 176 HOLMES,JOHN CARTER Other Contracted Services Volleyball 171905 264 HOLMES,TOM Other Contracted Services Volleyball 171907 1,960 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Community Center Maintenance 171908 1,268 HOMELINE Refunds CDBG-Public Service 171909 41 I-STATE TRUCK CENTER Equipment Parts Fleet Operating 171910 50 IAPE Dues&Subscriptions Police 171911 33 IND SCHOOL DIST 272 Miscellaneous Police 171912 100 INGBER,PEGGY Refunds Environmental Education 171913 5,680 INTEREUM INC Capital Under$10,000 Furniture 171914 756 INTERNATIONAL CODE COUNCIL Operating Supplies Inspections-Administration 171915 20 J H LARSON COMPANY Operating Supplies Den Road Liquor Store 171916 8,000 JAB'S GEHRIG&COMPANY Design&Engineering Improvement Projects 2006 171917 438 JANEX INC Supplies-General Bldg Prairie View Liquor Store 171918 6,877 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 171920 22,476 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 171921 50 JORDAN,LAURA Refunds Environmental Education 171922 1,092 KEEPERS Clothing&Uniforms Police 171923 149 KOTARS,GEORGE Other Contracted Services Rehab 171924 190 KRAEMERS HARDWARE INC Supplies-General Bldg Pool Maintenance 171925 64 KRAUSE,MARY Mileage&Parking Engineering 171926 48 LANDS END CORPORATE SALES Clothing&Uniforms Police 171927 386 LANO EQUIPMENT INC Equipment Parts Fleet Operating 171928 100 LARK,JOYCE Refunds Environmental Education 171929 1,135 LAVAN FLOOR COVERING Contract Svcs-General Bldg Police City Center 171930 600 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development 171931 37 LINDSEY,LIL Program Fee Red Hat 171932 50 LINEHAN,LINDA Refunds Environmental Education 171933 1,793 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit 171934 85 MAAO Conference Expense Assessing 171935 4,894 MARK VII Misc Taxable Prairie View Liquor Store 171936 1,008 MAROTTA,VIC Instructor Service Summer Skill Development 171937 100 MARSHALL,PATRICK Refunds Environmental Education 171938 25 MDRA Dues&Subscriptions Parks Administration 171939 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service 171940 40 MENARDS Equipment Parts Fleet Operating 171941 49 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance 171942 1,113 METRO SALES INCORPORATED* Other Rentals General 171943 82 METROPOLITAN FORD Equipment Parts Fleet Operating 171944 700 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 171945 1,234 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 171946 59 MINNESOTA CHIEFS OF POLICE ASS Printing Police 171947 142 MINNESOTA CONWAY Equipment Repair&Maint Fire 171948 93 MINNESOTA COUNCIL OF FOUNDATIO Miscellaneous Housing and Community Service 171949 325 MINNESOTA DEPT OF PUBLIC SAFET Dues&Subscriptions Utility Operations-General 171950 50 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 171951 350 MINNESOTA SAFETY COUNCIL Dues&Subscriptions General 171952 2,167 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 171953 450 MINNESOTA ZOOMOBILE Other Contracted Services Environmental Education 171954 40 MN SOCIETY OF ARBORICULTURE Dues&Subscriptions Parks Administration 171955 165 MOTION INDUSTRIES INC. Equipment Parts Fleet Operating 171956 25 MPPOA Dues&Subscriptions Police 171957 35 MPSA Dues&Subscriptions Park Maintenance 171958 140 MSSA Dues&Subscriptions Street Maintenance 171959 746 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 171960 125 MTI DISTRIBUTING INC. Conference Expense Park Maintenance 171961 8,222 NILSSON,BETH Instructor Service Ice Arena 171962 327 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 171963 486 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 171964 52 O'REILLY AUTO PARTS Equipment Parts Fleet Operating 171965 134 OLSEN COMPANIES Equipment Repair&Maint Park Maintenance 171966 2,945 OLYMPIC COMMUNICATIONS Other Assets Capital Impr./Maint.Fund 171967 146 OSI BATTERIES INC Repair&Maint.Supplies Storm Drainage 171968 37 PARRIS,PAT Program Fee Red Hat 171969 1,880 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 171970 50 PELTON,DEAN Refunds Environmental Education 171971 658 PEPSI COLA COMPANY Merchandise for Resale Concessions 171972 437 PETSMART Canine Supplies Police 171973 12,440 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 171974 37 PIDDE,SANDY Program Fee Red Hat 171975 35 PLOSZAY,ANDREA Operating Supplies Aquatics&Fitness Admin 171976 388 POMP'S TIRE SERVICE INC Tires Fleet Operating 171977 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 171978 4,269 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Park Shelters 171979 55 PRIOR WINE COMPANY Transportation Den Road Liquor Store 171980 2,830 PROP Refunds CDBG-Public Service 171981 8,000 PROP Other Contracted Services Housing and Community Service 171982 227 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 171983 12,552 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 171984 2,982 QWEST Telephone Prairie Village Liquor Store 171985 380 RAV TECHNOLOGIES INC Contract Svcs-General Bldg Community Center Maintenance 171986 748 RECREONICS Operating Supplies Pool Operations 171987 74 RICHARDSON,KATHY Program Fee Red Hat 171988 1,914 RICHFIELD,CITY OF Operating Supplies Fleet Operating 171989 20 RICHFIELD,CITY OF Autos CIP-Bonds 171990 23 RIEDER,JASON Mileage&Parking Aquatics&Fitness Admin 171991 245 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 171992 78 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 171993 25 RJM Beer Den Road Liquor Store 171994 10,436 SCHARBER&SONS Machinery&Equipment Capital Impr./Maint.Fund 171995 47 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 171996 638 SHEGGEBY,MICHAEL Tuition Reimbursement/School Organizational Services 171997 37 SHIMANSKI,BERMA Program Fee Red Hat Check# Amount Vendor/Explanation Account Description Business Unit 171998 69 SNAP-ON TOOLS Small Tools Fleet Operating 171999 74 SOLUM,BARBARA Program Fee Red Hat 172000 344 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store 172001 9,231 SRF CONSULTING GROUP INC Other Contracted Services Planning 172002 43 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 172003 243 STEINER,SHARON Special Event Fees Red Hat 172004 237 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 172005 100 STITELER,SHARON Instructor Service Outdoor Center 172006 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service 172007 1,104 STREICHERS Equipment Parts Fleet Operating 172008 466 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 172009 790 SURLY BREWING CO Beer Prairie View Liquor Store 172010 79 TERRITORIAL SUPPLIES INC Training Supplies Police 172011 13,261 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 172012 139 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 172013 277 UNIFORMS UNLIMITED Clothing&Uniforms Police 172014 247 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 172015 75 US BANK Other Contracted Services Health and Benefits 172016 1,830 US POSTMASTER-HOPKINS Postage Water Accounting 172017 2,293 USA MOBILITY WIRELESS INC Pager&Cell Phone Wireless Communication 172018 52,012 VIDEOTRONIX INC Other Assets Capital Impr./Maint.Fund 172019 771 VINO SOURCE,THE Wine Imported Den Road Liquor Store 172020 517 VINOCOPIA Liquor Den Road Liquor Store 172021 457 VSA INC Video&Photo Supplies Communication Services 172022 1,295 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 172023 343 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 172024 2,901 WATSON CO INC,THE Merchandise for Resale Concessions 172025 4,354 WELLS FARGO PAYMENT PROCESSING Miscellaneous DWI Forfeiture 172026 1,503 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 172027 2,011 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 172028 2,323 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 172029 113 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 172030 56,575 XCEL ENERGY Electric Sewer Liftstation 172031 9,824 YALE MECHANICAL INC Contract Svcs-HVAC Public Works/Parks 172032 399 2ND WIND EXERCISE Equipment Repair&Maint Utility Operations-General 172033 11,376 ADVANCED ENGINEERING&ENVIRON Design&Engineering Utility Improvement Fund 172034 189 ARMOR SECURITY INC. Other Contracted Services Cummins Grill 172035 63 ASSET RECOVERY CORPORATION Waste Disposal Utility Operations-General 172036 12 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 172037 160 BRAUN INTERTEC CORPORATION Improvement Contracts Trails Referendum 172038 4,746 DELANO ERICKSON ARCHITECTS Other Contracted Services Parks Referendum 172039 870 FERRELLGAS Gas Outdoor Center 172040 6,807 GUNNAR ELECTRIC CO INC Improvements to Land Park Acquisition&Development 172041 1,663 HANSEN THORP PELLINEN OLSON Improvement Contracts Trails Referendum 172042 1,136 KMAC INC Equipment Repair&Maint Park Maintenance 172043 3,976 KRAEMER MINING&MATERIALS INC Building Materials Water System Maintenance 172044 1,545 PARK NICOLLET CLINIC Other Contracted Services Workers Comp Insurance 172045 50 PRAIRIE LAWN AND GARDEN Grounds Maintenance Water Treatment Plant 172046 281 REED BUSINESS INFORMATION Legal Notices Publishing Water Treatment Plant 172047 61 RICHFIELD,CITY OF Operating Supplies Fleet Operating 172048 1,065 SA-AG INC Building Materials Water System Maintenance 172049 845 SIGNSOURCE Signs Park Maintenance 172050 8,753 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant 172051 3,370 WM MUELLER AND SONS INC Gravel Water System Maintenance 172052 62 COMCAST General 494 Corridor Commission 172053 6 CULLIGAN BOTTLED WATER General 494 Corridor Commission 172054 105 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 172055 557 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 172056 20 INTERNET EXPOSURE INC General 494 Corridor Commission 172057 605 LEAGUE MN CITIES INS TRUST General 494 Corridor Commission 172058 249 MADISON,MELISSA General 494 Corridor Commission 172059 66 MEREDITH KATE General 494 Corridor Commission 172060 1,500 MESSERLI&KRAMER General 494 Corridor Commission 172061 7,803 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission Check# Amount Vendor/Explanation Account Description Business Unit 172062 81 RANKIN,ANDREW General 494 Corridor Commission 172063 74 SOLUTION BUILDERS General 494 Corridor Commission 172064 25 SOUTHWEST TRANSIT General 494 Corridor Commission 172065 116 VERIZON WIRELESS General 494 Corridor Commission 172066 356 WELLS FARGO BANK General 494 Corridor Commission 172068 3,221 AMERICAN TEST CENTER INC Equipment Testing/Cert. Fire 172069 158 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 172070 50 ANDERSON,KENNETH Refunds Environmental Education 172071 453 ASPEN CARPET CLEANING Other Contracted Services Den Road Liquor Store 172072 558 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 172073 2,174 BECKER ARENA PRODUCTS INC Advertising Community Center Admin 172074 5,095 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 172075 6 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 172076 896 BLOOMINGTON SECURITY SOLUTIONS Equipment Repair&Maint Water Wells 172077 893 BREHM GROUP,THE Other Contracted Services City Council 172078 184 BRO-TEX INC Equipment Parts Fleet Operating 172079 380 CALIFORNIA CONTRACTORS SUPPLIE Repair&Maint.Supplies Water Treatment Plant 172080 306 CATCO PARTS SERVICE Equipment Parts Fleet Operating 172081 1,515 CENTERPOINT ENERGY Gas Prairie View Park 172082 75,365 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 172083 998 CHEMSEARCH Repair&Maint.Supplies Sewer System Maintenance 172084 245 CLAREYS INC Safety Supplies Fleet Operating 172085 13 COMCAST Operating Supplies Fire 172086 5,462 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 172087 1,071 CORPORATE EXPRESS Office Supplies General 172088 88 CRIPE,JACQUELYN V Other Contracted Services Volleyball 172089 123 CULLIGAN BOTTLED WATER Operating Supplies Fire 172090 136 CUSTOM CANVAS INC. Equipment Parts Water Treatment Plant 172091 160 D P INDUSTRIAL MARKETING LTD Supplies-Security Police City Center 172092 192 DART PORTABLE STORAGE INC Other Contracted Services Sprint/Nextel 172093 6,624 DAY DISTRIBUTING Beer Prairie View Liquor Store 172094 300 DECORATIVE DESIGNS INC Grounds Maintenance Utility Operations-General 172095 2,121 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 172096 4,020 EARL F ANDERSEN INC Signs Traffic Signs 172097 217 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Community Development Admin. 172098 230 EHLERS&ASSOCIATES INC Conference Expense Economic Development 172099 9,500 ELECTION SYSTEMS&SOFTWARE IN Operating Supplies Elections 172100 88 ELIASON,STEVE J Other Contracted Services Basketball 172101 58 ELVIN SAFETY LLC Building Repair&Maint. Fire 172102 295 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 172103 35 FIRE MARSHALS ASSN OF MINNESOT Dues&Subscriptions Fire 172104 6,615 FIRE SAFETY USA INC Capital Under$10,000 Fire 172105 252 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 172106 283 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Economic Development Fund 172107 5,284 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 172108 107 GOT SWAT GEAR.COM INC Clothing&Uniforms Police 172109 385 GOVERNMENT FINANCE OFFICERS AS Awards Finance 172110 702 GRAINGER Small Tools Water Treatment Plant 172111 184 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 172112 12,771 GRAYMONT Treatment Chemicals Water Treatment Plant 172113 19,716 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 172114 100 GRONES,CAROL Refunds Environmental Education 172115 60 GUNNAR ELECTRIC CO INC Repair&Maint.Supplies Park Maintenance 172116 107 GUSTAD,MARK Operating Supplies Police 172117 61 HABERLE,ROBERT Mileage&Parking Police 172118 1,044 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Operating 172119 868 HD SUPPLY WATERWORKS LTD Merchandise for Resale Water Metering 172120 230 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 172121 500 HENRY,PAUL Other Contracted Services Broomball 172122 1,270 HOHENSTEINS INC Beer Prairie View Liquor Store 172123 264 HOLMES,TOM Other Contracted Services Volleyball 172124 681 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Wells 172125 560 IIMC Conference Expense City Clerk 172126 1,057 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit 172127 288 INFRATECH Repair&Maint.Supplies Water System Maintenance 172128 25 IPMA MINNESOTA Dues&Subscriptions Human Resources 172129 507 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 172130 155 J P COOKE CO,THE Operating Supplies Engineering 172132 607 JAMAR TECHNOLOGIES INC Equipment Parts Fleet Operating 172133 9,088 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 172135 25,791 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 172136 1,162 KEEPERS Clothing&Uniforms Police 172137 1,215 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Operating 172138 40 LANDS END CORPORATE SALES Clothing&Uniforms Police 172139 117,599 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 172140 834 LEVERAGE Equipment Repair&Maint Wireless Communication 172141 420 LIONS TAP Operating Supplies Fire 172142 2,454 M R SIGN Signs Economic Development Fund 172143 243 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 172144 4,070 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 172145 8,908 MARK VII Beer Prairie Village Liquor Store 172146 5,437 MATTS AUTO SERVICE INC Operating Supplies DWI Forfeiture 172147 299 MENARDS Operating Supplies Utility Operations-General 172148 336 METRO FIRE Tuition Reimbursement/School Fire 172149 275 METRO LEAK DETECTION Other Contracted Services Water System Maintenance 172150 1,782 METRO SALES INCORPORATED* Other Rentals General 172151 600 METROPOLITAN AIRPORTS COMMISSI Other Rentals Flying Cloud Fields 172152 30,269 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 172153 181 METROPOLITAN FORD Equipment Parts Fleet Operating 172154 1,099 MGB PRINTING SERVICES Advertising Community Center Admin 172155 754 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 172156 636 MINNESOTA ATHLETIC APPAREL Operating Supplies Fire 172157 60 MINNESOTA ENVIRONMENTAL INITIA Conference Expense Utility Operations-General 172158 118 MINNESOTA SAFETY COUNCIL Office Supplies General 172159 439 MINNETONKA GLASS&MIRROR Supplies-General Bldg Community Center Maintenance 172160 150 MN HTCIA Tuition Reimbursement/School Police 172161 39,486 MOBILE RADIO ENGINEERING INC Other Contracted Services Sprint/Nextel 172162 75 MSFCA Tuition Reimbursement/School Fire 172163 842 MT GLOBAL LLC Wine Imported Den Road Liquor Store 172164 2,287 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 172165 100 NELSON,MARSHA Refunds Environmental Education 172166 1,094 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store 172167 286 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 172168 837 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 172169 289 OLSEN COMPANIES Small Tools Storm Drainage 172170 481 OLYMPIC HILLS GOLF CLUB Miscellaneous City Council 172171 150 OPHEIM,DONALD Refunds Environmental Education 172172 3,640 PAUL'S TWO-WAY RADIO Other Contracted Services Sprint/Nextel 172173 5,300 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 172174 801 PEPSI COLA COMPANY Merchandise for Resale Concessions 172176 9,672 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 172177 3,002 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Capital Impr./Maint.Fund 172178 717 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 172179 75 PUBLIC EMPLOYEES RETIREMENT AS Pension-PERA Fire 172180 267 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 172181 12,707 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 172182 45,472 QUIRING TRUCKING&EXCAVATING Improvements to Land Parks Referendum 172183 2,426 QWEST Telephone E-911 Program 172184 334 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 172185 100 RAY,LEE Other Contracted Services Basketball 172186 245 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 172187 310 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 172188 10,118 RUFFRIDGE JOHNSON EQUIPMENT CO Machinery&Equipment Fleet Capital 172189 21 SCHARBER&SONS Equipment Parts Fleet Operating 172190 483 SEARS COMMERCIAL ONE Small Tools General Facilities 172191 83 SEELYE PLASTICS INC Repair&Maint.Supplies Water Treatment Plant 172192 156 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 172193 650 SNI SOLUTIONS Salt Snow&Ice Control Check# Amount Vendor/Explanation Account Description Business Unit 172194 50 SNOOK,JIM Refunds Environmental Education 172195 350 SOUNDS GREAT Special Event Fees Special Events&Trips 172196 3,076 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 172197 485 SOUTHERN OHIO LECC Miscellaneous Police 172198 118 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 172199 44 SPRI PRODUCTS INC Operating Supplies Fitness Classes 172200 100 STANSBURY,DOUG Refunds Environmental Education 172201 1,579 STREICHERS Clothing&Uniforms Police 172202 177 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 172203 322 SURLY BREWING CO Beer Prairie Village Liquor Store 172204 175 SWANSON,JEFF Other Contracted Services Broomball 172205 233 TASK FORCE TIPS INC Repair&Maint.Supplies Fire 172206 12,954 THORPE DISTRIBUTING Beer Den Road Liquor Store 172207 2,019 TNEMEC COMPANY INC Repair&Maint.Supplies Water Treatment Plant 172208 135 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Park Maintenance 172209 100 TRICK,ANDREW Refunds Environmental Education 172210 527 UNCOMMON GATHERINGS Operating Supplies Winter Theatre 172211 58 UNIFORMS UNLIMITED Clothing&Uniforms Police 172212 322 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 172213 229 UPS Other Contracted Services Sprint/Nextel 172214 660 VAN BERGEN COMPANY INC Equipment Parts Water Storage 172215 133 VERIZON WIRELESS Pager&Cell Phone Water Distribution 172216 2,332 VESSCO INC Equipment Parts Water Treatment Plant 172217 2,025 VIDEOTRONIX INC Capital Under$10,000 Capital Impr./Maint.Fund 172218 1,973 VINOCOPIA Liquor Prairie Village Liquor Store 172219 622 VSA INC Video&Photo Supplies Police 172220 75 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 172221 100 WEED,MICHAEL Refunds Environmental Education 172222 1,201 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 172223 4,993 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 172224 535 WOODBURY,CITY OF Tuition Reimbursement/School Police 172225 5 WOODLAND STOVES&FIREPLACES Cash Over/Short General Fund 172226 650 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 172227 40,946 XCEL ENERGY Electric Flying Cloud Off Leash Park 172228 20 YAHOO! Operating Supplies Police 172229 2,700 YALE MECHANICAL INC Building Repair&Maint. Water Wells 172230 160 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 172231 495 ALEXANDRIA TECHNICAL COLLEGE Tuition Reimbursement/School Fire 172232 252 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 172233 2,500 GLOBAL SYNERGY GROUP LLC Other Contracted Services City Council 172234 200 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Assessing 172235 595 JAMAR TECHNOLOGIES INC Equipment Parts Fleet Operating 172236 100 PRINKKILA,PAMELA Refunds Environmental Education 172237 300 SCOTT COUNTY Deposits Escrow 172239 852 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 172240 4,760 A-SCAPE INC Contract Svcs-Snow Removal Dunn Brothers 172241 130 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 172242 4 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 172243 100 ACHCAR-WINKELS,RAY Refunds Environmental Education 172244 5,345 ADVANCED ENGINEERING&ENVIRON Process Control Services Process Control 172245 20 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Police City Center 172246 111 AMERICAN PRESSURE INC Equipment Parts Water System Maintenance 172247 142 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 172248 3,255 AMSAN LLC Cleaning Supplies Community Center Maintenance 172249 277 ANCHOR PRINTING COMPANY Printing Police 172250 550 ANDERSON,BRYAN E Other Contracted Services Broomball 172251 630 ANNIE'S CAFE Special Event Fees Classes/Programs/Events 172252 2,268 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Operating 172253 3,645 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 172254 90 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 172255 38 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 172256 5,103 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 172257 206 BIFFS INC Waste Disposal Park Maintenance 172258 7,182 BIO-KEY INTERNATIONAL Software Maintenance IT Operating Check# Amount Vendor/Explanation Account Description Business Unit 172259 1,098 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Fire Station#4 172260 50 BOLD,PAULINE Instructor Service Outdoor Center 172261 40 BRAGG,ANNALISA Instructor Service Outdoor Center 172262 372 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 172263 65 CATCO PARTS SERVICE Equipment Parts Fleet Operating 172264 54 CAWLEY COMPANY,THE Office Supplies City Manager 172265 3,554 CLAREYS INC Instructor Service Sewer System Maintenance 172266 1,845 CORPORATE EXPRESS Office Supplies General 172267 176 CRIPE,JACQUELYN V Other Contracted Services Volleyball 172268 32 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 172269 12 DAHL,GAYLE Program Fee Classes/Programs/Events 172270 95 DAVIS BUSINESS MACHINES INC Equipment Repair&Maint Concessions 172271 7,842 DAY DISTRIBUTING Beer Prairie Village Liquor Store 172272 204 DELEGARD TOOL CO Equipment Parts Fleet Operating 172273 421 DESIGN DESIGN Misc Taxable Prairie Village Liquor Store 172274 64 DIRECTV Cable TV Community Center Admin 172275 29,210 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr-Tenant Direct Costs 172276 1,002 DUMMIES UNLIMITED INC Training Supplies Police 172277 8,411 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 172278 1,907 EARL F ANDERSEN INC Repair&Maint.Supplies Storm Drainage 172279 88 ELIASON,STEVE J Other Contracted Services Basketball 172280 930 EMPLOYERS ASSOCIATION INC Dues&Subscriptions Human Resources 172281 1,118 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 172282 84 FAGNANT,SUSAN Instructor Service Outdoor Center 172283 12,030 FINLEY BROS INC Improvements to Land Parks Referendum 172284 3,057 FORCE AMERICA Small Tools Fleet Operating 172285 3,421 FORD MOTOR CREDIT COMPANY Miscellaneous DWI Forfeiture 172286 175 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 172287 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 172288 263 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 172289 259 GINA MARIAS INC Operating Supplies Fire 172290 94 GRAINGER Equipment Parts Fleet Operating 172291 662 GRAPE BEGINNINGS Wine Imported Prairie View Liquor Store 172292 321 GREATAMERICA LEASING CORP. Postage General 172293 93 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Operating 172294 14,569 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 172295 15,313 GRIGGS COOPER&CO Misc Taxable Den Road Liquor Store 172296 100 GRONES,CAROL Refunds Environmental Education 172297 528 HAMMERS,SARAH Other Contracted Services Volleyball 172298 32 HANISCH,RYAN Memberships Community Center Admin 172299 191 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 172300 1,700 HARLEY CONSULTING&COACHING Other Contracted Services Organizational Services 172301 278 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Operating 172302 817 HEARTLAND DISTRIBUTION LLC Tires Fleet Operating 172303 934 HENNEPIN COUNTY ATTORNEY'S OFF Miscellaneous DWI Forfeiture 172304 1,600 HENNEPIN TECHNICAL COLLEGE Employment Support Test Fire 172305 479 HIGHWAY TECHNOLOGIES Conference Expense Water System Maintenance 172306 198 HOLMES,JOHN CARTER Other Contracted Services Basketball 172307 810 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 172308 156 ITALWINE IMPORTS&DISTRIBUTOR Wine Imported Den Road Liquor Store 172309 547 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 172310 153 JANEX INC Cleaning Supplies General Facilities 172311 15,257 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 172312 400 JOHN E REID&ASSOCIATES Tuition Reimbursement/School Police 172315 36 JOHNSON,SHEILA AR Utility Water Enterprise Fund 172316 100 JONES,CARRIE Refunds Environmental Education 172317 50 JORDAN,LAURA Refunds Environmental Education 172318 826 KEEPERS Clothing&Uniforms Police 172319 12 KOVALA,CAROL Program Fee Classes/Programs/Events 172320 88 KRAMER,TRENT C Other Contracted Services Basketball 172321 349 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM 172322 112 LAB SAFETY SUPPLY INC Supplies-General Bldg City Hall-CAM 172323 84,761 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 172324 107 LECY,AUDREY AR Utility Water Enterprise Fund Check# Amount Vendor/Explanation Account Description Business Unit 172325 16 LOES OIL COMPANY Lubricants&Additives Fleet Operating 172326 94 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 172327 1,365 MACQUEEN EQUIPMENT INC Conference Expense Utility Operations-General 172328 9,867 MARK VII Beer Den Road Liquor Store 172329 350 MARTIN-MCALLISTER Other Contracted Services Police 172330 238 MASTER CRAFT LABELS INC Operating Supplies Den Road Liquor Store 172331 269 MCNEILUS STEEL INC Equipment Parts Fleet Operating 172332 186 MENARDS Operating Supplies Park Maintenance 172333 196 METRO ATHLETIC SUPPLY Recreation Supplies Basketball 172334 802 METRO FIRE Operating Supplies Fire 172335 720 METRO SALES INCORPORATED* Other Rentals General 172336 254,815 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 172337 440 METROPOLITAN FORD Equipment Parts Fleet Operating 172338 555 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 172339 1,234 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 172340 391 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire 172341 225 MINNESOTA CHAPTER IAAI Tuition Reimbursement/School Police 172342 64 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Distribution 172343 397 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 172344 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 172345 147 MINVALCO INC Supplies-HVAC City Hall-CAM 172346 150 MPELRA Dues&Subscriptions Human Resources 172347 100 MRPA Employment Advertising Organizational Services 172348 375 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 172349 1,566 NCT INC Conference Expense IT Operating 172350 1,225 NEUMANN,NEAL Other Contracted Services Broomball 172351 72 NORCOSTCO Operating Supplies Winter Theatre 172352 322 OLSEN COMPANIES Small Tools Traffic Signals 172353 60 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating 172354 323 PALOS SPORTS INC Recreation Supplies Volleyball 172355 4,655 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 172356 634 PEPSI COLA COMPANY Merchandise for Resale Concessions 172357 274 PETTY CASH-CARLA KRESS Operating Supplies Senior Board 172358 322 PETTY CASH-POLICE DEPT Operating Supplies Police 172359 9,957 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie View Liquor Store 172360 427 POMP'S TIRE SERVICE INC Tires Fleet Operating 172361 1,875 PRACTICAL SHOORTING ACADEMY IN Tuition Reimbursement/School Police 172362 237 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Den Road Building 172363 9,217 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 172364 8,068 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 172365 180 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 172366 663 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 172367 201 PROP United Way Withheld General Fund 172368 481 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 172369 14,621 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 172370 153 QWEST Telephone Water Distribution 172371 125 RAY,LEE Other Contracted Services Basketball 172372 305 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 172373 38 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 172374 520 ROOT 0 MATIC Contract Svcs-Electrical City Hall-CAM 172375 120 ROUSE,SUSAN Clothing&Uniforms Ice Show 172376 119 S&S WORLDWIDE Operating Supplies Oak Point Operations 172377 200 SCOTT COUNTY Deposits Escrow 172378 165 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 172379 63 SHRED-IT Waste Disposal City Center Operations 172380 21 SKAAR-PAGE,CAROLINE Program Fee Special Events&Trips 172381 47 SNAP-ON TOOLS Small Tools Fleet Operating 172382 1,576 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 172383 142 SPECIALTY WINES AND BEVERAGES Wine Domestic Prairie Village Liquor Store 172384 2,103 ST CROIX ENVIRONMENTAL INC Other Contracted Services Utility Improvement Fund 172385 701 STANLEY SECURITY SOLUTIONS INC Contract Svcs-Security Community Center Maintenance 172386 4,852 STAR TRIBUNE Employment Advertising Organizational Services 172387 310 STRATUM ONE FITNESS EQUIPMENT Equipment Repair&Maint Police 172388 300 STREICHERS Clothing&Uniforms Police Check# Amount Vendor/Explanation Account Description Business Unit 172389 804 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 172390 125 SWANSON,JEFF Other Contracted Services Broomball 172391 314 TESSMAN SEED CO Chemicals Park Maintenance 172392 18,367 THORPE DISTRIBUTING Beer Prairie View Liquor Store 172393 109 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 172394 146 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 172395 75 TREASURE ISLAND RESORTS&CASI Special Event Fees Red Hat 172396 175 TWIN CITY OXYGEN CO Equipment Parts Fleet Operating 172397 95 UNDESSER,JOHN Mileage&Parking Inspections-Administration 172398 490 UNIFORMS UNLIMITED Clothing&Uniforms Police 172399 203 UNITED WAY United Way Withheld General Fund 172400 165 UNIVERSITY OF MINNESOTA Conference Expense Tree Disease 172401 19 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 172402 100 VAN TASSEL,DEBRA Refunds Environmental Education 172403 88 VERIZON WIRELESS Pager&Cell Phone Police 172404 119 VINO SOURCE,THE Wine Imported Den Road Liquor Store 172405 509 WATSON CO INC,THE Merchandise for Resale Concessions 172406 2,155 WENCK ASSOCIATES INC Design&Engineering Improvement Projects 2006 172407 53 WERNSING,COURTNEY Lessons&Classes Pool Lessons 172408 2,411 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 172409 3,844 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 172410 869 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 172411 4,969 WSB&ASSOCIATES INC Building Park Acquisition&Development 172412 53,094 XCEL ENERGY Electric Emergency Preparedness 172413 17,289 YALE MECHANICAL INC Contract Svcs-HVAC Senior Center 172414 1,327 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 172415 540 BIFFS INC Waste Disposal Park Maintenance 172416 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 172417 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 172418 161 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 172419 179,524 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 172420 869 HOME DEPOT CREDIT SERVICES Supplies-Plumbing City Hall-CAM 172421 810 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 172422 28,845 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 172423 932 LEAGUE MN CITIES INS TRUST Insurance WAFTA 172424 664 MINNESOTA DEPT OF REVENUE Waste Disposal Park Maintenance 172425 500 OLYMPIC HILLS GOLF CLUB Prepaid Expenses General Fund 172426 897 PETTY CASH Mileage&Parking Water Distribution 172427 3,547 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 172428 201 PROP United Way Withheld General Fund 172429 37 STATE OF MINNESOTA Operating Supplies DWI Forfeiture 172430 54 THIELMAN,MARC Mileage&Parking General Facilities 172431 203 UNITED WAY United Way Withheld General Fund 172432 100 HCTEP Office Supplies General 172433 400 HIGHWAY TECHNOLOGIES Conference Expense Street Maintenance 172434 162,531 SOLOMON REAL ESTATE GROUP INC Deposits Escrow 172435 6,512 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 172436 18 STATE OF MINNESOTA Operating Supplies DWI Forfeiture 172437 545 UNIVERSITY OF MINNESOTA Conference Expense Utility Operations-General 4,874,646 Grand Total US Bank Purchasing Card 1/13/2008 Check# Amount Explanation Supplier Account Description Business Unit 2950 151 US-Water Utility Train.Book AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General 325 US-IABC Membership IABC Dues&Subscriptions Communication Services 126 US-2 Chairs-Recruit.Display TARGET Training Supplies Police 196 US-Food-Train-ERU Teams GINA MARIAS INC Tuition Reimbursement/School Police 25 US-LE Class Tuition-J.Hoff ATOM Tuition Reimbursement/School Police 64 US-Program Book Supplies MICHAELS-THE ARTS&CRAFTS S Office Supplies Utility Operations-General 16 US-Fuel for Truck#705 AMOCO OIL COMPANY Motor Fuels Utility Operations-General 182 US-Nyl.Lanyard-ID Badges RMG ACCESSORY GEAR Office Supplies Utility Operations-General 675 US-Lime Silo Hatch Repair KC SUPPLY Equipment Repair&Maint Water Treatment Plant 20 US-Kitchen Supp-Water Plt TARGET Office Supplies Utility Operations-General 70 US-ID Badge Supplies RMG ACCESSORY GEAR Office Supplies Utility Operations-General 512 US-Drill Press SEARS EDEN PRAIRIE Capital Under$10,000 Capital Outlay Parks 2,637 US-Vehicle#467 Repair KENNEDY TRANSMISSION Equipment Repair&Maint Fleet Operating 1,080 US-EPCC Exercise Supp. POWER SYSTEMS Operating Supplies Fitness Classes 2,796 US-EPCC Exercise Supp. AV NOW,INC Capital Under$10,000 Fitness Center 42 US-EPCC Office Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Fitness Center -113 US-Refund POWER SYSTEMS Operating Supplies Fitness Classes 78 US-Suppl-Trim Trees-Lift St. MENARDS Repair&Maint.Supplies Sewer Liftstation 67 US-Lunch for Radio Group RUBY TUESDAY Operating Supplies Fire 443 US-Fire Insp.Conf-Hammers MADISON CONCOURSE HOTEL Conference Expense Fire 1,020 US-Bulk Test Regis-17 Indiv MFSCB Employment Support Test Fire 10 US-Micros.Sympo.Lunch-2 BURGER KING Operating Supplies Fire 443 US-Fire Insp.Conf-A.Nelson MADISON CONCOURSE HOTEL Conference Expense Fire 382 US-Microsoft Symposium HILTON HOTELS Conference Expense Fire 4 US-Microsoft Symposium HILTON HOTELS Conference Expense Fire 91 US-Command Staff Mtg-15 CHIPOTLE Operating Supplies Fire 536 US-Fire Training Books FIRE DEPARTMENT TRAINING NETWO Tuition Reimbursement/School Fire 777 US-Fire Training Software DIGITAL COMBUSTION INC Tuition Reimbursement/School Fire 60 US-Train/Instructor Books ELSEVIER Tuition Reimbursement/School Fire 17 US-Miller Spring Heat MENARDS Repair&Maint.Supplies Park Maintenance 67 US-GPS OFFICEMAX CREDIT PLAN Operating Supplies Park Maintenance 13 us-Riley Light Pole MENARDS Operating Supplies Park Maintenance 21 US-Oper.Tools/Tree Lights WALMART COMMUNITY Small Tools Water Treatment Plant 17 US-Extension Cords HOME DEPOT CREDIT SERVICES Operating Supplies Utility Operations-General 861 US-Filter Positioner FCX PERFORMANCE INC Equipment Parts Water Treatment Plant 240 US-Airfare to ULI Conf NORTHWEST AIRLINES Travel Expense Community Development Admin. 375 US-Annual ULI Conference URBAN LAND INSTITUTE Conference Expense Community Development Admin. 8 US-Food-Human Rights Mtg TARGET Miscellaneous City Council 138 US-Planning Calendars FRANKLIN COVEY Office Supplies General 6 US-Council Mtg Beverages CUB FOODS EDEN PRAIRIE Office Supplies General 4,977 US-11/07 Bldg Surcharges DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 351 US-11/07 Bldg Surcharges DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 162 US-11/07 Bldg Surcharges DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 482 US-Sr Holiday Luncheon KOWALSKI'S MARKET Special Event Fees Classes/Programs/Events 275 US-Sr Holiday Luncheon KOWALSKI'S MARKET Special Event Fees Classes/Programs/Events 67 US-Labor Law Posters LABOR LAWS Operating Supplies Concessions 67 US-Labor Law Posters LABOR LAWS Operating Supplies Concessions 237 US-EPCC Exercise CD's POWER MUSIC INC Operating Supplies Fitness Classes 31 US-Fitness Ctr Supplies TARGET Operating Supplies Fitness Center 107 US-Fitness Frames MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fitness Center 25 US-Fitness Tags TARGET Operating Supplies Community Center Admin 6 US-Fitness Tags TARGET Operating Supplies Community Center Admin 57 US-Concession Rink Suppl. OFFICE DEPOT CREDIT PLAN Operating Supplies Concessions 123 US-EPCC Exercise Supplies SILVERSNEAKERS FITNESS PROGRAM Operating Supplies Fitness Classes 239 US-Water Heater for Shop MENARDS Equipment Repair&Maint Water System Maintenance 63 US-Plumbing Supplies MENARDS Equipment Repair&Maint Water System Maintenance 90 US-Chamber Legislat.Event MINNESOTA CHAMBER OF COMMERCE Other Contracted Services Economic Development 100 US-ICSC Membership Dues ICSC Dues&Subscriptions Economic Development 47 US-Trinkets-Holiday Lunch. ORIENTAL TRADING Operating Supplies Internal Events 20 US-Lunch w/Rob Reynolds NEW BEIJING CHINESE RESTAURANT Miscellaneous City Manager 107 US-Flag Pins-New Citizens ALAMO FLAG CO Miscellaneous Reserve 260 US-Council Wkshop Food BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Council 59 US-AfterBudgt Mtg-5 Emp. THE ORIGINAL PANCAKE HOUSE Miscellaneous City Council Check# Amount Explanation Supplier Account Description Business Unit 8 US-Blog TIGER TECHNOLOGIES Software Information Technology 143 US-Books for Book Club AMAZON.COM Operating Supplies Internal Events 51 US-Light Bulbs for Shop MENARDS Repair&Maint.Supplies Sewer System Maintenance 3 US-Water Plant Parts HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 19 US-Lunch-Wallace Rd Leak CULVER'S Miscellaneous Water System Maintenance 771 US-Elec.Prec.Supply Boxes CONTAINER STORE Operating Supplies Elections 102 US-Emergency Cots SPORTS AUTHORITY Operating Supplies Police -248 US-Adjustment Cost-Flags CVS WHOLESALE FLAGS Supplies-General Building City Center Operations 32 US-Vendor/Demo-Lunch GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Police 454 US-CSO/Riot Carrier HEAD LITES CORPORATION Training Supplies Police 10 US-Return Chg-Res.Shoes COPSHOES Clothing&Uniforms Reserves 4 US-Supplies for Truck#169 HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 2 US-Supplies for Truck#169 HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 150 US-Fuel for Loader SUPERAMERICA Motor Fuels Fleet Services 399 US-Dues-Insur.Reimb.Prog. NIHCA/MICHA. Operating Supplies Community Center Admin 23 US-Binders for Office OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Admin 88 US-Key Tags for Lockers OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin 55 US-Soulfire Meeting GINA MARIAS INC Operating Supplies Youth Programs Administration 159 US-Tracphones-WarmHous WALMART COMMUNITY Operating Supplies Skating Rinks/Warming Houses 20 US-Rec.Mtg Refreshments RAINBOW FOODS INC. Operating Supplies Recreation Administration 31 US-Warming House Suppl. WALMART COMMUNITY Operating Supplies Skating Rinks/Warming Houses 20 US-Van Fuel-Youth Trip HOLIDAY STATION STORES INC Operating Supplies Special Events&Trips 9 US-Warming House Suppl. HOME DEPOT CREDIT SERVICES Operating Supplies Skating Rinks/Warming Houses 26 US-Holiday Party Decorat. TARGET Operating Supplies Internal Events 20 US-Holiday Party Decorat. WALMART COMMUNITY Operating Supplies Internal Events 358 US-Volleyball nets CARRON NET COMPANY,INC Recreation Supplies Volleyball 14 US-Freight-Volleyball Nets CARRON NET COMPANY,INC Recreation Supplies Volleyball 444 US-Schools Out Wint.Break THREE RIVERS PARK DISTRICT Special Event Fees Special Events&Trips 236 US-Schools Out Wint.Break CHUCK-E-CHEESE Special Event Fees Special Events&Trips 30 US-Strategic Plan.LD Meet. INTA NICE Operating Supplies Recreation Administration 124 US-Sat Night Out Program DAVANNI'S PIZZA Operating Supplies Teen Programs 12 US-Snacks-Schools Out KOWALSKI'S MARKET Operating Supplies Special Events&Trips 309 US-Ribbon for Card Printer CDW GOVERNMENT INC. Operating Supplies Community Center Admin 54 US-E-permit Security PAYPAL INC Equipment Repair&Maint Information Technology 415 US-EPCC Exercise Supplies SILVERSNEAKERS FITNESS PROGRAM Operating Supplies Fitness Classes 8 US-EPCC Exercise Supplies SILVERSNEAKERS FITNESS PROGRAM Operating Supplies Fitness Classes 26,421 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Appointments March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.C. City Council 2008 City Commission Appointments Requested Action Move to: Appoint to the Arts & Culture Commission: Ana Armstrong and Elizabeth Petry-Lee—Terms to expire March 31, 2011. Move to: Appoint to the Conservation Commission: Ray Daniels and Geneva MacMillan—Terms to expire March 31, 2011. Move to: Appoint to the Flying Cloud Airport Advisory Commission: Rick King, Greg McKewen, and Judith Gentry—Terms to expire March 31, 2011. Move to: Appoint to the Heritage Preservation Commission: Nina Mackay, Ed Muehlberg, and Kathy Veurink—Terms to expire March 31, 2011. Move to: Appoint to the Human Rights and Diversity Commission: Kelly Brandon—Term to expire March 31, 2010. Mohamed Duale and Marcy Harris—Terms to expire March 31, 2011. Move to: Appoint to the Parks, Recreation and Natural Resources Commission: Lee Elliott-Stoering and Geri Napuck—Terms to expire March 31, 2011. Move to: Appoint to the Planning Commission: John Cadman—Term to expire March 31, 2010. John Kirk, Jon Stoltz, and Catherine Lechelt—Terms to expire March 31, 2011. Synopsis The City Council held Commission interviews on Monday, February 25, 2008. Twenty-six(26) candidates applied overall for consideration; eleven(11)new applicants and fifteen(15) candidates seeking reappointment. Twenty(20) candidates are being designated for Commission appointments on March 4, 2008; eight (8) appointed for the first time, and twelve (12) reappointments. Appointments are being made to all Commissions except the Budget Advisory Commission; no positions were available on the BAC this year. All terms of appointment are scheduled to begin on April 1, 2008. A City Commission Orientation session will be held on Wednesday, March 26, 2008 for all new and re-appointed Commission members being appointed tonight prior to the formal start of their Commission terms. CITY COUNCIL AGENDA DATE: March 04, 2008 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B. City Council Appointments to 2008 Board of Appeal and Equalization Requested Action Move to: Appoint to the Board of Appeal and Equalization Mike Best, Brian Duoos,Jim Johnson,Annette O'Connor, and Patricia Pidcock for the period of April 1, 2008 through May 31, 2008, or until the Board of Appeal and Equalization completes its work. Synopsis The proposed members for Council approval are experienced real estate professionals with extensive knowledge of the Southwest metro area. Mike Best of REMAX Results is involved in the sale of single family properties in the southwest metro area. Brian Duoos of Edina Realty is involved in the sale of single family properties in the southwest metro area. Jim Johnson of The Realty House is involved in the sale of single family properties in the southwest metro. Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family properties in the southwest metro area. Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest metro area and a former member of the City of Eden Prairie City Council. Background From 1992 through 2007, the City has appointed a special Board of Appeal and Equalization (also formerly named the Board of Review). The members are citizen volunteers that are active and knowledgeable, with extensive experience in the real estate market. The members are recruited by the City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of$50 for all required training sessions and Board meetings. In 2003, the Minnesota legislature passed a law requiring members of local Boards of Appeal and Equalization Commissions attend a training session, developed by the Minnesota Department of Revenue, at least once every four years. Eden Prairie's BAE training session last took place on Wednesday, April 20, 2005. CITY COUNCIL AGENDA DATE: SECTION: Appointments March 4, 2008 DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: XIV.C. DIVISION: 2008 Appointments of Chairs and Vice Chairs to City Council City Commissions Requested Action Move to: Appoint Ann Rorem - Chair and Heather Olson - Vice Chair of the Arts and Culture Commission. Move to: Appoint Don Uram - Chair and Katherine Kardell-Vice Chair of the Budget Advisory Commission. Move to: Appoint Eapen Chacko - Chair and Laura Jester - Vice Chair of the Conservation Commission. Move to: Appoint Richard King - Chair and Jeffrey Larsen - Vice Chair of the Flying Cloud Airport Advisory Commission. Move to: Appoint Betsy Adams - Chair and Ann Higgins - Vice Chair of the Heritage Preservation Commission. Move to: Appoint Carl Maguire - Chair and Pam Spera -Vice Chair of the Human Rights and Diversity Commission Move to: Appoint John Brill - Chair and Geri Napuck - Vice Chair of the Parks, Recreation and Natural Resources Commission. Move to: Appoint Jon Stoltz- Chair and John Kirk-Vice Chair of the Planning Commission. Background Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council held Commission interviews on Monday, February 25, 2008, and determined Chair and Vice Chair assignments for the period of April 1, 2008 through March 31, 2009, at this time. City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson." CITY COUNCIL AGENDA DATE: March 04, 2008 SECTION: Appointments DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D. City Council Appointments of Chair and Vice-Chair to the Board of Appeal and Equalization Requested Action Move to: Appoint Patricia Pidcock—Chair and Mike Best—Vice-Chair of the Board of Appeal and Equalization. Synopsis Chairs and Vice-Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a chairperson ad vice-chairperson for a Board or Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson." CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.B.1. Scott Neal, City Manager Federal Legislative Agenda Requested Action Move to: • Approve proposed legislative agenda and position narratives; and • Authorization to City Manager Scott Neal to speak on behalf of the City of Eden Prairie at the National League of Cities Congressional Cities Conference Synopsis Attached are the position narratives for the individual items that compose the City's federal legislative agenda for 2008. I am seeking the Council's review and approval of the legislative agenda and position narratives. I am also seeking the authorization of the Council to speak on behalf of the City to members of Minnesota's federal legislative delegation in Washington, DC, at the 2008 National League of Cities' Congressional Cities Conference. Attachment Narratives Eden Prairie Supports Federal Financial Assistance for the Remediation of Environmental Contamination of the former EDEN Western Area Fire Training Association (WAFTA) Site Near PRAIRIE LIVE•WORK•OFFA\l St. Bonifacius, Minnesota In 1974,the Western Area Fire Training Academy(WAFTA) was established when a Joint and Cooperative Agreement was signed by volunteer fire departments from eleven cities (Eden Prairie, Maple Plain,Victoria,Watertown, Mound, Chaska, Excelsior, Long Lake, Mayer, St. Bonifacius, and Chanhassen)in the western Twin Cities metropolitan area. The purpose of the organization was to provide a fire training facility where member cities could develop and improve their fire fighting capabilities. On May 7, 1974, WAFTA purchased from the Department of Defense (DOD) the former Nike missile launch facility near St. Bonifacius, Minnesota. The DOD had constructed and operated the Nike missile launch facility from 1958 through 1972. WAFTA converted the 20+ acre Site for fire training exercises by the member fire departments,local utility companies, and other entities. The use of the Site as a fire training facility ceased in 1992 and the Site has been largely vacant since that time. Remnants of the original Nike facility remain essentially intact, the most notable being the three former missile silos (i.e.,large underground"bunkers" that each held seven, separate, solid propellant Hercules missiles). A number of former DOD buildings are known to contain restricted waste materials including asbestos. Several constituents of petroleum fuels, organic solvents, and metals,which were used in DOD operations, have been identified in soil, sediment, groundwater and surface water at the Site above established environmental limits. Chlorinated volatile organic compounds (VOCs), associated with the use of chlorinated solvents,have been detected in groundwater down gradient from major operational areas at the Site and detected in water from the aeration tank and large settling pond (essentially now a wetland). Chlorinated VOC detections in surface water and groundwater,which drain to the wastewater treatment system at the Site, suggests a continuing on-Site source of chlorinated VOCs. In addition, soils and groundwater impacted by petroleum hydrocarbons have been located at or in the vicinity of both above-ground and underground storage tanks installed and used by both the DOD and WAFTA for the storage of fuels during facility operations. The operation of the Nike missile launch facility and fire fighting training academy resulted in the release of chemicals at the Site at concentrations above regulatory soil and groundwater standards. These environmental impacts have been the focus of investigative work performed since 1984. Site investigations completed to date have included: 1) reviewing the Site history and identifying"recognized environmental conditions;"2) characterizing the physical characteristics of the subsurface soils; 3) evaluating groundwater conditions at the Site;4) determining the concentration and extent of chemicals of concern (COCs) in soil, sediment, and groundwater; and 5) collecting data required to develop a remedial action plan that is consistent with proposed future Site use scenarios. A Response Action Plan has been prepared on WAFTA's behalf and submitted to the Minnesota Pollution Control Agency to present proposed means by which the environmental impacts at the Site will be addressed. The proposed response actions are designed in consideration of the physical conditions of the subsurface,the magnitude and extent of chemicals of concern (COC),the size and location of existing Site structures,proposed future Site use scenarios,and the requirements for treating COC-impacted media to address potential exposure pathways and ensure the health and safety of human and environmental receptors during and after the completion of Site remediation work. The WAFTA cities,major public utilities who also conducted fire fighting training at WAFTA and the federal government all share varying levels of culpability for the environmental contamination at WAFTA site. Eden Prairie has taken a leadership role on behalf of the WAFTA cities to resolve this issue. We are seeking federal financial and administrative assistance to remediate the environmental contamination at the WAFTA site. Federal financial assistance is critical. If the eleven WAFTA cities cannot obtain federal financial assistance,the taxpayers of these eleven cities will be forced to pay for the very expensive clean-up of a site that many had a hand in polluting. Eden Prairie Requests Support for its Efforts to Gain Recreational Access for Citizens to the Minnesota Valley EDEN National Wildlife Refuge PRAIRIE LIVE•WOAI[•OFEAM The City has been engaged in an effort for 10 years to provide citizens with recreational access to the river valley for the past six years. The City proposes to construct a pedestrian trail that will allow citizens to access the river valley. The U.S. Fish &Wildlife Service has not been receptive to our proposal. The City understands their concerns and we believe we have put forward reasonable solutions that will balance environmental protection with citizen recreational access to this beautiful part of our community. The City has attempted to communicate with representatives of U.S. Fish and Wildlife to no avail. We have not heard from the U.S. Fish &Wildlife Service despite a letter to them from former Mayor Nancy Tyra-Lukens dated March 10, 2006, proposing solutions to their concerns and asked for additional dialog. The City of Eden Prairie is again requesting the assistance of our federal legislators to encourage the U.S. Fish &Wildlife Service to meet and confer with the City on this matter and to compromise,where appropriate, to provide citizens with a greater level of access to the refuge in the future. Eden Prairie Supports the EDEN Proposed Southwest Light Rail Transitway PRAIRIE The City of Eden Prairie has been participating in the effort led by the Hennepin County Regional Rail Authority(HCRRA) to plan and build a light rail transit line from downtown Minneapolis through the southwest suburbs to Eden Prairie. The planning effort for this project is at the stage where an infusion of federal and state dollars into the process would be helpful. The HCRRA, at the request of the Federal Transit Administration (FTA),is preparing to conduct a Draft Environmental Impact Statement(DEIS) analyzing three potential routes for the light rail line. The estimated cost of the DEIS is over$2,000,000. The HCRRA is seeking federal and state financial assistance to help pay for the DEIS. The Eden Prairie City Council supports this request and asks that its elected federal representatives support it as well. The Eden Prairie City Council also asks its elected federal representatives to advocate for the Southwest Light Rail Transitway(SWLRT) project as it evolves from a planning effort to a"new start up"transit line. The project will require federal"new start up" dollars in the future to become a reality. Eden Prairie supports the SWLRT project and asks its elected federal representatives to help position the project for federal construction grant funds. Eden Prairie supports MnDOT's plans to improve the intersections EDEN of 1-494 £t TH 169 and TH 169 £t Valley View Road PRAIRIE LIVE•WORK.OAFAV The Eden Prairie City Council supports the current MnDOT plan for the improvement plan proposed for the intersection of I-494 &TH 169,which also includes improvements at the intersection of TH 169 &Valley View Road. When completed, these two proposed intersection improvements will make a very significant improvement to the movement of traffic through the Twin Cities' southwest metropolitan area. The proposed project has the support of the Eden Prairie Chamber of Commerce, MnDOT and Governor Pawlenty. The proposed project area lies at the juncture of three cities: Eden Prairie, Edina and Bloomington. The City Councils of these cities have adopted local resolutions granting MnDOT the municipal consent that it requires to continue advancing the project through the final design process. Each City has agreed to a share of the total project cost based on a formula determined by MnDOT. The City of Eden Prairie requests that our federal legislators continue their support for this important transportation improvement project. When it is finally completed, it will make a positive difference in the lives of your constituents. Eden Prairie Supports Federal Financial Assistance EDEN for Local Homeland Security PRAIRIE LIVE•WOAI[•OFFAM One of the City's top requests in the area of homeland security funding is the restoration of funding levels to the Fire Act Grant process. Every year cuts are proposed to this vital program and overall the amount of funding is on the decline. The funding is vital for fire departments of all shapes and sizes across our country. The President's proposed FY 2009 budget decreases funding of this important program from the FY 2008 level of$4.3 million to $40.9 million. We request that FY 2009 funding be set at the FY 2008 level. The primary goal of the Assistance to Firefighters Grants (AFG) is to meet the firefighting and emergency response needs of fire departments and nonaffiliated emergency medical services organizations. Since 2001, AFG has helped firefighters and other first responders to obtain critically needed equipment, protective gear, emergency vehicles, training, and other resources needed to protect the public and emergency personnel from fire and related hazards. The Office of Grants and Training in the Department of Homeland Security administers the grants in cooperation with the U.S. Fire Administration. For fiscal year 2005, Congress reauthorized the Assistance to Firefighters Grants for an additional 5 years through 2010. The City supports the continued funding of the SAFER Grant process. This funding provides money for hiring full-time firefighters. The President's FY 2009 budge proposes to discontinue this program. The City requests your support to keep the program in place through FY 2009. The City of Eden Prairie has developed a local homeland security program called the Partnership for Emergency Readiness (PER). The PER program focuses on the development of relationships between local government and the local business community with the objective of developing better intelligence about the community. The flow of intelligence, in this model, is mutually beneficial. We would like federal attention for our program as a means of encouraging more interest and cooperation at the local level. We do not need federal financial support for the PER program. We would be happy to share information about PER with Federal, State or local officials anywhere in the country. Eden Prairie Supports Continued Federal Funding of the EDEN Community Development Block Grant Program PRAIRIE The City of Eden Prairie is a HUD Entitlement City that receives an annual Community Development Block Grant (CDBG) through Hennepin County. In 2007, the City spent over$390,000 of CDBG funds on community programs and services in Eden Prairie. Each year the Community Development Block Grant program is a vulnerable line item in the federal budget. At a time of economic recession when more citizens than ever are experiencing economic hardship, now is the time to strengthen the CDBG program, not weaken or diminish it. The Eden Prairie City Council supports the CDBG program and asks its elected representatives at the national level to support it as well. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.C.1. Jay Lotthammer, Director, Amend Guidelines for Community Use of Parks and Recreation Parks and Recreation Rental Facilities— Relating to Community Center Food Service Requested Action Move to: Amend the policy entitled Guidelines for Community Use of Parks and Recreation Facilities, Section XIII, Food Services -to clarify food requirements at the Eden Prairie Community Center to require pre-packaged commercially prepared food or the use of a caterer. Synopsis Staff is recommending an amendment to the Guidelines for Community Use of Parks and Recreation Rental Facilities in order to clarify the distribution of food and beverages throughout the park system and specifically at the Community Center. The current policy is fairly broad and does not address issues such as: caterers, home made food, use of kitchens and use of support equipment. Staff feels that these issues should be addressed and clarified based on the types of supporting facilities that are available at each of the facilities. The Parks, Recreation and Natural Resources Commission will review this policy on March 3. Background At the February 12, 2008 City Council meeting, council members requested staff to clarify the policy for types of food and food service methods at the Eden Prairie Community Center (EPCC). Staff has prepared a Request for Proposal (RFP) to solicit licensed caterers to provide catered food options for events such as wedding receptions, banquets and business meetings. There are many benefits to having contracts with several pre-approved caterers. The benefits include: improved customer service, responsibility and increased care for the facility and future business, financial benefits to the EPCC, etc. However, staff recognizes that there will be types of uses such as small birthday parties that do not wish to use a caterer or that are not to a level or size that would require catering. It is expected that these events may want to provide small items such as cake, cookies, coffee or juice. The policy entitled Guidelines for Community Use of Parks and Recreation Facilities; Section XIII, Food Services currently defines the ability to provide food service at all park locations,but is not specific to the EPCC. In order to insure compliance with health department policies and to follow best health and food preparation practices, staff has reviewed this proposed policy with Hennepin County Health officials and has received a favorable evaluation. Staff also surveyed other communities to gain a better understanding of their policies and procedures (see attached grid). Amend Guidelines for Community Use of Parks and Recreation Rental Facilities —Relating to Food Service March 4, 2008 Page 2 From a practical standpoint, the proposed clarified policy would permit events and activities such as: A large family picnic at Riley Lake Park Pavilion The organizers of the family picnic could bring a grill to the park to serve hot dogs and hamburgers. They could also have large coolers with pop, water, cans of beer and plastic bottles of wine coolers. Each of the guests could bring a salad or dessert item that they either made at home or bought at a deli on the way. A child's birthday party at the Homeward Hills Barn Parents could bring in a crock pot of homemade sloppy joes, cake, ice cream and punch or use a caterer to make things easier. A bridal shower at the Sr. Center A resident could host a bridal shower at the Sr. Center that included a pan of lasagna that needed to be heated in the sr. center oven. Guests could be provided with box wine and served homemade cake for dessert. A wedding reception at the Community Center A party of 80 people could rent the Cambria room on a Saturday night. They would work with one of the pre-approved caterer's of their choice to determine the level and type of food and beverages. If they wanted to provide alcohol, the caterer would provide this along with a police officer paid for by the private party to insure appropriate distribution and crowd control. A child's birthday party at the Community Center The community center has a package that provides room rental, a games leader,punch, cake and access to areas such as the indoor play structure, gym, ice skating and swimming. The parents bring the kids and the community center staff does the work and the clean-up. Or, the parents stop by the local grocery store and purchase cup cakes,juice and ice cream and then rent the room and pay for the other types of activities. In order for the EPCC concession stand to maintain health code, no utensils or support products would be able to be used by outside groups. Parents would need to bring all forks,knives, plates, cups, etc. Lion's Club Schooner Days or Hockey Association Fundraiser The Lion's Club puts on the Schooner Day's event on the newly constructed pad that is adjacent to the Community Center parking lot. The club obtains a permit(s) of their own to serve/sell food and beverages. They receive additional authorization from the City of Eden Prairie to sell the food and beverages as a part of a fundraiser. Amend Guidelines for Community Use of Parks and Recreation Rental Facilities —Relating to Food Service March 4, 2008 Page 3 Current Section XIII. XIII. Food Service Food and beverages are permitted at all locations. Catering services are permitted at all locations. Outdoor grills are available at some park locations, charcoal is not provided. Charcoal grills or gas grills may be brought into the park and used in a safe manner. All charcoal must be removed from the park; safe charcoal disposal sites are not available at the parks. Propane tanks or cylinders shall not be disposed of on Park/City property. Food or beverages may not be sold without permission from City staff. For sale of food, the Hennepin County Health Department will require a food service permit. No food may be left behind at the facility. Groups must provide their own kitchen supplies (towels,paper products, utensils, etc.) and condiments. Where available, kitchens may not be used for commercial use (fundraising). Dishes may be used at the Senior Center, but must be washed and put away. Proposed Amended Section XIII. XIII. Food Services Food or beverages may not be sold without permission from City staff. For sale of food, the Hennepin County Health Department will require a food service permit. No food or beverage may be left behind at any facility. Where available, kitchens may not be used for commercial use (fundraising). 1. Parks, Shelters, Rented Activity Buildings Food and beverages (alcoholic included) are permitted at all locations. Catering services are permitted at all locations. Amend Guidelines for Community Use of Parks and Recreation Rental Facilities —Relating to Food Service March 4, 2008 Page 4 Outdoor grills are available at some park locations, charcoal is not provided. Charcoal grills or gas grills may be brought into the park and used in a safe manner. All charcoal must be removed from the park; safe charcoal disposal sites are not available at the parks. Propane tanks or cylinders shall not be disposed of on Park/City property. Groups must provide their own kitchen supplies (towels,paper products, utensils, etc.) and condiments. 2. Senior Center Food and beverages (alcoholic included) are permitted. Heating of pre-prepared food is permitted in the provided oven. Groups must provide their own kitchen supplies (towels,paper products, utensils, etc.) and condiments. 3. Community Center(EPCC) All meals, food and beverages for events and banquets must be contracted through an EPCC pre-approved caterer or through the EPCC concessions. Small birthday parties (30 people or less), or other similar gathering, with permission of the Community Center Manager, will be permitted to provide prepackaged or commercially prepared food. Attachments Community Comparison Grid Policy—Guidelines for Community Use of Parks and Recreation Rental Facilities Community Comparision Caterers / Outside Food Policies # of Outside Food / Caterers Pre-packaged Food Eagan 3 No outside food/beverages. Group food packages offered through concession stand. Group of 25 or less may bring in pre-packaged Plymouth 3 ready to serve food/beverages pending facility staff approval. Chaska 0 Groups allowed to bring in their own food. Brooklyn Park 1 All food must be commercially prepared and/or prepacked. Bloomington (Creekside) 0 All food must be commercially prepared and/or prepacked. Edina (Edinborough) 4 No outside food. Approved by Eden Prairie City Council on September 19, 2006 Re-Adopted by Eden Prairie City Council on February 12, 2008 Re-Adopted by Eden Prairie City Council on March 4, 2008 POLICY GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES City facilities are operated by the City of Eden Prairie under the following policies and guidelines adopted by the Eden Prairie City Council on September 19, 2006. The Council recognizes the value of these facilities being available to serve Eden Prairie residents, civic and religious groups, and businesses. PURPOSE AND INTENT The intent of this policy is to promote regular and active use of the facilities. It outlines scheduling procedures, rental classification, charges, and sets rules and regulations for use of the facilities. Charges and/or user fees are based on staffing, set-up, and maintenance costs, as well as market rates for similar facilities. The City of Eden Prairie does not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability in the admission or access to programs, services, activities, or employment. I. Rental Classifications Group 1: Any activity related to the operations of Eden Prairie's City government including, but not limited to, City Council, board and commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state representatives. Group 2: Public agencies, School District 272, civic organizations, PROP, SW Metro Transit, non-profit professional groups with City representation, Eden Prairie based groups (user group that has its headquarters in the City of Eden Prairie, or has at least 75% of its membership roster residing in Eden Prairie) which contribute to the well being and betterment of the community, and those businesses currently working with City projects. Group 3: Eden Prairie residents, Eden Prairie businesses, and persons who work at an Eden Prairie business. (Documented proof may be requested) Group 4: Non-resident individuals, groups, commercial, non-profit, and business organizations. (Limited to rentals at Eden Prairie Community Center) Policy— Community Use of Parks & Recreation Rental Facilities Page 2 of 13 II. Rental Facilities Park Pavilions & Buildings - Round Lake Park Pavilion, Homeward Hills Park Barn*, Round Lake Park Building*, Staring Lake Park Building*, Miller Park Building*, Crestwood Park Building*, Nesbitt-Preserve Park Building*, Riley Lake Pavilion, Riley-Jacques Barn, and Purgatory Creek Park. Warming Houses - Park buildings* located throughout the City and used for ice skating and sledding activities from December 15 through March 1, include the warming houses at Forest Hills, Prairie View, and Edenvale parks. * Denotes facilities utilized as warming houses. Amphitheatre - located at Staring Lake Park Outdoor Center- located at Staring Lake Park Community Center - ice arenas, racquetball courts, swimming pool, and meeting rooms Senior Center- community room and meeting rooms Outdoor Athletic Facilities - volleyball courts, basketball courts, softball/baseball fields, soccer/football/lacrosse fields, tennis courts. These park amenities are available on a first-come, first-serve basis, unless they are being used for a City program or have been reserved. Outdoor athletic facilities are available for rent along with a park pavilion/building rental, for a fee. See the separate document "Guidelines for Priority Use of Public Facilities" for rental details. Trail System - for walks and/or runs. Rental of a park building or pavilion is required to hold a walk and/or run. Walks and/or runs beyond the park property will require approval from other departments. Walks and/or runs do not have exclusive use of trails or streets, unless required for safety purposes. In cases of exclusive use, signage and/or additional staff/volunteers may be required, in the discretion of the Parks and Recreation Director. III. Hours of Operation City park hours are 6 a.m. to 10 p.m., daily. Rental use beyond these hours requires the approval of the Parks and Recreation Director. The Community Center is open from 6 a.m. to 10 p.m., daily. The Senior Center business hours are from 8:30 a.m. to 4 p.m., Monday through Friday. The Senior Center is reserved for Senior and City program use during this Policy—Community Use of Parks & Recreation Rental Facilities Page 3 of 13 time. The Senior Center may be available for rent, for other uses, on weekday evenings and weekends. Warming houses are available for rent during non-public ice skating/sledding hours only,unless using upper level of Homeward Hills Park Barn. IV. General Information Rental of a facility does not allow for exclusive access of other park amenities (ballfields,tennis courts, playground,public bathrooms, etc.). Group 1 meetings, events, and activities have priority. Rental scheduling for Groups 2, 3, and 4 will be on a first-come, first-serve basis; with special reservation guidelines pertaining to walks and/or runs. Group 4 may rent at the Community Center only. No person who has not attained the age of 21 years shall be allowed to rent a facility. A minimum notice of 3 business days is required for rental of a facility. Senior Center reservations require advance notice of 7 days. User groups are not allowed to reserve City facilities on a continuing basis (i.e. daily, weekly, monthly) without the approval of the Director of Parks and Recreation. The City reserves the right to restrict the number of dates an individual or group may reserve. This is to ensure the availability of facilities to all user groups. If deemed necessary, the City reserves the right to substitute a meeting room or facility other than that stated or requested, in order to minimize conflicts of compatibility, space, and scheduling. Rental hours shall be calculated from the time the renter enters the space until the time of departure. User groups must adhere to the hours requested and approved on the facility use contract. At some locations, a half-day rental fee versus a full-day rental fee shall be determined by City staff, and not by the number of hours renting a facility. A half- day rental fee will be applied if it is reasonable, in the Parks and Recreation Director's discretion, to assume the facility will be available for rental by another renter for the remainder of the day. Groups renting facilities shall comply with the Equal Opportunity Statutes, and not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability. Policy— Community Use of Parks & Recreation Rental Facilities Page 4 of 13 V. Scheduling 1. Pavilions, Buildings, and Amphitheatre Groups or individuals desiring to use a park pavilion/building shall make arrangements through the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to use the facility. 2. Warming House Some park facilities are used as warming houses from December 15 through March 1. They are not available for rental use during public ice skating/sledding hours, except for the upper level of Homeward Hills. Groups or individuals desiring to use a Warming House shall make arrangements through the Youth and Family Recreation Coordinator. 3. Riley-Jacques Barn Groups or individuals desiring to use the Riley-Jacques Barn shall make arrangements through the Park Facility Scheduler. The Riley-Jacques Barn is available for rental use from the first day of May through the end of October. It may be scheduled for rental on the first business day according to the following time table: Reservations Accepted Months Available First Business Day of March May -August First Business Day of June September- October 4. Outdoor Center Groups or individuals desiring to use the Outdoor Center for nature programs shall make arrangements through the Outdoor Center naturalist. The Outdoor Center may be scheduled for rental according to the following time table: Reservations Accepted Months Available First Business Day of December January - March First Business Day of February April -May First Business Day of March June -August First Business Day of August September- December Policy—Community Use of Parks & Recreation Rental Facilities Page 5 of 13 5. Community Center Groups or individuals desiring to use the Community Center shall make arrangements through the Community Center staff. 6. Senior Center Groups or individuals desiring to use the Senior Center shall make arrangements through the Senior Center staff. Senior Center reservations require a one week advance notice. The Senior Center may be scheduled on the first business day according to the following time table. Reservations Accepted Months Available December 1 January -March February 1 April - May March 1 June -August August 1 September- December 7. Outdoor Athletic Facilities Groups or individuals desiring to use an outdoor athletic facility shall make arrangements through the Athletic Facility Scheduler. See the separate document "Guidelines for Priority Use of Public Facilities" for rental details. 8. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 3 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 2, and 3 will be limited to two per month, per park area. If the event uses multiple sites or a major portion of any roadway, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Parks and Recreation Department prior to publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. Policy— Community Use of Parks & Recreation Rental Facilities Page 6 of 13 VI. Rental Fee The rental fee is required for all chargeable rentals and must be paid within two weeks of the reservation call and before the rental date. Reservations are confirmed only when full payment is made. VII. Damage Deposit A $200 damage deposit, in addition to the rental fee, shall be made by Group 3 and Group 4. The deposit check is required at the same time the rental fee check is submitted. This deposit check shall be returned within one (1) week after the rental date if no deductions are necessary. No damage deposit is required for approved reoccurring rentals. Failure to comply with this Policy may result in loss of damage deposit. VIII. Special User Fee In some instances, a special user fee may be required. This fee will be applied to cover unusual anticipated expenses, such as excessive clean-up, unusual set-up, excess electricity, and/or damages associated with the user's program, event, general use or decorations. The special user fee must be paid at the time the rental fee payment is made and will be held until it is determined by the City if any or all of the fee was required. Any remaining balance will be returned to the renter. There may be a special user fee for large events requiring a special event checklist or rentals requiring additional portable toilets or additional police or security measures. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special user fee is applied to groups with specialized equipment or activities such as dunk tanks, inflatables, moon walks, etc. User groups will be required to pay a special user fee when they provide amplified sound. User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user group's sound system. The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. User groups must receive prior approval from the Director of Parks and Recreation for additional electrical use, additional lighting, etc. An additional fee may be associated with these requested facility use items. Policy— Community Use of Parks & Recreation Rental Facilities Page 7 of 13 IX. Special Event Checklist Any event or activity that may require the assistance of more than one City department or may extend beyond the park boundaries is required to complete a Special Event Checklist with the Licensing Clerk at the Eden Prairie Police Department. Special event authorization will only be approved if proper accommodations can be made (i.e. additional parking, transportation to the site, additional toilets, additional police officers or security measures). A special user fee may apply. Renter may be required to apply for permits through the Eden Prairie Police Department. X. Cancellation Policy The City reserves the right to cancel any reservation. In case of cancellation by the City, reservation fees will be returned accordingly. The rental fee is refundable if cancellation notice is received no less than 10 days prior to the date of the scheduled event. Community Center room rental cancellations require advance notice of one business day. XI. Liability and Damage All rental groups using facilities will be required to sign a waiver of liability on the contract form. A Certificate of Insurance is required to cover the use of specialized equipment, walks/runs, or special events open to the public. The City will not assume liability for loss or damage to property belonging to an organization or group. Any organization, group, or individual reserving space shall be fully responsible for any damage to that space or equipment and any unlawful acts associated with the user's program or event. Any damages to facilities or equipment must be reported immediately. Costs associated with the damage will be deducted from the damage deposit; additional charges may apply. The City reserves the right to cancel future reservations. Policy— Community Use of Parks & Recreation Rental Facilities Page 8 of 13 XII. Regulations Violations of this Policy may result in forfeiture of a user's damage deposit and denial of future use of City facilities; however, that does not exempt violators from possible prosecution under applicable City ordinances, State, or Federal laws. City facilities and parks are smoke free. Use of tobacco products is prohibited as stated in City Ordinance 9.42. The City reserves the right to terminate a rental contract for City code violations. Meetings and activities must be confined to the area(s) reserved. Other meetings and activities may take place at the same time in other rooms. Groups are reminded to have respect for each other's space. Disorderly conduct shall be grounds for immediate termination of the activity/event without refund. This will be determined by City staff or a police officer. 1. Supervision Youth using facilities must be under competent adult (minimum age of 21 years old) leadership and supervision. The renter shall assume full responsibility for the group's conduct and/or the conduct of any member or guest of the group, and for any damage to the facilities, buildings, or equipment. Children must be kept confined to the reserved area of the user group. The City will not assume liability for unsupervised children. The City will be reimbursed by user/renter/group for any costs incurred due to damages or additional cleaning. Youth groups shall be chaperoned on a ratio of one adult (minimum age of 21 years old) for each ten (10) or fewer youth under the age of 18. The number of youth attending and the names of the chaperones may be requested by the staff If the general public is invited, City staff shall determine the number of chaperones needed. If deemed necessary due to the type of function or activity, the City reserves the right to assign an attendant and/or police officer for a user group. The cost of such will be paid by the user group. A building attendant is required to be on site at all times for community use of the Senior Center. The building attendant will assist with set up and take down as required, and perform general clean up as needed. A building attendant is required to be on site for warming house rentals. At all park pavilion/building locations, a building aide will meet the renter at the specified rental beginning time and will come back at the specified Policy— Community Use of Parks & Recreation Rental Facilities Page 9 of 13 ending rental time. The renter is responsible for the rental facility during this rental time, and shall be on-site during this rental time. Enclosed buildings will be unlocked at the beginning rental time and locked at the ending rental time. The renter shall not leave the building unattended during the rental time. 2. Cleaning Rented space and common areas must be left in the same or better state of cleanliness as when renter arrived. Building Aide/Park Attendant shall determine the appropriate level of cleanliness. If additional staff time, beyond that necessary for normal cleaning is required to clean the facility, an additional charge for personnel and cleaning supplies will be deducted from the damage deposit. User groups are responsible for the basic clean up and bagging of trash. All chairs or tables used must be taken down and put away. 3. Parking Parking is available in designated parking areas. Groups that underestimate their number of guests may not have adequate parking. No parking on grass. No driving on trails or plaza. 4. Admission Fee User groups are not allowed to charge an admission fee without the consent of the City Council. See Section XV, of this Policy. 5. Specialized Equipment or Activities Cooking devices suitable for pig roasts are allowed but must remain in the parking lot or designated area. Dunk tanks, moon walks, etc. are allowed at designated areas. A Certificate of Insurance is required. A special user fee is required. Hayrides or sleigh rides are not permitted by rental groups 2, 3, and 4. 6. Animals Rental groups 2, 3, and 4 are not permitted to have non-domesticated animals, including, but not limited to horses, on City property. Policy—Community Use of Parks & Recreation Rental Facilities Page 10 of 13 7. Fireworks/Open Fires Rental groups 2, 3, and 4 are not permitted to have fire works. Rental groups 2, 3, 4 are not permitted to have fires, fire in fire pits, or any open flame. XIII. Food Service Food or beverages may not be sold without permission from City staff. For sale of food,the Hennepin County Health Department will require a food service permit. No food or beverage may be left behind at any facility. Where available, kitchens may not be used for commercial use (fundraising). 1. Parks, Shelters, Rented Activity Buildings Food and beverages (alcoholic included) are permitted at all locations. Catering services are permitted at all locations. Outdoor grills are available at some park locations, charcoal is not provided. Charcoal grills or gas grills may be brought into the park and used in a safe manner. All charcoal must be removed from the park; safe charcoal disposal sites are not available at the parks. Propane tanks or cylinders shall not be disposed of on Park/City property. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. 2. Senior Center Food and beverages (alcoholic included) are permitted. Heating of pre-prepared food is permitted in the provided oven. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. 3. Community Center(EPCC) All meals, food and beverages for events and banquets must be contracted through an EPCC pre-approved caterer or through the EPCC concessions. Policy— Community Use of Parks & Recreation Rental Facilities Page 11 of 13 Small birthday parties (30 people or less), or other similar gathering, with permission of the Community Center Manager, will be permitted to provide prepackaged or commercially prepared food. XIV. Alcoholic Beverages Alcoholic beverages are permitted at City facilities, EXCEPT at Eden Prairie City property adjacent to a school (with the exception of the Eden Prairie Community Center when served by a licensed vendor), Flying Cloud Fields, and Round Lake fields north of Valley View Road. Alcoholic beverages may be given by a host to the host's guests at a social event, provided that the host may not sell or engage in a sale of such beverages to the guests without proper liquor licensing. No glass containers permitted within an outdoor park. Prior notice to, and approval of, the Parks and Recreation Director are required of any group/or user intending to have a keg or kegs of beer on site. Alcoholic beverages may be dispensed to persons attending a convention, banquet, conference, meeting or social affair, by the holder of a retail, on-sale intoxicating liquor license issued by the City of Eden Prairie or an adjacent municipality who has been engaged to dispense intoxicating liquor, at an event held by a person or organization. Alcoholic beverages may be dispensed by an organization which holds an intoxicating on-sale license for the on-sale intoxicating liquor to members and bona fide guests. XV. Fundraising Groups 1, 2, and 3 may conduct fundraising activities at City facilities. Fundraising activities include, but are not limited to: selling articles on-site, advanced ticket sales, walks and/or runs or any other means of collecting monies for a particular purpose or group. The City will allow City facilities to be used for limited fundraising activities to support Eden Prairie based organizations with pre-approval by the Director of Parks and Recreation. At the discretion of the City, any group conducting a fundraiser will be charged a pre-determined fee by the City to cover costs of set-up, maintenance, cleaning and security of the areas utilized for the event. Policy—Community Use of Parks & Recreation Rental Facilities Page 12 of 13 1. Charitable Gambling Activities Renters conducting activities involving licensed charitable gambling (not a licensed gaming company) must provide proof of compliance with State gaming requirements and receive City Council approval. Requests must come before the City Council through the Parks and Recreation Department at least 45 days prior to the event date. 2. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 3 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 2, and 3 will be limited to two per month, per park area. If the event uses multiple sites or a major portion of any roadway, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Parks and Recreation Department prior to publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. Rental of the park building or pavilion is required to hold a walk and/or run. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special event checklist will need to be completed with the licensing clerk at the Eden Prairie Police Department. XVI. Decorations Failure to comply with decoration policy may result in loss of damage deposit. A decoration plan and installation methods must be pre-approved by City staff The City reserves the right to remove all decorations which do not meet a pre- approved plan. All decorating time must be included in the rental hours. No double-sided tape or Scotch tape shall be used in decorating. Use poster putty, removable blue painters tape or removable poster tape only on flat painted walls or tables.No tape shall be used on the ceiling. Policy— Community Use of Parks & Recreation Rental Facilities Page 13 of 13 No nails shall be used in decorating. No staples or tacks on flat painted walls or tables shall be used in decorating. No lit candles or open flame shall be used in decorating. No banners, streamers, balloons or signs may be attached to any facility structure or landscaping without prior approval by City staff. Any pre-approved attachments must be removed by the group using the facility immediately after the reservation period. No rice, confetti, or birdseed shall be used in activities or decorating. XVII. Tents and other Props Tents or other structures with stakes, tarps, or any part or portion thereof attached to the facility are prohibited. Free-standing canopy tents are permitted and may be secured with sandbags or weights. Any tables, chairs, dance floor, staging, free standing canopy tents or other props brought in from other sources will not be stored in City facilities, and shall be brought in only during rental hours; and must be removed from the facility at the end of the rental time. XVIII.Amplified Sound Sound Technician The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. The City's Sound Technician shall have complete supervisory control over the operation of the facility. Arrangements for Equipment set up and take down must by made with this person. Access to the stage is for loading and unloading purposes only. The Sound Technician will determine what vehicles will have access to the stage for loading and unloading of equipment, etc. User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user groups sound system. User groups using a sound amplification system will be required to have the sound monitored. The noise level will be monitored and controlled by the City staff equipped with a decibel level meter. The noise level will not be allowed above 70 decibels 100 feet from the source. Failure to comply with this restriction will result in loss of damage deposit and may result in suspension of electrical power. G:\Parks and Recreation\Recreation\Shelter Reservations\POLICY-Community Use of P&R Rental Facilities.doc CITY COUNCIL AGENDA DATE: SECTION: Reports of the Director of Public Works March 4, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XV.E.1. Eugene A. Dietz Public Works Fee Amendments Public Works Requested Action Move to: No action is requested. This item is for discussion purposes of proposed fee amendments in advance of a public hearing scheduled for March 18, 2008. Synopsis A number of items emerged in 2007 that resulted in this proposal to amend a number of City fees — discussion with the BAC regarding utility sustainability, a dry spring and early summer resulting in an unusually high number of lawn irrigation violations and the request by the Riley- Purgatory Bluff Creek Watershed District to transfer Local Government Unit(LGU) status to the City. The purpose of this agenda item is to brief the Council on the proposed fee amendments in preparation of finalizing the request for a public hearing scheduled for March 18, 2008. Background Information FEES FOR WATER During last summer's enforcement actions, we discovered an inequity in our fee structure— commercial and industrial accounts do not pay a $1 surcharge for irrigation water, as do our residential customers. We also found some confusion in distinguishing between a "violation surcharge" and a "use surcharge". Finally, the provision for exemptions and a cap from a use surcharge standpoint is proposed to be eliminated. Staff is therefore recommending the following changes: • Due to the confusion of the various surcharge nomenclature, we are changing the verbiage of "violation surcharge" to "non-compliance fee" and the additional $1 per thousand gallons will continue as a"use surcharge". • Commercial and industrial accounts generally have special irrigation meters, since they pay sewer use based on actual water use. It is proposed that all irrigation meters be billed at the use surcharge rate of $2.65 for 2008 ($1.65 per thousand gallons plus $1 surcharge.) • We are proposing to move our customers towards monthly billings. As a first step, it is proposed that the commercial and industrial (C & I) accounts move to monthly billing in spring, 2008. We would consider residential monthly billings for the first quarter 2009. • For the C & I accounts, the miscellaneous quarterly charge of$12.50 would convert to $5 per month. This modest increase is the first one since the inception of the miscellaneous charge in the 70's. • It is proposed to correct the fee resolution to reflect that the method to increase re- occurring violation fees is for a three-year running timeframe. This was the original plan, but the fee resolution was inadvertently written as a two-year running timeframe. • It is proposed that the artificial cap of $100 for use surcharge be eliminated. In 2007, 43% of our customers received a use surcharge. Of those surcharges, only 6.3% reached a $100 cap. We discovered that one individual home owner used 590,000 gallons of water during one quarter last year. The use surcharge of $1 per thousand gallons was capped at $100, but if no cap had been in place, the resident would have paid a $554 surcharge. Staff recommends that customers pay for this type of flagrant use. • Staff proposes to eliminate exemptions from the use surcharge. There is no Ordinance or Code provision for this,but staff has exempted new lawn installations in conjunction with new home construction in the past. However, it is appropriate that our customers pay the full cost of lawn irrigation. We will still continue to provide the 30-day odd/even exemption, but we hope that paying full price will create a conscious decision-making process on the proper amount of water that is needed to start a new lawn. • The utility bill currently has a "Miscellaneous Charge" line item. This miscellaneous charge is the source of funding for our capital projects for sewer and water. A more descriptive phrase to be called"repair/expansion project fund"will replace that verbiage. • Staff is creating a new hotline for watering violations that will require leaving a message but enable multiple staff to access the comments for appropriate action. We discovered last year that calls being directed only to the Environmental Coordinator created a huge backup with untimely response. STORM WATER UTILITY FEES During discussions with the Budget Advisory Committee (BAC) we acknowledged that we have not increased storm water rates since the inception of the program in 1996. The BAC encouraged staff to evaluate our rate structure and capital demand and make appropriate adjustments. Attached is a preliminary copy of a revised storm water utility fee budget, which includes a preliminary list of capital projects that are currently unfunded. Staff proposes: • Storm water utility fees would increase from $3 per quarter to $4 per quarter for single family residential properties. • The Ordinance establishing the determination of storm water utility fees is based on single-family development as being equal to "one". All other rates would increase by 33% as well. • Commercial and industrial customers going to monthly billings will have their quarterly billing rates divided by three. • The income derived from these fees will increase from approximately $650,000 per year to approximately $860,000 per year. • There is currently a fund balance in the storm water utility area of$1.034 million, but that surplus would be exhausted by 2010 at the spending rate shown in the attached budget, even without blending in the $3.5 million of possible capital projects. LGU FEES With the transfer of LGU status of the Riley-Purgatory Bluff Creek Watershed District through the City, a series of fees and updates are being established to offset costs incurred with this new responsibility. In summary, these are: • A new LGU review fee based on $80 per hour for staff time. Actual costs for consultants would also be utilized. • LGU deposit for a single-family residential property of$160. • LGU deposit for a site review for Wetland Conservation Act evaluations of$1,000. • LGU deposit for a plan review for projects that include a proposal for wetland impacts of $3,500. • Review fees are not refundable,but the balance of any deposits would be refunded. Attachments • Draft Stormwater Utility Fee Budget DRAFT -7201 -Stormwater Utility Fee Budget EXPENSE WATERSHED/COST SHARE PRIORITY 2008 2009 2010 2011 COMMENTS OPPORTUNITIES Monitoring/Management/Repair Projects -Bearpath Bog Monitoring Program High $10,000 $2,500 $0 $0 USACOE to be contacted for discontinuing monitoring after 2008 -Cooperative Road and Drainage Projects Medium $50,000 $50,000 $50,000 $50,000 -Volume control and streambank stabilization projects LMRWD Medium $100,000 $250,000 $350,000 $350,000 NPDES/Nondegradation work -Erosion&Streambank Stability Feasiblity Assessments or studies LMRWD High $75,000 $50,000 $50,000 $50,000 -Erosion&Streambank Stability Feasiblity Assessments for Lower Riley Creek(H2/H3) RPBCWD High $35,000 $0 $0 $0 For the area south of Prospect Road -Streambank Stability Monitoring/Erosion Assessment High $5,000 $5,000 $5,000 $5,000 Starting with key areas in Lower Riley Creek/will include some intern time -Purgatory Creek Prioritization Planning(streambank stabilization) Medium $10,000 $0 $0 $0 Will use the data collected for the Nondegradation Plan to prioritize work needs -TMDL Assessments MPCA High $50,000 $50,000 $50,000 $50,000 Starting with Lower Riley Creek -Erosion Control Monitoring High $7,500 $7,500 $7,500 $7,500 -Evaluation of ponds for storage capacity(NPDES) High $25,000 $25,000 $25,000 $25,000 Would cover approximately 50 to 75 ponds per year -General stormwater pond repair and maintenance High $50,000 $75,000 $250,000 $350,000 -General water quality/invasive species surveys High $10,000 $15,000 $15,000 $15,000 -Stormwater Retrofit/Low Impact Development Demonstration Projects NMCWD Medium $0 $25,000 $25,000 $5,000 In NMCWD Plan -Stormwater Structure Inspection&Maintenance High $40,000 $45,000 $50,000 $50,000 -Street Sweeping High $75,000 $75,000 $75,000 $75,000 -Topographic mapping Medium $75,000 $0 $0 $0 -Lower Riley Creek Water Quality Monitoring Station Met Council High $10,000 $10,000 $10,000 $10,000 Met Council provides and additional$4,000 per year -Wetland Bank Management,Maintenance and Monitoring High $25,000 $25,000 $25,000 $25,000 City wetland mitigation site monitoring,maintenance and repairs -Dunn Brothers Rain Garden Improvement and Maintenance Project RPBCWD Medium $3,000 $500 $500 $500 -Water Treatment Plant Garden&Signage Repair Medium $6,500 $0 $0 $0 Use Attainability Analysis/Watershed District Projects -Anderson Lakes-Stormwater Pond Repair/Easement Acquisition NMCWD Medium $1,000 $100,000 $20,000 $0 -Anderson Lakes-UAA Assistance NMCWD High $1,500 $1,500 $1,500 $1,500 -Birch Island Woods-UAA Assistance NMCWD Low $1,000 $1,000 $1,000 $1,000 -Bryant Lake-Easement Acquisition/UAA Assistance NMCWD High $2,500 $75,000 $1,000 $1,000 Includes easement acquisition for Cardinal Creek area -Duck Lake-Accessibility improvements,habitat analysis,etc. RPBCWD Low $5,000 $5,000 $5,000 $5,000 Access repairs,fishery analysis,habitat analsis,etc.as needed -Eden Lake-Outlet Structure Improvements Medium $40,000 $50,000 $10,000 $0 Surface water overflow -Mitchell Lake-Habitat Analysis/Stormwater Pond Improvements/UAA Assistance RPBCWD Medium $1,000 $1,000 $1,000 $1,000 -Neill Lake-Dike Study(Embankment Survey,Vane sheer soil strength test,etc.) Medium $35,000 $0 $0 $0 -Neill Lake-Easement Acquisition,Construction&Repair Medium $0 $125,000 $25,000 $0 -Red Rock Lake-Dredging Project High $0 $25,000 $10,000 $0 -Red Rock Lake-UAA Work RPBCWD High $2,500 $2,500 $2,500 $2,500 -Riley/Rice Lake-UAA Work RPBCWD Medium $1,000 $1,000 $1,000 $1,000 -Round Lake-UAA Work RPBCWD High $15,000 $5,000 $5,000 $5,000 -Staring Lake-UAA Work Medium $2,500 $5,000 $2,500 $2,500 Education-Stormwater Pollution Prevention Plan Elements(NPDES) -Citizen Assisted Monitoring Program(CAMP) City of Chanhassen Low $750 $1,500 $1,500 $2,000 -Public Education and Outreach High $5,000 $5,000 $10,000 $10,000 NPDES Education beyond individual projects -Shoreland Restoration/Native Landscaping Grants Medium $2,000 $2,500 $2,500 $2,500 -Storm Drain Marking Medium $500 $500 $500 $500 -Let's Keep It Clean Media Program Medium $3,500 $3,500 $3,500 $3,500 -Minnesota Cities Stormwater Coalition Membership High $3,500 $3,500 $3,500 $3,500 -Wetland Health Evaluation Program(WHEP) High $5,000 $5,000 $5,000 $5,000 Water Quality Management Programs -FEMA Evaluation LMRWD Low $7,500 $2,500 $0 $0 -Goose Control Medium $20,000 $25,000 $25,000 $25,000 -Groundwater protection plan implementation in relation to stormwater impacts to High $2,000 $10,000 $10,000 $10,000 Share with wellhead protection budget -Invasive Species Control(i.e.purple loosestife,etc.) High $5,000 $5,000 $5,000 $5,000 -Rate Control and Infiltration Ordinance Development High $5,000 $2,500 $0 $0 NPDES/Nondegradation Requirements -Water Body Inventory and Plan Updates High $5,000 $5,000 $5,000 $5,000 -Weed Harvesting Medium $10,000 $10,000 $10,000 $10,000 -Wetland Conservation Act(WCA)Administration High $10,000 $10,000 $15,000 $15,000 Consulting Fees and Miscellaneous Staff Time -Stormwater Utility Rate Assessment High $5,000 $0 $0 $0 -NPDES Program Oversight High $15,000 $15,000 $15,000 $15,000 -GPS Equipment Upgrades/Replacement Medium $1,000 $1,000 $25,000 $1,000 General Planning -Local Water Management Plan Update Medium $10,000 $15,000 $0 $0 To meet updated Watershed District requirements -Stormwater Pollution Prevention Plan Updates Medium $2,500 $2,500 $2,500 $2,500 -Nondegradation Plan Updates High $10,000 $10,000 $10,000 $10,000 TOTALS $898,250 $1,242,500 $1,222,500 $1,214,000 Project Needs not Budgeted: Pioneer Trail/Hennepin County Project $880,000 Red Rock Lake Water Quality Improvement Project $525,000 Staring Lake-Complete Lake Assessment(UAA) $35,000 Staring Lake-Water Quality Improvement Project $350,000 Purgatory Creek-Feasiblity Studies(2 or 3 sites) $70,000 Purgatory Creek-Creek Bank Stabilization Projects(2 or 3 sites) $250,000 Nine Mile Creek TMDL Projects(Chloride/Fish IBI) $100,000 Lower Riley Creek-Reach H2/H3 Stabilization Project $300,000 Lower Riley Creek-Reach E1/E2/E3 Stabilization Project $375,000 Lower Riley Creek-Reach H4/H5/H6 Stabilization Project $150,000 Lower Riley Creek-Reach E7/ES/E9 Stabilization Project $25,000 Duck Lake-Water Quality Improvement Project $400,000 Proposed an additional$300,000 for a series of infiltration(such as rain gardens) TOTAL $3,460,000