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City Council - 09/02/2008
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 2, 2008 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. STORMWATER INFLOW AND INFILTRATION Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 2, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. PROCLAMATIONS/PRESENTATIONS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 19, 2008 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 19, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EXTENSION OF TIME TO REVIEW THE 2008 GUIDE PLAN UPDATE (Resolution requesting a six month extension of Comprehensive Review) C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH, INC., FOR DESIGN PHASE SERVICES FOR EDEN PRAIRIE ROAD, SOUTH OF RILEY CREEK, I.C. 015537 D. APPROVE VETERANS MEMORIAL GRANT AGREEMENT WITH THE STATE OF MINNESOTA E. APPROVE RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR SAFE & SOBER PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR SEH, INC., TO PERFORM THE THIRD PHASE OF THE ONGOING I & I ABATEMENT PROJECT CITY COUNCIL AGENDA September 2, 2008 Page 2 G. AWARD CONTRACT FOR EDEN PRAIRIE ART CENTER OUTSIDE SITE IMPROVEMENTS TO PARROTT CONTRACTING INC. H. AWARD CONTRACT FOR ART CENTER REMODELING TO DORAN CONSTRUCTION I. ADOPT RESOLUTION AUTHORIZING EXECUTION OF 2008 CDBG SUBRECIPIENT AGREEMENTS IX. PUBLIC HEARINGS/MEETINGS A. VERIZON WIRELESS TOWER RELOCATION-MINC RILEY LAKE Request for: Planned Unit District Review with waivers on 0.39 acres, and Site Plan Review on 0.39 acres. Location: 9100 Riley Lake Road. (Ordinance for PUD District Review with waivers) B. WINDSOR PLAZA REGISTERED LAND SURVEY Request for: Planned Unit District Review with waivers within the Commercial Regional Service District on 4.29 acres, and Registered Land Survey on 4.29 acres into 5 tracts. Location: West of Flying Cloud Drive, south of Singletree Lane, north of Regional Center Road. (Ordinance for PUD District Review with waivers; Resolution for Approval of RLS; Project Development Agreements; Quit Claim Deed) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Resolution certifying proposed 2009 property tax levy, accepting proposed 2009 budget, setting date(s) for Truth-in-Taxation hearing(s), and consenting and approving HRA tax levy C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Policy on Temporary Bagging of No Parking Signs 2. Policy on Temporary Stop Sign Control at Traffic Signal Systems Experiencing an Electrical Power Outage CITY COUNCIL AGENDA September 2, 2008 Page 3 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: August 29, 2008 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, September 2, 2008 TUESDAY, SEPTEMBER 2, 2008 7:00 PM, COUNCIL CHAMBER I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE (See instructions on dais.) III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting,typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. HRA MEETING I. ROLL CALL/ CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON JULY 15, 2008 MOTION: Move to approve the minutes of the HRA meeting held on July 15, 2008. III. RESOLUTION APPROVING THE PROPOSED 2009 HRA PROPERTY TAX LEVY OF $200,000 AND THE PROPOSED 2009 HRA BUDGET OF $200,000 Synopsis: Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is approximately$1.8 million. MOTION: Move to adopt the resolution to approve the proposed 2009 ANNOTATED AGENDA September 2, 2008 Page 2 property tax levy to be $200,000 and accept the proposed 2009 budget of $200,000. IV. RESOLUTION APPROVING WINDSOR PLAZA FIRST AMENDED DEVELOPMENT AGREEMENT RELATING TO TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT NO. 21 LOCATED WITHIN REDEVELOPMENT PROJECT AREA NO. 6. Synopsis: The Windsor Plaza Development Agreement relating to Town Center Phase One Tax Increment Financing District No. 21 located within Redevelopment Project Area No. 6 will be amended to include a revised legal description to the new Registered Land Survey (RLS). The developer seeks approval of a Registered Land Survey(RLS)to simplify the delineation of the retail, office, and restaurant components of the Windsor Plaza building, and allow for the allocation of taxes and assessments to each portion of the development in accordance with the various agreements by and between the applicant and the City. Individual parcels of an RLS are assigned letter designations and are identified by Tracts. An RLS also permits multilevel or vertical tracts. The proposed RLS will use multilevel tracts to define all portions of the multilevel building. As part of the approval of the RLS, the Agreement Regarding Special Assessments and the Assessment Agreement are being amended. The purpose of these amendments is to allocate the special assessments and the real property taxes to the individual tracts of the RLS. Approval of the RLS will not result in any changes to the Windsor Plaza project approved by the Planning Commission and City Council in 2007. The 120-Day Review Period Expires on November 9, 2008. MOTION: Move to adopt Resolution approving Windsor Plaza First Amended Development Agreement relating to Town Center Phase One Tax Increment Financing District No. 21 located within Redevelopment Project Area No. 6. IV. ADJOURNMENT MOTION: Move to adjourn the HRA. COUNCIL MEETING IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. ANNOTATED AGENDA September 2, 2008 Page 3 V. PROCLAMATIONS/PRESENTATIONS VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 19, 2008 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 19, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-I on the Consent Calendar. A. CLERK'S LICENSE LIST B. EXTENSION OF TIME TO REVIEW THE 2008 GUIDE PLAN UPDATE (Resolution requesting a six month extension of Comprehensive Review) C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH, INC., FOR DESIGN PHASE SERVICES FOR EDEN PRAIRIE ROAD, SOUTH OF RILEY CREEK, I.C. 015537 D. APPROVE VETERANS MEMORIAL GRANT AGREEMENT WITH THE STATE OF MINNESOTA E. APPROVE RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR SAFE & SOBER PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR SEH, INC., TO PERFORM THE THIRD PHASE OF THE ONGOING I & I ABATEMENT PROJECT G. AWARD CONTRACT FOR EDEN PRAIRIE ART CENTER SITE IMPROVEMENTS TO PARROTT CONTRACTING INC. H. AWARD CONTRACT FOR ART CENTER REMODELING TO DORAN CONSTRUCTION I. ADOPT RESOLUTION AUTHORIZING EXECUTION OF 2008 CDBG SUBRECIPIENT AGREEMENTS IX. PUBLIC HEARINGS/MEETINGS A. VERIZON WIRELESS TOWER RELOCATION-MINC RILEY LAKE Request for: Planned Unit District Review with waivers on 0.39 acres, and Site Plan Review on 0.39 acres. Location: 9100 Riley Lake Road. (Ordinance for PUD District Review with waivers) ANNOTATED AGENDA September 2, 2008 Page 4 Official notice of this public hearing was published in the August 21, 2008,Eden Prairie News and send to 81 property owners. Synopsis: This project is for the relocation of a proposed Verizon Wireless tower and ancillary structure to another site within the Riley Lake Park. The previous site was found to have deed restrictions which would not allow the tower. The Department of Natural Resources believes that the parcel of land currently being considered for the tower relocation is also subject to restrictions based on a previous grant. Until this is resolved between Verizon and the DNR, staff recommends to the City Council closing the public hearing and to table action on the ordinance and resolution. In January 2008, Verizon Wireless received City Council approval for constructing an accessory building related to its cellular tower proposed within Riley Lake Park. After approval it was discovered that a deed restriction on that portion of the property only permitted park related uses. The new site outside the legal description of the deed restricted property is approximately 280 feet northeast of the previous location. The Depaitiiient of Natural Resources believes that the parcel of land proposed for the tower location is subject to restrictions based on a previous grant. Although an inspection of the deed finds no restrictions currently in place, the DNR interprets a map of the park contained in a grant application as taking precedence. City of Eden Prairie staff has shared the grant applications with Verizon and their attorneys to assist them with their conversations with the DNR. If, the DNR continues to find that this parcel is part of the grant agreement, the project could continue with mitigation that is acceptable to the DNR. It is important that the City of Eden Prairie and Verizon remain in good standing with the DNR in order to avoid the potential for repayment of past grant funds and to remain eligible for future funds. The Site Plan Review is for the 240 sq. ft. accessory building associated with the tower. Since the cellular tower is not greater than 80 feet and the required setbacks from residential zoned property are met it is exempt from the requirements of a Site Plan Review. Two non-significant trees will be lost as part of the grading. PUD waivers are requested for 10-foot side and rear yard setbacks verses the required 30 feet. Meeting the code would result in additional tree loss and increased impervious surface area. Due to Parks, Recreation and Natural Resources Commission's previous approval of the tower and accessory building on park property no further action was necessary. The Heritage Preservation Commission endorsed the new location. The 120-Day Review Period Expires on November 19, 2008. The Planning Commission voted 5-0 to recommend approval of the project at the August 11, 2008 meeting. ANNOTATED AGENDA September 2, 2008 Page 5 MOTION: Move to: • Close the Public Hearing; and • Table action on the 1st Reading of the Ordinance for Planned Unit Development District Review with waivers in the Rural Zoning District on 0.39 acres, and the Resolution for Site Plan Review on 0.39 acres. B. WINDSOR PLAZA REGISTERED LAND SURVEY Request for: Planned Unit District Review with waivers within the Commercial Regional Service District on 4.29 acres, and Registered Land Survey on 4.29 acres into 5 tracts. Location: West of Flying Cloud Drive, south of Singletree Lane, north of Regional Center Road. (Ordinance for PUD District Review with waivers; Resolution for Approval of RLS; Project Development Agreements; Quit Claim Deed) Official notice of this public hearing was published in the August 21, 2008,Eden Prairie News and send to 21 property owners. Synopsis: This is for approval of a Registered Land Survey for Windsor Plaza The developer seeks approval of a Registered Land Survey(RLS)to simplify the delineation of the retail, office, and restaurant components of the Windsor Plaza building, and allow for the allocation of taxes and assessments to each portion of the development in accordance with the various agreements by and between the applicant and the City. Individual parcels of an RLS are assigned letter designations and are identified by Tracts. An RLS also permits multilevel or vertical tracts. The proposed RLS will use multilevel tracts to define all portions of the multilevel building. As part of the approval of the RLS, the Agreement Regarding Special Assessments and the Assessment Agreement are being amended. The purpose for these amendments is to allocate the special assessments and the real property taxes to the individual tracts of the RLS. In addition in December, 2007 the City vacated a small portion of Eden Road necessary for the Windsor Plaza project. As with the prior vacation of Eden Road it is necessary to tender a Quit Claim Deed to Windsor Plaza, LLC for the vacated right-of-way. Approval of the RLS will not result in any changes to the Windsor Plaza project approved by the Planning Commission and City Council in 2007. The 120-Day Review Period Expires on November 9, 2008. The Planning Commission voted 5-0 to recommend approval of the project at the August 11, 2008 meeting. ANNOTATED AGENDA September 2, 2008 Page 6 MOTION: Move to: • Close the Public Hearing; and • Approve 1st and 2" Reading of the Ordinance for Planned Unit Development District Review with waivers within the Commercial Regional Service Zoning District on 4.29 acres; and • Adopt the Resolution for Preliminary and Final Registered Land Survey on 4.29 acres into 5 tracts; and approve the Fourth Amendment to Development Agreement Windsor Plaza; First Amendment to Assessment Agreement; and Second Amendment to Agreement Regarding Special Assessments; and • Approve and authorize the Mayor and City Manager to executed and deliver a Quit Claim deed to Windsor Plaza, LLC for right-of-way of Eden Road vacated by Resolution 2008-48. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Resolution certifying proposed 2009 property tax levy, accepting proposed 2009 budget, setting date(s) for Truth-in-Taxation hearing(s), and consenting and approving HRA tax levy Synopsis: Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. The City must also set a date for the "Truth-in-Taxation" hearing and a date to reconvene it (if necessary). These dates may not conflict with the initial hearing dates set by Hennepin County, school districts, or the metropolitan taxing districts. Because they get to set their dates before we do, there are a very limited number of dates available. The dates of December 1 and ANNOTATED AGENDA September 2, 2008 Page 7 December 8 are the most feasible for us to be within the schedule established by the Minnesota Department of Revenue. The Council must adopt the final tax levy and budget by December 16. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Move to adopt the resolution that: • Certifies the proposed 2009 property tax levy to be $33,113,185; and • Sets the "Truth-in-Taxation" public hearing for Monday, December 1, 2008 and, if necessary, to reconvene the public hearing on Monday December 8, 2008; and • Accepts the proposed 2009 budget of $42,811,155; and • Consents and approves the HRA tax levy of $200,000. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Policy on Temporary Bagging of No Parking Signs Synopsis: The City periodically receives requests to temporarily suspend parking restrictions in order to accommodate the parking needs associated with a special event,parking lot maintenance, or building maintenance. The Policy is intended to provide formal guidance to City Staff for the review and approval of future requests. The Policy Statement states that the following minimum criteria shall be met in order to permit the temporary suspension of a parking restriction: 1) The applicant shall be a property owner, property manager, or tenant of a property in the immediate vicinity of the area requested for temporary parking. 2) The parking need shall be in connection with a special event,parking lot maintenance, building maintenance, or other similar activity than can not be reasonably accommodated on site. 3) The event shall not be a regularly occurring event. 4) The temporary parking will not create a hazard to public safety. 5) The temporary parking will occur on only one side of the street if both sides have been designated for no parking. In addition, depending on the specific nature of the request, the City may require that the following options be implemented in addition to or instead of a temporary suspension of a parking restriction: ANNOTATED AGENDA September 2, 2008 Page 8 1) Busing from a remote site. 2) Minimizing parking demand by utilizing Transportation Demand Management techniques. 3) Utilization of adjacent private parking areas. MOTION: Move to adopt policy on Temporary Bagging of No Parking Signs. 2. Policy on Temporary Stop Sign Control at Traffic Signal Systems Experiencing an Electrical Power Outage Synopsis: The Policy was developed to formalize the City's response to Traffic Signal Systems Experiencing an Electrical Power Outage. With adoption it will be the standard policy of the City of Eden Prairie to not install temporary stop signs at traffic control signal systems that experience an unexpected electrical power outage. At times, Traffic Control Signal Systems experience an unexpected electrical power outage causing the signal system to not operate properly. In the past the City of Eden Prairie has tried to respond to these events by placing temporary stop signs at the non-operating signal system. Based on this past experience and for the following reasons it shall be the standard policy of the City of Eden Prairie to not install temporary stop signs at traffic control signal systems that experience an unexpected loss of power: 1) Based on past history, the electrical utility company responds in an efficient manner to the identified situation. 2) By the time the City obtains the necessary and correct information, organizes its manpower, equipment, and materials, travels to the site (typically 1 hour or more), the electrical power is usually back on. 3) When a Traffic Control Signal System is not operating the intersection reverts to an"uncontrolled intersection" and drivers are required by law to proceed with caution. 4) There are inherent risks to Public Works and Police personnel, as well as the traveling public, in placing and removing temporary stop signs. 5) In placing the temporary stop signs at the non-operating traffic signal there is an increased potential that when the signal system power is restored there will be a traffic control conflict between the stop signs and the operating traffic signal. 6) Weather conditions that cause electrical power outages can often make it difficult to effectively maintain temporary stop signs. 7) Under all situations Police personnel retain the right to manually control the intersection as necessary to serve the public. Although the standard policy of the City of Eden Prairie is to not install temporary stop sign, it is understood that in the case of an identified extended power outage, a planned power outage or other special circumstance the City ANNOTATED AGENDA September 2, 2008 Page 9 may determine that it is in the best interest of the traveling public to place temporary stop signs. Such circumstances may include but are not limited to: • The City has received communication from the electrical power company that the outage will be of an extended duration(a minimum of 4 hours). • The extended electrical power outage will extend through a peak weekday travel period. • Planned electrical power outages. • Stop sign control is anticipated to provide a benefit to the safety and operation of the intersection. MOTION: Move to adopt Policy on Temporary Stop Sign Control at Traffic Signal Systems Experiencing an Electrical Power Outage. 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. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 2, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON JULY 15, 2008 III. RESOLUTION APPROVING THE PROPOSED 2009 HRA PROPERTY TAX LEVY OF $200,000 AND THE PROPOSED 2009 HRA BUDGET OF $200,000 IV. RESOLUTION APPROVING WINDSOR PLAZA FIRST AMENDED DEVELOPMENT AGREEMENT RELATING TO TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT NO. 21 LOCATED WITHIN REDEVELOPMENT PROJECT AREA NO. 6. V. ADJOURNMENT HRA ITEM NO.: II. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JULY 15, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli ROLL CALL/CALL THE MEETING TO ORDER Young called the meeting to order at 7:15 p.m. in shared session with the Council meeting. II. APPROVE MINUTES OF HRA MEETING HELD ON FEBRUARY 12, 2008 MOTION: Nelson moved, seconded by Duckstad, to approve the minutes of the HRA meeting held on February 12, 2008 as published. Motion carried 5-0. III. PUBLIC HEARING ON REDEVELOPMENT PROJECT AREA NO. 5 AND TAX INCREMENT FINANCING(REDEVELOPMENT) DISTRICT NO. 15 (RESOLUTION HRA 2008-02) Neal said official notice of these public hearings were published in the July 3, 2008,Eden Prairie News. Silvercrest Properties, owners of the Summit Place Senior Apaitiuents, is proposing to complete the last phase of their development with an 80-unit addition to their existing 265 unit project located on Flying Cloud Drive and Fountain Place Drive. This project is within a Tax Increment District established in 1999 for the purpose of providing affordable rents on 20 percent of the units. An additional 80 units will require that another 16 units be affordable to maintain TIF eligibility. All 16 affordable units will be located in the existing project area as independent units, versus assisted living or memory care units, which have a variety of medical, food, and other services bundled into the rents. Neal said the existing TIF plan and budget will be amended to include the additional 16 units and Tax Increment generated from the value of the new building addition. Johnson pointed out that the proposal is in conformance with the original planning proposal so it does not have to go through any more review. She noted Mike Gould and Paul Stein, consultant on TIF matters, were present to answer questions. There were no comments from the audience. MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing and to adopt Resolution HRA 2008-02 approving the Amendment to the Tax Increment Financing Plan for TIF District No. 15. HRA MINUTES September 4, 2007 Page 2 Nelson asked if the affordable housing units will be a single room or a one-bedroom apartment. Johnson replied the affordable units will be one-bedroom individual living units for persons at 50% or less of the metropolitan area income level. VOTE ON THE MOTION: Motion carried 5-0. IV. ADJOURNMENT MOTION: Duckstad moved, seconded by Butcher, to adjourn the HRA. Motion carried 5-0. Chair Young adjourned the meeting at 7:20 PM. HOUSING AND REDEVELOPMENT AUTHORITY DATE: AGENDA September 2, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: III. Office of the City Manager/ Resolution approving proposed 2009 HRA Finance, Sue Kotchevar property tax levy and accepting the proposed 2009 budget Requested Action Move to: Adopt the resolution to approve the proposed 2009 property tax levy to be $200,000 and accept the proposed 2009 budget of$200,000. Background Information Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is approximately $1.8 million. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2008- A RESOLUTION APPROVING THE HRA PROPOSED 2009 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2009 budget and tax levy; and WHEREAS,the Housing and Redevelopment Authority has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2009 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2009. 2. Approves the 2009 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on September 2, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk HOUSING & REDEVELOPMENT AUTHORITY DATE: AGENDA September 2, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: IV. Community Development Amending Development Agreement Relating Janet Jeremiah to Town Center Phase One Tax Increment David Lindahl Financing District No. 21, Redevelopment Project Area No. 6 (Windsor Plaza) Requested Action: Move to: Adopt Resolution approving Windsor Plaza First Amended Development Agreement relating to Town Center Phase One Tax Increment Financing District No. 21 located within Redevelopment Project Area No. 6. Synopsis: The Windsor Plaza Development Agreement relating to Town Center Phase One Tax Increment Financing District No. 21 located within Redevelopment Project Area No. 6 will be amended to include a revised legal description to the new Registered Land Survey (RLS). Background: The developer seeks approval of a Registered Land Survey(RLS) to simplify the delineation of the retail, office, and restaurant components of the Windsor Plaza building, and allow for the allocation of taxes and assessments to each portion of the development in accordance with the various agreements by and between the applicant and the City. Individual parcels of an RLS are assigned letter designations and are identified by Tracts. An RLS also permits multilevel or vertical tracts. The proposed RLS will use multilevel tracts to define all portions of the multilevel building. As part of the approval of the RLS, the Agreement Regarding Special Assessments and the Assessment Agreement are being amended. The purpose of these amendments is to allocate the special assessments and the real property taxes to the individual tracts of the RLS. Approval of the RLS will not result in any changes to the Windsor Plaza project approved by the Planning Commission and City Council in 2007. The 120-Day Review Period Expires on November 9, 2008. Attachments: Resolution TIF Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A.RESOLUTION NO. 2008- _ RESOLUTION APPROVING A FIRST AMENDED DEVELOPMENT AGREEMENT RELATING TO TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT#21 LOCATED WITHIN REDEVELOPMENT PROJECT AREA NO. 6 BE IT RESOLVED by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the"Authority"), as follows: Section 1. Recitals. 1.01. On December 19, 2007 the Authority adopted a modification to the Redevelopment Plan for Redevelopment Project Area No. 6, established Town Center Phase One Tax Increment Financing District #21 and adopted a Tax Increment Plan (the "TIF Plan") therefor, all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.174 to 469.1799, all inclusive, as amended. 1.02 On September 4,2007 the Authority approved the Development Agreement by and between The Housing and Redevelopment Authority in and for the City of Eden Prairie and Windsor Plaza,LLC (the "Development Agreement"). 1.02 The Authority is now presented for consideration and approval a First Amended Development Agreement between the Authority and Windsor Plaza,LLC (the"Development Agreement")which incorporates into the legal description of the property subject to the Development Agreement, a Registered Land Survey approved by the City of Eden Prairie. Section 2. Approval of Development Agreement 2.01 The Authority hereby approves the First Amended Development Agreement between the Authority and Windsor Plaza, LLC in substantially the form presented to and on file with the Authority and authorize the Chairperson and Executive Director to execute the Development Agreement in the name of the Authority. Adopted by the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, this 2nd day of September, 2008. By: Phil Young, Chairperson Attest: SEAL Scott H. Neal, Executive Director FIRST AMENDED DEVELOPMENT AGREEMENT BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA AND WINDSOR PLAZA, LLC September 2, 2008 FIRST AMENDED DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the 2nd day of September, 2008,by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota(the "Authority"), a public body corporate and politic organized and existing under the laws of the State of Minnesota, and Windsor Plaza, LLC, a Minnesota limited liability company (the "Owner"). WITNESSETH: WHEREAS, the Authority and the Owner entered into that certain Development Agreement made as September 4, 2007, filed on September 20, 2007 with the Hennepin County Recorder as Document No. 9040415 and filed on September 7, 2007 with the Hennepin Registrar of Titles as Document No. 4423820; WHEREAS, the property which is the subject of the Development Agreement was described as Lot 1, Block 1 and Outlots A and B, Windsor Plaza, Hennepin County, MN. WHEREAS, Lot 1, Block 1, Windsor Plaza is along with that certain property vacated by City of Eden Prairie Resolution No. 2008-48, filed May 16, 2008 as Document No. 4496849 with the Registrar of Titles, Hennepin County is subdivided into Tracts A, B, C, D and E, Registered Land Survey No. , Hennepin County, Minnesota hereafter referred to as the Property. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Exhibit A of the Development Agreement is replaced in its entirety by Exhibit A- 1 attached hereto. 2. The Development Agreement as amended herein remains in full force and effect. IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto duly affixed, and the Owner has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By Its Chair By Its Executive Director 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 Chair and the Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic organized and existing under the laws of the State of Minnesota, on behalf of the public body. Notary Public [This is a signature page to the Development Agreement by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie and Windsor Plaza, LLC, a Minnesota limited liability company] 2 Windsor Plaza, LLC, a Minnesota limited liability company By Its Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by Patrick J. Hart, the Vice President of Windsor Plaza, LLC, a Minnesota limited liability company on behalf of the company. Notary Public [This is a signature page to the Development Agreement by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie and Windsor Plaza, LLC, a Minnesota limited liability company.] A-1 EXHIBIT A-1 LEGAL DESCRIPTION Tracts A, B, C, D and E, Registered Land Survey No. , Hennepin County, Minnesota, and Outlots A and B, Windsor Plaza, Hennepin County, Minnesota F-1 ITEM NO.: IV.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, AUGUST 19, 2008 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II Council Member Butcher was absent. I. BUDGET Finance Manager Sue Kotchevar presented a PowerPoint overview of the 2009 budget process. On September 2, the Council will be asked to certify a preliminary levy and budget. The Truth-in-Taxation and CIP hearing is scheduled for December 1. On December 16 the Council will adopt the final 2009 budget and CIP, and the levy will be certified on December 19. Kotchevar said that this is the second year of a two-year budget cycle, so much of the budget was set during last year's budget process. Several minor adjustments have been made to the budget to account for increased fuel costs and the addition of the new art center. General fund expenditures for 2009 are estimated to be $38,683,567, which is up .8% from the budget approved by the Council in late 2007. The 2009 budget staff has prepared for Council represents a change of 4.2%. Kotchevar also presented a debt levy summary. She said several equipment notes will be issued later this year: $1.3 million for the regional radio system; $900,000 for two fire engines; and, $900,000 for Phase II 20-40-25 projects. Kotchevar said the Budget Advisory Commission continues its work on the Capital Improvement Projects budget and is compiling a report as they go. Kotchevar presented several updated CIP projections. City Council Workshop August 19, 2008 Page 2 Kotchevar and City Assessor Steve Sinell noted that changing home values make it trickier than usual to provide an accurate picture of"average"tax impacts. Assuming a decline in the value of the average single family home ($369,400), the tax impact would be 2.9%. The average apartment building ($5 million) with an estimated zero market value increase would have a tax impact of 4.3%, and the average commercial property ($2 million)would see a 5.5% tax impact. Presented another way, assuming a 0 % change (typical taxable value change) in estimated market value on the average single family home, the tax impact of the proposed budget would be 3.9%. Sinell distributed a memo that explains that since not all properties saw their values change the same percent, the levy will affect individual properties differently than"median value single family home with the average value change." The memo provides more detail on anticipated changes in values and their respective impacts. Kotchevar asked for input from the Council on whether or not the City should levy up to the current levy limit. The current budget would call for an increase lower than the levy limit. Young said it would be hard for him to support levying up to the limit. Council Members Aho and Duckstad agreed. Council Member Nelson said she is nervous about the possibility of not being able to increase the CIP levy later as planned because of levy limits. Duckstad said he is in favor of leaving it as it was last year. He also encouraged staff to figure out ways to spend less, and suggested spreading out capital outlay over a longer period of time. Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: IV.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 19, 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, Water Plant Manager Rick Wahlen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. Council Member Butcher was absent. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Young said there will be no color guard this evening. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal added Item Item XIV.F.A. Report on the City's Participation in the Republican National Convention. MOTION: Aho moved, seconded by Duckstad, to approve the agenda as published and amended. Motion carried 4-0. V. PROCLAMATIONS/PRESENTATIONS A. MILLER PARK PLAY AREA DONATION Lotthammer said the next two items on the agenda are directly related to each other. The first item is to accept a gift toward the Miller Park Play Area, and the second one contemplates entering into a contract with Odessa II for construction of the play area. He said he will review what the contract is for and what the play area will be like and then Mike Garvin will review the fundraising efforts. Lotthammer said Mr. Garvin approached the City some time ago to see if there was interest in making Miller Park a barrier-free play area. Miller Park fits well with the concept because it is a large community park that draws many people and is reaching the end of its life span. A portion of the equipment there was scheduled to be replaced this year, and several other areas are scheduled to be replaced over the next few years. CITY COUNCIL MINUTES August 19,2008 Page 2 Lotthammer said barrier-free playgrounds contain play structures that are another level beyond the accessibility requirements of the Americans with Disabilities Act (ADA). Barrier-free playgrounds give everyone the ability to play together and generally include a rubberized, poured-in-place surface. They have very few steps and provide ramps that have less than a 5% grade. He said it will be accessible to those in wheelchairs but also will accommodate parents with small children in strollers and people who have balance and sight challenges. He said this would open the playground up for people of all ages and all abilities. Lotthammer said Mr. Garvin was interested in taking the play area to that level, and the fundraising along with the donation from their family allows that to occur. He said renovating Miller Park is a large project, and the master plan includes replacement and renovation in phases. Phase one has play structures for the youngest ages. Equipment in the other two phases will be left in place until the end of the structure's lifespan. Lotthammer said the contract was bid out in such a way that we could be flexible depending on the funding available. There was a base bid and eight bid alternatives so that, if the funding was less than the full amount, we could select from a portion of the alternates along with the base. As of today we have a known amount of funding that includes the $134,369 contribution from the Miller/Garvin families and $110,000 allocated from the City budget. That amount allows us to complete the base bid plus four of the alternates. The remaining alternates will be added as the fundraising continues. He noted they have a fundraiser scheduled in early October, and we may be able to add on the other four alternates at that time. Mike Garvin said the past two years has been an exciting time for him after he approached the City with the concept of the barrier-free playground. He said his six-year old daughter is in a wheelchair, and she could not sit in the swing sets that are considered ADA compatible. He had heard about the barrier-free playgrounds and realized the impact they would have for everyone. He recently saw a picture of a barrier-free playground at a military base for returning injured veterans that allowed them to access the park with their children. He said the fundraiser in October will be a party where people will be able to buy a paver to place in the park. They also created a website for donations and will continue to try to raise money to get the alternate bids. He said phases two and three will also have numerous barrier-free components. Mr. Garvin presented Mayor Young with a check for $134,369 as a donation from the Tom and Kathy Miller Family Foundation. Aho thanked Mr. Garvin and his family and noted this is one of the things that makes Eden Prairie great when residents see needs in the community and step up to work with the City to meet those needs. Mayor Young said he was very appreciative of the contribution and the efforts and sentiment of the family. Nelson said she loved the whole concept and asked if there will still be places for parents to sit. Lotthammer replied benches will be scattered around the area, and CITY COUNCIL MINUTES August 19,2008 Page 3 there is seating in the gazebo which is very close to the small children's area. MOTION: Aho moved, seconded by Nelson, to accept the donation from the Tom and Kathy Miller Family Foundation in the amount of$134,369.00 to assist with funding for phase 1 of the Miller Park Barrier Free Play Area. Motion carried 4-0. B. AWARD CONTRACT FOR MILLER PARK PLAY AREA MOTION: Nelson moved, seconded by Aho, to award the base bid contract to Odessa II along with alternates #2, 4, 7 & 8 for a total of$244,369.25 and authorize staff to award additional alternates through a change order process should additional funding become available. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 15, 2008 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, July 15, 2008, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 15, 2008 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, July 15, 2008, as published. Motion carried 4-0. C. SPECIAL CITY COUNCIL MEETING HELD ON TUESDAY,AUGUST 5, 2008 MOTION: Nelson moved, seconded by Duckstad, to approve the minutes of the Special City Council Meeting held Tuesday, August 5, 2008, as published. Motion carried 3-0-1,with Aho abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. ADC RE-PLAT Approval of Development Agreement. Location: South East quadrant of Technology Drive &Mitchell Road. B. CH ROBINSON DATA CENTER/OFFICE Second Reading of the Planned Unit Development District Review and Zoning District Change from Neighborhood Commercial to Office on 2.59 acres, and Resolution for Site Plan Review on 9.84 acres. Location: 14701 Charleston Road. (Ordinance 19-2008-PUD-10-2008 for PUD District Review and Zoning District Change; Resolution 2008-79 for Site Plan Review). C. ADOPT RESOLUTION 2008-80 APPROVING FINAL PLAT OF THE ENCLAVE AT OLD SHADY OAK ROAD CITY COUNCIL MINUTES August 19,2008 Page 4 D. TERMINATE HILLTOP TOWN OFFICE DEVELOPMENT AGREEMENT E. AWARD CONTRACT FOR REPLACMENT OF CITY MONUMENT SIGNS TO SIGNATION SIGN GROUP F. APPROVE SECOND AMENDMENT TO PRAIRIE VILLAGE LEASE G. AUTHORIZE APPLICATION FOR WINTER USE PERMIT TO THREE RIVERS PARK DISTRICT FOR USE OF THE LRT TRAIL H. ADOPT RESOLUTION 2008-81 AUTHORIZING DISPOSAL OF TWO PARCELS OF TAX FORFEITED LAND I. AWARD BID FOR TRAIL RECONSTRUCTION ALONG MITCHELL AND BAKER ROAD TO MIDWEST ASPHALT J. APPROVE AGREEMENT WITH SCOTT W. BAKER ASSOCIATES, INC., FOR PRAIRIE VILLAGE LIQUOR STORE RELOCATION AND EXPANSION SERVICES MOTION: Duckstad moved, seconded by Aho, to approve Items A-J on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. PARKS AND RECREATION FEES AND CHARGES Neal said this public hearing is being held in response to the Council's request last year to hold a public hearing whenever we are approving changes to our parks and recreation fees. He said official notice of this public hearing was published in the August 7, 2008,Eden Prairie News. Staff is submitting the proposed changes to fees and charges for inclusion in the 2009 budget. These fees and charges are a part of the annual operating budget within the Parks and Recreation Department and help offset operating expenses. A synopsis of the fees and charges were submitted to the City Council at the July 15, 2008 meeting. Neal noted the Council will have another opportunity to approve the fees as they get incorporated into the budget later this year. Staff believes it is important to have the public hearing at this time because we are making plans for advertising and getting brochures ready for the fall season. MOTION: Duckstad moved, seconded by Nelson, to approve the proposed Park and Recreation fees and charges for inclusion in the 2009 budget. Motion carried 4-0. Neal noted the motion should also include closing the Public Hearing. MOTION: Duckstad moved, seconded by Aho, to amend the motion to close the public hearing and with the motion to be considered as having occurred prior to the CITY COUNCIL MINUTES August 19,2008 Page 5 previous motion. Motion carried 4-0. Young thought the public should be given an opportunity to speak on this issue. There was no one who wished to speak. Rosow said it was not necessary to reopen the public hearing since no one wished to speak on the subject. B. SUPERVALU Request for: Planned Unit Development Concept Review on 135 acres, Planned Unit District Review on 37 acres, Zoning District Amendment with in the Office Zoning District on 37 acres and Site Plan Review on 37 acres. Location: 11840 Valley View Road. (Resolution 2008-82 for PUD Concept Review) Neal said official notice of this public hearing was published in the August 7, 2008, Eden Prairie News and send to 154 property owners. The project is a 15,000 square foot building addition for use as a conference center. The project meets the requirements of the office zoning district for site coverage, setback, and parking. The building addition requires a shoreland structure setback waiver from 200 feet to 50 feet. The reasons to consider the waiver are: • The addition is a 1.7% encroachment of the area of the shoreland setback; • The addition is a 1.2 % encroachment of the area of the shoreland impact zone; • The addition has a green roof; • Existing trees and topography screens views of the structure from the lake. Neal said the 120-day review period expires on October 19, 2008. The Planning Commission voted 5-0 to recommend approval of the project at the August 11, 2008 meeting. Jeremiah said staff sees the green roof, rain garden, and pervious pavers proposed for the project as mitigation for the proposed encroachment on the shoreland setback. Neil Libson, representing SuperValu, gave a Powerpoint overview of the project. He thanked the City for their partnership relationship and noted they also have a strong relationship with the residents around the lake. He said recent changes in the company since the acquisition of Albertson's have created the need for a conference center at their headquarters. They have decided that Eden Prairie is their home. They are planning to do some renovation to the main headquarters building and they leased the old Best Buy headquarters. They currently hold meetings in hotels, which is very expensive, so they want a conference center in order to bring people to their home offices. He said they looked very carefully at the location for the new building and selected a site that has minimal impact and is very close to their existing services. Miles Lindberg, Westwood Professional Services, reviewed the PUD site plans showing the location of the new conference center. He said the building was very carefully sited, and they looked at a number of mitigation elements, including the green roof and the rain garden because the building does violate the setback lines. CITY COUNCIL MINUTES August 19,2008 Page 6 Mia Blanchett, Project Manager for HGA Architects, presented views of the interior and exterior of the building. Aho said the City looked at a green roof as a component for the Community Center expansion and asked what kind of vegetation they plan to put on their green roof and if they have calculated the possible return on investment of that roof versus a traditional roof Mr. Lindberg said he did not know about the return on investment, but their primary reason for doing this was to meet the spirit of the zoning requirements and this was the best way to do that without disturbing any more than necessary. The roof itself will act as a filter, and they will look for materials that blend. It will probably be a combination of native grass species that have proven successful to grow on roof tops. There were no comments from the audience. MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing, to adopt Resolution 2008-82 for Planned Unit Development Concept Review on 135 acres, to approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the Office Zoning District on 37 acres, to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions, and to direct staff to issue grading, footing, and foundation permits to SuperValu to proceed with construction at their own risk. Motion carried 4-0. Nelson reiterated that the reason we are granting the shoreland variances is because they are putting in things like pervious pavers and the green roof She thought it is important for the record to show SuperValu has gone the extra mile with this. C. VACATION OF DRAINAGE AND UTILITY EASEMENTS FOR LOTS 1 THROUGH 4, BLOCK 1,LOOSEN ADDITION,Vacation 08-03 (Resolution 2008-83) Neal said official notice of this public hearing was published in the July 31, 2008, Eden Prairie News and sent to nine property owners. The property owners have requested the vacation of all the drainage and utility easements to facilitate replatting of the lots to The Enclave at Old Shady Oak. The drainage and utility easements were originally dedicated with the Loosen Addition plat. New drainage and utility easements will be dedicated with The Enclave at Old Shady Oak project. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of The Enclave at Old Shady Oak. Wahlen said this is a housekeeping matter to tidy up the easements. There were no comments from the audience. MOTION: Duckstad moved, seconded by Nelson, to close the public hearing and to adopt Resolution 2008-83 vacating all of the drainage and utility easements lying CITY COUNCIL MINUTES August 19,2008 Page 7 over,under and across Lot 1 through Lot 4 inclusive, Block 1, Loosen Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 4-0. D. CANCEL PUBLIC HEARING FOR RIVERVIEW ROAD STREET AND UTILITY IMPROVEMENTS, I.C. 52-157 Neal said at a neighborhood meeting on August 6, 2008, Riverview Road residents and engineering staff discussed the proposed improvements and financing plans presented in the feasibility study. At the meeting, residents voiced a strong desire to delay construction of the project and allow time to form a neighborhood committee to work with staff on ways to improve the current project. He said residents are particularly interested in evaluating alternative solutions to managing Xcel facilities in the corridor and in preserving select trees along the north side of the corridor adjacent to the trail. The segment of Riverview Road between Parker Drive and Homeward Hills Road is a narrow bituminous surface in poor condition. There is no pedestrian facility serving the adjoining neighborhoods. The proposed improvements will correct these deficiencies and improve the visual character of the corridor. The current plan represents the vision of a previous neighborhood committee that worked with staff over several years in the mid-1990's. He said staff recommends cancelling the public hearing and continuing the process in order to make further refinements based on the neighborhood's interest and commitment. Neal asked that the Council instruct staff to work with the neighborhood to refine the design. MOTION: Nelson moved, seconded by Duckstad, to cancel the public hearing for Riverview Road street and utility improvements and to encourage staff to continue meeting with the neighbors involved. Motion carried 4-0. 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,Duckstad,Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CODE SECTION 6.20 RELATING TO PARADES, RACES AND PUBLIC ASSEMBLIES Neal said staff is requesting that the City Council amend City Code Chapter 6 by replacing Section 6.20 in its entirety with regulations related to parades,races and public assemblies in order to provide for the public safety of protesters,park users and public safety personnel. The proposed ordinance provides regulation for parades, races and public assemblies of more than 50 people on public grounds. Public assemblies include any ceremony, show,pageant, fair, exhibit, promotion, block party, demonstration, picket line, rally or other gathering on public grounds. Groups wishing to assemble are required to apply for a Public Assembly Permit CITY COUNCIL MINUTES August 19,2008 Page 8 with the Police Department. A Public Assembly Permit will cost $15. Groups that are exempt from obtaining a permit include school sponsored events, holders of a City Large Group Use permit,persons with rental or use agreements with the City or another governmental agency, and City of Eden Prairie or other governmental sponsored events. Events taking place on private property are not covered by the ordinance and do not need to obtain a permit. Neal noted staff first spoke with the Council about this issue earlier this summer when we began to see other cities adopt regulations regarding protests. This was being done somewhat in anticipation of the protests expected with the Republican National Convention(RNC),but there are other good reasons to have such an ordinance in place. The ordinance is important for the safety of the people involved to know when the events will happen and to know how large they will be. Neal said staff was looking to have the Council do the 1st and 2nd readings of the ordinance this evening in order to have it in place before the RNC. Because we do not have the full City Council here tonight, we will need a special meeting on Friday in order to meet the publishing deadlines and time frames. Young asked when the ordinance would become effective if this passes 1st and 2nd readings. Neal said it would become effective upon publication which would be Thursday, August 28. Young asked if we will make an effort to reach out to groups that we know have some events coming up that would not know of the ordinance. Neal said the groups coordinate with the Park and Recreation Department who will connect with them and advise them of the new ordinance. Rosow said to the extent any of those events already obtained a permit from the Parks Department for use of the park they don't need the permit through this process. Nelson asked if this does not apply to private residences or private businesses. Rosow said it does not apply to private property. Nelson then asked if it would not affect them even though they may fill the streets with people parking for the event. Rosow said it would not. He said when they looked at drafting the ordinance we looked at our neighboring communities. Bloomington does regulate gatherings of more than 25 people on private property as well as public property. During discussions with staff and particularly the Police Department it was decided that was not necessary in our community, so the ordinance was made applicable to public property and not to private property. Nelson asked if a private home event that would require street access to be shut down would be affected by the ordinance. Rosow said it won't change that because the ordinance relates to activities on public property for which a permit is required. The idea is that we need notice of this kind of event in order to prepare for it. Nelson said it is better to know what the intent is up front. Rosow said they tried to make the ordinance clear that it affects only gatherings on public property. CITY COUNCIL MINUTES August 19,2008 Page 9 Rosow noted that the Council is asked to take action on the first reading of the ordinance, to continue the second reading to Friday, and to continue the meeting to Friday at a specific time. MOTION: Aho moved, seconded by Duckstad, to approve first reading of an ordinance amending City Code Chapter 6, Section 6.20 relating to parades, races and public assemblies and adopting by reference City Code Chapter 1 and section 6.99 which among other things contain penalty provisions. Motion carried 4-0. B. SECOND READING OF ORDINANCE AMENDING CODE SECTION 6.20 RELATING TO PARADES, RACES AND PUBLIC ASSEMBLIES MOTION: Duckstad moved, seconded by Nelson, to continue second reading of an ordinance amending City Code Chapter 6, Section 6.20 relating to parades, races and public assemblies and adopting by reference City Code Chapter 1 and section 6.99 which among other things contain penalty provisions until Friday, August 22 at 5:00 PM. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. TECHNOLOGY COMMITTEE Neal said there is an opening on the Technology Committee which was formed in January 2008 as an outgrowth of the Technology Task Force, with 11 of the original 15 members agreeing to serve for at least one year. One of the members resigned, and several members have had work reassignments, so there are about seven members attending meetings regularly. David Lindahl, Economic Development staff, said he received a call from Dan Foley expressing his interest in serving on the Technology Committee. Mr. Foley is an Eden Prairie resident and has a diverse background in computers and communications. He is a member of the Eden Prairie Chamber of Commerce and also recently participated in the City's Business Survey. Lindahl thought Mr. Foley would be an excellent fit for the Technology Committee. MOTION: Duckstad moved, seconded by Aho, to appoint Mr. Dan Foley to the Technology Committee. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Budget Advisory Commission Process Neal said at the City Council meeting in July he briefed the Council on how CITY COUNCIL MINUTES August 19,2008 Page 10 the Budget Advisory Commission(BAC)would bring items to the City Council and discussed the issue of their terms of service. He said we asked the BAC for their feedback on how they believe they should be structured. At that time we discussed that we wanted to have different terms for them because of the way we conduct our budget preparation process. He said before staff proceeds with the preparation of an ordinance he wanted to get some final feedback this evening. Young asked if they will have four-year staggered terms. Neal replied that was correct. They propose to begin the staggered terms by establishing three two-year terms and four four-year terms to start the stagger, so that every other year we would be appointing either three or four members to the commission. He said staff asked for input from the commission regarding whether they planned to seek reappointment. One member did not want to seek reappointment and the rest were equally divided between wanting two or four year terms. He said staff will get the ordinance ready and start organizing a recruitment process because we will need two new members. Young thought that was fair. He asked how we would advertise for the positions. One of the things he pointed out at the workshop is that he didn't want people to think that we weren't clear about the City Council feelings. His feeling is that the existing members of the BAC could be segued into the new process. He wanted to be clear what we communicate to people. Neal said the reappointment of the existing commission members is at City Council discretion. Our customary practice for returning commission members is to invite them in for the re-interview process. Young noted that the commission members' current terms expire on March 31, 2009, so we will be appointing and reappointing them before their terms expire. He thought we should just continue the appointments of the commission members who want to continue on the BAC and advertise the two positions that are coming available. Aho agreed that was a good way to handle the process since their appointments aren't up yet and they have given a lot of their time on the commission. Neal noted none of the current commission members has an attendance problem and none has served multiple times. He said staff would probably do some local media telling people of the two openings and describing what they do and the terms of service. We would ask them to fill out an application that would be copied and sent to the City Council. Interviews could be held in December. He said we could have an ordinance to the Council in September. Nelson said there were a number of people that applied when the BAC was begun, and she thought we should contact them about the two open CITY COUNCIL MINUTES August 19,2008 Page 11 positions. Neal said staff would do that. 2. Section 106 Memorandum of Agreement between the Federal Highway Administration and the Minnesota State Historic Preservation Office Neal said we are moving forward with the Pioneer Trail project and need to get the final approval from the historic preservation standpoint of the Goodrich-Ramus barn. This item authorizes the City Manager and the Heritage Preservation Commission Chair to sign the Section 106 agreement which sets out all the various things we are going to agree to take care of. We have had a lot of discussion about this barn. The barn was sold by the owners to Hennepin County, so the County owns the property. We are going forward with the review of the project. Neal said his position as we moved this project forward has been that Hennepin County owns the barn and the City does not own the barn. We have had a strong mandate from the Council to make the road project happen. We made agreements with the County to enable the road project to go ahead. We have not had a mandate from the Council to save the barn. He was looking for reaffirmation from the Council on this issue. He recently learned the county has come up with a design that would preserve the barn in place. His initial position with the County has been that they own the barn and we have not expressed interest in receiving the barn or owning it at some point in the future. Young said a lot of people are anxious to see Pioneer Trail expanded, and we need to do whatever we can to get that process on track and completed as soon as possible. He said he had no idea what Hennepin County intentions are with the barn. Duckstad said he has no interest in the barn. He did not want to receive it and was opposed to participating any further. Nelson said she did want to see the road go through, and she was glad to see the County has put together a plan for the barn. She didn't want to go so far as to say we would never have an interest in getting a gift of the barn, especially if it would be fully restored and we would receive some help with on-going maintenance. Aho said he was anxious to see the roadway move forward because it is a very important roadway to the Eden Prairie residents. He also had no interest in the City owning the property. If Hennepin County wants to own and maintain the barn, that would be okay but he didn't want the City to have the financial burden of maintaining it. MOTION: Nelson moved, seconded by Aho, to authorize the City Manager and Heritage Preservation Commission Chairperson to sign the Section 106 Memorandum of Agreement between the Federal Highway CITY COUNCIL MINUTES August 19,2008 Page 12 Administration and the Minnesota State Historic Preservation Office Regarding Reconstruction of County State Aid Highway 1 (Pioneer Trail). Motion carried 3-1,with Duckstad opposed. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Smith-Douglas-More/Dunn Bros Lease Jeremiah said the Council had asked for an update on the Smith-Douglas- More/Dunn Bros lease. She said that was a timely request because Mr. Lindahl had started up discussions to renegotiate the lease. The current 12 month lease between Puregrace LLC and the City of Eden Prairie at the Smith-Douglas-More property expires at the end of this year. Puregrace and its sub-tenant College Nannies and Tutors are both happy with the arrangement and are asking for a one year extension to the current lease under generally the same terms. Jeremiah noted it was an above average year of expenses on the property and we ended up with a net rent of$11,000. In the future the net rent should be closer to $17,000. The questions of whether to add more parking or to make changes to the access to the property are still under discussion. To do a parking lot turn-around and add additional parking would be $25-30,000. They looked at opening up the median but that would require approval of the County and would also be a$25-30,000 improvement. Puregrace doesn't feel comfortable that they could help pay for those improvements. She said staff feels those changes would improve the viability of the property and would allow them to have more events. Jeremiah noted there is a letter from Puregrace in the Council packets that explains the situation with their subtenants and some of those things they have been doing to reach out to the community and promote the site. Young said his view on this issue hasn't changed since last year, and he thought it is helpful to remember the historical situation of the site. Seven years ago we entered into a lease with a large seller of coffee,but for some reason that didn't work as expected with Dunn Bros. Last year this City Council reduced the rent about 75% and taxpayer dollars were used to refurbish the property. We did not go to the marketplace to get a competing offer from someone else. There is no way he would support the renewal of this lease on the terms the Council agreed to last year. He thought we owe it to the taxpayers to at least have staff go to the marketplace and bring back alternatives to the Council. He thought we should at least test the waters and advertise that the site is available so we can find out what the marketplace will do. Aho concurred with Mayor Young's comments about accepting a lease with such a very low rate. We ought to open it up to see if there are any other offers that would have a better rate. CITY COUNCIL MINUTES August 19,2008 Page 13 Nelson said she had mixed feelings about this after all the community response. She would like to see them continue but she wouldn't say we should not go for anyone else. At their meeting this morning the Chamber was discussing the terrible economy and how many problems there are with leasing any property. This does serve a definite function to the community and she was glad we aren't interested in selling it. If we look at alternatives, she wanted to look for just a short period of time. If we have someone else she would like it to be someone who would have it open to the public on a daily basis. She was skeptical about people rushing in to give us other offers and she didn't want to end up losing this lease. Duckstad said he agreed with the Mayor's comments. Neal said he thought the direction from the Council is pretty clear. MOTION: Young moved, seconded by Duckstad, to direct staff to reject the lease terms proposed by Puregrace and to seek and bring alternative leases from the marketplace to the Council for its consideration as soon as possible. Nelson thought rejecting the lease goes too far in this market. She would like to see us authorize staff to pursue a new lease on this property from all potential lessees. Young thought this would give the tenant a fair opportunity to respond and would also give us time to consider alternatives. We can revisit the issue in November or December. He noted the current lease is almost free, and we need to make the effort to find something better. VOTE ON THE MOTION: Motion carried 3-1, with Nelson opposed. 2. Town Center Implementation Jeremiah said at the last meeting the Council asked for a staff discussion with regard to strategic planning on the Town Center. That request was somewhat in response to the proposal regarding Top Dog. Staff prepared a memo for the Council packet outlining the status of our implementation strategy for the Town Center area. The Major Center Area(MCA)plan was adopted by the City Council in early 2006 as an advisory tool. The Town Center was one of the major recommendations that came out of planning. It was driven by responses to citizen surveys, all of which identified Town Center as a primary desire for the area. The MCA study does include implementation strategies, and these were discussed in a Council workshop. At that time the Council directed staff to change the Comprehensive Plan land use designation and zoning for the Town Center area. Jeremiah said the Town Center Comprehensive Plan amendment is included CITY COUNCIL MINUTES August 19,2008 Page 14 in the overall Comprehensive Plan update which is currently in the six- month review process. The review process will end in September, and staff will then bring it through the Planning Commission and City Council. At that point the Town Center zoning ordinances will have been approved. We adopted the ordinance but have not yet applied it to the property. As soon as the Comprehensive Plan is in place, we would move forward with the rezoning. She said we anticipated this process would take some time, but we thought it would be preferable to negotiate to the best of our ability with development proposals rather than using a tool like a moratorium. Staff believes that was the right decision, and things are going quite well overall. Jeremiah said since it has been some time since the MCA study and some property owners may not remember what the vision was for their property, staff is proposing to work with Mr. Lindahl to set up individual meetings with all the property owners. They would discuss the Comprehensive Plan changes and the impending rezoning and would be able to talk through what the ramifications would be for the properties. We can discuss their concerns with the Planning Commission and the City Council. We have options we can consider to offset it a little while maintaining the overall redevelopment vision, but we do need to get the Comprehensive Plan land use designation in place. Young thought the idea of meetings with the property owners is a good one. It is very important the message we send to the property owners is that this is something we want to do with them, not to them. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Water Demands and Well #16 Wahlen reviewed the water supply and developments completed in the last six months. He said last year 3.5 billion gallons of water were delivered to customers. In order to respond to that kind of demand there are a number of projects underway including the drilling of a new well. Well#16 is being drilled and looks like it will produce something like two million gallons per day. We have a nice water plant, but we only have enough well capacity to pump 22 million gallons per day. Wahlen said last year we had a significant increase in water consumption. To respond to that demand we improved Well#9. With that and the new well we should be good for the next year or so. We have plans that are contingent on approval of the Comprehensive Plan update, and once the Metropolitan Council blesses that,we should be able to go ahead to develop an additional five wells. Until then we need to do what we can with the current resources. Wahlen said water use this summer is drastically different than last summer. CITY COUNCIL MINUTES August 19,2008 Page 15 August has been really dry, and we are looking at a peak August for the City if the trend continues. He said the good news is that last year there were over 1800 water violations,but this year we have had only 400 to date. Aho asked if we expect the overall demand to increase greatly in the future. Wahlen responded the Met Council believes our current projections exceed their plan values from a couple of years ago, and that is why it is so important to get the Comprehensive Plan update approved. There is additional development in the Golden Triangle area and several multi- family unit developments are planned. We anticipated growth with development and redevelopment and our projections for 2030 show usage of 26-28 million gallons per day. F. REPORT OF POLICE CHIEF 1. Report on the City's Participation in the Republican National Convention Police Chief Reynolds reported on the activities regarding the upcoming RNC. He said through the mutual aid agreement with St. Paul, we have promised to send 12 officers to assist them beginning next Saturday through the following Sunday. Eight of them will be part of a mobile field force that have gone through training, and the remaining four will be assigned to crowd or traffic control duties somewhere in the Minneapolis and St. Paul area. We have also loaned them our law enforcement analyst. He said we have submitted an application to have the cost of the officers' wages refunded to us for the training time and their time on duty. Reynolds said they are also looking at any areas of interest we might have regarding public safety in Eden Prairie. There will be a large number of people going through the City. We have looked at sites and have drawn up contingency plans. In order to conduct regular business while missing a large number of officers, all vacation and personal leave has been canceled during that time. Staff hours have been changed to a twelve-hour shift. He said they worked with the Fire Department to staff a rescue rig 24 hours a day to respond to medical calls. He thought these considerations will get us through the time period. G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Aho, to continue the City Council meeting to 5:00 PM on Friday, August 22. Motion carried 4-0. Mayor Young closed the meeting at 8:45 PM. CITY COUNCIL MINUTES August 19,2008 Page 16 XVII. RECONVENE THE MEETING Mayor Young reconvened the meeting at 5:05 p.m. on Friday, August 22. Council Members Butcher and Nelson were present. A. CLERK'S LICENSE LIST MOTION: Butcher moved, seconded by Nelson, to approve the Clerk's License list. Motion carried 3-0. B. SECOND READING OF ORDINANCE AMENDING CODE SECTION 6.20 RELATING TO PARADES, RACES AND PUBLIC ASSEMBLIES MOTION: Butcher moved, seconded by Nelson, to approve second reading of an ordinance amending City Code Chapter 6, Section 6.20 relating to parades, races and public assemblies and adopting by reference City Code Chapter 1 and section 6.99 which among other things contain penalty provisions; and adopt the Resolution approving Summary publication. Motion carried 3-0. XVIII. ADJOURNMENT MOTION: Nelson moved, seconded by Butcher, to adjourn the meeting. Motion carried 3-0. Mayor Young adjourned the meeting at 5:07 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 2, 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: Eden Prairie Lion's Club Event: HTC Gala Date: Octoberl 1, 2008 Place: Hennepin Technical College - 1 - CITY COUNCIL AGENDA DATE: September 2, 2008 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Extension of Time to Review the Janet Jeremiah 2008 Guide Plan Update Requested Action Move to: • Adopt a resolution for extension of time to complete the review of the 2008 Guide Plan. Synopsis The Metropolitan Council requires local units of government to submit updates of a comprehensive plan by December 31, 3008. If this cannot be accomplished, a local unit of government can adopt a resolution requesting additional time to complete its review. This request must be submitted to the Met Council by November 1, 2008. The Met Council can administratively grant an extension to May 29, 2008. Background Information There are three steps left to complete before the Guide Plan update can be submitted to the Met Council. These are: 1. 6 month review by affected jurisdictions. This expires September 1, 2008. 2. Adoption of the plan by the Planning Commission. This is scheduled for October 13, 2008. 3. Adoption of the plan by the City Council. This is scheduled for October 21, 2008. Adoption of the resolution will allow the Planning Commission and or City Council additional time, if needed, to adopt the plan. Attachments 1. Resolution for Extension of review 2. Letter from Met Council dated July 8, 2008 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION REQUESTING A SIX MONTH EXTENSION OF THE DECEMBER 31, 2008 DUE DATE FOR REVIEW OF THE CITY OF EDEN PRAIRIE COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS WHEREAS, MN State Statute §473.175-473.871 requires that cities review and revise their comprehensive plans for consistency with Metropolitan Council policy plans; and WHEREAS,the Metropolitan Council has amended its policy plans; and has provided system statements outlining Council policy relative to the city; and WHEREAS,the City of Eden Prairie is required to revise its comprehensive plan for consistency with the amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan Council by December 31, 2008; and WHEREAS,the City of Eden Prairie has scheduled and budgeted to complete an update of its comprehensive plan by December 31, 2008; NOW, THEREFORE, BE IT RESOLVED,that the City of Eden Prairie requests that the Metropolitan Council grant the City of Eden Prairie an extension to the deadline to May 29, 2009, to complete its comprehensive plan; circulate the revised document to the adjacent governmental units and affected school districts for review and comment; and, following approval by the planning commission and after consideration by the city council, submit the plan to the Metropolitan Council for review. ADOPTED by the City Council on September 2, 2008. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor ® Metropolitan Council ® July 8 , 2008 Mr. Scott Neal City Manager City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344-2230 RE : Request for Extension of Time to Complete Review and Amendment of Local Comprehensive Plans Dear Mr. Neal : Minnesota Statutes section 473 . 864 requires all metropolitan area units of government to review and, if necessary, amend their entire comprehensive plans, fiscal devices, and official controls at least once every ten years . This "decennial" review requirement ensures that comprehensive plans conform to metropolitan system plans and ensures that fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans . By statute, plan updates and amendments must be completed by December 31 , 2008 . However, Minnesota Statutes section 473 . 864, subdivision 2, authorizes the Metropolitan Council to grant extensions to local governments that require additional time to complete their "decennial " review obligations and make necessary amendments to their comprehensive plans, fiscal devices, and official controls . At its June 25 , 2008 meeting, the Metropolitan Council adopted a resolution which states that local units of government may request an extension of the December 31 , 2008 , "decennial" review deadline to May 29, 2009, if the request includes a reasonably detailed timetable and plan for: ( 1 ) completing and submitting the comprehensive plan update to the Metropolitan Council , and (2) reviewing and amending fiscal devices and official controls . If your city/township/county intends to request an extension , your local governing body must adopt a resolution requesting additional time and must provide a timetable and a plan for completion and submittal of the comprehensive plan update to the Metropolitan Council to no later than May 29 , 2009 . To have your request considered, the completed request form and accompanying resolution must be received at the Metropolitan Council offices by November 1 , 2008 . The Metropolitan Council will respond by letter to extension requests, indicating whether the request has been granted. I would like to call your attention to some important guidelines which the Metropolitan Council has adopted that will apply if your community requests an extension to May 29 , 2009 : 1 . Staff may administratively grant an extension to May 29, 2009 for submittal of the 2008 comprehensive plan update if (a) a community submits the extension request and required materials by November 1 , 2008 ; and (b) the request includes a reasonably detailed timetable and plan for completing the review and amendment of the comprehensive plan update, the community ' s fiscal devices, and the community ' s official controls . The mandatory 6-month adjacent jurisdiction review process must be completed by that submittal date . 2 . Communities identifying conflicts in forecasts or obstacles to plan completion may be asked to meet with Metropolitan Council staff and/or Metropolitan Council member(s) for their district to resolve outstanding issues . 3 . If a comprehensive plan update cannot be submitted by May 29, 2009 , with the mandatory 6- month adjacent community review complete, an extension of the submittal date will require www. metrocouncil . org 390 Robert Street North • St. Paul, MN 55101 - 1805 • ( 651 ) 602- 1000 • Fax (651 ) 602- 1550 • TTY (651 ) 291 -0904 An Equal Opportunity Employer July 8 , 2008 Mr. Scott Neal Page 2 action by the Metropolitan Council ' s governing body . A request for an extension of submittal beyond May 29, 2009 will require submittal of the extension request documents and must be made by November 1 , 2008 . In addition to the required extension materials, the local government unit must also submit in a letter addressed to the Council an explanation of the obstacles that prevent the community from completing the plan by the decennial deadline . 4 . After December 31 , 2008 , a community should not submit comprehensive plan amendments until the Metropolitan Council has acted on the community ' s 2008 comprehensive plan update . 5 . An extension of the comprehensive plan completion deadline does not change any due dates for surface water plans or Critical Area/MNRRA plan funding agreements . 6 . For LCA grants awarded after December 31 , 2008 , the Metropolitan Council will not execute an LCA grant agreement with an applicant for any project located within the jurisdiction of a governmental unit that is responsible for fulfilling the "decennial" review obligation but has not submitted to the Council a comprehensive plan update that is complete for review . This policy applies whether a governmental unit has requested and has been granted an extension to submit its 2008 comprehensive plan update . This policy : (a) does not affect the grant award decision (only the execution of the grant agreement); and (b) does not apply to the Fall 2008 Tax Base Revitalization Account Funding Cycle, for which the Council is scheduled to make grant awards at its first meeting in January 2009 . If you have any questions regarding the form or the process for granting plan extensions, please contact your Sector Representative, Jim Uttley, at 651 -602- 1361 . Si A. ely, Npr Phyllis Hanson , Manager Local Planning Assistance CC : Mary Hill Smith, Metropolitan Council (District 3 ) Jim Uttley, Sector Representative Guy Peterson , Director, Community Development Division CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 2, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5537 ITEM NO.: VIII.C. Rodney Rue Approve Professional Services Agreement with SEH, Inc. for Design Public Works/Engineering Phase Services for Eden Prairie Road, South of Riley Creek. Requested Action Move to: Approve Professional Services Agreement with SEH, Inc. for design phase services for Eden Prairie Road, south of Riley Creek, in the amount of $253,504.73. Synopsis Earlier this year, we held a neighborhood meeting with the Eden Prairie Road residents south of Riley Creek. Some of the main issues coming out of that meeting were to defer construction of Eden Prairie Road until market demand increased and Prospect Road was completed. With the recent submittal of the Hidden Spring Preserve development and the neighborhood's support for detailed design work, we have prepared this Professional Services Agreement with SEH, Inc. for approval. This Agreement provides for final design services for the reconstruction of Eden Prairie Road, south of Riley Creek. A feasibility report for these improvements will be prepared concurrently with the design work. Background Information This project has been studied and anticipated for a few years. With the development submittal of Hidden Spring Preserve and the subsequent completion of Prospect Road as part of that project, the approval of design phase services for Eden Prairie Road is timely. It is anticipated that the Eden Prairie Road Reconstruction Project would proceed after completion of Prospect Road. Attachments • SEH, Inc. Professional Services Agreement 1 SEH EXHIBIT A December 8, 2006 RE: City of Eden Prairie June 9, 2008 (Revised) Reconstruction of Eden Prairie Road August 25, 2008 (Revised) Design and Bidding Phase Services SEH No. A-EDENP0202.00 10.00 Rod Rue, P.E. Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Rod: Short Elliott Hendrickson Inc. (SEH) thanks you for the opportunity to assist the City of Eden Prairie (City) with the referenced project. For your convenience, we have included a project location map with this Ietter proposal. We will provide the services to the City as outlined in the enclosed Task Hour Budget (THB) within the project area for a not-to-exceed fee of S253,504.73. Our THB and its footnotes contain our key assumptions regarding the scope of our work. Our not-to-exceed fee includes reimbursable expenses. We will bill you monthly on an hourly basis for our labor and reimbursable expenses. We will only proceed with additional work following your authorization. Work shall be done in accordance with the City's Standard Agreement for Professional Services (Agreement).This proposal letter is an exhibit to that Agreement. Upon receiving authorization to proceed, we will immediately commence work on the project. We understand that, in its entirety, the Design and Bidding Phase Services may not be continuous. However, we are prepared to adhere to the following estimated schedule: DATE I ACTIVITY/TASK September 2,2008 Notice to Proceed November 5,2008 Data Collection Complete (including topographic survey and soil borings) November 12, 2008 Geoteclmical Recommendations Complete November 13,2008 30% Design Review Meeting November 19, 2008 Meeting with Riley Creek Watershed District December 10, 2008 Preliminary Design Deliverables Complete December 19, 2008 75%Design Review Meeting Short Elliott Hendrickson Inc., 10901 Red Circle Drive,Suite 200, Minnetonka,MN 553439301 SEH is an equal opportunity employer I www.sehinc.com I 952.912.2600 800.734.6757 i 952.912.2601 fax Rod Rue,P.E. August 25, 2008 Page 2 DATE ACTIVITY/TASK January 7,2009 Storm Sewer Design Complete January 14, 2009 Drawings and Legal Descriptions for ROW/Easer ent Acquisition Complete January 16, 2009 Meeting with developer's engineer for Hidden Springs at Hennepin Village January 21, 2009 Meeting with Metropolitan Airports Commission January 23, 2009 90%Design Review Meeting January 28, 2009 Detour Plans Complete February 10, 2009 Final Design Review Meeting February 12, 2009 Ad for Bids to Local Newspaper February I6, 2009 Ad for Bids to Construction Bulletin February 19, 2009 Plan Preparation Complete/Bid Documents online March 5, 2009 Open Bids March 17,2009 City Council Awards Project The Agreement, Exhibit A, and the THB represent the entire understanding between the City and us with regards to the project. We are looking forward to assisting the City with design phase services for this project. If this letter satisfactorily defines our role in this project, please sign and date both letters and return one to me at the address shown on this letterhead. In the meantime, please contact me at 952.912.2611 or ppasko@sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. 404„9 Paul J. asko III,PE Project Manager PJP3 Enclosures c: Dave Halter, SEH (with all enclosures) Jeremy Walgrave, SEH(with all enclosures) Wayne Wambold, SEH (with all enclosures) Deric Deuschle, SEH(with all enclosures) Tiffany Dagon, SEH (with all enclosures) Jeff Johnson, SEH(with all enclosures) p9aeiciedenp,.020200iI-Lcnli10-pd5,,620202?rcvised,exhibii,ptprsl lu.doc Rev. 05-14-2008 Standard Agreement for Professional Services r f� This Agreement is made on the day of .J, ti ;—, 2000, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 80 0 Mit hell Road, Eden Prairie, MN 55344, and 'j ��;pJ �_L.� l ►D''�c jp,j ; hac_, mil) , a Minnesota v,:►.WfA ereinafter"Consultant") whose business address is I o io i „�.,..a rya J-1+ i 1 J-� ) 3 47 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 ;nf...14,('4 c- f?0�1� uv,�S`��[ l�r-� Cis: c>,J �,�� i.P1Ai tG rS .S'�.evi(4"f 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 over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from 3/00 through , the date of signature by the parties notwithstanding. This Agreement may be exten ed 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. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 2-5-3 S7? V,.1 3 for the services as described in 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. I Rev. 05-14-2008 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 or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work 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, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: 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 provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. 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. C. Payments for Special Consultants. 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. D. 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." 2 Rev. 05-14-2008 e` P et-- B. Project Manager and Staffing. The Consultant has designated AUL ��l/-r,› and A.hP--b r• \tl '---to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. 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. 8. Audit Disclosure. 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. 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. 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. 9. 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 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. 10. 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. 11. 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. 12. 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 3 Rev. 05-14-2008 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. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15, 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. 16. 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. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by 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. 18. 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. 19. 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. 20. Insurance, A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum 4 Rev. 05-14-2008 coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) 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 primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,000,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $2,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s) on ISO form CG 2010, or its equivalent, naming "the City of Eden Prairie." The additional insured form needs to extend protection for"product and completed operations". g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. 5 Rev. 05-14-2008 h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Incidental Malpractice and Host Liquor Liability insurance applicable to the Consultant's performance under this Agreement. j. Severability of Insureds provision. D. 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. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All polices, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. A copy of the Consultant's insurance declaration page, Rider andlor Endorsement, as applicable, which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents 6 Rev. 05-14-2008 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. 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, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use 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 use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. 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 7 Rev. 05-14-2008 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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. 25. 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. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 8 A tc. `" '. 1 1 "..il , .C• ii Es '- Ilgisimill ...ewe RECONSTRUCTION OF EDEN PRAIRIE ROAD me avaiwhot 410.0 qi1? c,,, sommr-.a.. EON PIRAIIIIE. 111121630TA laWirimmli crag El..r'' 11.111111116i 1=x .. ...— CITY II3. IC 01-13337 111/11.111ir Imo u i, Wilall ......... LOCATION!14AP Alan* ...... ....• AUGUST 1St COCO EgF... I. 1 ,,, ...„..„ 1 =...... • IIIIIMINIM11111 =••wwwwwism mem ..-.../WA iiiialiallallri• =UM 'It,„ EMI ,L,9A,„,,:-.,.2'..; =2=11=,,-....7.7::.':.7.----- •:•-• -- , 1 ••• . c i 1 i 1P' .1 0 i MU )011404 .1(.41 OMENS MEI ••••=nomm di& 1111=, Betra 444"== IWIN imr. 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T. 1 ...174 17 12' .n3 -'•!, .,. TYPICAL SECTICH ,„ TIPICAL=THIN 1-t r, .-.,.: • ,,,..... rote&swam .. ,, ., WV OM aN rat Alm ititi - :4''''' -s,,-s --- .4 ‘` irr .,i ey• gr" 111 : sa* ,filf=r5P 1141-"T',"... I . , a ( ' r • SEH Task Hour Budget City of Eden Prairie Reconstruction of Eden Prairie Road(1)(2)(5)05)(20) Design and Bidding Phase Services August 25,2008 ESTIMATED HOURS CLIENT 1ENIOR CREW I ATEP ESTIMATED PROJECT TASKS SIANAeeR MANAGER ,,,,,,,E. ENGINEER LEAD TECH BloeoclSi Re auacetiR ory Leau RESOURCES TRAMPORTEcx ENGINEER ENGINEER ARCHITECT CRIER SiRUMrNT ABmtN iecx URVEY COST sE rtl'Iee moncr e roracx GEOTECR TATI on PF flu Pxoair Pxo(Erl. MUNICIPALS....STREETERAI.SiRUC SAL LANDSCAPE }URy.Y nx ENGINEER R ENGINEER ENGINEER EnmuExn rE :1.0 Dm Co8ec8o - , r;, -- .. ;-,.i - -.2 iW« ,�:`. ... ,.ki.-,?-�." ?; s ,r- _®___R t t I t d g 51' t C p t Serv:__- ---------------_= __®__C Il t c t Plansf bhbo .P Qiects(6) -a--_-----_ ©-_----- -®---C1u6.aa.re.i•s ifh...,oEM D Li [G Ate_----------_.111111113MI------ Wetland delineation(9) 1 --MI- -_ --_ -_ Desicn curve •II 1.3.1 ��Basements(I3) -•-�•a��i 4 - -- 36 111 1.3.2 Supplemental topographic survey(29) G h r StateOn 11 10 -®___C II t to d6)()))'trafficwuntsfrom City _-_--_--_---a-_---_- -----, try existing signs and pavement markings in --___ 4 1 -_---- -_ Sidirkifill N r5 iiii.MMIIIIIMIIIIIIIIIIMIIiiiMMININIIIIIIIIIIIIIIMINININIIIII7.0 BEZEIIIMIKE121111111111151111111111111111111111.111111111111110311111111111E011111111113E ,;f St ke.-L ®Subtotal Labor:Cost Pre wii De ., ®®--®®®®11111111=21 - ®111111Mil NIMMIal 11.11116111111111•11.1111=1111MUeotechnical InyestUation 64 ------------- ------ III■®--110 11 i I Boring d Sampling P brain 6 ___ Mill_ EMI_--- ■■-®® •.�.m_.16aDla uo-as Emu a enR'''-_------_------- ---- North End..nd 14 a' --©------ 0-----IIIIIIIIIIIIIIII--- 2.1.1.L2 South End'and IIIMIMINIMI©��---_-0_---- -- .®■2.1.1.2 Proposed cul-de-sac 2 ----s---IIIII-�--E----� Geotechnical Evaluation 17 22 --®MMIMIIIII.Develoa soil strati.a.h/.rofile -00-_-----0-_---_--- --® M111-Assess road sub mde 36 _-a©---------------- - IIII®1.111.1111.111 Assess trench excavation and I'skfill -00--_---_0---_----- .. ■■MIIMIIIKIEMIMIIIIMIll Assess e,nbankrnent needed it, Gil correetion 24 --00----- 00-------- 2.2.6 Assess e infiltration needed at Riley Creek crossing 4 .■�-�-� 1 �-.■■-�■ 2.2.7 Riley Creek culvert foundation needs 2.2.8 Estimate infihratian rates into We sails ®1•111111 N.rth End stormwater ra no i...•t.A i'-0©---0®--©----1111111111.1---- --MIIIIIIIIFEEEIMIIIIMInla�viu I uuu6.rL�u Rx r....x7r.rhi. r lL-_0©---0�_-©0-------- ---�_!i]lVI)V rr�n4x.uti:..n.auyn0•lli0Y.aMIMIII-0©---00--0©--------111•1111413:11111=11=1111111•e met r.iCa section P#IICUIMNMIIIMIM--©-------©-----III.M.IE--- .® 2.2.10 NM Technical aticalema.tindum with geotechnical -- __ --____ recommendations 1 2 12 4 U.ate base ma.tin.4 7 --__-_ - -00-------- -®1111111INIMMIIIIIII Deliverables --_----------------- ■■--®MINIMES Calvert crOssin_Location 21 31 51-60 .111.111111.111Mil --IMINIIIIIIIMMEMINIIIMEMIIIIIIIIIMIIIIMINIMIEN -1111111.1111111111111111.1.11.1- .1.11111111 -2.4.I I -Eeistin -0_---_.__r_ -©0 -�-- 2.4.1.2 South 53 -0_---0 0®----- --®II -Stonnwater runofftreatment..nds --_------_------ -- - m��North End Pond --_----------------- ■■-11111 2.4.2.I Location 50 _0_---MIMMMI0--©0------ - 2.4.2.1.2 -0-_-____r_ 0-_------ -111111=IIIIKER-South End Pond 67 IMIMMIIIIIII_IMIMM--MMMMMIMIIIIIIII.MIIIIIMIIIIIMIOMIM__-- -- - Min��-® . -®----0�--©0 ------ --11,1-®Shape 24 32 4 8 Cul-de-sac -IIIMIIIIIIIIMIIIIIM Shape 1 2 4 --_�-Dram a 67 1 111 8 16 4 B ■■®--Ine t bate Right-of-Way/Easements Acquisition(6') 111 II - ® Sdbror,t xr. � on ■ 1 z 4 4 a 16 --®®®Subtotal Labor Cost S193: $2,841�':,59,625: S1,570 S682 S10,254: S14,716 $5,684 S8,756 S1,424 :$1,047 ,'S3,016 S59,807 Page 1 of ESTIMATED HOURS CLIENT PROJECT SENIOR GEOTEC. GEOTECR SENIOR WATER WATER TRANSPORTATI TRANSPORTATI MUNICIPAL MUNICIPAL MUmcIPALSTAET'STRUCTURAL LEAD } SURVEY ESTIMATEDCOST SERVICEINSTRUMENT OTECH RESOURCES PROJECT TASKS g�yy�� Ox MANAGERMANAGER E INERR ENGINEER LEAD LOG R' E PROJECTLEAP TECHR ENGINEER ENGINEERSTRUL'IU"'L ARCHITECT CHIEF MINIM iecx °nt .... W .,. .. �v ;Y_C.« "' •. q ..„i: m 5` .,,. ,^+PP" e:,4;i'E,..•'g -%a' 0. ., �..x.. ` ",s ar.,�"'�.`. `:.:" _,.`�- .w ...:- �. ,ms> ,.t: .,�r.'..`w?,°' .°Lsa. .,z -_'R. �,y. „" Roadway Horizontal and venical alignment(35) Refine alignments(32) 2 12 8 Station 300+00 to 302+00(56) 2 6 2 2 4 Consider future permitting during design(58) 1 2 Right-of-Way/Easements Acquisition(3)(70) Refine construction limits(30) 2 8 Schematic level rnainin wall deiign(42) II ®.Prairie Road ing showing needed ROW at 10100 Eden a----____ 6 © S --- --_ Prepare legal description ofneeded ROW at 10100 _—____ 2 Ell _—____— --_®_Prepare drawing showing needed easement(19) —a—__----- 6 © 8 __-- - --_EUEI _Prepare legal description of needed easement 03) 1=1111=1111111M111111111MMIIIMMIIIMIIIIIIIIIIIIIIIMEMNIIIIIIIIMIMIIIIMIIMMIIIIIIIIIIIIMINIMEMINIIIIIIIIIIIIIM11111111_®MMIIIMIIIN Pre,are restoration dan -_-------_0--_- ---- __MIRE wetland miti_ation 47 48 49 in.M1111= 11111111MIMMIIMMIIIIMIIIIIIIIM-- ----- --- Provide City ,amount,permanent ,temporary■■■■■■■_■■ 16 Mil_■■■■■■_ -■-■■■ 16 12 2 ■-■■.-■. ®-- -----= --®- 1111.11M. raj®-- ----------M .....:� ®®—mm— —_---------- __- -- ■■®■■r1 -A- r-Nu !tinr ...+.. .. ..n0--------0— --- --- 3.4 Storm water runoff aua � I ■■.■ ■■■■■■■�■■ 2 =1 MI■■■■MI 111....©MINIM___MBINIII©111111=111■11.1=1o_-__ .111.11111.1 ■■■.■ ,, .©�______l_ �___�__� ��©I___�v©��©o=___�__� __— —r4,U vxty.,R IUi.11IIIUUCY1OSII S(GWU_�-0- ©0©----0__---mo .■®M■Stormwater nuroff nd-South End — ------------_---- --- ___ _1I_ --�----- mii:iii. creacuivolvaluate additional infiltration options and locations modeling of culvert crossing(31)(54)(00) 2 40 ■■■��--4■�■■■-■■— ----__ 0---_-___-_-- �_-®� --------- --___—�-- �■�__� • ® Consider MU... Mint durint desitn 59 •1101_ ©=1111 E11111111111111111 � --__ _- Ma 4z m�. a o- � E , �a T r PASILMEEREM 4, .Ei `e f ,4.0„:r`+a .. Ij1�„f :' I h'0"` _ i2 .- �T �s u..,.c`_.k�''Ai,.�. S '.',..:t' "-T:: ': f #4•1 n - t a-ES; -. BEESEffty ri,FqErtkii.ffitEing 0WA20:0'.'T I : r 12.0,r r 102 0. a.;, , ':'' ;; .. t o. f a € sAEZ: i �a2 a "*rFaiMi ■■®■■Title Sheet -■©■■■©�---©-■■■�■■— __®��Detad sheet 60 Page 2 of 5 ESTIMATED HOURS ESTIMATED T PROJECT OT ENGINEER SENIOR WATER URGE ORTAT MUNICIPALMUNICIPALLEAD RURVEV COST SCELI:I MUNINGINEER E'ENGINEER E RCHITECT YURCEV CPE\\' PROJECT TASKS AtAry MANAGERuuu,uuER ENmN LEAD TECH atowctaT oN LRAD TEcx ROEERTr ENGINEER[R RorEci rRT pAL L msrauntEni mono TEcx AGER ENGINEER EROdECT\ ENGINEER ENGINEER ENCINEER ARCHITECt CHIEF OPEMTOR A ENGINEER ENGINEER 4.1.3.5 Erosion control I _ _ 4 4 4.1.4 Removal sheet 1 8 16 4.1.5 Plan and profile sheets — 4.1.5.1 _Street and Sanitary Sewer 4 8 40 4.1.5.2 Storm Sewer and Water Main 4 4 8 40 4.1.6 _ Restoration(41) 4 - — 4 — 4 8 4.1.7 — Erosion control(41) 4 4 4 8 4.1.8 _ _Landscaping(72) I 1 2 24 4.1.9 Signing and striping(40) 1 2 4 4.1.10 Detour,Staging,and Traffic Control(62)(39) I 2 4 4111 Cross sections 28 SO "I LOBED 7B'kf- $3945 $550 82.385.: $1,252 591.?s; $19-99: 8698 .`52"011 f443., 535457x" . '4.2 ._F,,. ...,,? r. S FL�'4n atIt4.rn.i5`., r..,.-,`°� y< a § N y" - x 3 ,era<y' +€� ._s� ,.a., ,� M * ,< � roxv �s}, .am t? a, �. `�.,v,.. 2 ' 4.2.1 Front eud(63) Y a,k_, .,...., .... wz+,ns ._ .. .., a._ �"�� p . C,�.. a?;� ..?;; _ _ ...r.�s� r ��.�n 4.2.2 Special Conditions 4 z 4.2.2,1 Civil 4 6 10 4 16 4.2.2.2 Prepare signing,striping,and traffic control specifications. 8 1 2 1 2 4.2.2.3 Geotechnical 8 1 2 1 2 4.2,3 Proposal Form 1 2 4 2 4.2.4 Form of contract 2 1 2 4.2.5 Performance Bond 4.2.6 Layman Bond 4 2 7 Soils Brings 'Y''«.=„P'; ''"'• .,.:.Ss > 3k:o...' •.: . . . )E . ...#01, 79.E a+. .-',s�,of ations fiaS't'.'t .;�, ,�#,wi,� _ .._..,.�M.`._., .-��. 30,''�. ..;r;.sv a§3.<F:,,. .< .�:�h°, v <a;. ,�.s > -::s :.." 'K,�,'r' ., .c,.rz ,.¥7;; ,�.. ...`s .,k,f i��', a',-..-�.'E '+a 's4 t om'b:�,,i't°x``.'P ` : 4.3.1 Quantity � � � `� - "` 4.3.1.1 Water Main 2 4.3.1.2 Storm Sewer 2 4.3.1.2.1 Culvert 2 1 4.3.1.3 Sanitary Sewer 2 4.3.1,4 Roadway 6 4.3.1.4.1 Earthwork 2 2 4.3.1.4.2 Curb&gutter and paving 2 4.3.2 _ Opinion of Probable Cost 4.3.2.1 Water Main — 2 — 4.3.2.2 Storm Sewer 2 4.3.2.2.1 Culvert — 2 1 4.3.2.3 Sanitary Sewer 2 4.3.2.4 Roadway 8 2 4.3.2.5 Stormwater Management HIPS 4 Su'bt ii7H ttrs'd a Yd0 60 t 1111 �y220 2.0 ..SEbtaIBI L I,or Ctwt r ? $1929 • $715. • Sl 02,:.3$2 4 ^� 349 5.1 '�..f.e ''� coordination ..,', ., ._s ,'_ w__ ' r�_ 3. _, ,d: � . - v. Agency 5.1.1 Riley Creek Watershed District 4 16 16 8 2 4 5.1.2 Dept.of Natural Resources 4 16 16 8 2 4 5.2 NPDES Permit and SWPPP 2 8 2 2 5.3 Prepare Permit Applications 1 8 2 2 5A Water Main Extension Permit 2 2 5.5 Sanagly Sewer Permit 2 2 xl xr+Ut4-5P- * ',EiVegiRnMAM a �t rt - .-- . 6.1 Meeting with Riley eredcWatershed Diatria � � -u,� �-��? ", d,� .� � .��._�` � �� � a�n��i�;: 3 8 8 � 4 I 6.2 Meeting with Dept.of Natural Resources(44) 4 4 4 6.3 Meeting with developers engineer for Hidden Spring, at Hennepin Village(57) 4 4 4 1 6.4 Meeting with Metropolitan Airports Commission 4 4 2 6.5 Meeting with MnDOT 4 6.6 With City Staff(34) 6.6.1 Proiect Kickoff Meeting 4 1 6.6.2 30%Design Review 2 2 4 I I 6.6.3 75%Design Review 4 2 2 4 1 1 6.6.4 90P/o Desien Review 2 2 4 1 1 6 6 5 Final Des pa Re ery 4 2 2 4 1 1 `'"re,,� n "^ t $5`M61i1Hirera d2A � 800 m 3.0,� 24Q':� •t 240 ':� 400 800 d0 - - 9A .v_fv�. -*g16fot Lebo-'•• e S2•1Y: 51,'25�-' $279 52,861'°` 51:874^ z $4.372 $8i543 5356 479'1 594 ' Page 3 of5 ESTIMATED HOURS CLIENT SENIOR SENIOR WATER TRANSPORFATI MUNICIPAL WATER LEAD SURVEY ESTIOATED PROJECTSERVICE 0.E.E. TECH TEN RESOURCES MUNICIPAL MUNICIPAL STAFF STRUCTURAL S COST PROJECT TASKS MANAGER ENGINEER LEAD TECH Rnol.ocnr ON LEAD TECH cNee ENGINEER ENGINEER S'aT 'ARCHITECT CHIEF W opE�rIMOT ADmwiacx ANACEa ENGINEER INEER .fl074, ,y.e n'. xi�i`��'`. �,`�''����'' +e.��'���P=. �". �'�i "� ar "_=,n' e- - '�" ,4���as�*�'`��.`N,� .. "`- .,.,r`�'>.�<*�3_. '`1-Z ',<$`d;r _,...1-1-::14it�,;�-k� 3h.-?�:S'-I•<'�. 7.1 On-line Bidding Document Preparation 4 7.2 Ad for Bids 1 2 7.3 Pre-Bid Meeting 2 4 6 7.4 Respond to Bid Inquires 2 2 7.5 Addendums 1 1 3 1 7.6 Bid Opening I 2 2 2 7.7 Prepare Tabulation of Bids 1 2 7.8 Prepare and Send Bid Documents to Bidders I _ 12 ' Subtotal Hours 1.0 7.0 ,. 9.0 14.0 =�y. n C* "�;,- `+.yam,.yam lSE 21.0 4'a Subtotal Labor Cost $193. $1,105. _ $984. : $1,495 ,+ „t,+ m*x>4':a�R._3.a�*...�+ ) ,/ $1,859 $5,635.: CLIENT SF:HTOR ORWATEA WATER -flUNSPoRTAaa MUNICIPAL MUMCIPAI.M IPAD SERVEV SERVICE PROJECTGEO TECH GEOTECH OTeCH 910LOCISi TMNSPORTATI PROJECT PROJECT CVALSTAFP eTpUCrIRAI. LANDSCAPE SURVEY CREW aY8 DMIN TEC mAN1GaR MANAGER EEEE.„R ENGINEER LEAD Teen FNGMPFe .An TECH UENGINEER ENGINEER ARCHITECT CHIEF ESTIMATED COST PROJECT COST SUMMARY .anrFrr _ PnrrnFra PNmnpeR Prvr.INPPa TFrR ovFa.Araa Hide this row(formulas on embedded in this row) Subtotal Hours 14.0 174.0 96.0 14.0 8.0 50.0 220.0 472.0 40.0 40.0 293.0 504.0 109.0 12.0 40.0 24.0 40.0 40.0 71.0 2,261.0 Subtotal Labor Cost $2,697 S27,460 $13,200 $1,570 $682 54,646 $26,230 $36,947 $3,320 $4,788 $32,026 $53,820 59,700 $2,094 $5,027 $2,283 $4,278 $2,739 $6,285 $239,791 Subtotal SubconsultaRt Expenses(71) $2,885.00 Subtotal Expenses(46) - - - $10,829.04 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: $253,504.73 P:IAEIEIEaenCW2O20WI.OE,MOPas10202021RevueOITHa EP HD 0945 OR.JIelOounaCosI, NOTES Design phase services are based on preliminary roadway and sanitary sewer pipe plan and profile sheets and sheet dated January 10,2008. 2 Design phase services are based on the three(3)preliminary storm water runoff treatment pond locations shown in the sketch dated June 10,2005.Design phase services are also based on the preliminary sizing computations for these 3 ponds also dated June 10,2005. a Negotiation of ROW and easements with private property by the City 4 Add line work for infrastructure recently constructed in the Eden Prairie Road ROW via the latest plats of survey;plan and profile drawings for the sanitary and storm sewer,water main;and site or roadway grading plans for the Reconstruction of Eden Prairie Road nosh of Riley Creek,The Ridge at Riley Creek,Hidden Springs at Hennepin Village, William Small Property,and Cedar Forest Park. J Design phase services are based on preliminary storm sewer and water main pipe;storm sewer catch basin and manhole;and fire hydrant and gate valve locations shown on the plan sheet dated January 10,2008. A City will provide electronic(suitable for insertion into CADD drawings)and paper copies of the latest plats of survey;plan and profile drawings for the sanitary and storm sewer,water main;and site or roadway grading plans for the Reconstruction of Eden Prairie Road north of Riley Creek,The Ridge at Riley Creek,Hidden Springs at Hennepin Village,William Small Property.and Cedar Forest Park. 'Includes reviewing the latest plats of survey;plan and profile drawings for the sanitary and storm sewer,water main;and site or roadway grading plans for the Reconstruction of Eden Prairie Road north of Riley Creek,The Ridge at Riley Creek,Hidden Springs at Hennepin Village,William Small Property,and Cedar Forest Park. a Possible options include swales,etc. T Design phase services are based on wetland boundaries established in October 2001 and reviewed in the field by staff from the City and Riley Creek Watershed District on September 21,2007. IA SEH will prepare a drilling and testing request for proposal for Braun Intertec and review the scope of work with City staff. 1.The cost for drilling and testing is not included in this proposal.Braun Intetec will contract directly with the City for their services. 1i SEH will stake borings in the field,coordinate drilling and testing,perform review of soil samples,and assign laboratory testing. Is Measure critical basement floor elevations that are missing from data supplied by the City. 14 Borings only taken in proposed storm water runoff treatment pond locations at station 296+00 along both the left and right sides of Eden Prairie Road. 10 City will provide all labor and expenses associated with securing Metropolitan Airports Commission land upon which to construct or reconstmct improvements proposed by these design phase services. Is Design a modular block retaining wall between approximately stations 268+20 and 270+70,right. I'Evaluation will be based on Results of Soil Borings and Laboratory Testing for Eden Prairie Road dated March 10,2006 and prepared by Braun Intertec Corporation and results of soil borings from 2.1.1. Is Wtland Conservation Act,Corps of Engineers,MnDNR,and Watershed related permits will be applied for when the City is ready to solicit bids from the community of roadway construction contractors. 10 Drawings needed by City staff for the acquisition of temporary construction easements at 9700,9740,9800,9850,10040,10065 Eden Prairie Road will be based on 8.5811 temporary easement sketches delivered to the City on January 27,2006.ROW acquisition is not needed for them improvements. m Assumes Prospect Road at Eden Prairie Road is open to traffic during street reconstruction. a'Deliverable includes preliminary approval correspondence from Riley Creek Watershed District. 22 Evaluation will be based on results of soil borings and laboratory testing taken in the proposed storm water runoff treatment pond locations at station 296+00 along both the left and right sides of Eden Prairie Road. a The Opinion of Probable Cost dated June 29,2006 assumes the use of a Collector Typical Minimum Roadway Section described by Detail Drawing R-I found in the City's Standard Detail Specifications for Construction,Walkways,and Pavement Restoration revised 3/06.Refinements to the proposed typical section will use the Collector Typical Minimum Roadway Section as its baseline. 24 Evaluate the stability of the embankment between stations 296+00 and 301+00.It is likely that soil correction or removal may be required in this area due to the proposed placement of embankment into wetland arms. 25 Task includes reviewing/revising drainage area delineation and storm sewer pipe sizing for a 10-year scorn. 36 Compaction subcuts were assumed to be necessary prior to the placement of roadway embankment.Refinements to the proposed typical section will determine whether or not these subcuts are necessary. 2'Submitting plans to Municipal State Aid is not included in the scope of this project. 38 Reference drainage areas(from MSA drainage area map)in pipe sizing spreadsheet for future submittal to MSA. Task includes topographic survey where street reconstruction has occurred since 2001 set Based on the outcome of negotiations for temporary construction easements at 9700,9740,9800,9850,Eden Prairie Road by City staff,minor refinements can be made to the construction limits shown on the profile sheets dated January 10,2008.Temporary construction easements at 10040 and 10065 are no longer necessary. J1 Based on the XP-S WMM model for the Lower Valley of Riley Creek received from Bar Engineering June 6,2006. 12 With the exception of adjusting the roadway profile near the proposed culvert to maintain an existing roadway centerline low point elevation of 772.60 feet,assume the horizontal and vertical roadway alignment is generally complete and major adjustments are not included in the scope of this project. 33 This task assumes Eden Prairie Road's closure during box culvert construction and Prospect Road open to local traffic.At other times,it is assumed that the road will be signed as closed to thru traffic,local traffic will he allowed on a gravel surface.See note 39. 1A Meeting will only be with City staff State Aid design criteria of 35 miles per hour design speed is desired,but 30 miles per hour design speed may be substituted to better suit the improvements. Page 4 of 5 Jt This tank includes assessing the impact of mixing together material from trench and road subgrade excavations. Assumes Bidding Assistance occurs before July 31,2009. 's Drainage area map will be submitted to MSA in the future. Staging and traffic control plans will be prepared for Eden Prairie Road's closure during box culvert construction. °U Labor for this task is included in task 3.1.5. °1 These plans will be incorporated into the roadway plan and profile sheets. 02 If necessary and based on the outcome of negotiations for temporary contraction easements at 9700,9740,9800,9850,10040,10065 Eden Prairie Road by City staff,provide schematic level design for the height and length of modular block retaining walls to minimize the impacts of roadway reconstruction at each of these residences. Prepare legal descriptions for the acquisition of temporary construction easements at 9700,9740,9800,9850,Eden Prairie Road.Temporary contraction easements at 10040 and 10065 Eden Prairie Road are no longer necessary.ROW acquisition is not needed for these improvements. °1 Includes up to two(2)meetings .Not Used. °s Reimbursable expenses include printing deliverables,printing and mailing bid documents,survey equipment and mileage,non-survey related mileage,and permit fees Assume that mitigation cannot be done on-site for proposed damage near Riley Creek due to Metropolitan Airports Commission ownership of land surrounding Riley Creek at Eden Prairie Road. 's Assume that the City will use existing or purchase new wetland credits to mitigate wetlands damaged by this project. °9 City will not undertake applying its existing or purchasing new wetland credits until they are ready to solicit bids from the community of roadway construction contractors. Size proposed storm water runoff treatment pond locations at station 296+00 along both the left and right sides of Eden Prairie Road. Not Used ax Pond sizing accounts for the amount of storm water runoff that will infiltrate into the ground through the bottom of the pond. s'Location per the Barr Engineering graphic dated June 13,2007. 54 The XP-SWMM model for the Lower Valley of Riley Creek received from Barr Engineering June 6,2006 is based on existing conditions and its flows may change depending on what is done to the outlet at Lake Riley. ss Before using the model we will contact Barr Engineering regarding changed conditions in the model since June 2006. 56 Extend the proposed horizontal and vertical alignment between stations 300+00 and 302+00 to meet reconstruction finished in 2002 as part of the Reconstruction of Eden Prairie Road to Pioneer Trail. 57 Discuss flow,velocity,and volume of stone water runoff entering Hidden Springs at Hennepin Village through the storm sewer pipe proposed at about station 285+70,30'right.Developer's engineer will use this data to size Ponds A and Bin Hidden Springs at Hennepin Village to accommodate this storm water runoff. is Project will be designed with consideration of future permitting needs including wetland sequencing,wetland mitigation,and floodplain creation. es Includes coordination with Reiley Creek Watershed and Minnesota Department of Natural Resources for creek crossing. w Includes pond outlet structure details. 61 FEMA involvement is not expected as part of this task.This includes hydraulic modeling of a stream realignment and details of restoration of the stream. .Labor for this task is included in task 3.1.6. a Includes cover/certification,index,notice to contractors,instructions to bidders,general conditions,and all 4 standard detail specifications. 6°The cost for drilling and testing is not included in this proposal.Braun Intertec will contract directly with the City for their services. . 01 SEH will prepare one(1)drilling and testing request for proposal for Braun Intenec and review the scope of work with City staff.Two-phase drilling program is not included. 'as Size proposed storm water runoff treatment pond location in the near vicinity of the proposed cul-de-sac. ar Assumes drainage from the proposed cul-de-sac into the proposed stone sewer at station 266+00 is not feasible. as Not Used es Deliverable is a table with area of required ROW and/or easement per MD. r0 Task begins following preliminary design.The City will inform SEH when preliminary design is complete and when to begin final design "Suede Land Surveying,LLC will prepare this legal description as a aubconsultant to SEH.Their fee is included in the Expenses given at the end of this task hour budget. n Based on the City's Tree Preservation Ordinance Page 5 of5 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 2, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Sue Kotchevar, Office of the Approve Veterans Memorial Grant City Manager Agreement with the State of Minnesota Requested Action Move to: Approve Veterans Memorial Grant Agreement with the State of Minnesota Synopsis As part of the 2008 capital bonding bill, the City of Eden Prairie was allotted $100,000 for the Veterans Memorial to be constructed in Purgatory Creek Recreation Area. The State of Minnesota requires a grant agreement between the City and the State. Attachments Grant Agreement General Obligation Bond Proceeds Grant Agreement - End Grant for the Eden Prairie Veterans Memorial Project Generic GO Bond Proceeds Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 [THIS PAGE WAS INTENTIONALLY LEFT BLANK] Generic GO Bond Proceeds Ver—7/15/08 Grant Agreement for End Grants (Gnre GO GA-End Grnt) August 28,2008 TABLE OF CONTENTS RECITALS 1 Article I - DEFINITIONS Section 1.01 —Defined Terms 2 Article II - GRANT Section 2.01 —Grant of Monies 5 Section 2.02—Public Ownership 5 Section 2.03 —Use of Grant Proceeds 6 Section 2.04—Operation of the Real Property and Facility 7 Section 2.05 —Public Entity Representations and Warranties 8 Section 2.06—Leasehold Ownership 10 Section 2.07—Event(s) of Default 12 Section 2.08—Remedies 13 Section 2.09—Notification of Event of Default 13 Section 2.10—Effect of Event of Default 13 Section 2.11 —Termination/Modification of Grant 14 Article III—USE CONTRACTS Section 3.01 —General Provisions 14 Section 3.02—Initial Term and Renewal 16 Section 3.03 —Reimbursement of Counterparty 16 Section 3.04—Receipt of Monies Under a Use Contract 17 Article IV— SALE Section 4.01 —Sale 17 Section 4.02—Proceeds of Sale 18 Article V—COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER Section 5.01 —State Bond Financed Property 19 Section 5.02—Preservation of Tax Exempt Status 19 Section 5.03 —Changes to G.O. Compliance Legislation or the Commissioner's Order 20 Article VI—DISBURSEMENT OF GRANT PROCEEDS Section 6.01—Disbursement of Grant 20 Section 6.02—Condition Precedent to Disbursement of Grant 20 Article VII- MISCELLANEOUS Section 7.01 —Insurance 22 Section 7.02—Condemnation 23 Section 7.03 —Use, Maintenance, Repair and Alterations 24 Section 7.04—Records Keeping and Reporting 25 Generic GO Bond Proceeds 1 Ver—7/15/08 Grant Agreement for End Grants (Gore GO GA-End Grnt) August 28,2008 Section 7.05 —Inspections by State Entity 25 Section 7.06—Data Practices 25 Section 7.07—Non-Discrimination 25 Section 7.08—Worker's Compensation 26 Section 7.09—Antitrust Claims 26 Section 7.10—Review of Plans and Cost Estimates 26 Section 7.11 —Prevailing Wages 28 Section 7.12—Liability 28 Section 7.13 —Indemnification by the Public Entity 28 Section 7.14—Relationship of the Parties 29 Section 7.15 —Notices 29 Section 7.16—Binding Effect and Assignment or Modification 30 Section 7.17—Waiver 30 Section 7.18—Entire Agreement 30 Section 7.19—Choice of Law and Venue 30 Section 7.20—Severability 30 Section 7.21 —Time of Essence 31 Section 7.22—Counterparts 31 Section 7.23 —Matching Funds 31 Section 7.24— Source and Use of Funds 31 Section 7.25 —Third-Party Beneficiary 32 Section 7.26—Public Entity Tasks 32 Section 7.27—State Entity and Commissioner Required Acts and Approvals. 32 Section 7.28—Applicability to Real Property and Facility 32 Section 7.29—Additional Requirements 33 Attachment I—DECLARATION 35 Attachment II—LEGAL DESCRIPTION OF REAL PROPERTY 37 Attachment III— SOURCE AND USE OF FUNDS 39 Generic GO Bond Proceeds 11 Ver—7/15/08 Grant Agreement for End Grants (Gore GO GA-End Grnt) August 28,2008 General Obligation Bond Proceeds Grant Agreement - End Grant for the Eden Prairie Veterans Memorial Project THIS AGREEMENT shall be effective as of , _, and is between the City of Eden Prairie, a statutory city (the "Public Entity"), and the Department of Administration (the "State Entity"). RECITALS A. Under the provisions contained in Minnesota Statute Section 412.221, Subd. 2, the Public Entity has been given the authority to make such contracts as may be deemed necessary or desirable to make effective any power possessed by the City Council of the Public Entity; and B. Under the provisions contained in Minnesota Session Laws 2008, Chapter 179, Section 19, Subd. 6, (the "GO Bonding Legislation") the State of Minnesota has allocated $100,000 (the "Grant"), which is to be given to the Public Entity as a grant to assist it in the construction of a veterans memorial as authorized by such legislation; and C. Under the provisions contained in Minnesota Statute Section 412.491, the Public Entity has been given the authority to improve, ornament, maintain, and manage its park property; (the "Governmental Program") and D. The monies allocated to fund the grant to the Public Entity are proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution; and E. The Public Entity's receipt and use of the Grant to acquire and/or improve real property (the "Real Property") and, if applicable, structures situated thereon (the "Facility") will cause all of such real property and structures to become "state bond financed property", as such term is used in Minn. Stat. § 16A.695 (the "G.O. Compliance Legislation") and in that certain "Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the then Commissioner of Finance on July 20, 1995 (the "Commissioner's Order"), even though such funds may only be a portion of the funds being used to acquire and/or improve the Real Property and, if applicable, Facility and that such funds may be used to only acquire and/or improve a part of the Real Property and/or, if applicable, Facility. F. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Public Entity, and the operation of the Real Property and, if applicable, Facility. Generic GO Bond Proceeds 1 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: "Agreement" - means this General Obligation Bond Proceeds Grant Agreement End Grant for the Eden Prairie Veterans Memorial Project. "Approved Debt"—means public or private debt that is consented to and approved, in writing, by the Commissioner, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. "Code" - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Commissioner" - means the commissioner of the Minnesota Department of Finance, and any designated representatives thereof. "Commissioner's Order" - means that certain "Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the then Commissioner of Finance on July 20, 1995. "Counterparty" - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. "Declaration" - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity's interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. Generic GO Bond Proceeds 2 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 "Event of Default" - means one or more of those events delineated in Section 2.07. "Facility", if applicable, - means Veterans Memorial , which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the Grant. "Fair Market Value" — means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. "GO Bonding Legislation" — means the legislation delineated in Recital B hereinabove. "G.O. Bonds" - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Grant and any bonds issued to refund or replace such bonds. "G.O. Compliance Legislation" - means Minn. Stat. § 16A.695 as such may be subsequently be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. "Governmental Program" — means the operation of the Real Property and, if applicable, Facility for the purpose specified and identified in Recital C of this Agreement as the Governmental Program. "Grant" - means a grant of monies from the State Entity to the Public Entity in the amount identified as the "Grant" in Recital B to this Agreement, as the amount thereof may be modified under the provisions contained in Sections 2.11 and 6.01. "Initial Acquisition and Betterment Costs" — means the cost to acquire the Public Entity's ownership interest in Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. "Leased Premises" - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is by way of a leasehold interest under a Real Property/Facility Lease. For all other circumstances this definition is not needed and should be ignored and treated Generic GO Bond Proceeds 3 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 as if were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. "Lessor" —means the fee owner/lessor of the Leased Premises. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease. For all other circumstances this definition is not needed and should be ignored and treated as if were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. "Outstanding Balance of the Grant" — means the portion of the Grant that has been disbursed to or on behalf of the Public Entity minus any amounts received by the Commissioner under Section 2.08.B. "Ownership Value", if any — means the value of the Public Entity's ownership interest, if any, in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity's execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the State Entity and the Commissioner. The parties hereto agree and acknowledge that such value is $ or Not Applicable; provided, however, the Commissioner is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank"Not Applicable" is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank "Not Applicable" should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity's ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). "Project" - means the Public Entity's acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03 herein. (If the Public Entity is not using any portion of the Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section 1.01.) "Public Entity" - means the entity identified as the "Public Entity" in the lead-in paragraph of this Agreement. "Real Property" - means the real property located in the County of Hennepin, State of Minnesota, legally described in Attachment II to this Agreement. "Real Property/Facility Lease" - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, Generic GO Bond Proceeds 4 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 the Facility, if applicable, or both is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. "State Entity" - means the entity identified as the "State Entity" in the lead-in paragraph of this Agreement. "Subsequent Betterment Costs"—means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by the State Entity and the Commissioner. "Use Contract" - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property and/or, if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. "Useful Life of the Real Estate and, if applicable, Facility" — means (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments delineated in Attachment III attached hereto for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the Grant to the Public Entity, and disburse the proceeds in accordance with the provisions of this Agreement. The Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Estate and, if applicable, Facility must be owned by one or more public entities. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the State Entity that it has, or will acquire, the following ownership interests in the Generic GO Bond Proceeds 5 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. © Fee simple ownership of the Real Property. A Real Property/Facility Lease for the Real Property that complies with the requirements contained in Section 2.06. [If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation at this point .] An easement for the Real Property (i)that is in form and substance acceptable to the State Entity and the Commissioner, (ii) that is for a term that is equal to or greater than 125% of the Useful Life of the Real Estate and, if applicable, Facility, or for a term authorized by a Minnesota statute, rule or session law, and (iii) which cannot be modified, restated, amended, changed in any other way, or prematurely cancelled or terminated without the prior written consent of the State Entity and the Commissioner. [If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation at this point .] Ownership Interest in, if applicable, the Facility. El Fee simple ownership of the Facility. El A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. [If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation at this point .] Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the Grant for any other purpose. (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property. Generic GO Bond Proceeds 6 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 ❑ Acquisition of a leasehold interest in the Real Property. ❑ Acquisition of an easement for the Real Property. ❑ Improvement of the Real Property. ❑ Acquisition of fee simple title to the Facility. ❑ Acquisition of a leasehold interest in the Facility. ❑ Construction of the Facility. ❑ Renovation of the Facility. ❑ • (Describe other or additional purposes.) Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used for the operation of the Governmental Program or for such other use as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the State Entity and the Commissioner and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that; (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner certified copies of such resolution and budget. Generic GO Bond Proceeds 7 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that; (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the State Entity and the Commissioner certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Grant for the purpose or purposes described in Recital B of this Agreement. C. It has legal authority to operate the Governmental Program. D. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation and the Commissioner's Order. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Grant, and all of the information it has submitted or will submit to the Generic GO Bond Proceeds 8 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 State Entity or Commissioner relating to the Grant or the disbursement of any of the Grant is and will be true and correct. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J. The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project has been or will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract. P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will not, without the prior written consent of the State Entity and the Commissioner, allow any voluntary lien or encumbrance or involuntary lien or Generic GO Bond Proceeds 9 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity's interest in the Real Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity's interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. R. It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Estate and, if applicable, Facility, and it does not expect to sell such ownership interest. S. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Grant to complete and fully pay for the Project. U. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the State Entity or the Commissioner. Section 2.06 Leasehold Ownership. This Section shall only apply if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease. For all other circumstances this Section is not needed and should be ignored and treated as if were left blank, and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease must comply with the following provisions. 1. It must be in form and contents acceptable to the State Entity and the Commissioner, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the State Entity and the Commissioner. Generic GO Bond Proceeds 10 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Estate and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof 5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 6. It must not contain any provisions that would limit or impair the Public Entity's operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7. It must contain a provision that prohibits the Lessor from creating or allowing, without the prior written consent of the State Entity and the Commissioner, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased Premises or the Lessor's interest in the Real Property/Facility Lease, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease as if such holder had been an original Lessor under the Real Property/Facility Lease. 8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease. 9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease, and that such use restrictions will terminate and not apply to any successor lessee who purchases the Public Entity's interest in the Real Property/Facility Lease. B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Generic GO Bond Proceeds 1 1 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Lease that are not inconsistent with or contrary to the requirements contained in this Section. C. The expiration of the term of a Real Property/Facility Lease shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the Grant, and upon such expiration the Real Property and, if applicable, Facility shall no longer be subject to this Agreement. D. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the State Entity and the Commissioner, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner giving the Public Entity 30 days written notice of such event and the Public Entity's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing,by the State Entity and the Commissioner. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to disburse any of the Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, term, condition, covenant or warranty contained in the G.O. Compliance Legislation or the Commissioner's Order. D. If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the State Entity and the Commissioner, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner giving the Public Entity written notice of such event. Generic GO Bond Proceeds 12 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Grant; provided, however, the State Entity may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default does not involve a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner. D. Either the State Entity or the Commissioner, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the State Entity and/or the Commissioner, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the State Entity and the Commissioner, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Effect of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only be terminated upon the Public Entity's sale of its interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner Generic GO Bond Proceeds 13 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 in compliance with the provisions contained in Section 4.02, or in accordance with the provisions contained in Section 2.11. Section 2.11 Termination/Modification of Grant. If the full amount of the Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement or such later date to which the Public Entity and the State Entity may agree in writing, then the State Entity's obligation to fund the Grant shall terminate. In such event, (i) if none of the Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding for the Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity's sale of its interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity's ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. Article III USE CONTRACTS This Article III and its contents is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate any portion of the Real Property, and if applicable, Facility. For all other circumstances this Article III and it contents is not needed and should be ignored and treated as if were left blank, and any reference to this Article III, its contents, and the term Use Contract in this Agreement shall be ignored and treated as if the references did not exist. Section 3.01 General Provisions. If the Public Entity has statutory authority to enter into a Use Contract, then it may enter Use Contracts for various portions of the Real Property and, if applicable, Facility; provided that each and every Use Contract that the Public Entity enters into must comply with the following requirements: A. The purpose for which it was entered into must be to operate the Governmental Program. B. It must contain a provision setting forth the statutory authority under which the Public Entity is entering into such contract, and must comply with the substantive and procedural provisions of such statute. Generic GO Bond Proceeds 14 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 C. It must contain a provision stating that it is being entered into in order for the Counterparty to operate the Governmental Program and must describe such program. D. It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Counterparty to provide to the Public Entity; (i) an initial program evaluation report for the first fiscal year that the Counterparty will operate the Governmental Program, (ii) program budgets for each succeeding fiscal year showing that forecast program revenues and additional revenues available for the operation of the Governmental Program (from all sources) by the Counterparty will equal or exceed expenses for such operation for each succeeding fiscal year, and (iii) a mechanism under which the Public Entity will annually determine that the Counterparty is using the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the Governmental Program. E. It must allow for termination by the Public Entity in the event of a default thereunder by the Counterparty, or in the event that the Governmental Program is terminated or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. F. It must terminate upon the termination of the statutory authority under which the Public Entity is operating the Governmental Program. G. It must require the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs. H. If the Public Entity pays monies to a Counterparty under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use Contract does not result in"private business use"under Section 141(b) of the Code. I. It must be approved, in writing, by the State Entity and the Commissioner, and any Use Contract that is not approved, in writing, by the State Entity and the Commissioner shall be null and void and of no force or effect. J. It must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner, take such actions and furnish such documents to the Commissioner as the Commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. K. It must contain a provision that prohibits the Counterparty from creating or allowing, without the prior written consent of the State Entity and the Commissioner, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Real Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract, whether such Generic GO Bond Proceeds 15 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner will consent, in writing, to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract in the manner specified in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity's interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. L. If the amount of the Grant exceeds $200,000.00, then it must contain a provision requiring the Counterparty to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, for the term of the Use Contract. Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not exceed the lesser of(i) 50% of the Useful Life of the Real Estate and, if applicable, Facility for the portion of the Real Estate and, if applicable, Facility that is the subject of the Use Contract, or (ii) the shortest term of the Public Entity's ownership interest in the Real Property and, if applicable, Facility. A Use Contract may allow for renewals beyond its initial term on the conditions that (i) the term of any renewal may not exceed the initial term, (ii) the Public Entity must make a determination that renewal will continue to carry out the Governmental Program and that the Counterparty is suited and able to perform the functions contained in Use Contract that is to be renewed, (iii) the Use Contract may not include any provisions that would require, either directly or indirectly, the Public Entity to either make the determination referred to in this Section or to renew the Use Contract with the Counterparty after the expiration of the initial term or any renewal term, and (iv) no such renewal may occur prior to the date that is 6 months prior to the date on which the Use Contract is scheduled to terminate. Provided, however, notwithstanding anything to the contrary contained herein the Public Entity's voluntary agreement to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty is not deemed to be a provision that directly or indirectly requires the Public Entity to renew such Use Contract. Section 3.03 Reimbursement of Counterparty. A Use Contract may but need not contain, at the sole option and discretion of the Public Entity, a provision that requires the Public Entity to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Generic GO Bond Proceeds 16 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Counterparty. If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to by the Public Entity and the Counterparty. Section 3.04 Receipt of Monies Under a Use Contract. If the Public Entity receives any monies under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest, redemption premiums, and other expenses on Approved Debt, then a portion of such excess monies must be paid by the Public Entity to the Commissioner. The portion of such excess monies that the Public Entity must and shall pay to the Commissioner shall be determined by the Commissioner, and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess monies by a fraction the numerator of which is the Grant and the denominator of which is sum of the Grant and the Approved Debt. Article IV SALE Section 4.01 Sale. The Public Entity shall not sell its interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A. The Public Entity determines, by official action, that the Real Property and, if applicable, Facility is no longer usable or needed for the operation of the Governmental Program, which such determination may be based on a determination that the Real Property or, if applicable, Facility is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Commissioner has been obtained. The acquisition of the Public Entity's interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity's interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. The Public Entity may participate in any public auction of its interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the Generic GO Bond Proceeds 17 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the Governmental Program. Section 4.02 Proceeds of Sale. Upon the sale of the Public Entity's interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale, but not including the repayment of any debt associated with the Public Entity's interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner in an amount equal to the Outstanding Balance of the Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Grant then all of such net proceeds shall be distributed to the Commissioner. B. The remaining portion, after the distribution specified in Section 4.02.A, shall be distributed to pay in full any outstanding Approved Debt in the order of priority of such debt. C. The remaining portion, after the distributions specified in Sections 4.02A and B, shall be distributed to (i) reimburse the Public Entity for its Ownership Value, and (ii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution, the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing. D. The remaining portion, after the distributions specified in Sections 4.02.A, B and C, shall be divided and distributed to the State Entity and the Public Entity in proportion to the contributions that the State Entity and the Public Entity made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the State Entity shall be made to the Commissioner, and the Public Entity may direct its distribution to be made any other entity including, but not limited to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner, and no such disbursements shall be made without such consent. The Public Entity shall not be required to pay or reimburse the State Entity or the Commissioner for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the Grant. Generic GO Bond Proceeds 18 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity's interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, "state bond financed property", as such term is used in the G.O. Compliance Legislation and the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity's interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest the Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and"replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. B. It will deposit into and hold all of the Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the GO Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty that could cause the interest on the GO Bonds to no longer be tax exempt and upon direction from the Commissioner, take such actions and furnish such documents as the Commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either; (i) compliance with proceedings intended to classify the G.O. Bonds as a "qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-1 CB 632, or (iii) changing the nature_of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an "unrelated trade or business" or for any "private business use" (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor otherwise omit, take, or cause to be taken any action necessary to maintain such tax exempt status, and if it should Generic GO Bond Proceeds 19 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner's Order. In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner's Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 Disbursement of Grant. Upon compliance with all of the conditions delineated in Section 6.02, the State Entity shall disburse the Grant to the Public Entity in one lump sum. Under no circumstance shall the State Entity be required to disburse funds in excess of the amount requested by the Public Entity under the provisions contained in Section 6.02.A even if the amount requested is less than the amount of the Grant delineated in Section 1.01. If the amount of Grant that the State Entity disburses hereunder to the Public Entity is less than the amount of the Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the State Entity's obligation to disburse any of the Grant shall terminate as of the date specified in such Section even if the entire Grant has not been disbursed by such date. The Grant shall only be for expenses that (i) are for those items of a capital nature delineated in Attachment III to this Agreement, (ii) accrued no earlier than the effective date of the GO Bonding Legislation, or (iii) have otherwise been consented to, in writing, by the Commissioner. Section 6.02 Condition Precedent to Disbursement of Grant. The obligation of the State Entity to disburse the Grant to the Public Entity is subject to the following conditions precedent: A. The State Entity shall have received a request for disbursement of the Grant specifying the amount of funds being requested, which such amount shall not exceed the amount of the Grant delineated in Section 1.01. B. The State Entity shall have received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. Generic GO Bond Proceeds 20 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has fully and completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23 and that all of such matching funds, if any, have been expended for the Project. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project was completed in a manner that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04, which requirement may be satisfied by a certificate of occupancy or such other equivalent document from the municipality in which the Real Property is located. Generic GO Bond Proceeds 21 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 K. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the insurance requirements under Section 7.01 have been satisfied. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that; (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.0 have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair of the Minnesota House of Representatives Capital Investment Committee has, if required, been notified pursuant to Section 7.10.G. N. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. O. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity or by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State Entity and shall name the State Entity as loss payee thereunder. If damages which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either; (i) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (ii) sell its interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity's interest in the Real Property and Facility had Generic GO Bond Proceeds 22 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity's interest in the Real Property and Facility. If the Public Entity elects to sell its interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The State Entity agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity named as an additional named insured therein. At the written request of either the State Entity or the Commissioner, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature and any funds expended by the State Entity to obtain or maintain such insurance shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the State Entity to obtain or maintain such insurance, and the State Entity's decision to not obtain or maintain such insurance shall not lessen the Public Entity's duty to obtain and maintain such insurance. Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either; (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity's interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the Generic GO Bond Proceeds 23 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 ultimate sale of the Public Entity's interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefore, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity's interest in the Real Property and, if applicable, Facility, is a leasehold interest, and (vi) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use agreement. The Public Entity shall not, without the written consent of the State Entity and the Commissioner, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the Governmental Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. Generic GO Bond Proceeds 24 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18%per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, and the Commissioner's Order, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State Entity to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully Generic GO Bond Proceeds 25 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker's Compensation. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181 Subd. 2 & 176.182 that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner all claims it may have for over charges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply with all applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Public Entity and the State Entity agree to comply with the following provisions and requirements if such provisions and requirements are applicable. A. The Public Entity shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. B. Prior to its proceeding with design activities for the Project the Public Entity shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then the Public Entity shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair of the Minnesota House of Representatives Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be Generic GO Bond Proceeds 26 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D. The Public Entity must notify the Chairs of the Minnesota State Senate Finance Committee, the Minnesota House of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee of any significant changes to the program plan and cost estimates referred to in Section 7.10.C. E. The program plan and cost estimates referred to in Section 7.10.0 must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, and all rules adopted thereunder. F. If any of the Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 7.10.B and the program plan and cost estimates referred to in Section 7.10.0 must include provisions for cost- effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs of the Minnesota State Senate Finance Committee, the Minnesota House of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee that the work to be performed is ready to begin. H. The Project must be; (i) substantially completed in accordance with the program plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the time schedule contained in the program plan referred to in Section 7.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 7.10.C. Provided, however, the provisions and requirements contained in this Section only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, rails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from Generic GO Bond Proceeds 27 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 time to time, ice arenas, local government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construction cost of less than $750,000.00. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time with respect to the Project and the operation of the Governmental Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the Governmental Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof The liability of the State Entity and the Commissioner is governed by the provisions contained in Minn. Stat. § 3.736 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. If the Public Entity is a "municipality" as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys' fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the Commissioner, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. Generic GO Bond Proceeds 28 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 The Public Entity's liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the State Entity, or the Commissioner, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of either the State Entity, the Commissioner, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with either the State Entity, the Commissioner, or the State of Minnesota and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of either the State Entity, the Commissioner, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from either the State Entity, the Commissioner, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: City of Eden Prairie 8080 Mitchell Road Eden Prairie , MN 55344 Attention: Scott H. Neal To the State Entity at: Department of Administration 50 Sherburne Avenue, Room 200 Saint Paul , MN 55155 Generic GO Bond Proceeds 29 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Attention: Lenora Madigan To the Commissioner at: Minnesota Department of Finance 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of either the Public Entity, the State Entity, or the Commissioner, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted,performed, and enforced as if the invalid provision did not appear herein. Generic GO Bond Proceeds 30 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the Project: NONE Any matching funds which are intended to meet the above requirements must either be in the form of(i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to the Commissioner whatever documentation the Commissioner may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner. Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity and the Commissioner that Attachment III to this Agreement is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down amongst the following categories: (i) State funds including the Grant, identifying the source and amount and of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. Generic GO Bond Proceeds 31 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses may only be included as a source of funds and included in Attachment III if such items have been approved, in writing,by the Commissioner.. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the State Entity and the Commissioner a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner may request to support or explain any of the information contained in Attachment III to this Agreement. The value of the Public Entity's ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III to this Agreement if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. Section 7.25 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner, is and shall be a third-party beneficiary of this Agreement. Section 7.26 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.27 State Entity and Commissioner Required Acts and Approvals. The State Entity and the Commissioner shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 7.28 Applicability to Real Property and Facility. This Agreement applies to the Public Entity's interest in the Real Property and if a Facility exists to the Facility. The term "if applicable" appearing in conjunction with the term "Facility" is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity's interest in the Real Property. Generic GO Bond Proceeds 32 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Section 7.29 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. The City of Eden Prairie may request reimbursement for grant expenditures that were incurred following the final date of enactment of the Laws of 2008, Chapter 179 and before execution of the grant agreement. [THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] Generic GO Bond Proceeds 33 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement End Grant for the Eden Prairie Veterans Memorial Project on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: The City of Eden Prairie_ , a Statutory City By: Its: Dated: , And: Its: Dated: , STATE ENTITY: The Department of Administration , By: Lenora Madigan Its: Financial Management Director Dated: , Generic GO Bond Proceeds 34 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Attachment I to Grant Agreement DECLARATION The undersigned has the following interest in the real property legally described in Exhibit A attached and all facilities situated thereon (cumulatively referred to as the "Restricted Property"): (Check the appropriate box.) 0 a fee simple title, a lease, or an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. § 16A.695 that exists as of the effective date of the grant agreement identified in B hereinbelow, is subject to the encumbrance created and requirements imposed by such statutory provision, and cannot be sold or otherwise disposed of by the public officer or agency which has jurisdiction over it or owns it without the approval of the commissioner of the Minnesota Department of Finance , which approval must be evidenced by a written statement signed by said commissioner and attached to the deed or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain General Obligation Bond Proceeds Grant Agreement - End Grant FOR THE EDEN PRAIRIE VETERANS MEMORIAL PROJECT BETWEEN CITY OF EDEN PRAIRIE AND THE DEPARTMENT OF ADMINISTRATION , DATED , The Restricted Property shall remain subject to such restrictions and encumbrances until it is released therefrom by way of a written release in recordable form signed by both the Department of Administration and the commissioner of the Minnesota Department of Finance, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the commissioner of the Minnesota Department of Finance. Generic GO Bond Proceeds 35 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY. The non-platted portions of Section 15-116-22 and Section 14-116-22 in Hennepin County (Eden Prairie) described as: THAT PART OF E 1/2 OF NE 1/4 OF SEC 15 AND OF W 1/2 OF NW 1/4 OF SEC 14 AND OF OUTLOT A FLAGSHIP ADDN DESC AS COM AT NELY COR OF SAID OUTLOT A TH ON AN ASSUMED BEARING OF N 55 DEG 52 MIN 37 SEC W ALONG SWLY LINE OF PRAIRIE CENTER DR 175.71 FT TO ACTUAL PT OF BEG TH S 34 DEG 07 MIN 23 SEC W 600 FT TH N 53 DEG 09 MIN 57 SEC W 453.53 FT TH N 44 DEG 04 MIN 04 SEC E 600 FT TO SWLY LINE OF PRAIRIE CENTER DR TO SELY ALONG SWLY LINE THOF TO BEG Generic GO Bond Proceeds 36 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY The non-platted portions of Section 15-116-22 and Section 14-116-22 in Hennepin County (Eden Prairie) described as: THAT PART OF E 1/2 OF NE 1/4 OF SEC 15 AND OF W 1/2 OF NW 1/4 OF SEC 14 AND OF OUTLOT A FLAGSHIP ADDN DESC AS COM AT NELY COR OF SAID OUTLOT A TH ON AN ASSUMED BEARING OF N 55 DEG 52 MIN 37 SEC W ALONG SWLY LINE OF PRAIRIE CENTER DR 175.71 FT TO ACTUAL PT OF BEG TH S 34 DEG 07 MIN 23 SEC W 600 FT TH N 53 DEG 09 MIN 57 SEC W 453.53 FT TH N 44 DEG 04 MIN 04 SEC E 600 FT TO SWLY LINE OF PRAIRIE CENTER DR TO SELY ALONG SWLY LINE THOF TO BEG Generic GO Bond Proceeds 37 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 [THIS PAGE WAS INTENTIONALLY LEFT BLANK] Generic GO Bond Proceeds 38 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Entity Supplying Funds Amount Identity of Items Amount State Funds Ownership Acquisition State GO Grant $100,000 and Other Items Paid for State GF Grant $ with GO Grant Funds Other Purchase of Ownership $100,000 $ Interest $ Other Items of a Capital $ Nature Sub-Total $100,000 $ Matching Funds $ $ Sub Total $100,000 Sub Total $100,000 Items Paid for with Non-GO Grant Funds $401,000 Other Public Entity Funds $ $ $ $ $ Sub-Total Sub Total $ Loans Sub-Total $ Other Funds $401,000 Sub-Total $ - Prepaid Project Expenses Sub-Total $ TOTAL FUNDS $501,000 TOTAL PROJECT $-501,000 COSTS Generic GO Bond Proceeds 39 Ver—7/15/08 Grant Agreement for End Grants (Gnrc GO GA-End Grnt) August 28,2008 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 2, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Rob Reynolds/Chief of Approve Resolution Authorizing Police/Police Execution of Grant Agreement for Safe & Sober Project Requested Action Move to: Approve grant agreement with the Minnesota Department of Public Safety for the Safe and Sober Communities project for the next year(October 1, 2008 through September 30, 2009). Synopsis The Eden Prairie Police Department seeks approval to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled Safe and Sober Communities during the period from October 1, 2008 through September 30, 2009. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2007-68 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BE IT RESOLVED that the Eden Prairie Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2008 through September 30, 2009. BE IT FURTHER RESOLVED that the Chief of Police of Eden Prairie is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Eden Prairie Police Department. BE IT FURTHER RESOLVED that the Chief of the Bloomington Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the Eden Prairie Police Department. ADOPTED by the Eden Prairie City Council on September 2, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 2, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Eugene A. Dietz Professional Services Agreement for Public Works Third Phase of I & I Study Requested Action Move to: Approve amendment to the Professional Services Agreement with SEH, Inc. to perform the third phase of the ongoing I & I Abatement Project in the amount of $309,600. Synopsis As discussed with City Council at the September 2 workshop, these services will focus on a pilot program to identify the programs and techniques that will cost effectively remove infiltration and inflow (I & I) from the system. Background Information Metropolitan Council Environmental Services (MCES) has mandated that the City remove excessive amounts of I & I, which is generally clean groundwater or storm water entering into the sanitary sewer system. Through a study process, MCES has determined that it is more cost effective to require cities to remove I & I rather than to rebuild and increase the pipe sizes of the interceptor system and/or increase the capacity of the sewage treatment plants to treat the I & I. To "encourage" cities that they have determined to be high I & I contributors, MCES has instituted a surcharge program. The City of Eden Prairie is subject to an annual $550,000 surcharge if we do not proceed with plans and activities resulting in I & I abatement. The work plan for SEH is a pilot program that will target specific areas that were determined to have high amounts of I & I during the flow monitoring period over the past two years. Some of the work, such as smoke testing and public education, will commence immediately. Whereas, staff will bring a finalized version of an Ordinance that prohibits properties from introducing I & I into the system to the September 16 meeting for First Reading. After Second Reading and proper publication, assuming City Council adopts the Ordinance, SEH will commence with home inspections to include inspecting for sump pump connections and failed service lines. Attachments • SEH Professional Services Agreement Amendment Jig/ SEH August 27,2008 RE: Eden Prairie,Minnesota 2d Amendment to the Infiltration/Inflow Analysis Work Plan SEH No.AEDENP060200 10.00 Ed Sorensen Utility Operations Project Manager 8080 Mitchell Road Eden Prairie,MN 55344-4485 Dear Ed: The City of Eden Prairie along with many communities in the Twin City area is facing the problem of infiltration and inflow (Ill) in their sanitary sewer collection system. Inflow is a critical issue for the City and the Metropolitan Council Environmental Services (MCES). Inflow can minimize the capacity of the local sanitary sewer collection system and main trunk interceptors along with reducing the effectiveness and efficiency of the wastewater treatment process. The City of Eden Prairie has taken the initial step in developing a I/1 flow reduction program by implementing a flow monitoring program. The next step is to use the flow monitoring data to isolate specific Ili sources in the sanitary sewer collection system- Short Elliott Hendrickson Inc.® (SEH) appreciates the opportunity to submit a proposal for a Pilot I/I Field Investigation Study to reduce I/1 from the Eden Prairie wastewater collection system. This agreement is an extension of our Standard Agreement with the City of Eden Prairie. • Purpose and Objectives The purpose of this Pilot Study is to identify field measures which can be successful in locating and reducing III from the Eden Prairie sanitary sewer collection system.The Pilot Study will assist in the development of a I/I abatement plan with recommendations for future I/I investigation and rehabilitation activities. The main objective of this Pilot Study will be to identify the best method to mitigate those sources of peak I/I flow so that the City can avoid MCES wastewater surcharges. Work Scope The following scope of services will implement a systematic sewer system evaluation survey. The work scope will start with the portion of the collection system which contained the highest peak hour discharges during completion of the flow monitoring. This area includes Sewer Districts 53, 60, 84 and 104. The techniques used to identify I/I sources include; manhole inspection, smoke testing and closed circuit television inspection of private property. These Ill sources will be evaluated for future rehabilitation. This rehabilitation will be scheduled for implementation as part of a long range capital rehabilitation program. Manhole Inspections The initial phase of the fieldwork will include the inspection each manhole from Sewer Districts 53,60 and 83 in the City's collection system. Groundwater levels will be monitored during this pilot study to determine their affect on the collection system.During the manhole inspections,SEH will survey all manholes to record their structural condition,any leaking or evidence of leaking,and other maintenance conditions at the time of inspection. Any incoming and outgoing sewer lines will be inspected using a light and mirror to visually Short Elliott Hendrickson Inc.,3535 Vadnais Center Drive,St.Paul,MN 55110-51% $EH Is an equal opportunity employer www.sehinc.com 1 651.490.2000 ( 800.325.2055 I 651.490.2150 fax Mr.Ed Sorenson 08/27/08 Page 2 • examine the pipe to identify signs of deterioration, root intrusion, deposition or infiltration. All field data will be collected on a handheld data recorder for later downloading into the City's GIS database. Each manhole in need of structural repairs will be identified and noted for future rehabilitation. SEH will also work with MCES staff to coordinate a review of the manholes along MCES interceptors to determine if any I/I sources are present in the MCES lines serving the City of Eden Prairie. Smoke Testing Investigation To investigate the potential for inflow sources and cross connections with the existing storm sewer collection system,smoke testing will be performed on the sanitary collection system in Sewer Districts 53, 60,and 83. This field investigation activity will target inflow sources from storm water catch basin, roof leader, foundation drain or area connectors to the sanitary sewer system. Work under this task will include the following: • Publicize and coordinate testing with news media,local residents,and emergency departments. • Perform smoke testing and document findings. • Evaluate the type inflow source and identify the potential for Ili entering the sanitary sewer. • Identify areas requiring more detailed building surveys or further investigation(dye water flooding and television inspection) The field work will be completed during dry periods to facilitate greater smoke migration through open pipe cracks and surrounding soils. Field crews will monitor groundwater in the area to determine the most appropriate time period to complete the testing. Sewer Ordinance Review SEH will work with the City to review the existing sewer ordinance and determine if the language is appropriate to specifically prohibit sump pump, roof-drain, or foundation drain connections to the sanitary sewer system. Any changes necessary to update the ordinance will be completed and the City will work through the process of adopting the changes through the City Council. Public Meetings The City will hold a public meeting as required with residents as necessary to review the need to begin a private property building inspection program. The meetings will serve as a public education session to explain the need to remove UI and the economic and environmental impacts of continuing to allow clear water into the City's sanitary collection system and MCES interceptor system. Building Inspection and Private Property Building Inspection Program SEH will conduct a private property building inspection program including a surinp pump and sewer service lateral inspection evaluation. The process will begin with the notification of all private property owners for all buildings contributing wastewater to Sewer Districts 53, 60,83 and 104. Field technicians will note all structures not in compliance with the sewer ordinance. SEH will conduct a closed-circuit television inspection of each building's service lateral SEH staff will contact and schedule appointments with residents.The television inspection will include inserting a TV camera through the sewer system,creating a DVD of pipe defects, such as offset or leaky joints,roots,cross connections,running sumps or bad services. Data collected from the inspection will be documented and used to establish the items not in compliance with the sewer ordinance. SEH will work with the City and residents to gain compliance with the sewer ordinance. Mr. Ed Sorenson 08/27/08 Page 3 III Findings and Analysis Based on the results of the pilot study work tasks, a summary of the results will be prepared based on the field investigation. SEH will collect all the data and provide a summary report with the following information: • Inventory all sources and volumes of I/L • Provide a summary of repairs needed for private property rehabilitation • Evaluate rehabilitation options. a Assist the City in determine rehabilitation costs. • Evaluate the effectiveness of the pilot study • Develop an I/I abatement program to remove additional sources,as needed. • Identify future flow monitoring efforts with City's existing meters. The City's GIS database will be used to track each I/I source and document each rehabilitation activity that is completed. SEH will provide a hard copy and a electronic copy of the final summary report. The database can be used as a repository for all 1/1 findings and sewer rehabilitation alternatives identified in the remaining sewer during future field investigation studies. Schedule SEH has prepared a preliminary schedule based on an anticipated project notice to proceed date of September 15,2008.The attached project schedule provides specific milestones for completion of individual tasks and project coordination with City staff. Notice to Proceed September 15,2008 Manhole Inspections September 22-October 24,2008 MCES Coordination September 22-October 24,2008 Smoke Testing Investigation September 29-October 31,2008 Draft/Review Final Public Property Report November 3—December 19,2008 Sewer Ordinance Review September 15-November 21,2008 Public Education November 3—May 1,2009 Flow Monitoring Data Collection/Analysis February 23--October 16,2009 Private Property Building Inspections March 2—December 18,2009 2010 I/I Abatement Testing Recommendations September 11,2009 Draft/Review Final Public Property Summary Report December 7.31,2009 Project Cost The estimated project cost for completion of all tasks listed in the work scope is $309,600 as attached and presented in Table 9,Future I/I Reduction Program,of the August 2008 Inflow/Infiltration Study for the City of Eden Prairie prepared by SEH. We will perform all services under the General Conditions Consultant Agreement and the City's Master Service Agreement dated March 21, 2006. SEH will not exceed this amount without authorization by the City.Our estimate is based on the following assumptions: • City will locate,provide access,and access equipment to all manholes as needed. • City will make available,in a timely manner,all records and pertinent information including archival records, video tapes and television logs of sewer pipe,domestic water consumption records,and lift station pumping records. Mr. Ed Sorenson 08/27/08 Page 4 • • City will perform collection system cleaning as needed to support the investigation tasks listed in the work scope. • City will provide the contact information for all commercial and residential properties in the pilot area. Project invoices would be prepared monthly along with a progress report identifying the work completed each month and an update on the project schedule. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Van Note,PE Alva Rankin Project Manager I/I Specialist Attachment Approved: Phil Young,Mayor Scott H.Neal,City Manager Table 9 Future ill Reduction Program Unit Type of Cost per SEH City Staff! Total Field InvestigationiSewer Rehabilitation Number Unit Unit Contractor Budget Cost Continued Flow Monitoring and Analyses $10,000 $10,000 MCES Coordination and Ill Data Management $20,000 $20,000 Sewer Ordinance Adoption $5,000 $5,000 Public Education Manhole Inspections(Sewer Districts 53, 60, 83 and MCES Interceptor) 420 MH 27,300 $7,000 $10,000 $65.00 $Z7,300 $27,300 Smoke Testing(Sewer Districts 53,60 and 83) 48600 Feet $0.50 $24,300 $24,300 Private Property Building Inspections(Sewer Districts 53,60,83 and 104) 1100 Parcels $200.00 $220,000 $220,000 Sewer Cleaning and Televising(Sewer District 104) 48000 Feet $2.00 $96,000 $96,000 Manhole Rehabilitation/Repair 85 MH $1,000.00 $85,000 $85,000 Sump Pump Rehabilitation/Repair 20 Dwelling $300.00 $6,000 $6,000 Service Lateral Rehabilitation/Repair 25 Repair $5,000.00 $125,000 $125,000 Foundation Drain Disconnections 5 Building $3,000.00 $15,000 $15,000 Subtotals $309,600 $334,000 Initial Ill Surcharge Program Budget $643,600 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 2, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Jay Lotthammer, Director, Award Contract for Eden Prairie Art Center Parks and Recreation Site Improvements Construction Motion Move to: Award the construction contract for Site Improvements to Parrott Contracting, Inc. in the amount of$91,675.00 for construction of a new 26 car parking lot and associated site work at the Eden Prairie Art Center. Synopsis The City solicited quotes for construction of a new 26 car parking lot, which included tree clearing and grubbing, site grading, hauling/removal of excess soil, installation of concrete curb and gutter, bituminous paving, storm sewer work, and creation of a rain water garden for the Eden Prairie Art Center located at 7650 Equitable Drive. Specifications for the work were prepared by Cluts, O'Brien, and Strother Architects and the City received quotes from three qualified contractors. Background Site improvements to the Art Center will accommodate users when the facility opens in January 2009. The summary of the quotes submitted is as follows: Parrott Contracting, Inc. $91,675.00 Kusske Contracting $94,580.00 DMJ Contracting $116,350.00 Recommendation Each of the submitters met the guidelines as detailed in the bid specification and staff recommends the bid be awarded to Parrott Contracting, Inc. CITY COUNCIL AGENDA DATE: September 2, 2008 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Paul Sticha, Office of the City Award contract for Art Center remodel Manager, Facilities Requested Action Move to: Award contract for Art Center building remodeling to Doran Construction. Synopsis Base Bid Doran Construction $83,010 McFarland Construction $104,340 Background Information Specifications were written by Cluts, O'Brien& Struther Architects and proposals were obtained. Work includes removing existing garage door and replacing with"store front" windows and new entry door, adding a second restroom, changing exiting hardware on existing doors, painting and carpeting and other changes necessary to convert the facility to a public building. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 2, 2008 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. VIII.I. Community Development Janet Jeremiah/ Housing& Human 2008 CDBG Subrecipient Agreements Services Molly Koivumaki Requested Council Action Move to: Adopt the resolution authorizing execution of the 2008 CDBG Subrecipient Agreements between the City of Eden Prairie and the activities to be undertaken with program funds. Synopsis The City is required to execute subrecipient for each CDBG activity approved for funding. These agreements specify the requirements for implementing each activity. Activities approved by the City Council for 2008 include: # Human Services Activity Funding Level 1 PROP (People Reaching Out to Other People) $13,000 2 Southdale YMCA $8,000 3 HOME (Household & Outside Maintenance for $8,000 the Elderly) 4 HomeLine (Tenant's Advocacy Service) $5,000 5 Emergency Vehicle Repair $12,000 Sub Total $46,000 Housing Activities Funding Level 6 Housing Rehabilitation Deferred Loan Program $116,684 7 Affordable Housing/Land Trust $65,200 8 Fair Housing Initiative $2,560 9 Program Administration $25,589 Grand Total $256,033 Background Eden Prairie is the recipient of an annual grant from the U. S. Depaitiiient of Housing and Urban Development. Program regulations require that a Subrecipient Agreement be executed by the City and subrecipients which set forth the specific implementation processes for activities to be undertaken with program funds. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENTS FOR THE 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) WHEREAS Eden Prairie is the recipient of an annual grant from the U.S. Department of Housing and Urban Development, and PROP, HOME Line, Senior Community Services, Southdale YMCA, and West Hennepin Affordable Housing Land Trust, are subrecipients that receive a share of the grant; and WHEREAS,program regulations require that a Subrecipient Agreement be executed by the City and subrecipients which set forth the specific implementation processes for activities to be undertaken with program funds. BE IT RESOLVED that the City Council of the City of Eden Prairie hereby authorizes and directs the Mayor and the City Manager to execute the Subrecipient Agreements between the City and the subrecipients on behalf of the city. ADOPTED by the Eden Prairie City Council on this 2nd day of September 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: September 2, 2008 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Verizon Wireless Tower Relocation— Development/Planning MINC Riley Lake Janet Jeremiah/Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Table action on the 1st Reading of the Ordinance for Planned Unit Development District Review with waivers in the Rural Zoning District on 0.39 acres, and the Resolution for Site Plan Review on 0.39 acres. Synopsis This project is for the relocation of a proposed Verizon Wireless tower and ancillary structure to another site within the Riley Lake Park. The previous site was found to have deed restrictions which would not allow the tower. The Department of Natural Resources believes that the parcel of land currently being considered for the tower relocation is also subject to restrictions based on a previous grant. Until this is resolved between Verizon and the DNR, staff recommends to the City Council closing the public hearing and to table action on the ordinance and resolution. Background Information In January 2008, Verizon Wireless received City Council approval for constructing an accessory building related to its cellular tower proposed within Riley Lake Park. After approval it was discovered that a deed restriction on that portion of the property only permitted park related uses. The new site outside the legal description of the deed restricted property is approximately 280 feet northeast of the previous location. The Department of Natural Resources believes that the parcel of land proposed for the tower location is subject to restrictions based on a previous grant. Although an inspection of the deed finds no restrictions currently in place, the DNR interprets a map of the park contained in a grant application as taking precedence. City of Eden Prairie staff has shared the grant applications with Verizon and their attorneys to assist them with their conversations with the DNR. If, the DNR continues to find that this parcel is part of the grant agreement, the project could continue with mitigation that is acceptable to the DNR. It is important that the City of Eden Prairie and Verizon remain in good standing with the DNR in order to avoid the potential for repayment of past grant funds and to remain eligible for future funds. City Council Agenda—Verizon Wireless Tower Relocation September 2, 2008 The Site Plan Review is for the 240 sq. ft. accessory building associated with the tower. Since the cellular tower is not greater than 80 feet and the required setbacks from residential zoned property are met it is exempt from the requirements of a Site Plan Review. Two non-significant trees will be lost as part of the grading. PUD waivers are requested for 10-foot side and rear yard setbacks verses the required 30 feet. Meeting the code would result in additional tree loss and increased impervious surface area. Due to Parks, Recreation and Natural Resources Commission's previous approval of the tower and accessory building on park property no further action was necessary. The Heritage Preservation Commission endorsed the new location. The 120-Day Review Period Expires on November 19, 2008. Planning Commission Recommendation The planning Commission voted 5-0 to recommend approval of the project at the August 11, 2008 meeting. Attachments 1. Resolution for Site Plan Review 2. Staff Report dated August 8, 2008 3. Location Map 4. Land Use Map 5. Zoning Map 6. Planning Commission Minutes VERIZON WIRELESS TOWER RELOCATION— MINC RILEY LAKE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR VERIZON WIRELESS TOWER RELOCATION-MINC RILEY LAKE BY VERIZON WIRELESS WHEREAS, Verizon Wireless, has applied for Site Plan approval of Verizon Wireless Tower Relocation-MINC Riley Lake to construct a cell tower and equipment building; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 11, 2008 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 2, 2008 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Verizon Wireless Tower Relocation-MINC Riley Lake based on plans stamped dated August 19, 2008. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of September, 2008. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: August 8, 2008 SUBJECT: Verizon Wireless Tower Relocation—MINC Riley Lake APPLICANT: Verizon Wireless OWNER: City of Eden Prairie LOCATION: 9100 Lake Riley Road 120 DAY REVIEW: Expires November 19, 2008 REQUEST: 1. PUD District Review with waivers in the Rural Zoning District on 0.39 acres. 2. Site Plan Review on 0.39 acres. Staff Report—Verizon Wireless Tower Relocation—MINC Riley Lake August 8, 2008 Page 2 BACKGROUND In January 2008, Verizon Wireless applied for a Site Plan Review of an accessory building associated with the proposed construction of a cellular tower within Riley Lake Park. After City Council approval of the project it was discovered that a deed restriction on that portion of the park property did not permit the placement of the cellular tower. The new site, not subject to the deed restriction, is approximately 280 feet northeast of the previous approved location. The site is guided Park and zoned Rural. Surrounding land use is primarily golf course together with some areas of low and medium density residential to the north, east and south. Lake Riley is to the west. SITE PLAN The site plan shows a 75-foot cellular tower, a 240 sq. ft. accessory building to house the cellular equipment and a paved access road. Since the cellular tower is not greater than 80 feet and the required setbacks from residential zoned property are met it is exempt from the requirements of a Site Plan Review. The purpose of the Site Plan Review is for the 240 sq. ft. accessory building associated with the tower. The proposed accessory building conforms to exterior material requirements which consist of rock face block. A back-up generator is also shown adjacent to the building. Placement of the building and paved access will result in the removal of two non-significant trees. The building and generator will be constructed into a hillside adjacent to existing woods and will not be visible from adjacent land uses. The landscaping plan provides additional screening and supplements the existing vegetation in the area. PUD WAIVER The accessory building is located 10 feet from the side and rear lot lines compared to the 30 feet required by Code (See Sheets A-1.1 and A-1.2). Verizon Wireless requests a PUD waiver of 10 feet for side and rear yard setbacks. Meeting the code would result in additional tree loss and increased impervious surface area. TOWER REVIEW The tower has been designed to provide for collocation by two additional carriers. Eden Prairie Fire and Police have determined that the location of the tower will not interfere with public safety wireless communication, as required by code. Staff provided an update to the Parks, Recreation and Natural Resources Commission on the relocation of the tower at its August 4th meeting. Due to the Commission's previous approval of the tower and accessory building on park property no further action was necessary. Staff Report—Verizon Wireless Tower Relocation—MINC Riley Lake August 8, 2008 Page 3 Heritage Preservation Commission will discuss the relocated tower for any potential impact on historic properties (Riley-Jacques Farm) as required by the FCC at its August 18th meeting. Flying Cloud Airport is approximately 2 miles east of the tower. An instrument landing system is used to guide aircraft to the runway in poor weather conditions when visibility is significantly reduced. It is an FAA requirement that the tower be reviewed by the FAA to determine if it is considered an obstruction. No building permit shall be issued until this review has been completed. A permit to construct the tower will be authorized through the Inspections Department. STAFF RECOMMENDATION Staff recommends approval of the following request: • PUD District Review with waivers in the Rural Zoning District on 0.39 acres. • Site Plan Review on 0.39 acres. This is based on plans stamp dated July 22, 2008, the staff report dated August 8, 2008 and the following conditions: 1. Prior to grading or building permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 2. Prior to building permit issuance for the property, the proponent shall: A. Obtain a determination from the FAA that the tower is able to be constructed in accordance with recommendations from the FAA, or otherwise not considered an obstruction. B. Provide a surety equivalent to 150% of the cost of the landscaping plan. C. Enter into a lease agreement with the City of Eden Prairie. 3. The following waiver is granted in the Rural Zoning District as part of the PUD: A. Side and rear yard setback of 10 feet for the accessory building. Code requires 30 feet. Area Location Map - MINC Riley Lake--Verizon Wireless Tower Relocation Address: 9100 Riley Lake Road 4ilki'#I7J1I .,40zik Viiiaiiiiiii *__"040.� 101 hip- so pf, i ir I AI 11 a 11w rifts„.„ r 0—, I� � .. 0001 . Riley Lake Rd I sal ) 1 .I, \ .c- A ,,, ‘g / 4 \\ /* a a ht t ) f, t Lake Rileyf i I i x �i•` Ilk 4 _ �1� :iiimo inni * itinim Airidrigi�1 Pioneer Trl lly, ♦ _ Imor--- intri� I MI7F 412IilhI jg Lta741; * ....,- a * \ • w II 4444,ft-7-Tii )frptiA wJ t\IP" . -- ranalt . A 4,1 .. ilia Ii biv.....44w0 agill" , Riley Lake Road •4.1 MI* ,41/ 1 ., V NI ii jo \,\ .. . . A ir I_ IT. 0 'L,..,. A Is as Illv P Mar ar Ilk Previous Site OW % /Lake Riley New Site I �� AS S lv ,®®® ������ ,, „ MED 011111 anumu®p® EE ®® , H * __...... . Mr Pioneer Trail 7 voli/, Pri9 I I I � 1 I _ �I� � . N11j�jj : C 2 iiiii0A4: :I - v, 4 -----F---7 - limildtiOa* 1 k0,11,, 40 iiii, sdelp .on* ono milli#4 41121111.1 iatt .. ,''.;"14":11",„1.,-, ... 7 ot__ 1 , sop Ivo jrni) I VZ\ • m011 i \ 00 * tita 111. Guide Plan Map MINC Riley Lake--Verizon Wireless Tower Relocation Legend 9100 Ri I ey Lake Road Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Eden Pr a n N V/i Low Density/Public/Open Space Community Commercial Medium Density residential2.5-10 Units/Acre-Regional Commercial E D E N O Medium Density Residential/Office -ParldOpen Space -High Density Residential 10-40 Units/Acre ME Public/Quasi-Public Qffice Q Golf Course PRAIRIE vA Office/Industrial -Church/Cemetary LIVE•WORK.DR EAM ®Office/Public/Open Space 1 I Open Water -Industrial 1 1 Right-Of-Way No Scal e I _____ la \ *4 i 41.1".4/! )t Z A - III 4114 1, 4_, • _, yot.i:::: ......... malt4.41 s?)1111k 41111',',.,/, Riley Lake Road ,41111:1U , . .siiia lif 11 p , NVerw- • # '' ii ii,ati,i,....._ ...., _ .. ..., _ _ , Previous Site num�� � ',`gym Lake Riley New Site .•4 gam mat gallo Ilik 1111 gyr�-mr�/� ��IIIEmu®® lir m® MI6 ®® E E * Ill-1111111111110,,agir IIPAIN -- -*IL En iplAir Iih___;:iiiiir Pioneer Trail 11II�I•1s ■■ \ 1 , ASJIONNIII p� C „NW)*M. .Jf i__, C moor um with. stAtv•iv I If Ii* ,filliir'' , Amour i':-fianNitt. • Aritilm :gyms Ad'fr 11 da ' ':: He • INV. il nu"' w - N" 4; k is* .6. 10, „ tato %Woe g Amma0/ ‘ imis /0, WA-1,L r n 0�I i�� i11ffic it Zoning Map Legend MINC Riley Lake--Verizon Wireless Tower Relocation oRerel =Regional Service Comme ua 9100 Ri I ey Lake Road Rural Regional Commercial R,-44 One Family-44,000 et.min. -IC-C Eden Pr a !1 N R,-22 One Family-22,000 sf min. -TC-R R1-13.5 One Family-,3,500 sf min. -TC-MU EDEN R,-9.5 One Family-9,500 sf min. Industrial Paris-2 Acre Min, -RM-6.5 Multi-Family-6.7 U.P.A.max. -Industrial Paris-5 Acre Min. -RM-2.5 Meld-Family-,7.4 U.P.A.max.-Generel Industrial-5 Acre Min. IDR A I RI C Office -Public 1f !Y7 L Neighborhood Commercial O Golt Course LIVE•WO R k•gR EAM O Community Commercial Water No Scal e Highway Commercial Right of Way APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 11, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Cadman, John Kirk, Katie Lechelt, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Alan Gray, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Pitzrick, Rocheford, Seymour and Stoelting. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Lechelt, to approve the agenda. Motion carried 5-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON JULY 28, 2008 PUBLIC HEARINGS VERIZON WIRELESS TOWER RELOCATION—MINC RILEY LAKE Request for: Planned Unit Development District Review with waivers in the Rural Zoning District on 0.39 acres; Site Plan Review on 0.39 acres. Peter Campbell,representing Verizon, presented the proposal. He stated there is a deed restriction on the property where the tower was to be located so they had to locate a new area for the tower. The new property has a setback requirement of 30 feet and they are requesting a setback of 10 feet, as this would hide the equipment shelter. Stoltz asked Franzen to review the staff report. Franzen said the staff recommends approval based on page 3 of the staff report. Stoltz opened the meeting up for public input. There was no input. Kirk asked Fox if the Parks Commission had any feedback on this request. Fox said the Parks Commission was glad it was not by the tennis court and felt this should have been the first site chosen and approves the request. Stoltz asked if the City gets any revenue for additional tenants added to the tower. Mr. Campbell said prospective tenants would have to request from Verizon to lease the tower and also because it is on City land they would have to lease the space from the City. Cadman asked who owns the structure. Fox said Verizon owns the structure. Schultz asked how long their lease would be. Mr. Campbell stated it would be a 5 year term with the option to renew 4 additional times for a total of 25 years. MOTION by Schultz, seconded by Cadman, to close the public hearing. Motion carried 5-0. MOTION by Schultz, seconded by Kirk, to recommend approval of the Planned Unit Development District Review with waivers in the Rural Zoning District on 0.39 acres, and Site Plan Review on 0.39 acres based on plans stamped dated July 22, 2008, and the staff report dated August 8, 2008. Motion carried 5-0. CITY COUNCIL AGENDA DATE: September 2, 2008 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/Planning Windsor Plaza Registered Land Janet Jeremiah/ Survey Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Approve 1st and 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers within the Commercial Regional Service Zoning District on 4.29 acres; and • Adopt the Resolution for Preliminary and Final Registered Land Survey on 4.29 acres into 5 tracts; and approve the Fourth Amendment to Development Agreement Windsor Plaza; First Amendment to Assessment Agreement; and Second Amendment to Agreement Regarding Special Assessments. • Approve and authorize the Mayor and City Manager to executed and deliver a Quit Claim deed to Windsor Plaza, LLC for right-of-way of Eden Road vacated by Resolution 2008-48. Synopsis This is for approval of a Registered Land Survey for Windsor Plaza Background Information The developer seeks approval of a Registered Land Survey (RLS) to simplify the delineation of the retail, office, and restaurant components of the Windsor Plaza building, and allow for the allocation of taxes and assessments to each portion of the development in accordance with the various agreements by and between the applicant and the City. Individual parcels of an RLS are assigned letter designations and are identified by Tracts. An RLS also permits multilevel or vertical tracts. The proposed RLS will use multilevel tracts to define all portions of the multilevel building. As part of the approval of the RLS, the Agreement Regarding Special Assessments and the Assessment Agreement are being amended. The purpose for these amendments is to allocate the special assessments and the real property taxes to the individual tracts of the RLS. In addition in December, 2007 the City vacated a small portion of Eden Road necessary for the Windsor Plaza project. As with the prior vacation of Eden Road it is necessary to tender a Quit Claim Deed to Windsor Plaza, LLC for the vacated right-of-way. Approval of the RLS will not result in any changes to the Windsor Plaza project approved by the Planning Commission and City Council in 2007. City Council Agenda— September 2, 2008 Windsor Plaza Registered Land Survey The 120-Day Review Period Expires on November 9, 2008. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the August 11, 2008 meeting. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Preliminary and Final RLS 4. Fourth Amendment to Development Agreement Windsor Plaza dated September 2, 2008 5. First Amendment to Assessment Agreement 6. Second Amendment to Agreement regarding Special Assessments 7. Quit Claim Deed 8. Staff Report dated August 8, 2008 9. Location Map 10. Land Use Map 11. Zoning Map 12. Planning Commission Minutes dated August 11, 2008 WINDSOR PLAZA REGISTERED LAND SURVEY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 21-2008-PUD-11-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District 21-2008-PUD-11-2008 (hereinafter "PUD-11- 2008-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-11-2008-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2008-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-11-2008-C-REG-SER are justified by the design of the development described therein. D. PUD-11-2008-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement entered into by and between Developer's predecessor in title and the City dated September 4, 2007, filed on September 20, 2007 as Document No. 9040413 with the County Recorder and filed on September 7, 2007 as Document No. 4423818 with the Registrar of Titles; the First Amendment to Development Agreement dated November 15, 2007, filed on December 31, 2007 as document No. 9079966 with the County Recorder and filed on December 31, 2007 as Document No. 4458080 with the Registrar of Titles; the Second Amendment to Development Agreement dated December 18, 2007, filed on December 31, 2007 as Document No. 9079967 with the County Recorder and filed on December 31, 2007 as Document No. 4458081 with the Registrar of Titles office); and the Third Amendment to Development Agreement dated June 3, 2008, filed on June 12, 2008 as Document No. 9146205 with the County Recorder and filed on June 12, 2008 as Document No. 4504902 with the Registrar of Titles office (collectively referred to together with the Fourth Amendment to Development Agreement dated as of September 2, 2008, entered into between Windsor Plaza LLC, and the City of Eden Prairie as the "Amended Development Agreement". The Amended Development Agreement contains the terms and conditions of PUD-11-2008-C-REG-SER, and are hereby made a part hereof Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service District and shall be included hereafter in the Planned Unit Development 11-2008-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of September, 2008, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 2nd day of September, 2008. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2008. EXHIBIT A PUD Legal Description — Windsor Plaza Registered Land Survey Lot 1, Block 1, WINDSOR PLAZA, according to the recorded plat thereof, Hennepin County, Minnesota. And: That part of Eden Road(formerly Town Road as shown on the plat of AUDITOR'S SUBDIVISION NUMBER 335), being in the Northeast Quarter of Section 14, Township 116, Range 22, Hennepin County, Minnesota, lying over, under, and across a vacation which is easterly and southerly of the following described line: Beginning at the northernmost intersection of the west line of the Northeast Quarter of Section 14, Township 116, Range 22 with Lot 1, Block 1,WINDSOR PLAZA; thence North 01 degrees 00 minutes 24 seconds East, assumed bearing, along said west line, a distance of 12.00 feet; thence North 89 degrees 59 minutes 24 seconds East, a distance of 33.01 feet to the easterly right-of-way of said Eden Road, also being a west line of said Lot 1, Block 1, and said line there terminating. WINDSOR PLAZA REGISTERED LAND SURVEY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 21-2008-PUD-11-2008 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 11995 Singletree Lane within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2008. (A full copy of the text of this Ordinance is available from City Clerk.) WINDSOR PLAZA REGISTERED LAND SURVEY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- RESOLUTION APPROVING THE PRELIMINARY AND FINAL WINDSOR PLAZA REGISTERED LAND SURVEY FOR WINDSOR PLAZA LLC AND FURTHER APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT WINDSOR PLAZA, FIRST AMENDMENT TO ASSESSMENT AGREEMENT AND SECOND AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary and final Windsor Plaza Registered Land Survey for Windsor Plaza LLC stamp dated August 19, 2008, and consisting of 4.29 acres into five tracts, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Subdivision ordinances, and amendments thereto, and is herein approved. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named Registered Land Survey No. . BE IT FURTHER RESOLVED that the Fourth Amendment to Development Agreement Windsor Plaza,First Amendment to Assessment Agreement;and Second Amendment to Agreement Regarding Special Assessments are hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Manager are authorized to execute and deliver to Windsor Plaza,LLC a Quit Claim Deed for that portion of Eden Road vacated by the City by Resolution No. 2008-48 adopted April 15, 2008. ADOPTED by the Eden Prairie City Council on the 2nd day of September 2, 2008. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT WINDSOR PLAZA THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT("Agreement") is entered into as of September 2, 2008, by Windsor Plaza, LLC, a Minnesota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer's predecessor in title and City entered into that certain Development Agreement dated September 4,2007, filed on September 20,2007 as Document No. 9040413 with the County Recorder and filed on September 7,2007 as Document No.4423818 with the Registrar of Titles; the First Amendment to Development Agreement dated November 15, 2007, filed on December 31,2007 as document No.9079966 with the County Recorder and filed on December 31, 2007 as Document No. 4458080 with the Registrar of Titles; the Second Amendment to Development Agreement dated December 18,2007,filed on December 31,2007 as Document No. 9079967 with the County Recorder and filed on December 31,2007 as Document No.4458081 with the Registrar of Titles office); and the Third Amendment to Development Agreement dated June 3, 2008,filed on June 12,2008 as Document No.9146205 with the County Recorder and filed on June 12, 2008 as Document No. 4504902 with the Registrar of Titles office (collectively referred to together with this Fourth Amendment to Development Agreement as the "Development Agreement"); and WHEREAS,Developer has applied to City for Planned Unit Development District Review with waivers within the Commercial Regional Service Zoning District on 4.29 acres,and Registered Land Survey on 4.29 acres into 5 tracts, to be legally described as Tracts A, B, C, D and E, Registered Land Survey No. , Hennepin County, Minnesota. NOW,THEREFORE,in consideration of the City adopting Ordinance No. for Planned Unit Development District Review within the Commercial Regional Service Zoning District on 4.29 acres,and Resolution No. for approval of Registered Land Survey(RLS),the parties agree as follows: 1. REGISTERED LAND SURVEY: Within 20 days following approval of the RLS by the City Council,Developer shall record the RLS with the Hennepin County Recorder's Office and Registrar of Titles' Office. Prior to the issuance of the Certificate of Occupancy for the Property,Developer shall submit to the City Attorney proof that the RLS has been recorded in the Hennepin County Recorder's Office and Registrar of Titles' Office. 2. RECORDING OF FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT: Immediately following the recording of the RLS as required above,Developer shall record this Fourth Amendment to Development Agreement with the Hennepin County Recorder's Office and Registrar of Titles' Office. Prior to the issuance of the Certificate of Occupancy for the Property, Developer shall submit to the City Attorney proof that this Fourth Amendment to Development Agreement has been recorded in the Hennepin County Recorder's Office and Registrar of Titles' Office. 3. REVISED PROERTY DESCRIPTION: The description of the Property subject to the Development Agreement is hereby amended to be Tracts A, B, C, D and E, Registered Land Survey No. and Outlots A and B, Windsor Plaza, Hennepin County, Minnesota 4. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Commercial Regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 2008- . A. Lot size less than 10,000 square feet for Tracts B, C, D, and E of the RLS. B. Lot width less than 80 feet for Tracts B and E of the RLS. C. Lot depth less than 100 feet for Tracts C and D of the RLS. D. 0 lot line setback from property lines. 5. DECLARATION OF RECIPROCAL EASEMENTS: Contemporaneous with recording the RLS, Developer shall record the Declaration of Reciprocal Easements in form and content as approved in writing by the City Attorney. Prior to the issuance of the Certificate of Occupancy for the Property, Developer shall submit to the City Attorney proof that the Declaration Reciprocal Easements has been recorded in the Hennepin County Recorder's Office and Registrar of Titles' Office. 6. Except as amended hereby,the Development Agreement shall remain in full force and effect. 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 Windsor Plaza, LLC By By Patrick J. Hart Phil Young Its Vice President Its Mayor By_ Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2008,by Phil Young and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by Patrick J.Hart,the Vice President of Windsor Plaza,LLC,a Minnesota limited liability company,on behalf of said company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Richard Rosow Esq. Gregerson,Rosow,Johnson&Nilan,Ltd. 650 Third Avenue South, Suite 1600 Minneapolis,MN 55402 P:\Home\1610.500\Documents\Fourth Amendment to Development Agreement 2008 08 14.doc FIRST AMENDMENT TO ASSESSMENT AGREEMENT THIS AGREEMENT is dated as of September 2, 2008 and is between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA, a public body corporate and politic organized and existing under the laws of the State of Minnesota(the "Authority"), and Windsor Plaza, LLC, a Minnesota limited liability company(the "Owner"). WHEREAS,the Authority and the Owner entered into that certain Assessment Agreement made as of September 4, 2007, filed on September 20, 2007 with the Hennepin County Recorder as Document No. 9040414 and filed on September 7, 2007 with the Hennepin County Registrar of Titles as Document No. 4423819; WHEREAS, the property which is the subject of the Assessment Agreement was described as Lot 1, Block 1 and Outlots A and B, Windsor Plaza, Hennepin County, MN. WHEREAS, Lot 1, Block 1, Windsor Plaza along with that certain property vacated by City of Eden Prairie Resolution No. 2008-48, filed May 16, 2008 as Document No. 4496849 with the Registrar of Titles, Hennepin County is subdivided into Tracts A, B, C, D and E, Registered Land Survey No. , Hennepin County, Minnesota hereafter referred to as the Property. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Section 2, paragraph 2.01 b. is amended in its entirety as follows: 2.01. Assessment made as of January 2, 2009. The Owner agrees that the minimum market value of the Land and the Project for ad valorem tax purposes, for the assessment made as of January 2, 2009, shall be not less than $24,953,700 and shall not be reduced by any action taken by the Owner(other than a deed in lieu of, or under threat of, condemnation by the City of Eden Prairie, Hennepin County or other condemning authority), to less than the said amount, and that during the term of this Assessment Agreement no reduction of the market value therefore below said minimum market value shall be sought by the Owner or granted by any public official or court except in accordance with Minnesota Statutes, Section 469.177, subdivision 8. This minimum market value shall apply only to the Land, the Project and any other facilities situated on the Land. In the event of involuntary conversion of the Land and the Project for any reason(other than condemnation by a public entity), the minimum market value shall not be reduced to an amount less than said minimum market value. The Owner has contemporaneous herewith re-subdivided the Property pursuant to a Registered Land Survey No. . Tract A is Office; Tracts B and E are Restaurant; and Tracts C and D are Retail. The minimum market value identified above shall be allocated to the Project Uses as follows: (i) Tract A, $17,657,700; (ii) Tract B, $1,875,000; (iii) Tract C, $1,774,500; (iv) Tract D, $1,774,500; and (v) Tract E, $ 1,875,000. The Owner acknowledges and agrees that the Land and the Project are subject to ad valorem property taxation and that such property taxes constitute taxes on "real property" (as provided in Section 469.174, subdivisions 4 and 7(d) of the TIF Act) and, to the extent reflecting net tax capacity rates of taxing jurisdictions levied against the captured net tax capacity of the District, tax increment. 2. Outlots A and B, Windsor Plaza are released from the Assessment Agreement. 3. Except as amended herein, the Assessment Agreement remains in full force and effect. IN WITNESS WHEREOF, the Authority has caused this Assessment Agreement to be executed in its name by its duly authorized officers and the Owner has caused this Assessment Agreement to be executed in its corporate name. HOUSING AND REDEVELOPMENT IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By Its Chair By Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by Phil Young, the Chair and Scott H. Neal, the Executive Director respectively of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota, on behalf of the public body. Notary Public WINDSOR PLAZA, LLC, a Minnesota limited liability company By Its Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008 by Patrick J. Hart, the Vice President of Windsor Plaza, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public SECOND AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS 2nd day of September, 2008, between the City of Eden Prairie, a municipal corporation, (the "City") and Windsor Plaza, LLC, a Minnesota limited liability company(the "Owner"). WHEREAS,the City and the Owner's predecessor in title entered into that certain Agreement Regarding Special Assessments made as of September 4, 2007, filed on September 27, 2007 with the Hennepin County Recorder as Document No. 9044127 and filed on September 27, 2007 with the Hennepin County Registrar of Titles as Document No.4430846; and that certain First Amendment to Agreement Regarding Special Assessments made as of December 18, 2007, filed on December 31, 2007 with the Hennepin County Recorder as Document No. 9079968 and filed on December 31, 2007 with the Hennepin County Registrar of Titles as Document No. 4458082. WHEREAS, the property which is the subject of the Agreement Regarding Special Assessments was described as Lot 1, Block 1 and Outlots A and B, Windsor Plaza, Hennepin County, MN. WHEREAS, Lot 1, Block 1, Windsor Plaza along with that certain property vacated by City of Eden Prairie Resolution No. 2008-48, filed May 16, 2008 as Document No. 4496849 with the Registrar of Titles, Hennepin County is subdivided into Tracts A, B, C, D and E, Registered Land Survey No. , Hennepin County, Minnesota. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Paragraph 1 of the Agreement Regarding Special Assessments is amended in by adding the following language: The assessment when levied shall be allocated to the tracts of Registered Land Survey No. as follows: (i) Tract A, 76%; (ii) Tract B, 5%; (iii) Tract C, 7%; (iv) Tract D, 7%; and(v) Tract E 5%. 2. Outlots A and B, Windsor Plaza are released from the Agreement Regarding Special Assessments. 3. Except as amended herein, the Agreement Regarding Special Assessments remains in full force and effect. [The remainder of this page is intentionally left blank] WINDSOR PLAZA,LLC CITY OF EDEN PRAIRIE A Minnesota Limited Liability Company A Minnesota Municipal Corporation By: By: Its Vice President Its Mayor By: Scott H.Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by Phil Young, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2008, by Patrick J. Hart, the Vice President of Windsor Plaza, LLC, a Minnesota Limited Liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Richard F. Rosow Gregerson,Rosow,Johnson&Nilan,LTD 650 Third Ave. South Suite 1600 Minneapolis, MN 55402 (Top 3 inches reserved for recording data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Business Entity to Business Entity Form 10.3.5(2006) DEED TAX DUE: $ DATE: (month/day/year) FOR VALUABLE CONSIDERATION, the City of Eden Prairie (insert name of Grantor) a municipal charter under the laws of Minnesota ,("Grantor"), hereby conveys and quitclaims to Windsor Plaza, LLC (insert name of Grantee) a limited liability company under the laws of Minnesota ,("Grantee"), real property in Hennepin County,Minnesota,legally described as follows: See Exhibit A attached hereto. The consideration for this transfer is less than$500.00. Check here if all or part of the described real property is Registered(Torrens)■ together with all hereditaments and appurtenances. Check applicable box: Grantor • The Seller certifies that the Seller does not know of any wells on the described real property. City of Eden Prairie o A well disclosure certificate accompanies this (name of Grantor) document. o I am familiar with the property described in this By: instrument and I certify that the status and number (signature) of wells on the described real property have not changed Its: since the last previously filed well disclosure certificate. (type of authority) By: (signature) Its: (type of authority) Page 1 of 2 Page 2 of 2 Minnesota Uniform Conveyancing Blanks Form 10.3.5 State of Minnesota,County of Hennepin This instrument was acknowledged before me on ,by (month/day/year) (name of authorized signer) as (type of authority) and by (name of authorized signer) as of (type of authority) (name of Grantor) (Seal,if any) (signature of notarial officer) Title(and Rank): My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS (insert name and address) INSTRUMENT SHOULD BE SENT TO: (insert name and address of Grantee to whom tax statements should be sent) Siegel Brill Greupner Duffy&Foster PA 100 Washington Avenue South Windsor Plaza, LLC Suite 1300 12300 Singletree Lane,Suite 200 Minneapolis,MN 55401 Eden Prairie, MN 55344 612-337-6100 EXHIBIT A TO QUIT CLAIM DEED That part of Eden Road (formerly Town Road as shown on the plat of AUDITOR'S SUBDIVISION NUMBER 335), being in the Northeast Quarter of Section 14, Township 116, Range 22, Hennepin County, Minnesota, lying over, under and across a vacation which is easterly and southerly of the following described line: Beginning at the northernmost intersection of the west line of the Northeast Quarter of Section 14, Township 116, Range 22 with Lot 1 Block 1, WINDSOR PLAZA; thence North 01 degrees 00 minutes 24 seconds East, assumed bearing, along said west line, a distance of 12.00 feet; thence North 89 degrees 59 minutes 24 seconds East, a distance of 33.01 feet to the easterly right-of-way of said Eden Road, also being a west line of said Lot 1, Block 1, and said line there terminating. STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: August 8, 2008 SUBJECT: Windsor Plaza Registered Land Survey APPLICANT/ OWNER: Windsor Plaza, LLC LOCATION: 12300 Singletree Lane 120 DAY REVIEW: Expires November 9, 2008 REQUEST: 1. Planned Unit Development District Review with waivers in the Commercial Regional Service Zoning District on 4.29 acres. 2. Registered Land Survey 4.29 acres into 5 tracts. Staff Report—Windsor Plaza Registered Land Survey August 8, 2008 Page 2 BACKGROUND In September 2007, the City Council approved the Windsor Plaza project for construction of a 133,630 sq. ft. building consisting of four-stories of office above first floor retail and restaurant uses, and a multilevel parking deck. The project is currently under construction at the northwest corner of Flying Cloud Drive and Regional Center Road. The site is platted as Lot 1, Block 1, Windsor Plaza. REGISTERED LAND SURVEY The applicant seeks approval of a Registered Land Survey (RLS) for purposes of simplifying the delineation of the retail, office, and restaurant components of the building, and to allow for the allocation of taxes and assessments to each portion of the development in accordance with the various agreements by and between the applicant and the City. Individual parcels of an RLS are assigned letter designations and are identified by Tracts. An RLS also permits multilevel or vertical tracts. The proposed Windsor RLS will use multilevel tracts to define all portions of the multilevel building. Approval of the RLS will not result in any changes to the development plan approved by the Planning Commission and City Council. A Declaration of Reciprocal Easements document will be required prior to release of the final RLS to be recorded with the RLS for the purposes of establishing and defining the necessary access,parking and easement rights between the various components of the project. PUD WAIVERS Because of the smaller size of the proposed tracts which define portions of the building in space the following PUD waivers will be necessary: A. Lot size less than 10,000 square feet for Tracts B, C, D, and E. B. Lot width less than 80 feet for Tracts B and E. C. Lot depth less than 100 feet for Tracts C and D. D. 0 lot line setback from property lines. STAFF RECOMMENDATION Staff recommends approval of the following request: 1. Planned Unit Development District Review with waivers in the Commercial Regional Service Zoning District on 4.29 acres. 2. Registered Land Survey 4.29 acres into 5 tracts. This is based on plans stamp dated July 30, 2008, the staff report dated August 8, 2008 and the following conditions: Staff Report—Windsor Plaza Registered Land Survey August 8, 2008 Page 3 1. Prior to release of the final RLS the proponent shall provide to the City for review a Declaration of Reciprocal Easements document to be recorded with the RLS for the Property for the purposes of establishing and defining the necessary access, parking and easement rights between the various components of the project. 2. The following waiver are granted in the Commercial Regional Service Zoning District as part of the PUD: A. Lot size less than 10,000 square feet for Tracts B, C, D, and E. B. Lot width less than 80 feet for Tracts B and E. C. Lot depth less than 100 feet for Tracts C and D. D. 0 lot line setback from property lines. Area Location Map - Windsor Plaza Registered Land Survey Address: West of Flying Cloud Drive, South of Singletree Lane, North of Regional Center Road (. . Glen Lane ___________-r i / _ _____ Eden Road Singletree Lane 7 > l\N Flying Cloud/Highway 212 Y 9 9 Y . \ Prairie Center Dr I Glen Lane 11— $1-17—wil ti MOM IL1 $ ' Eden Road jr f I a ii 1 k )1111111111."— 1 Singletree Lane •p17 . Flyng Cloud/Highway 212 Iiirp IPIIII)111P </A 2 Vi 11 li I l'illi 1111 I LI r LO,.. 0:1 ""1111141111: 11 Ar Prairie Center Drive 4/1/ IlLiii.. Ill in ii iii NW A Legend Guide Plan M ap _ Low Density Residential 0-2.5 Units/Acre I I Neighborhood Commercial 1771 Low Density/Public/Open Space -Community Commercial W i n d so r Plaza RL S Medium Density residential 2.5-10 Units/Acre-Regional Commercial O Medium Density Residential/Office -Park/Open Space West of Flying Cloud Drive, // f 1 -High Density Residential 10-40 Units/Acre -Public/Quasi-Public EDEN Office �Golf Course South of Sngletree Lane, 'Office/Industrial -Church/Cemetery North of Regional Center Road 17' Office/Public/Open Space I I Open Water Eden Prairie,MN PRAIRIE -Industrial I I Right-Of-Way No Scale LIVE•WORK•DREAM Glen Lane (-____________•• .,,--- rill ---------!P g ra __A i Eden Road Singletree Lane/ 01111111111' \_r le/ N. Ilili Flying Cloud/Highway 212 liplapp. '", 1JrieCenterDrive / . ... -41. ■ C 111— � T _ / Legend O Parcels -Regional Service Commercial Z o n i n g M ap o Rural =Regional Commercial Windsor Plaza RL S R1-44 One Family-44,000 sf.min. MITC-C I I R1-22 One Family-22,000 sf min. -TC-R R1-13.5 One Family-13,500 sf min. -TC-MU West of Flying Cloud Drive, -' ' " I R1-9.5 One Family-9,500 sf min. -Indusbial Perk-2 Acre Min, c EDEN -RM-6.5 Multi-Family-6.7 U.P.A.max. -Indusbial Perk-5Acre Min. South of S ngl etree Lane, -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Indusbial-5 Acre Min. North of Regi on aI Center Road I I Once -Public PRAIRIE -Neighborhood Commercial I=Golf Course Eden Prai ri e,MN -Community Commercial I I Water No Scale LIVE•WORK•OREAM -Highway Commercial I I Right of Way APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 11, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Cadman, John Kirk, Katie Lechelt, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Alan Gray, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Pitzrick, Rocheford, Seymour and Stoelting. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Lechelt, to approve the agenda. Motion carried 5-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON JULY 28, 2008 PUBLIC HEARINGS WINDSOR PLAZA REGISTERED LAND SURVEY Request for: Planned Unit Development District Review with waivers within the Commercial Regional Service Zoning District on 4.29 acres; Registered Land Survey of 4.29 acres into 8 tracts. Michael Viola, of 100 Washington Ave, Minneapolis and a representative of Windsor Plaza,presented the proposal. He stated this project was brought up before the Commission a year ago and was approved. They are back today because they would like to get a registered land survey. There are no new changes to the project. Stoltz asked Franzen to review the staff report. Franzen said staff recommends approval based on page 2 of the staff report. Stoltz opened the meeting up for public input. There was no input. Lechelt asked Mr. Viola to explain how they picked the amount of tracts and how it would affect the tenants. Mr. Viola said the vehicle registered land survey was made simple by using 5 tracts and it should not impact tenants in regards to the leasing of space. MOTION by Schultz, seconded by Kirk, to close the public hearing. Motion carried 5-0. MOTION by Schultz, seconded by Kirk, to recommend approval of the Planned Unit Development District Review with waivers within the Commercial Regional Service Zoning District on 4.29 acres, and Registered Land Survey of 4.29 acres into 5 tracts based on plans stamped dated July 30, 2008, and the staff report dated August 8, 2008. Motion carried 5-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 2, 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 177773 — 178202 Wire Transfers 3138 —3145 City of Eden Prairie Council Check Register 9/2/2008 Check# Amount Vendor/Explanation Account Description Business Unit 3138 96 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits 3139 595 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 3140 106,400 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 3141 13,018 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3142 112,495 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 3143 17,632 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 3144 33,415 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3145 176,649 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 177773 1,303 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 177774 13,880 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 177775 224 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 177776 178 ADOLPH KIEFER Recreation Supplies Pool Lessons 177777 41 AEAP Dues&Subscriptions Planning 177778 677 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage 177779 347,428 ALLIED BLACKTOP CO Seal Coating Street Maintenance 177780 64 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 177781 1,275 ANCHOR PRINTING COMPANY Printing Senior Center Administration 177782 20 APA NORTHSTAR CHAPTER Dues&Subscriptions Finance 177783 1,596 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 177784 1,693 BARNUM GATE SERVICES INC Building Repair&Maint. Utility Operations-General 177785 11 BATT,MICHAEL AR Utility Water Enterprise Fund 177786 281 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 177787 560 BEACON ATHLETICS Operating Supplies Parks Referendum 177788 5,213 BELLBOY CORPORATION Transportation Prairie View Liquor Store 177789 10,533 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Utility Operations-General 177790 1,000 BOLD,PAULINE Instructor Service Outdoor Center 177791 1,127 BRAUN INTERTEC CORPORATION Improvement Contracts Trails Referendum 177792 440 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals 177793 8 CANAKES,STAVROS Program Fee Classes/Programs/Events 177794 442 CANAL PARK LODGE Conference Expense Utility Operations-General 177795 37 CAWLEY COMPANY,THE Clothing&Uniforms Community Center Admin 177796 1,114 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 177797 56 CENTERPOINT ENERGY Gas Arts Center Facilities 177799 3,364 CENTURYTEL Telephone IT Telephone 177800 13 COMCAST Operating Supplies Fire 177801 128 CONNEY SAFETY PRODUCTS Office Supplies General 177802 1,418 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 177803 242 CORPORATE EXPRESS Office Supplies General 177804 13 COSTCO Tuition Reimbursement/School Fire 177805 679 COSTCO Merchandise for Resale Concessions 177806 32 CROFUT FAMILY WINERY Special Event Fees Trips 177807 144 CUB FOODS EDEN PRAIRIE Miscellaneous Police 177808 471 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 177809 7,781 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 177810 220 DISCOUNT SCHOOL SUPPLY Operating Supplies Playgrounds 177811 1,404 DUSTCOATING INC Roads-Dust Control Gravel Roads Dust Control 177812 839 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 177813 255 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager 177814 209 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions City Manager 177815 138 ELIASON,STEVE J Other Contracted Services Softball 177816 449 EMERGENCY AUTOMOTIVE TECHNOLOG Equipment Parts Fleet Operating 177817 912 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 177818 495 ETICA FAIR TRADE Wine Imported Den Road Liquor Store 177819 101 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 177820 75 FERRELLGAS Motor Fuels Fleet Operating 177821 2,097 FINLEY BROS INC Other Contracted Services Park Maintenance 177822 3,424 FIRST INDUSTRIAL AR Utility Water Enterprise Fund 177823 300 FORDAHL,TAMARA Other Contracted Services Volleyball 177824 7,790 FORTIN CONSULTING INC Other Contracted Services Storm Drainage 177825 342 FREY,LYNDELL Special Event Fees Trips 177826 42 FRIDGEN,THOMAS AR Utility Water Enterprise Fund Check# Amount Vendor/Explanation Account Description Business Unit 177827 4,029 GENERAL REPAIR SERVICE Capital Under$10,000 Utility Improvement Fund 177828 185 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 177829 100 GRADY,MATTHEW Facility Rentals Gymnasium(CC) 177830 1,647 GRAINGER Repair&Maint.Supplies Water Treatment Plant 177831 858 GRAND PERE WINES INC Wine Domestic Prairie Village Liquor Store 177832 130 GRAPE BEGINNINGS Transportation Den Road Liquor Store 177833 13,665 GRAYMONT Treatment Chemicals Water Treatment Plant 177834 8,352 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 177835 46 HALL,DERRECK Other Contracted Services Softball 177836 2,880 HAWKINS INC Treatment Chemicals Water Treatment Plant 177837 736 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 177838 97 HIGHLAND BANK Other Contracted Services Police 177839 30 HILL,BRENDA L Other Contracted Services Softball 177840 1,825 HOHENSTEINS INC Beer Prairie View Liquor Store 177841 230 HOLMES,TOM Other Contracted Services Softball 177842 269 ICI DULUX PAINT CTRS Repair&Maint. Supplies Lake Eden Park 177843 526 IND SCHOOL DIST 272 Transportation Preschool Events 177844 25 INDEPENDENT SCHOOL DIST 272 Events/Admission Fee International Festival 177845 15 INDIA PALACE RESTAURANT Events/Admission Fee International Festival 177846 145 IPMA-HR Dues&Subscriptions Human Resources 177847 133 JANEX INC Cleaning Supplies City Hall-CAM 177848 400 JERDE,BRENDA Other Contracted Services Volleyball 177849 14,990 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store 177852 21,832 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 177853 2,049 KEEPERS Clothing&Uniforms Fire 177854 316 KLINE,JESSICA Deposits Escrow 177855 1,734 KRAEMER MINING&MATERIALS INC Asphalt Overlay Street Maintenance 177856 200 KUHL,KIMBER Other Contracted Services Volleyball 177857 248 KUSTOM SIGNALS INC Equipment Repair&Maint Police 177858 100 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations-General 177859 51 LANDS END CORPORATE SALES Clothing&Uniforms Police 177860 192 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 177861 1,508 LIONS TAP Operating Supplies Fire 177862 299 LONESKY,JAMES G Other Contracted Services Softball 177863 800 LUSHINE,PEGGY E Other Contracted Services Arts Initiative 177864 375 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 177865 13,345 MARK VII Beer Prairie View Liquor Store 177866 690 MCGREGOR,RANDY Other Contracted Services Softball 177867 50 MEATH-NELSON,WENDI Other Contracted Services International Festival 177868 957 MEDICINE LAKE TOURS Special Event Fees Trips 177869 301 MENARDS Operating Supplies Engineering 177870 1,069 METRO SALES INCORPORATED* Other Rentals General 177871 514 METROPOLITAN FORD Equipment Parts Fleet Operating 177872 5,684 MICRONICS Equipment Parts Water Treatment Plant 177873 1,458 MIDWEST ASPHALT CORPORATION Repair&Maint. Supplies Storm Drainage 177874 716 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 177875 611 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 177876 136 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 177877 205 MN AWWA Conference Expense Utility Operations-General 177878 38,235 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 177879 397 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 177880 831 NEWMECH Contract Svcs-Ice Rink Ice Arena Maintenance 177881 634 O'REILLY AUTOMOTIVE INC Small Tools Fleet Operating 177882 8 PARRIS,PAT Program Fee Red Hat 177883 2,789 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 177884 72 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 177885 883 PETTY CASH Operating Supplies Riley-Jacques Barn 177886 138 PFEIFER,JASON Other Contracted Services Softball 177888 5,515 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 177889 1,335 POMP'S TIRE SERVICE INC Tires Fleet Operating 177890 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 177891 418 POWERPHONE INC Tuition Reimbursement/School Police 177892 951 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 177893 8 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 177894 825 PRIOR WINE COMPANY Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 177896 9,180 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 177897 39 QUICKSILVER EXPRESS COURIER Postage General 177898 364 RAY,LEE Other Contracted Services Softball 177899 277 SERVICEMASTER Operating Supplies Fire 177900 625 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 177901 34 SNAP-ON TOOLS Small Tools Fleet Operating 177902 247 SOSNIECKI,BEN Mileage&Parking Tree Disease 177903 984 STAR TRIBUNE Employment Advertising Organizational Services 177904 468 STATE CHEMICAL MFG.CO.,THE Cleaning Supplies Utility Operations-General 177905 368 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 177906 2,579 STREICHERS Tuition Reimbursement/School Police 177907 46 STROMBERG,STEVEN AND SHEILA AR Utility Water Enterprise Fund 177908 104 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 177909 450 SURLY BREWING CO Beer Den Road Liquor Store 177910 1,123 TESSMAN SEED CO Chemicals Park Maintenance 177911 543 THE OASIS GROUP Employee Assistance Organizational Services 177912 21,981 THORPE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 177913 360 TOUGH CUT SERVICES Other Contracted Services Park Maintenance 177914 4,336 TOWER ASPHALT INC Repair&Maint.Supplies Water System Maintenance 177915 267 TRUE FABRICATIONS Misc Taxable Prairie Village Liquor Store 177916 449 TWIN CITY SEED CO Improvement Contracts CIP Trails 177917 1,000 UNCOMMON GATHERINGS Other Contracted Services Arts Initiative 177918 203 UNIFORMS UNLIMITED Canine Supplies Police 177919 140 UNIVERSITY OF MINNESOTA Conference Expense Engineering 177920 59 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 177921 9 US POSTMASTER-HOPKINS Postage Community Brochure 177922 1,892 US POSTMASTER-HOPKINS Postage Water Accounting 177923 870 VALLEY PAVING INC Other Rentals Street Maintenance 177924 440 VERDE STRATEGIES Lessons&Classes Outdoor Center 177925 1,329 VINOCOPIA Wine Domestic Prairie View Liquor Store 177926 71 VSA INC Video&Photo Supplies Communications 177927 2,432 WINE COMPANY,THE Transportation Den Road Liquor Store 177928 996 WINE MERCHANTS INC Transportation Den Road Liquor Store 177929 3,674 WM MUELLER AND SONS INC Gravel Water System Maintenance 177930 1,922 WORK CONNECTION,THE Other Contracted Services Park Maintenance 177931 1,719 WORLD CLASS WINES INC Transportation Den Road Liquor Store 177932 485 WREDE,JULIANE Other Contracted Services Volleyball 177933 115,083 XCEL ENERGY Electric City Hall-CAM 177934 16,220 YALE MECHANICAL INC Contract Svcs-HVAC Police City Center 177935 60 ZEE MEDICAL SERVICE Safety Supplies Senior Center Operations 177936 759 ZOELLNER,MARK Other Contracted Services Softball 177937 490 MINNESOTA DEPT OF LABOR&INDU Miscellaneous Street Maintenance 177938 1,103 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 177939 194 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 177940 230 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 177941 1,441 AGGREGATE INDUSTRIES Repair&Maint.Supplies Street Maintenance 177942 53 AMERIPRIDE LINEN&APPAREL SER Waste Disposal Den Road Liquor Store 177943 532 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 177944 93 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 177945 50 BARNES,BELINDA A. Other Contracted Services Volleyball 177946 58 BECKER,KATIE Mileage&Parking Playgrounds 177948 11,127 BELLBOY CORPORATION Transportation Prairie View Liquor Store 177949 250 BELTRAMI COUNTY SHERIFF'S DEPA Deposits Escrow 177950 42,475 BERGERSON-CASWELL INC Other Contracted Services Utility Improvement Fund 177953 7,985 BIFFS INC Waste Disposal Park Maintenance 177954 590 BITUMINOUS ROADWAYS Deposits Escrow 177955 1,273 BOLD,PAULINE Instructor Service Outdoor Center 177956 20 BOURASSA,JUDY Deposits Community Center Admin 177957 4,192 BRINKMANS INC Capital Under$10,000 Fire 177958 1,698 CAPITAL CITY GLASS INC Equipment Repair&Maint Fire 177959 1,127 CEMSTONE PRODUCTS COMPANY Operating Supplies Fire 177961 2,088 CENTERPOINT ENERGY Gas Water Treatment Plant 177962 85 CHUNG,JI EUN Program Fee Arts&Drama Programs 177963 634 CLAREYS INC Office Supplies General 177964 1,857 CLEARWATER RECREATION Landscape Materials/Supp Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 177965 13 COMCAST Operating Supplies Fire 177966 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 177967 330 CONTROL STUFF INC. Process Control Services Process Control 177968 929 CORPORATE EXPRESS Office Supplies General 177969 275 COUNTRY WIDE SUPPLY Repair&Maint.Supplies Fire 177970 571 CREAMER,LORI Tuition Reimbursement/School Organizational Services 177971 2,622 CRETEX CONCRETE PRODUCTS NORTH Repair&Maint.Supplies Infiltration/Inflow Study 177972 2,448 CUTTING EDGE CREATIONS INC Capital Under$10,000 Park Acquisition&Development 177973 78,413 DAKOTA SUPPLY GROUP INC Machinery&Equipment Water Metering 177974 997 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 177975 8,435 DAY DISTRIBUTING Beer Prairie View Liquor Store 177976 68 DESIGN DESIGN Transportation Den Road Liquor Store 177977 1,736 DNR Clothing&Uniforms Recreation Administration 177978 20 DOHRMANN,RICHARD Deposits Community Center Admin 177979 5,435 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 177980 4,192 EARL F ANDERSEN INC Operating Supplies Park Maintenance 177981 80 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 177982 30 EDEN PRAIRIE HISTORICAL SOCIET Other Rentals Environmental Education 177983 360 EF JOHNSON Equipment Repair&Maint Wireless Communication 177984 70 EGAN OIL COMPANY Equipment Parts Fleet Operating 177985 444 ELVIN SAFETY LLC Repair&Maint.Supplies Fire 177986 2,529 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 177987 988 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services 177988 786 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 177989 75 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 177990 285 ETICA FAIR TRADE Wine Imported Prairie View Liquor Store 177991 179 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 177992 45 FAGNANT,SUSAN Instructor Service Outdoor Center 177993 32 FASTENAL COMPANY Equipment Parts Fleet Operating 177994 532 FINLEY BROS INC Repair&Maint. Supplies Park Maintenance 177995 3,339 FIRE SAFETY USA INC Small Tools Fire 177996 47 FORCE AMERICA Equipment Parts Fleet Operating 177997 970 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 177998 70 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Internal Events 177999 22 GARNEAU,REBEKAH Operating Supplies Pool Lessons 178000 1,477 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 178001 1,384 GERTENS Landscape Materials/Supp Park Maintenance 178002 629 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 178003 10,455 GOODPOINTE TECHNOLOGY CORPORAT Other Contracted Services Park Maintenance 178004 259 GRAINGER Equipment Parts Fleet Operating 178005 1,068 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 178006 8 GRAVES,MARIAN Program Fee Classes/Programs/Events 178007 13,604 GRAYMONT Treatment Chemicals Water Treatment Plant 178008 26,831 GREGERSON ROSOW JOHNSON&NILA Legal Den Road Building 178010 16,449 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 178011 1,529 HACH COMPANY Laboratory Chemicals Water Treatment Plant 178012 1,700 HARLEY CONSULTING&COACHING Other Contracted Services Recreation Administration 178013 6,769 HAWKINS INC Treatment Chemicals Water Treatment Plant 178014 3,390 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 178015 224,392 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits 178016 84 HENNEPIN COUNTY I/T DEPT Operating Supplies Wireless Communication 178017 2,838 HENNEPIN COUNTY TREASURER Board of Prisoner Police 178018 108 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 178019 1,253 HIGHWAY TECHNOLOGIES INC Equipment Repair&Maint Water System Maintenance 178020 250 HIRSCH,MADELINE Other Contracted Services Volleyball 178021 650 HOWARD,STEVEN E Other Contracted Services Riley-Jacques Barn 178022 251 HULES,JILL Operating Supplies Fire 178023 260 I E CLARK PUBLICATIONS Other Contracted Services Arts Initiative 178024 3,235 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 178025 101,142 IMPERIAL DEVELOPERS Improvements to Land Parks Referendum 178026 285 IND SCHOOL DIST 272 Office Supplies Housing and Community Service 178027 601 INFRATECH Repair&Maint.Supplies Water System Maintenance 178028 253 JENKINS,JOEL S Other Contracted Services Softball 178029 50 JERDE,DEREK D Other Contracted Services Volleyball 178030 8,391 JJ TAYLOR DIST OF MN Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 178031 581 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 178034 37,738 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 178035 40 JONES,KELLY&NATHANIAL Deposits Community Center Admin 178036 5,436 KAMIDA INC Other Assets Capital Impr/Maint Fixed 178037 447 KEEPERS Clothing&Uniforms Police 178038 18 KOCOUREK,JOAN Clothing&Uniforms Police 178039 80 KRUEGER,MARK Clothing&Uniforms Police 178040 59 LANDS END CORPORATE SALES Clothing&Uniforms Police 178041 266 LANO EQUIPMENT INC Equipment Parts Park Maintenance 178042 478 LANZI,BOB Mileage&Parking Ice Arena 178043 199,229 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 178044 375 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 178045 261 LESCO INC Asphalt Overlay Street Maintenance 178046 1,016 LIGHTNING PRINTING INC Printing International Festival 178047 1,610 MAAO Conference Expense Assessing 178048 955 MAECK,TOM Other Contracted Services Community Band 178049 21,317 MARK VII Beer Prairie View Liquor Store 178050 4,400 MARTIN-MCALLISTER Employment Support Test Organizational Services 178051 59 MARTINEZ,JANET Program Fee Day Camp 178052 947 MENARDS Building Materials Park Maintenance 178053 28 MERLINS ACE HARDWARE Operating Supplies Round Lake Beach 178054 16,261 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 178055 254,815 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 178056 78 METROPOLITAN FORD Equipment Parts Fleet Operating 178057 2,775 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 178058 1,258 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 178059 80 MILLERBERND,BRENDA Program Fee Safety Camp 178060 1,119 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 178061 20 MINNESOTA CHAPTER IAAI Tuition Reimbursement/School Fire 178062 177 MINNESOTA CONWAY Operating Supplies Fire 178063 117 MINNESOTA COUNTY ATTORNEYS ASS Printing Police 178064 1,830 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 178065 85 MINNESOTA LEGAL REGISTER Dues&Subscriptions Assessing 178066 350 MINNESOTA STATE FIRE MARSHAL Tuition Reimbursement/School Fire 178067 100 MORAN USA,LLC Transportation Den Road Liquor Store 178068 20 MORRIS,DENISE Deposits Community Center Admin 178069 750 MRPA Miscellaneous Community Center Admin 178070 1,680 MSP COMMUNICATIONS Other Contracted Services Economic Development 178071 967 MTI DISTRIBUTING INC Equipment Repair&Maint Fleet Operating 178072 1,774 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 178073 45 NORCOSTCO Operating Supplies Arts Initiative 178074 175 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 178075 687 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 178076 5,846 NORTHSTAR MUDJACKING SPECIALIS Improvement Contracts CIP Trails 178077 149 PACIFIC DIRECT Transportation Den Road Liquor Store 178078 2,137 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 178081 20,349 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 178082 1,050 PLANET SPIRIT Instructor Service Camps 178083 1,186 POMP'S TIRE SERVICE INC Equipment Parts Fleet Operating 178084 1,957 POSITIVE COMPANIES Deposits Escrow 178085 128 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 178086 9,217 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 178087 1,099 PRIOR WINE COMPANY Transportation Prairie View Liquor Store 178088 401 PROP United Way Withheld General Fund 178089 5 PUBLIC EMPLOYEES RETIREMENT AS Other Contracted Services Health and Benefits 178091 10,920 QUALITY WINE&SPIRITS CO Liq Inventory Credits Prairie View Liquor Store 178092 1,174 QWEST Telephone IT Telephone 178093 175 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 178094 390 RAY,LEE Other Contracted Services Softball 178095 547 REBS MARKETING Other Contracted Services Water Accounting 178096 187 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 1996 178097 5,674 RELIAKOR SERVICES INC Seal Coating Street Maintenance 178098 360,217 RJM CONSTRUCTION INC Improvements to Land Community Center Expansion 178099 40 SANG,CAREY&CHRISTOPHER Deposits Community Center Admin 178100 40 SARLES,DONALD&KATHLEEN Deposits Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit 178101 112 SCHARBER&SONS Equipment Repair&Maint Park Maintenance 178102 984 SCHAUMBURG,ROBERT L Other Contracted Services Organizational Services 178103 37 SCHLUCK,MARY Lessons&Classes Ice Arena 178104 50 SCHREYER,JORDAN Operating Supplies Pool Lessons 178105 614 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 178106 20 SHEA,STEPHEN Deposits Community Center Admin 178107 3,294 SHERBARTH-LYNCH,SANDRA Instructor Service Tennis 178108 42 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 178109 414 SMITH,MEGAN Other Contracted Services Softball 178110 43 SNAP-ON TOOLS Small Tools Fleet Operating 178111 3,390 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 178112 789 SPS COMPANIES Operating Supplies Fire 178113 618 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating 178114 223 STAR TRIBUNE Dues&Subscriptions Fire 178115 187 STATE SUPPLY COMPANY Supplies-Plumbing Park Shelters 178116 646 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 178117 840 STREICHERS Clothing&Uniforms Police 178118 565 STRUCTURES HARDSCAPES Deposits Escrow 178119 186 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 178120 2,600 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 178121 3,378 TEAM LABORATORY CHEMICAL CORPO Repair&Maint.Supplies Sewer Liftstation 178122 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 178123 163 TESSMAN SEED CO Landscape Materials/Supp Street Maintenance 178124 6,825 THATCHER COMPANY OF MONTANA Treatment Chemicals Water Treatment Plant 178125 120 THOMAS,S C Program Fee Outdoor Center 178126 23,274 THORPE DISTRIBUTING Beer Prairie View Liquor Store 178127 106 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 178128 217 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 178129 365 TRUE FABRICATIONS Transportation Den Road Liquor Store 178130 1,562 TWIN CITY SEED CO Chemicals Park Maintenance 178131 227 UNIFORMS UNLIMITED Canine Supplies Animal Control 178132 405 UNITED WAY United Way Withheld General Fund 178133 26 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 178134 22 UPS Postage Fire 178135 75 US BANK Other Contracted Services Health and Benefits 178136 2,601 USA MOBILITY WIRELESS INC Pager&Cell Phone Wireless Communication 178137 209 VERIZON WIRELESS Pager&Cell Phone Police 178138 4,202 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General 178139 276 VINO SOURCE,THE Transportation Den Road Liquor Store 178140 33 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 178141 432 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 178142 1,490 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 178143 206,800 WEST HENNEPIN AFFORDABLE HOUSI Other Contracted Services Rehab 178144 128 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 178145 338 WIGLEY AND ASSOCIATES Software Information Technology 178147 50 WILSON,JULIE Lessons&Classes Pool Lessons 178148 4,141 WINE COMPANY,THE Transportation Prairie View Liquor Store 178149 5,311 WINE MERCHANTS INC Transportation Prairie View Liquor Store 178150 408 WITT,BETH Mileage&Parking Aquatics&Fitness Admin 178151 114 WM MUELLER AND SONS INC Other Assets Capital Impr/Maint Fixed 178152 1,725 WORK CONNECTION,THE Other Contracted Services Park Maintenance 178153 2,641 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 178154 24 XCEL ENERGY Electric Flying Cloud Off Leash Park 178155 7,300 YALE MECHANICAL INC Contract Svcs-HVAC Community Center Maintenance 178156 590 ZIEGLER INC Contract Svcs-General Bldg Public Works/Parks 178157 417 ASPEN WASTE SYSTEMS INC. Waste Disposal Fleet Operating 178158 647 BRAUN INTERTEC CORPORATION Testing-Soil Boring Utility Improvement Fund 178159 581 CENTERPOINT ENERGY Other Contracted Services Sewer System Maintenance 178160 245 COMCAST Other Contracted Services Water System Maintenance 178161 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Rehab 178162 1,607 GOPHER STATE ONE-CALL INC OCS-Leak Detection Water System Maintenance 178163 1,084 GRAINGER Operating Supplies Utility Operations-General 178164 1,561 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 178165 5 KOCOUREK,JOAN Clothing&Uniforms Police 178166 1,079 KRAEMER MINING&MATERIALS INC Gravel Water System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 178167 14 KRAEMERS HARDWARE INC Repair&Maint. Supplies Water Treatment Plant 178168 455 LAB SAFETY SUPPLY INC Safety Supplies Utility Operations-General 178169 292 MENARDS Repair&Maint. Supplies Sewer System Maintenance 178170 1,869 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 178171 400 MU PERFORMING ARTS INC Other Contracted Services International Festival 178172 8,068 PRAIRIEVIEW RETAIL LLC Repair&Maint.Supplies Prairie View Liquor Store 178173 5,470 SIEMENS BUILDING TECHNOLOGIES Equipment Parts Water Treatment Plant 178174 160 SWEET OCCASIONS FOR YOU Other Rentals Special Initiatives 178175 417 VESSCO INC Equipment Parts Water Treatment Plant 178176 200 WILS Dues&Subscriptions Recreation Administration 178177 36 WILS Conference Expense Recreation Administration 178178 2,474 YALE MECHANICAL INC Building Repair&Maint. Water Treatment Plant 178179 108 BALES,SEAN Other Contracted Services Teen Work Program 178180 27 BARTNIK,AARON B Other Contracted Services Teen Work Program 178181 117 BLISS,BRONTE R Other Contracted Services Teen Work Program 178182 90 CRUMRINE,ROBERT R Other Contracted Services Teen Work Program 178183 2,800 DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Engineering 178184 108 ENDRES,REBECCA A Other Contracted Services Teen Work Program 178185 108 FALLDIN,ZACHARY K Other Contracted Services Teen Work Program 178186 99 HOLM,SARAH A Other Contracted Services Teen Work Program 178187 30 IPMA MINNESOTA Conference Expense Human Resources 178188 99 KRANTZ,ELIZABETH K Other Contracted Services Teen Work Program 178189 10 LEAGUE OF MINNESOTA CITIES Conference Expense Engineering 178190 144 LELYUHK,DENIS Other Contracted Services Teen Work Program 178191 3,417 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 178192 117 MARQUIS,KATHERINE I Other Contracted Services Teen Work Program 178193 180 MILTON,EMILY G Other Contracted Services Teen Work Program 178194 3,430 MINNESOTA DEPT OF LABOR&INDU Licenses,Permits,Taxes Utility Operations-General 178195 45 O'CONNELL,KAYLEE M T Other Contracted Services Teen Work Program 178196 126 SHAH,BANSARI B Other Contracted Services Teen Work Program 178197 20 STATE OF MINNESOTA Operating Supplies DWI Forfeiture 178198 126 SYED,ZOHAIB Other Contracted Services Teen Work Program 178199 90 ULRICH,RYAN S Other Contracted Services Teen Work Program 178202 125,351 XCEL ENERGY Electric Water Wells 3,308,598 Grand Total City of Eden Prairie Council Check Summary 9/2/2008 Division Amount Division Amount General 42,510 701 Water Fund 320,362 100 City Manager 364 702 Sewer Fund 261,600 101 Legislative 2,760 703 Storm Drainage Fund 20,486 102 Legal Counsel 18,545 803 Escrow Fund 5,898 110 City Clerk 720 806 SAC Agency Fund 16,425 111 Customer Service 5,678 807 Benefits Fund 550,544 112 Human Resources 175 810 Workers Comp Insurance 113,026 113 Communications 2,183 811 Property Insurance 86,203 114 Benefits&Training 10,422 812 Fleet Internal Service 11,802 116 Facilities 18,156 813 IT Internal Service 1,657 117 City Center 71,404 119 Cmty Center-Facilities 34,293 Report Totals 3,308,598 130 Assessing 1,695 131 Finance 238 132 Housing and Community Services 3,664 133 Planning -52 135 Information Technology 338 136 Public Safety Communications 4,393 137 Economic Development 1,710 138 Community Development Admin. 30 151 Park Maintenance 43,280 153 Organized Athletics 5,486 154 Community Center 5,343 155 Beaches 15 156 Youth Programs 7,361 157 Special Events 2,567 158 Adult Recreation 2,783 159 Recreation Administration 709 160 Therapeutic Recreation 516 161 Oak Point Pool 144 162 Arts 5,292 163 Outdoor Center 5,284 164 Park Rental Facilities 303 180 Police 14,311 184 Fire 18,644 186 Inspections 1,607 200 Engineering 2,997 201 Street Maintenance 366,262 202 Street Lighting 63,125 301 CDBG 207,417 303 Cemetary Operation 18 304 Senior Board 5 308 E-911 18 309 DWI Forfeiture 20 315 Economic Development 4,030 502 Park Development 2,448 503 Utility Improvement 49,870 506 Improvment Bonds 1996 187 509 CIP Fund 1,313 512 CIP Trails 2,609 515 Fire Station#4 638 519 Community Center Expansion 360,217 520 Parks Referendum 101,729 601 Prairie Village Liquor 131,590 602 Den Road Liquor 181,150 603 Prairie View Liquor 110,991 605 Den Road Building 1,090 CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager September 2, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Office of the City Manager/ Resolution certifying proposed 2009 property tax Finance, Sue Kotchevar levy, accepting proposed 2009 budget, setting date(s) for Truth-in-Taxation hearing(s), and consenting and approving HRA tax levy Requested Action Move to adopt the resolution that: • Certifies the proposed 2009 property tax levy to be $33,113,185; and • Sets the "Truth-in-Taxation"public hearing for Monday, December 1, 2008 and, if necessary, to reconvene the public hearing on Monday December 8, 2008; and • Accepts the proposed 2009 budget of$42,811,155; and • Consents and approves the HRA tax levy of$200,000. Synopsis Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. The City must also set a date for the "Truth-in-Taxation"hearing and a date to reconvene it(if necessary). These dates may not conflict with the initial hearing dates set by Hennepin County, school districts, or the metropolitan taxing districts. Because they get to set their dates before we do, there are a very limited number of dates available. The dates of December 1 and December 8 are the most feasible for us to be within the schedule established by the Minnesota Department of Revenue. The Council must adopt the final tax levy and budget by December 16. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION ADOPTING THE CITY'S PROPOSED 2009 PROPERTY TAX LEVIES,ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2009,AND CONSENT AND APPROVE THE 2009 HRA LEVY WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager's recommended 2009 budget and tax levies; and WHEREAS,the City Council has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED,that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2009 budget. Levy on Tax Capacity $31,391,461 Levy on Market Value 1,721,724 Total LEVY $33,113,185 The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2009. 2. Accepts the 2009 proposed levy of$33,113,185 and proposed budget totaling$42,811,155 at this time. 3. Consents and approves the 2009 HRA tax levy of$200,000. ADOPTED by the City Council on September 2, 2008. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Director of Public Works Report September 2, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.1. Public Works/Engineering Adopt Policy on Temporary Bagging Randy Newton of No Parking Signs Requested Action Move to: Adopt Policy on Temporary Bagging of No Parking Signs. Synopsis The City periodically receives requests to temporarily suspend parking restrictions in order to accommodate the parking needs associated with a special event, parking lot maintenance, or building maintenance. The Policy is intended to provide formal guidance to City Staff for the review and approval of future requests. Background Information The City periodically receives requests to temporarily suspend parking restrictions. The procedures outlined in the Policy Statement for permitting the temporary suspension of parking restrictions are based on past experience and the current practice that has evolved. The Policy Statement states that the following minimum criteria shall be met in order to permit the temporary suspension of a parking restriction: 1) The applicant shall be a property owner, property manager, or tenant of a property in the immediate vicinity of the area requested for temporary parking. 2) The parking need shall be in connection with a special event,parking lot maintenance, building maintenance, or other similar activity than can not be reasonably accommodated on site. 3) The event shall not be a regularly occurring event. 4) The temporary parking will not create a hazard to public safety. 5) The temporary parking will occur on only one side of the street if both sides have been designated for no parking. In addition, depending on the specific nature of the request, the City may require that the following options be implemented in addition to or instead of a temporary suspension of a parking restriction: 1) Busing from a remote site. 2) Minimizing parking demand by utilizing Transportation Demand Management techniques. 3) Utilization of adjacent private parking areas. Attachments • Policy on Temporary Bagging of No Parking Signs 09-08 Eden Prairie Policy Statement Temporary Bagging of No Parking Signs Policy Statement Parking restrictions have been placed on a number of roadways throughout Eden Prairie to maintain and protect the function of the roadway system and to manage on-street parking. The City periodically receives requests to temporarily suspend parking restrictions in order to accommodate the parking needs associated with a special event,parking lot maintenance, or building maintenance. In these cases the City Engineer(or assigned designee) will work with the property owner, property manager, or tenant to develop a parking plan based on the procedure outlined below. Procedure All requests for the temporary suspension of parking restrictions should be directed to the City Engineer(or assigned designee). The City Engineer(or assigned designee)will review each request on a case by case basis and if appropriate approve a permit allowing the bagging of the parking restriction for a designated time period. In order to permit the temporary suspension of a parking restriction the following minimum criteria shall be met: 1) The applicant shall be a property owner, property manager, or tenant of a property in the immediate vicinity of the area requested for temporary parking. 2) The parking need shall be in connection with a special event,parking lot maintenance, building maintenance, or other similar activity than can not be reasonably accommodated on site. 3) The event shall not be a regularly occurring event. 4) The temporary parking will not create a hazard to public safety. 5) The temporary parking will occur on only one side of the street if both sides have been designated for no parking. 09-08 In addition, depending on the specific nature of the request, the City Engineer (or assigned designee) may require that the following options be implemented in addition to or instead of a temporary suspension of a parking restriction: 1) Busing from a remote site. 2) Minimizing parking demand by utilizing Transportation Demand Management techniques. 3) Utilization of adjacent private parking areas. If the City Engineer(or assigned designee) determines that it is appropriate to approve a temporary suspension of a parking restriction a Temporary Bagging of No Parking Sign permit shall be completed. The permit shall include the requestor's contact information and the specific location and duration of the parking restriction suspension. It is intended that the requestor will be responsible for the bagging and un-bagging of the parking signs and that all bagging will be competed with black garbage bags. The completed permit shall be distributed to the requestor, Police Department, Fire Department and Street Maintenance Division. Background Parking restrictions have been placed on a number of roadways throughout Eden Prairie to maintain and protect the function of the roadway system and to manage on-street parking. The primary parking restrictions that have been placed in Eden Prairie include (but are not limited to)the following: 1) Standard No Parking signs (24 Hour No Parking restriction) 2) Time of Day No Parking Signs (7 AM—5 PM, Monday—Friday) 3) 1 Hour Parking (1 Hour Parking, 7 AM—3 PM, Monday—Friday) On higher volume streets such as Arterials and Major Collectors parking restrictions have been placed to protect the safety and capacity of these roadways. If Municipal State Aid funds have been utilized to construct the roadway based on a design without on-street parking standards, the Office of State Aid requires a City Council resolution prohibiting parking on the street. Parking restrictions on these streets are typically posted on both sides of the street as 24 Hour restrictions. On local streets parking restrictions are typically placed to address a specific parking issue that has developed. These parking restrictions are tailored to address the specific nature of the parking problem. Although it is important to understand the rationale for the original placement of the parking restriction, in many cases it is possible and reasonable to temporarily suspend the parking restriction—particularly when dealing with local roadways. 09-08 In the discussion on parking restrictions it is important to note that the Eden Prairie City Code specifies parking requirements for all development types (Office, Industrial, Commercial, and Residential). These requirements have guided development in Eden Prairie with a result that normal parking needs of each development can be accommodated without the use of on-street parking. As a result, the use of on-street parking should not be critical to the day to day operation of any business or resident. However, the City does periodically receive requests to temporarily suspend parking restrictions. Historically these requests have been made to enable a property owner, property manager, or tenant to hold a special event or perform parking lot or building maintenance. Since the early 1990's engineering staff has been working with property owners, property managers, and tenants to accommodate these parking needs while maintaining the safety and mobility of the surrounding roadways and the integrity of the posted parking restrictions. The procedures outlined above for permitting the temporary suspension of parking restrictions are based on this experience and the current practice that has evolved. CITY COUNCIL AGENDA DATE: SECTION: Director of Public Works Report September 2, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.2. Public Works/Engineering Adopt Policy on Temporary Stop Sign Randy Newton Control at Traffic Signal Systems Experiencing an Electrical Power Outage Requested Action Move to: Adopt Policy on Temporary Stop Sign Control at Traffic Signal Systems Experiencing an Electrical Power Outage. Synopsis The Policy was developed to formalize the City's response to Traffic Signal Systems Experiencing an Electrical Power Outage. With adoption it will be the standard policy of the City of Eden Prairie to not install temporary stop signs at traffic control signal systems that experience an unexpected electrical power outage. Background Information At times, Traffic Control Signal Systems experience an unexpected electrical power outage causing the signal system to not operate properly. In the past the City of Eden Prairie has tried to respond to these events by placing temporary stop signs at the non-operating signal system. Based on this past experience and for the following reasons it shall be the standard policy of the City of Eden Prairie to not install temporary stop signs at traffic control signal systems that experience an unexpected loss of power: 1) Based on past history, the electrical utility company responds in an efficient manner to the identified situation. 2) By the time the City obtains the necessary and correct information, organizes its manpower, equipment, and materials, travels to the site (typically 1 hour or more), the electrical power is usually back on. 3) When a Traffic Control Signal System is not operating the intersection reverts to an "uncontrolled intersection" and drivers are required by law to proceed with caution. 4) There are inherent risks to Public Works and Police personnel, as well as the traveling public, in placing and removing temporary stop signs. 5) In placing the temporary stop signs at the non-operating traffic signal there is an increased potential that when the signal system power is restored there will be a traffic control conflict between the stop signs and the operating traffic signal. 6) Weather conditions that cause electrical power outages can often make it difficult to effectively maintain temporary stop signs. 7) Under all situations Police personnel retain the right to manually control the intersection as necessary to serve the public. Although the standard policy of the City of Eden Prairie is to not install temporary stop sign, it is understood that in the case of an identified extended power outage, a planned power outage or other special circumstance the City may determine that it is in the best interest of the traveling public to place temporary stop signs. Such circumstances may include but are not limited to: • The City has received communication from the electrical power company that the outage will be of an extended duration(a minimum of 4 hours). • The extended electrical power outage will extend through a peak weekday travel period. • Planned electrical power outages. • Stop sign control is anticipated to provide a benefit to the safety and operation of the intersection. Attachments • Policy on Temporary Stop Sign Control at Traffic Signal Systems Experiencing an Electrical Power Outage. 09-08 Eden Prairie Policy Statement Temporary Stop Sign Control at Traffic Signal Systems Experiencing an Electrical Power Outage Policy Statement It shall be the standard policy of the City of Eden Prairie to not install temporary stop signs at traffic control signal systems that experience an unexpected electrical power outage. In the case of an identified extended power outage, a planned power outage or other special circumstance the Police Chief(for emergency purposes) and/or Director of Public Works (for planned outages) or their assigned designees may determine that it is in the best interest of the traveling public to place temporary stop signs. If temporary stop signs are placed the implementation procedures outlined below shall be followed. Background At times, Traffic Control Signal Systems experience an unexpected electrical power outage causing the signal system to not operate properly. In the past the City of Eden Prairie has tried to respond to these events by placing temporary stop signs at the non- operating signal system. Based on this past experience and for the following reasons it shall be the standard policy of the City of Eden Prairie to not install temporary stop signs at traffic control signal systems that experience an unexpected loss of power: 1) Based on past history, the electrical utility company responds in an efficient manner to the identified situation. 2) By the time the City obtains the necessary and correct information, organizes its manpower, equipment, and materials, travels to the site (typically 1 hour or more), the electrical power is usually back on. 3) When a Traffic Control Signal System is not operating the intersection reverts to an"uncontrolled intersection" and drivers are required by law to proceed with caution. 4) There are inherent risks to Public Works and Police personnel, as well as the traveling public, in placing and removing temporary stop signs. 09-08 5) In placing the temporary stop signs at the non-operating traffic signal there is an increased potential that when the signal system power is restored there will be a traffic control conflict between the stop signs and the operating traffic signal. 6) Weather conditions that cause electrical power outages can often make it difficult to effectively maintain temporary stop signs. 7) Under all situations Police personnel retain the right to manually control the intersection as necessary to serve the public. Although the standard policy of the City of Eden Prairie is to not install temporary stop sign, it is understood that in the case of an identified extended power outage, a planned power outage or other special circumstance the Police Chief(for emergency purposes) and/or Director of Public Works (for planned outages) or their assigned designees may determine that it is in the best interest of the traveling public to place temporary stop signs. Such circumstances may include but are not limited to: • The City has received communication from the electrical power company that the outage will be of an extended duration(a minimum of 4 hours). • The extended electrical power outage will extend through a peak weekday travel period. • Planned electrical power outages. • Stop sign control is anticipated to provide a benefit to the safety and operation of the intersection. Since electrical power is provided by private utility companies, over which the City has no control, the City does not formally track the location, duration, or resolution of electrical power outages involving traffic signal systems. However, as a practice the City forwards reports of electrical power outages involving traffic signal systems directly to the responsible private utility company. In order to determine if an electrical power outage involving a traffic signal system will be of an extended duration Police Department personnel try to visit the subject intersection as time and resources permit. If personnel for the electrical power company are on site the Police Department make an initial effort to determine the extent and duration of the electrical power outage. In addition, if after several hours (2 to 6 hours) the electrical power outage involving a traffic signal system has not been resolved, and at the discretion of the Police Chief(or assigned designee), the Signal Technician may be contacted to determine the extent and expected duration of the outage. Implementation Procedures When the Police Chief and/or Director of Public Works or their assigned designees determine it is in the best interest of the traveling public to place Temporary Stop Sign Control at a signal system experiencing an electrical power outage the following procedures should be followed: 09-08 1) An appropriate contact person with the responsible electrical power company should be identified. 2) The responsible operating agency(Hennepin County or the Minnesota Department of Transportation) shall immediately be informed of the placement of the temporary stop sign control. 3) Prior to the placement of any temporary traffic control signs authorized personnel shall place the traffic signal system into the "FLASH" mode via the police panel located on the outside of the controller cabinet. The traffic signal system shall remain in the "FLASH" mode until all temporary traffic control signs are removed. 4) Each approach leg for the intersection shall have a right side Stop and right side Stop Ahead sign installed. The minimum size of these signs is based upon the speed limit. • 36" signs for speed limits of 30 mph—40 mph • 48" signs for speed limits of 45 mph—55 mph 5) Left side Stop signs shall be installed on all roadways other than two lane roadways. The minimum size of left side Stop signs is 30". When appropriate they may be placed in the roadway. 6) High Intensity signage (or a sheeting with greater retroreflectivity) and Flashers shall be used on all temporary traffic control signs. 7) All temporary traffic control signage shall conform to the MMUTCD. 8) Once electrical power to the traffic control signal system is regained all traffic control signs shall be removed prior to taking the signal system out of"FLASH" mode. 9) The responsible operating agency(Hennepin County or the Minnesota Department of Transportation) shall immediately be informed of the removal of the temporary stop sign control.