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HomeMy WebLinkAboutCity Council - 05/18/2010 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 18,2010 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, Ron Case, 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, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING: PROCESS & FUTURE Council Chamber II. OPEN PODIUM A. DANIEL ZEIEN—DOG LICENSES AND RECREATIONAL FIRE GUIDELINES B. JILL RASMUSSEN—KEEPING CHICKENS C. RON MEUSER—PARK TRAIL ON DUCK LAKE TRAIL/EDEN PRAIRIE ROAD III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 18, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Jon Duckstad, Kathy Nelson, and Ron Case 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. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE RELAY FOR LIFE UPDATE B. HUMAN RIGHTS AWARDS C. 2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,MAY 4, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 4, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RANDY'S BOBBY& STEVE'S AUTO WORLD by Randy's Bobby& Steve's Auto World, LLC. Second reading of the Ordinance for PUD District Review with waivers on 1.08 acres; Zoning District change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres and Site Plan Review on 1.08 acres. Location: Southwest corner of Flying Cloud Drive and Singletree Lane. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) CITY COUNCIL AGENDA May 18, 2010 Page 2 C. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS FOR PROTECTION OF WETLANDS AND ADOPT SUMMARY RESOLUTION FOR PUBLICATION D. ADOPT RESOLUTION APPROVING FINAL PLAT OF GRACE CHURCH FIRST ADDITION E. ADOPT RESOLUTION APPROVING FINAL PLAT OF AUTO WORLD ADDITION (RANDY'S BOBBY& STEVE'S) F. ADOPT RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR SINGLETREE LANE IMPROVEMENTS TO NORTHWEST ASPHALT INC.,I.C. 07-5690 G. ADOPT RESOLUTION APPROVING GRANT AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR THE 2010-2011 SAFE AND SOBER COMMUNITIES PROJECT H. APPROVE AT&T LEASE AGREEMENT I. AWARD BID FOR TRAIL OVERLAY WORK TO BITUMINOUS ROADWAYS, INC. J. AWARD BID FOR FRANLO ROAD SIDEWALK CONSTRUCTION TO S.M. HENTGES & SONS, INC. IX. PUBLIC HEARINGS/MEETINGS A. RILEY-JACQUES DRIVEWAY & PARKING C.O.A. Certificate of Appropriateness for construction of a three-space parking area and driveway alterations for the Riley-Jacques farmhouse. B. WILLIAM HOAG by William Hoag. Request for Zoning District change from Rural to R1-13.5 on .55 acres. Location: 12005 Sunnybrook Road. (Ordinance for Zoning District Change) C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTERS 5, 9 AND 11,RELATING TO RECYCLING X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE THAT RENAMES CHARLSON ROAD TO ROBINSON WAY B. RESOLUTION ADDRESSING CONCERNS WITH LIGHT RAIL TRANSIT CITY COUNCIL AGENDA May 18, 2010 Page 3 XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Summer Council Meeting Schedule 2. International Visitors C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Joint Airport Zoning Board Ordinance and Indemnification & Cooperation Agreement XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: May 14, 2010 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, May 18, 2010 TUESDAY, MAY 18, 2010 7:00 PM, COUNCIL CHAMBER I. ROLL CALL / CALL THE MEETING TO ORDER II. COLOR GUARD / PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS /PRESENTATIONS A. EDEN PRAIRIE RELAY FOR LIFE UPDATE Eden Prairie Relay for Life Chair Jody Russell will give an update on the 2010 Relay for Life. B. HUMAN RIGHTS AWARDS Pamela Spera, Chair of the Human Rights & Diversity Commission, will read the information for each recipient and the Mayor will present the plaques. Human Rights Award — Non-Profit Organization Recipient City Hill Tutoring— a program offered by City Hill Fellowship Church Human Rights Award — Individual Recipients Kerry Holtmeier Hallee — Coordinator, FamiLink Resource Center Gardner Gay— Executive Director, A Better Chance Foundation Human Rights Award — Business Recipient SouthWest Transit ANNOTATED AGENDA May 18,2010 Page 2 C. 2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT Steve Wischmann, Partner in the accounting firm Kern Dewenter Viere Ltd. will make a presentation of the financial report. Synopsis: Minnesota statutes require that by June 30 of each year,the City prepare a financial report for activities of the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Division. The report is prepared with review by the independent auditing firm of Kern,Dewenter,Viere,Ltd. Kern, Dewenter,Viere, Ltd issued an unqualified opinion which is the highest level of opinion the City can receive and means the auditor believe the financial statements are fairly presented in all material respects. MOTION: Move to accept the 2009 Comprehensive Annual Financial Report (CAFR). V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MAY 4, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 4, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK'S LICENSE LIST B. RANDY'S BOBBY& STEVE'S AUTO WORLD by Randy's Bobby& Steve's Auto World, LLC. Second reading of the Ordinance for PUD District Review with waivers on 1.08 acres; Zoning District change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres and Site Plan Review on 1.08 acres. Location: Southwest corner of Flying Cloud Drive and Singletree Lane. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) ANNOTATED AGENDA May 18,2010 Page 3 C. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS FOR PROTECTION OF WETLANDS AND ADOPT SUMMARY RESOLUTION FOR PUBLICATION D. ADOPT RESOLUTION APPROVING FINAL PLAT OF GRACE CHURCH FIRST ADDITION E. ADOPT RESOLUTION APPROVING FINAL PLAT OF AUTO WORLD ADDITION (RANDY'S BOBBY & STEVE'S) F. ADOPT RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR SINGLETREE LANE IMPROVEMENTS TO NORTHWEST ASPHALT INC., I.C. 07-5690 G. ADOPT RESOLUTION APPROVING GRANT AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR THE 2010-2011 SAFE AND SOBER COMMUNITIES PROJECT H. APPROVE AT&T LEASE AGREEMENT I. AWARD BID FOR TRAIL OVERLAY WORK TO BITUMINOUS ROADWAYS,INC. J. AWARD BID FOR FRANLO ROAD SIDEWALK CONSTRUCTION TO S.M. HENTGES & SONS, INC. IX. PUBLIC HEARINGS/MEETINGS A. RILEY-JACQUES DRIVEWAY & PARKING C.O.A. Certificate of Appropriateness for construction of a three-space parking area and driveway alterations for the Riley-Jacques farmhouse. Official notice of this public hearing was published in the May 7, 2010,Eden Prairie News and sent to 25 property owners. Synopsis: The Heritage Preservation Commission(HPC) has reviewed plans and application for a Certificate of Appropriateness (COA) for the Riley-Jacques Farmstead located at 9100 Riley Lake Road. The COA application is for site alterations, which include the addition of a three space parking area located south of the house, adjacent to the existing driveway, and termination of the driveway access points that currently merge onto the park trail west of the house. Parking is needed to accommodate off driveway parking for tenants. Termination of the driveway access points to the trail will eliminate using the driveway and trail as a driveway loop. The parking area plan and driveway alterations for the Riley-Jacques Farmstead were reviewed per City Code, Section 11.05, Subd. 5.C. The plan was found to meet General Preservation Standards and minimize adverse effects as follows: ANNOTATED AGENDA May 18,2010 Page 4 • Limit parking to three spaces • Maintain original grades where possible • Installation of sod/grass seed over existing driveway at trail intersections to limit access to driveway • Restore all areas affected by construction to original condition The HPC reviewed the Certificate of Appropriateness application at its regularly scheduled meeting on April 19, 2010. The Commission voted in favor(5-0). The HPC recommends that the City Council approve Certificate of Appropriateness No. 2010-01-007. MOTION: Move to: • Close the Public Hearing; and • Adopt the Findings and Approve Certificate of Appropriateness #2010-01-007 (Riley-Jacques Farmstead Parking Space and Driveway Alterations) B. WILLIAM HOAG by William Hoag. Request for Zoning District change from Rural to R1-13.5 on .55 acres. Location: 12005 Sunnybrook Road. (Ordinance for Zoning District Change) Official notice of this public hearing was published in the May 7, 2010,Eden Prairie News and sent to 27 property owners. Synopsis: The Planning Commission held a public hearing on April 26, 2010 to discuss a request from William Hoag to rezone .55 acres from Rural to R1-13.5 and a front yard setback variance in order to rebuild a house that had collapsed. The commission was comfortable with the rezoning, but needed more information on the variance. The commission continued the item until May 10. The commission did not have quorum on May 10, and the hearing was continued to May 24. MOTION: Move to continue the public hearing to the June 15, 2010, City Council meeting. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTERS 5, 9 AND 11,RELATING TO RECYCLING Official notice of this public hearing was published in the May 7, 2010,Eden Prairie News. ANNOTATED AGENDA May 18,2010 Page 5 Synopsis: Chapter 5, Section 5.36-licensing of collectors of solid, recyclable and/or yard waste. • The proposed change would require the Licensee (recycling service)to provide a quarterly written report. This is currently required for the Licensee providing services to single family and multifamily households. Chapter 9, Section 9.01 -storage, deposit and collection of refuse,yard waste, recyclable waste and solid waste. • List the zoning districts in which owners, associations, and other management entities would make available to tenants the collection of recyclable wastes. These zoning districts are OFC, I-2, I-5, I-Gen, C-Reg, C-Reg-Ser, C-Comm,N-Comm, C-Hwy, and TC. • Provide recycling information for tenants. • Provide containers to tenants. Chapter 11, Section 11.03 establishment of district, special requirements and performance standards. • Plans will be required to show the location of trash and recycling enclosures. The enclosures would be required to meet architectural standards and setbacks. For the last 20 years,by development agreement,the City has required that development plans (330 properties) show the location of trash and recycling enclosures for screening purposes. In July 2009 the Conservation Commission began discussions about amending the City Code for recycling in commercial, office and industrial areas. Currently recycling services are available for single family and multiple family areas. At the December 11, 2009, Planning Commission meeting, staff presented an outline of the proposed changes to Chapters 5, 9, and 11 relating to recycling. The Planning Commission directed staff to work with the City Attorney to prepare a draft ordinance. On March 9, 2010, staff presented the draft ordinance to the Conservation Commission. The Conservation Commission voted 5-0 and recommended to move the proposed code amendment to the Planning Commission. On March 16, 2010, staff presented the proposed code amendment to the Chamber of Commerce Government Committee. The committee was pleased that the proposed code amendment would apply to new construction only. The Planning Commission voted 6-0 to recommend approval of the code amendment at the April 26, 2010 meetint. ANNOTATED AGENDA May 18,2010 Page 6 MOTION: Move to: • Close the Public Hearing; and • Approve First Reading of the Ordinance Amending City Code Chapter 5, Section 5.36, Chapter 9, Section 9.01 and Chapter 11, Section 11.03. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE THAT RENAMES CHARLSON ROAD TO ROBINSON WAY Synopsis: At their April 20, 2010 meeting, Council directed staff to prepare an agenda item to change the name of Charlson Road in response to the request from C. H. Robinson. Staff has conferred with C. H. Robinson and they wish to name the road Robinson Way and have agreed to pay the costs associated with the name change—labor and materials to replace the street signs. If the first reading is approved, the second reading of the ordinance will be scheduled for June 15, 2010. MOTION: Move to approve first reading of an ordinance that renames Charlson Road to Robinson Way. B. RESOLUTION ADDRESSING CONCERNS WITH LIGHT RAIL TRANSIT Synopsis: At the Council's May 4 Workshop, the Council received a presentation on the future of the City's Major Center Area Plan and the future introduction of the Southwest LRT project into the Major Center Area. The Council also received input and feedback on the segment of the light rail project proposed for the Technology Drive from the Chamber of Commerce and businesses in the Technology Drive area. After considering the input from both staff and the business community, the Council asked that a formal resolution be prepared for the Council to adopt at the Council's May 18 Council meeting. The Council directed staff to include in the resolution the concerns expressed by the business community about this segment of the light rail project and a request to Hennepin County to work directly with these, and other similarly impacted, Eden Prairie businesses to find a solution to their concerns. The requested resolution has been drafted and has been included on the Council's May 18 Council meeting agenda for discussion and adoption. If adopted by the Council, staff will transmit the resolution to the appropriate officials at Hennepin County. Staff will also continue to track the Draft Environmental Impact Statement (DEIS)process for this project. The DEIS process has an official comment period in September at which time it may be a good idea for the Council to, again, formally comment on any remaining concerns about the light rail project. Staff will keep Council Members advised on that process and timeline. ANNOTATED AGENDA May 18,2010 Page 7 MOTION: Move to adopt the Resolution addressing Eden Prairie Chamber of Commerce and business concerns with Light Rail Transit. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Summer Council Meeting Schedule 2. International Visitors C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Joint Airport Zoning Board Ordinance and Indemnification & Cooperation Agreement Synopsis: The Metropolitan Airports Commission(MAC) staff has prepared a draft ordinance for the consideration of the Joint Airport Zoning board (JAZB) and an Indemnification & Cooperation Agreement for each of the JAZB member cities. At the request of the City Manager the City Attorney reviewed both drafts and made recommendations for the Council to consider. In February of this year the Council approved the City's participation in JAZB. The Council appointed Council Members Aho and Duckstad to represent the City on JAZB. On April 28th JAZB held a public hearing on a draft zoning ordinance. MAC also presented at about the same time a draft Indemnification& Cooperation Agreement to each Member City. The City Attorney's analysis concerning the most salient features of each document is attached. MOTION: Move to adopt recommendations of the City Attorney, as amended by Council, with respect to the draft Joint Airport Zoning Board (JAZB) Ordinance and Indemnification and Cooperation Agreement. ANNOTATED AGENDA May 18, 2010 Page 8 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Presentations &Proclamations May 18, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Community Development Human Rights Awards Molly Koivumaki, Manager, Housing & Community Services Requested Action Recipients of the Human Rights Awards will be recognized. Human Rights Award—Non-Profit Organization Recipient City Hill Tutoring—a program offered by City Hill Fellowship Church Human Rights Award—Individual Recipients Kerry Holtmeier Hallee—Coordinator, FamiLink Resource Center Gardner Gay—Executive Director, A Better Chance Foundation Human Rights Award—Business Recipient SouthWest Transit Background Human Rights and Diversity Commission: Pamela Spera, Chair Marcy Harris, Vice Chair Peter Huck Linda Crawford Lauren Jergensen Gayle Sanders Robert Rozanski Staff Liaison: Molly Koivumaki Attachments Recipient Information Human Rights Awards Non-Profit Recipient City Hill Tutoring of City Hill Fellowship of Eden Prairie City Hill Tutoring, sponsored by City Hill Fellowship of Eden Prairie is a free homework-help program for local English Language Learner (ELL) students. A team of tutors meets with K-12 students at the Eden Prairie Library on a weekly basis during the school year. While it is open to all, it is accessed primarily by low-income Somali families, as many parents are unable to help their children complete homework due to language barriers. Since the program began in the fall of 2007, tutors have served over 70 children and teenagers that attend Eden Prairie Schools. The volunteer tutors demonstrate acceptance and respect for students and their families, giving of their knowledge and skills freely and providing an atmosphere of caring for others at a community venue. The Human Rights and Diversity Commission believes this program promotes the community spirit that the City of Eden Prairie is striving for— partnering together to continue the development of a multi-cultural community. Individual Recipients (2) Kerry Holtmeier Hallee Kerry Holtmeier Hallee is the Coordinator of the Eden Prairie FamiLink Resource Center, which is a partnership between the City of Eden Prairie and the Eden Prairie School District. The mission of the FamiLink Resource Center is to help connect people to valuable community resources. The service is free and confidential. The school district has benefited by having Kerry's enormous network of care-providers readily accessible to social workers, counselors and other staff to assist at-risk students and families in crisis. The business community has benefited from Kerry's ability to assemble job fairs, to teach potential employees how to access on-line applications and to explain cultural nuances to prevent confusion or resentment among workers. Residents have benefited from Kerry's tireless effort to help them find the resources they need, whether it be for employment, housing or access to social services. Gardner Gay Gardner Gay is the Executive Director of the Eden Prairie "A Better Chance Foundation." The goal of the A Better Chance program is to identify deserving students who are stuck in failing school systems around the country and allow them to participate at Eden Prairie High school to get the education and opportunities that they never would have in their current situations. As the Director of the Foundation, Gardner brings our community together is so many ways. He personally manages a network of hundreds of volunteers who provide the backbone of the program. His hard work, long hours and uncanny abilities to handle incredible demands have resulted in the graduation of scholars and the start of their college careers. Gardner cares deeply and genuinely about the education of our youth. He holds a belief that all students deserve a high quality education and that all students must have the same opportunities to achieve their dreams. Business Recipient SouthWest Transit SouthWest Transit was created in 1986 under a Joint Powers Agreement between Chanhassen, Chaska and Eden Prairie to provide the three cities with public transit service. Over the years, SouthWest Transit has done much more that just provide public transit. Staff from SouthWest Transit have consistently participated on community boards and council and have formed solid partnerships with social services providers, governmental agencies and businesses in Eden Prairie. They promote the fact that they do not believe in a "one shoe fits all" approach to transit, and they strive to tailor their services to meet the needs of the community. SouthWest Transit custom designed a route called the "Shopping Bus" in 2004 to help Eden Prairie's frail and elderly residents get to shopping destinations once a week. This route also provided a fantastic volunteer opportunity for community members to serve as assistants on the Shopping Bus. SouthWest Transit has proven its commitment to serve all the residents of Eden Prairie with dignity and respect. CITY COUNCIL AGENDA DATE: SECTION: Presentations May 18, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Sue Kotchevar, Office of the 2009 Comprehensive Annual Financial City Manager/Finance Report(CAFR) Requested Action Move to: Accept the 2009 Comprehensive Annual Financial Report(CAFR). Synopsis Minnesota statutes require that by June 30 of each year, the City prepare a financial report for activities of the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Division. The report is prepared with review by the independent auditing firm of Kern, Dewenter, Viere, Ltd. Kern, Dewenter, Viere, Ltd issued an unqualified opinion which is the highest level of opinion the City can receive and means the auditor believe the financial statements are fairly presented in all material respects. Steve Wischmann,Partner in the accounting firm will make a presentation of the financial report. Attachments • 2009 CAFR • Management Letter • Special Purpose Audit Report ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 4, 2010 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, Ron Case, 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, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. MAJOR CENTER AREA Community Development Director Janet Jeremiah reviewed a timeline of significant events related to the Major Center Area(MCA)beginning with appointment of the MCA Task Force in November 2004 and continuing to the 2010 Walmart Rehab and Menards Redevelopment projects. Public Works Director Gene Dietz reviewed the history of the SW LRT alignment in Eden Prairie. He noted that the City Council supported Alignment 3, through the Golden Triangle, with six resolutions over the years. Dietz said some flaws were identified with the original Alignment 3 and Hennepin County decided to look at moving part of the alignment to Technology Drive. In June 2009 the City Council supported the shift to Technology Drive, while asking staff and the County to keep in mind the potential impacts on Costco and Emerson Rosemount. Dietz said the current SW LRT plan is about 10 percent complete, and many unknowns still exist. He said future planning will need to take into account how many stations are actually needed, how much parking is provided at each station, and the potential impacts. He said there is a lot to be determined on the final alignment, including whether there will be a Technology Drive station and whether the route will run along the north or south side of the road. He said the City is aware of concerns of property owners on the south side of Technology Drive. City Council Workshop Minutes May 4, 2010 Page 2 Dietz reviewed the upcoming SW LRT schedule. Three open houses are scheduled for May. The Draft Environmental Impact Statement will be published for public comment in September and finalized in late 2010. The project is expected to move into preliminary engineering in early 2011. Neal reviewed letters submitted to the City by the Chamber of Commerce, Costco, Emerson Rosemount and Xcel asking for City assistance in addressing concerns over the current LRT alignment. City Manager Scott Neal said the Council has a couple of options they can take in relation to concerns over the Technology Drive alignment. One option is to do nothing and allow property owners' concerns to be addressed by the process. Another option is to direct staff to develop findings, formally adopt the findings and forward them to Hennepin County. Council Member Aho said there is clearly resistance to aspects of the Technology Drive route. He asked whether or not there is a way to resolve those concerns or whether the City should be looking at proposing an alternative route. Dietz said some property owners have asked for the alignment to be moved to the north side of Technology. He said all of the alternatives have costs and impacts that will be subject to an open process that will need to go through the Technical and Policy Advisory Committees and through the individual City Councils. Neal said the City has not yet advocated for movement of the line to the north side of the street because the City Council has not had the opportunity to provide input. Case said it is important to remember that one of the original reasons for supporting Alignment 3 was that it takes riders where they want to go (Golden Triangle Area/Major Center Area), rather than through a residential area. He said he thinks we still need to go with Alignment 3. He said specifics of where the route goes within the area can be tweaked to make it amenable to businesses. Nelson said whether or not a station is needed at Technology Drive should be determined. She suggested forwarding a recommendation to Hennepin County to consider moving the route to the north side of Technology Drive. She also asked whether or not there are engineering solutions, such as movement of the roadway, that could address business concerns. Council Member Duckstad asked if there is a deadline for the City to forward input to the County. Neal said the City still has the ability to influence the project design but he suggested getting input to the County as soon as possible. City Council Workshop Minutes May 4, 2010 Page 3 Duckstad suggested that staff contact all of the affected parties for their input before developing findings. Case agreed that all parties should have the opportunity to provide feedback. Dietz said that based on City Council input, staff will develop a recommendation asking Hennepin County to evaluate the Technology Drive segment of Alignment 3 and its impacts on businesses before additional planning takes place. Neal said staff will prepare the recommendation for the City Council to consider at either their May 18 or June 15 meeting. Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VLB. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 4, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public Works Director Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Rick 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. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. INTERNATIONAL SCHOOL OF MINNESOTA UPDATE Neal said staff was unable to confirm tonight's update with a representative of the International School. The presentation will be rebooked for a future date. B. SENIOR AWARENESS PROCLAMATION A representative of the Senior Advisory Council read a proclamation proclaiming May 2010 to be Senior Awareness Month. Mayor Young thanked her for coming to the meeting and for the work of the Senior Advisory Council. C. PRESERVATION MONTH PROCLAMATION Mayor Young read a proclamation proclaiming May 2010 as National Preservation Month. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said there is a revision on goldenrod paper for Item IX.A., and Item VIII.C. should be removed from the Consent Calendar because it is not ready for tonight. MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. CITY COUNCIL MINUTES May 4,2010 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 20, 2010 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council Workshop held Tuesday, April 20, 2010 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 20, 2010 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, April 20, 2010 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SECOND READING OF ORDINANCE NO. 7-2010 AMENDING CITY CODE CHAPTER 11, SECTION 11.70, RELATING TO NON- COMMERCIAL SPEECH (CAMPAIGN SIGNS) C. RANDY'S BOBBY& STEVE'S AUTO WORLD by Randy Neis. Request for PUD District Review with waivers on 1.08 acres; Zoning District change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres and Site Plan Review on 1.08 acres. Location: Southwest corner of Flying Cloud Drive and Singletree Lane. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) D. AWARD CONTRACT FOR 2010 STREET SEALCOATING TO ALLIED BLACKTOP COMPANY E. AWARD CONTRACT FOR 2010 STREET BITUMINOUS OVERLAY PROJECT TO BITUMINOUS ROADWAYS,INC. F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF FOR SINGLETREE CONSTRUCTION SERVICES,I.C. 07-5690 G. APPROVE AMENDED PROPOSAL FROM HTPO FOR FLYING CLOUD DRIVE TRAIL CONSTRUCTION SERVICES,I.C. 09-5749 H. DECLARE 1998 HEAVY TRUCK MOUNTED VACTOR AS SURPLUS PROPERTY I. DECLARE EXCESS WATER TREATMENT EQUIPMENT AND PARTS AS SURPLUS CITY COUNCIL MINUTES May 4,2010 Page 3 J. ACCEPT BID FROM MACQUEEN EQUIPMENT FOR A NEW 2010 VACTOR HYDRO-VACUUM SEWER CLEANING SYSTEM K. ADOPT RESOLUTION NO. 2010-33 DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS L. APPROVE SALE OF THE FIRE DEPARTMENT'S USED SCBA(SELF CONTAINED BREATHING APPARATUS) EQUIPMENT MOTION: Aho moved, seconded by Case, to approve Items A, B, and D-L on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS FOR PROTECTION OF WETLANDS Neal said official notice of this public hearing was published in the April 22, 2010, Eden Prairie News. City Code Section 11.51 is being amended to reflect changes in the numbering within Minnesota Rules 8420. No other changes were made. Neal said Eden Prairie adopted the wetland protection code on February 10, 2000. The Wetland Protection Code was developed to conserve and protect wetlands and their wetland buffers. The intent is to avoid the alteration and destruction of wetlands and their buffer strips. The Wetland Protection Code serves to supplement MN Rules 8420, commonly called the Wetland Conservation Act (WCA), which provides a set of minimum standards for wetland protection. The Wetland Conservation Act Rules were amended in late 2009. As a result of this amendment, a number of sections within the chapter were reorganized and renumbered. This requires that some of the references to sections within Chapter 8420 be revised in City Code. No additional changes were made to Section 11.51 at this time. Neal said the Planning Commission reviewed the City Code Amendment on March 22, 2010, and it was approved with a vote of 6-0. He noted the code has been amended to make two small changes as shown on the goldenrod paper. Rosow said the state renumbered all references we were using in the ordinance, so we wanted the numbers to correspond. Aho asked if there was any way to get away from the numbering used by the state so we don't have to change our ordinances every time they make a change. Rosow said he discussed that with Ms Stovring, and it is a balancing act to have the ordinance specific enough so a person can know where to look in the state rules. The solution being planned will be an amendment to the entire code that allows the clerk to make the numbering changes automatically without bringing them to the Council. There were no comments from the audience. CITY COUNCIL MINUTES May 4,2010 Page 4 MOTION: Case moved, seconded by Duckstad, to close the public hearing and to approve first reading of an ordinance amending City Code Section 11.51, Standards for Protection of Wetlands. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote,with Aho, Case,Duckstad,Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 7:10 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 18, 2010 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 Lions Club Event: Schooner Days Date: June 4-6, 2010 Place: Round Lake Park& EP Community Center parking lot Temporary Beer Organization: Eden Prairie Lions Club Event: 4th of July Date: July 4, 2010 Place: Round Lake Park Organization: Eden Prairie Lions Club Event: Corn Feed Date: August 7, 2010 Place: Round Lake Park 2010 Renewal Licenses Private Kennel Michael Juntunen- dogs - 1 - CITY COUNCIL AGENDA DATE: May 18, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Randy's Bobby& Steve's Auto Janet Jeremiah/Scott Kipp World Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Highway Commercial and Office to Commercial Regional Service Zoning District on 1.08 acres; and • Adopt Resolution for Site Plan review on 1.08 acres; and • Approve the Development Agreement for Randy's Bobby& Steve's Auto World; and • Approve and Authorize Issuance of a Grading Permit for Randy's Bobby and Steve's Auto World, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated May 4, 2010, as approved by the City Council. Synopsis First reading for the project took place on January 16, 2007. This is final approval of the plans for Randy's Bobby and Steve's Auto World. There are two plan changes. The car wash has been moved from the south property line to the west property line. The shape of the canopy and the columns are a different design. Both changes meet code. The 120 day review period ends June 1, 2010. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement 5. Consent to Development Agreement RANDY'S BOBBY AND STEVE'S AUTO WORLD, LLC CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-2010-PUD-2-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Highway Commercial and Office Zoning Districts and be placed in the Commercial Regional Service Zoning District 8-2010-PUD-2-2010 (hereinafter "PUD-2-2010-C-REG-SER"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of May 18, 2010, entered into between Randy's Bobby& Steve's Auto World, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2010- C-REG-SER, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-2010-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2010-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-2-2010-C-REG-SER are justified by the design of the development described therein. D. PUD-2-2010-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Highway Commercial and Office Zoning Districts, and placed in the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development PUD-2-2010-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 16th day of January, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 18th day of May, 2010. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. EXHIBIT A — Legal Description —Randy's Bobby & Steve's Auto World, LLC Legal Description Before Final Plat Lot 1, Block 2 and Outlot B Windsor Plaza Legal Description After Final Plat Lot 1, Block 1 Auto World Addition RANDY'S BOBBY & STEVE'S AUTO WORLD, LLC CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 8-2010-PUD-2-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at the southwest corner of Flying Cloud Drive and Singletree Lane from the Highway Commercial and Office Zoning Districts to the Commercial Regional Service Zoning District on 1.08 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. (A full copy of the text of this Ordinance is available from City Clerk.) RANDY'S BOBBY & STEVE'S AUTO WORLD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR RANDY'S BOBBY AND STEVE'S AUTO WORLD BY RANDY'S BOBBY AND STEVE'S AUTO WORLD,LLC WHEREAS, Randy's Bobby and Steve's Auto World, LLC, has applied for Site Plan approval to construct a 22,600 square foot building, by an Ordinance approved by the City Council on May 18, 2010; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its November 27, 2006 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its January 16, 2007 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Randy's Bobby and Steve's Auto World, LLC based on the Development Agreement between Randy's Bobby and Steve's Auto World and the City of Eden Prairie, reviewed and approved by the City Council on May 18, 2010. ADOPTED by the City Council of the City of Eden Prairie this 18th day of May, 2010. Phil Young , Mayor ATTEST: Kathleen A. Porta, City Clerk II -Updated 2 1 May 6> 0 0 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT RANDY'S BOBBY,& STEWS AUTO WORLD THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT("Agreement")is entered into as of ,2010,by Randy's Bobby&Steves Auto World LLP,a Minnesota limited liability partnership,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 and City entered into that certain Development Agreement between the parties dated the 4th day of September,2007, filed the 7th day of September,2007 as Document No. 4423 817 with the Hennepin County Office of the Registrar of Titles,pertaining to the Property ("Original Development Agreement"). WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 1.08 acres, Planned Unit Development District Review with waivers on 1.08 acres, Zoning District Change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres, and Site Plan Review on 1.08 acres, legally described on Exhibit A (the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2007-22 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres, and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated ,2010,reviewed and approved by the City Council on ,2010, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a 1 violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined on behalf of the City solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property as depicted in the Plans. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. 2 Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins or Stormwater Infiltration Systems(such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips,curbless parking lot islands,parking lot islands with curb-cuts,traffic islands, tree box filters, bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction,erosion, clogging,vegetation loss and channelization of flow are not occurring,and thereafter by the Owner of the Property.A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment which shall be removed by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants,re-mulching of void areas, replanting or reseeding areas where 3 dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP, 7. IRRIGATION PLAN: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 61 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C, 9. MECHANICAL EQUIPMENT SCREENING: Prior to building permit issuance, Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph,"mechanical equipment"includes gas meters,electrical conduit,water meters,and standard heating,ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet 4 the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplement to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Windsor Plaza,LLC, a Minnesota limited liability company 11. PEDESTRIAN GATHERING AREA-LANDSCAPING: Developer shall be responsible to maintain all the landscaping located behind and adjacent to the Pedestrian Gathering Area located in the southwest corner of the Flying Cloud Drive/ Singletree Lane intersection. 12. PUBLIC UTILITY PLANS: Prior to issuance by the City of any permit for the construction of public utilities for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property,Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 13. PU)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 1. Building floor area ratio of.48. Code maximum is .40. 2. Building base area ratio of.27. Code maximum is .20. 3. Front yard setback to building of 5 feet from Flying Cloud Drive. Code requires 35 feet. 4. Front yard setback to building of 0 feet from Singletree Lane. Code requires 35 feet. 5. Side yard setback to building (car wash) of 16 feet. Code requires 20 feet. 6. Driveway width of 40 feet. Code maximum is 30 feet. 7. Offsite parking for 16 parking stalls. Code requires parking to be on the site it is to serve, S. Wall/fence screening height of 10 feet. Code maximum is 6 feet. 5 14. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer reaffirms all of the terms, conditions and obligations of "Developer" under the Original Development Agreement except as inconsistent with or amended by this First Amendment. 15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer agrees that the materials to be used shall be formed and poured concrete walls to simulate large block natural stone texture,and stained to simulate natural stone color as presented in the Plans. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 16. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on and adjacent to the Property. Sidewalks and trails shall be constructed in the following locations: A. An eight-foot wide bituminous trail to be located along the west side of Flying Cloud Drive as depicted in the Plans. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 17. SIGNS: Developer acknowledges that no approval has been granted for any sign with the Plans for the Property. Developer also acknowledges that the City will be developing a Town Center sign ordinance for consistency within the Town Center area of the MCA. Furthermore, Developer agrees that prior to issuance of any permit for any sign for the Property, Developer shall submit to the City, for review and approval through a public hearing process,a sign program for all signs for the Property demonstrating consistency with the Town Center sign ordinance. Developer agrees that for each sign which requires a permit by Eden Prairie City Code, 6 Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan to be approved consistent with the Town Center sign ordinance and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 18. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS: Prior to building permit issuance for the Property, Developer shall submit to the City Planner and obtain the City Planner's written approval of a Site Amenities Plan for the Property consistent with the Exhibit B Plans and to meet the pedestrian focus of the MCA Study. The Site Amenities Plan shall include,but not be limited to the following: decorative stamped colored concrete for pedestrian sidewalks, all plazas and outdoor dining areas; planter boxes and hanging baskets in the plaza area on the west side of the building; block stamped concrete and staining treatment for all retaining walls and fence columns; decorative lighting; bollards; benches; decorative planters; decorative trash receptacles; building wash lighting; wrought iron fencing along the sidewalk on the south side of the site adjacent to the area identified as a caiwash on the Plans. 19. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property consistent with the approved Plans. All pole lighting shall consist of downcast fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 20. STREETSCAPE IMPROVEMENTS ALONG FLYING CLOUD DRIVE: Developer shall be responsible for the cost for implementing future streetscape improvements along Flying Cloud Drive consistent with the MCA Study for the Town Center. These improvements shall include, but not be limited to the use of decorative sidewalks, street furniture, decorative lighting, banners, trees, tree grates, flowers, fixed on the ground concrete planters,public art and other amenities. 21. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 22. TREE LOSS - TREE REPLACEMENT: There are 313 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 313 diameter inches. Tree replacement required is 416 caliper inches.Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan as approved by the City Planner. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a 7 shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property, Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 8 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 Randy's & Steves Auto World.LLP By r,�r"�v`— ✓� By Its Phil Young Its Mayor By By ItsJ r� Scott H.Neal Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2010, 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 2 day of )ni--- ,2010,by .1.- 'f#• 14011-k 'the 61;722" 1*" ,of Randy's Bobby&Steves Auto World LLP, a limited liability partnership, on behalf of the partnership. otaiy Public THIS INSTRUMENT WAS DRAFTED BY: Aft :. PAUL C,STEFFENSON �" 'E NOTARY PUBLIC City of Eden Prairie ��. � Road `, MINNESOTA 8080 Mitchell �����«,,. 4dyComrnlaonExpir6sJan.34,zors Eden Prairie,MN 55344 9 • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /L3 day of May, 2010, by Steven A. Williams, the partner of Randy's Bobby &Steves Auto World LLP, a limited liability partnership, on behalf of the partnership. at; . y PAU� C.STEFF N ®N as€_ NOTARY PUBLIC Mary Public '` MINNESOTA.as,2oia !"t,, My Comm Yz..:1,. 9.5 EXHIBIT A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - RANDY'S BOBBY & STEVES AUTO WORLD Legal Description Lot 1, Block 2, and Outlot B, WINDSOR PLAZA 10 EXHIBIT B FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - RANDY'S BOBBY & STEVES AUTO WORLD PLANS LIST OF MATERIALS 1. A1.1-Site Plan dated 06-02-09 by Cluts O'Brien Strother Architects 2. A2.1-Main Level Floor Plan dated 07-24-08 by Cluts O'Brien Strother Architects 3. A2.2-Second and Basement Floor Plans dated 06-02-09 by Cluts O'Brien Strother Architects 4. A2.3-Roof Plan dated 07-24-08 by Cluts O'Brien Strother Architects 5. A3.1-Exterior Elevations with Alternate Dashed dated 08-05-09 by Cluts O'Brien Strother Architects 6. A3.2-Exterior Elevations with Alternate Dashed dated 08-05-09 by Cluts O'Brien Strother Architects 7. A4.1-Sections and Details dated 12-24-09 by Cluts O'Brien Strother Architects 8. A4.2-Sections dated 07-24-08 by Cluts O'Brien Strother Architects 9. A11.1-Carwash Floor Plan and Elevations dated 08-04-09 by Cluts O'Brien Strother Architects 10. Cl-Civil Site Plan dated 08-13-07 by Westwood Professional Services, Inc. 11. C2-Grading, Drainage, and Erosion Control Plan dated 08-13-07 by Westwood Professional Services, Inc. 12. C3-Utility Plan dated 08-13-07 by Westwood Professional Services, Inc. 13. A1,1-Site Plan dated 08-13-07 by Cluts O'Brien Strother Architects 14. B-Plan Alternative B dated 08-13-07 by Cluts O'Brien Strother Architects 15. Landscape Plan dated 08-13-07 by Cluts O'Brien Strother Architects 16. L1.2 Amenity Plan dated 08-13-07 by Cluts O'Brien Strother Architects 17. L1.1A Site Plan Plantings and Plaza Information dated 08-13-07 by Cluts O'Brien Strother Architects 11 EXHIBIT C FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - RANDY'S BOBBY & STEVES AUTO WORLD I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. H. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. M. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Guide Plan Change, PUD, Rezoning, Site Plan Review and/or Preliminary Plat review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: A. Windsor Plaza,LLC, a Minnesota limited liability company With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: 12 A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances except as identified on Exhibit D . Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq.,or Minn. Stat., Sec. 11 SB.01, et. seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances") except in compliance with applicable law; C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. Developer knows that the prior owner(s) of the Property engaged in the gasoline service business and used petroleum products on the Property in the ordinary course of that business. Other than the above use by the prior owner(s), to the best of Developer's knowledge without investigation no other previous owner,operator or possessor of the Property deposited,stored,disposed of,placed or otherwise allowed in or on the Property any Hazardous Substances. Developer agrees to indemnify, defend and hold haiiiiless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties andlor resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the 13 recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement or provided to the parties by law or equity_is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department, provided however this does not apply to monitoring wells required by the Minnesota Pollution Control Agency. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII, NOT APPLICABLE Prior to issuance of the first building permit for the Property,Developer 14 • decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the_top ofhe tst nay.powc. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. 15 OWNERS` SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN RANDY'S BOBBY & STEVES AUTO WORLD, LLP AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 2010, by and between Windsor Plaza,LLC,a Minnesota limited liability company, ("Owner"),and the CITY OF EDEN PRAIRIE("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2007-22 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Highway Commercial and Office to Commercial Regional Service, and Resolution No. for Site Plan Review, as more fully described in that certain Development Agreement entered into as of ,by and between Randy's Bobby&Steves Auto World LLP,a Minnesota limited liability partnership,and City("Development Agreement"), Owner agrees with City as follows: 1. If Randy's Bobby & Steves Auto World LLP, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2007-22 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Highway Commercial and Office to Commercial Regional Service, and Resolution No. for Site Plan Review, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner,their successors and assigns of the Property. 3. If Owner transfers this Property,Owner shall obtain an agreement from the transferee 16 requiring that such transferee agree to all of the terms,conditions and obligations in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. I7 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE Windsor Plaza, LLC A Minnesota limited liability company By By Its Phil Young Its Mayor By Scott H.Neal, Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2010,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 ,2010,by ,tire of Windsor Plaza, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 18 EXHIBIT A OWNERS SUPPLEMENT i Legal Description Outlot B, WINDSOR PLAZA 19 EXHIBIT D FIRST AMENDMENT TO DEVELOPMENT AGREEMENT— RANDY'S BOBBY & STEVES AUTO WORLD 1. a. Taxes and assessments for 2010 and all subsequent years (see#1.f below). b. Rights or claims of parties in possession not shown by the public records. c. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. d. Easements, or claims of easements, not shown by the Public Records. e. Any lien, or right to a lien, for services, labor or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. f. Parcel 1: PID No. 14-116-22-13-0047. The 2010 taxes are in the amount of $35,622.18; first half due May 17, 2010. No levied or pending assessments. Parcel 2: PID No. 14-116-22-13-0048. The 2010 taxes are in the amount of $10,307.32; first half due May 17, 2010. No levied or pending assessments. g. Subject to a limitation of the right of access from a portion of the described property, which limitation was acquired by the City of Eden Prairie in Deed Doc. No. 1174394. Affects Parcel 1. h. Subject to a permanent slope easement over a portion of the above land as shown in Deed Doc. No. 1174394. Affects Parcel 1. i, Mortgage from Randy's Bobby&Steves Auto World, LLP, a Minnesota limited liability partnership, in favor of 21st Century Bank, a Minnesota corporation, dated May 17, 2006,filed for registration May 19, 2006 as Doc. No. 4261246. Affects Parcel 1. j. Underground Storage Tank Affidavit filed for registration on July 28, 2006 as Doc. No.4287589. Affects Parcel 1. k. Assessment Agreement between the Housing & Redevelopment Authority in and for the City of Eden Prairie and Randy's Bobby&Steves Auto World, LLP dated September 4, 2007, filed September 7, 2007 as Doc. No. 4423813. Affects Parcel 1. 1. Agreement between Randy's Bobby & Steves Auto World, LLP and the City of Eden Prairie dated September 4, 2007, filed September 7, 2007 as Doc. No. 4423817. Affects Parcel 1. m. Easement Agreement between Randy's Bobby&Steves Auto World, LLP and Windsor Plaza, LLC dated December 28, 2007, filed December 31, 2007 as Doc. No. 4458085. Affects Parcels 1 and 2. n. UCC Financing Statement by Norseman Oil Co., Inc. in favor of US Bancorp filed October 4, 2005 as Doc. No. 4170521. Amendment Agreement changing the name of the debtor to Randy's Bobby&Steves Auto World, LLP was filed September 26, 2006 as Doc. No. 4309935. Affects Parcel 1. 1 o. Subject to a non-exclusive roadway easement for ingress and egress as set forth in Document No. 1238180 filed for registration September 20, 1977. Affects Parcel 2. p. Mortgage, Security Agreement and Fixture Financing Statement from Windsor Plaza, LLC, as mortgagor, to M&I Marshall & Ilsley Bank, as mortgagee, dated September 15, 2006, filed for registration September 28, 2006 as Doc. No. 4311298 in the amount of$3,930,000.00. Said Mortgage was amended by Amendment of Mortgage between Windsor Plaza, LLC, as mortgagor, and M&I Marshall & Ilsley Bank, as mortgagee, dated December 28, 2007, filed for registration January 4, 2008 as Doc. No. 4459016, increasing the amount secured to$30,570,000.00. Assignment of Amended and Restated Mortgage and Security Agreement and Fixture Financing Statement from M&I Marshall & Ilsley Bank, as assignor, to Northern Holding III, LLC, as assignee, dated December 31, 2009, filed January 13, 2010 as Doc. No. 4720962. Affects Parcel 2. q. Assignment of Leases and Rents from Windsor Plaza, LLC, as assignor, to M&I Marshall & Ilsley Bank, as assignee, dated September 15, 2006, filed for registration September 28, 2006 as Doc. No. 4311299. Said Assignment of Leases and Rents was amended by Amendment to Assignment of Leases and Rents between Windsor Plaza, LLC, as assignor, and M&I Marshall & Ilsley Bank, as assignee, dated December 28, 2007, filed for registration January 4, 2008 as Doc. No. 4459017. Said Assignment was further amended by Assignment of Amended and Restated Mortgage and Security Agreement and Fixture Financing Statement from M&I Marshall & Ilsley Bank, as assignor,to Northern Holding III, LLC, as assignee, dated December 31, 2009, filed January 13, 2010 as Doc. No. 4720963. Affects Parcel 2. r. Development Agreement between Solomon Real Estate Group, Inc. and the City of Eden Prairie, dated September 4, 2007, filed for registration September 7, 2007 as Doc. No. 4423818. Said Development Agreement was amended by Amendment between Solomon Real Estate Group, Inc. and the City of Eden Prairie, dated November 15, 2007, filed for registration December 31, 2007 as Doc. No. 4458080. Said Development Agreement was further amended by Amendment between Solomon Real Estate Group, Inc. and the City of Eden Prairie, dated December 18, 2007, filed for registration December 31, 2007 as Doc. No. 4458081. Said Development Agreement was further amended by Amendment between Solomon Real Estate Group, Inc. and the City of Eden Prairie, dated June 3, 2008, filed for registration June 12, 2008 as Doc. No. 4504902. Affects Parcel 2. s. Development Agreement between The Housing & Redevelopment Authority in and for the City of Eden Prairie and Windsor Plaza, LLC dated September 4, 2007,filed September 7, 2007 as Doc. No.4423820. Said Development Agreement was amended by Amendment between The Housing & Redevelopment Authority in and for the City of Eden Prairie and Windsor Plaza, LLC, dated September 2, 2008, filed for registration December 2, 2008 as Doc. No. 4548462. Affects Parcel 2. t. Agreement between Windsor Plaza, LLC and the City of Eden Prairie dated September 4, 2007,filed September 20, 2007 as Doc. No. 4428472. Affects Parcel 2. u. Agreement between Windsor Plaza, LLC and the City of Eden Prairie dated December 18, 2007, filed December 31, 2007 as Doc. No. 4458084. Affects Parcel 2. 2 v. City Council Resolution No. 2008-48 vacating the public right-of-way easement over a portion of Eden Road dated April 22, 2008, filed May 16, 2008 as Doc. No. 4496849. Affects Parcel 2. w. Option Agreement by Randy's Bobby& Steve's Auto World, LLP, and Windsor Plaza, LLC, granting an option to purchase the subject property dated September 19, 2008, filed for registration September 23, 2008 as Doc. No. 4531699. Affects Parcel 2. x. Covenants, conditions and restrictions set forth in Quit Claim Deed dated May 17, 2006, filed May 18, 2006 as Doc. No. 4261245. Affects Parcel 1. y. Covenants, conditions and restrictions set forth in Quit Claim Deed dated July 21, 2006, filed July 28, 2006 as Doc. No. 4287590. Affects Parcel 1. 3 CONSENT TO DEVELOPMENT AGREEMENT NTI Properties, LLC, a Minnesota limited liability company, as seller, and Amake Corporation, a Minnesota corporation, as purchaser, to that certain Contract for Deed dated December 30, 2005, filed for registration March 31, 2006 as Doc. No. 4242164 for the property described as Outlot B Windsor Plaza, situated in the County of Hennepin, State of Minnesota, as evidenced by Certificate of Title No. 1231144.5, do hereby consent to the Development Agreement by and between Randy's Bobby& Steves Auto World LLP, a Minnesota Limited liability partnership and the City of Eden Prairie dated , 2010 and recorded with the Office of the County Recorder as Document No. on , 2010 and agrees to be bound by the same. The undersigned consent to the recording of this Consent to Development Agreement in real estate records of both the Office of the Registrar of Titles, Hennepin County, Minnesota. In testimony thereof, the undersigned has hereunto executed this instrument this day of , 2010. NTI PROPERTIES,LLC a Minnesota limited liability company By: Title: AMAKE CORPORATION a Minnesota corporation By: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , by the of NTI Properties, LLC, a Minnesota limited liability company on behalf of the company. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , by the of Amake Corporation, a Minnesota corporation on behalf of the corporation. Notary Public CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 18, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 08-5713 ITEM NO.: VIII.C. Public Works/Environmental Approve Second Reading of an Services Ordinance Amending City Code Section Leslie Stovring 11.51, Standards for Protection of Wetlands Requested Action Move to: Approve Second Reading of an Ordinance Amending City Code Section 11.51 relating to Standards for Protection of Wetlands and adopt Summary Resolution for Publication. Synopsis City Code Section 11.51 is being amended to reflect changes in the numbering within Minnesota Rules 8420. No other changes were made. Background Information The first reading for the Ordinance was on May 4,2010. No changes have been made to the Ordinance since that time. Attachments • Ordinance Summary Resolution • Ordinance Summary • Ordinance EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.51 RELATING TO MN RULES REFERENCES; 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 amends Chapter 11 Section 11.51 of the City Code by updating the MN Rules references. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on . (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2010 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -2010 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 18th day of May 2010. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. -2010 is lengthy. B. The text of the summary of Ordinance No. -2010, attached hereto, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. -2010 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on May 18, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.51 RELATING TO MN RULES REFERENCES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 11.51 is amended by updating the MN Rules references in the following sections as set forth below. City Code Section Old Reference New Reference Subd.3.Definitions Item K 8420.0220 8420.0415 Item EE 8420.0549 8420.0111 Subp. 75 Subd.4.General Provisions Item N 8420.0549 8420.0522 8420.0546 8420.0522 Item 0 8420.0520 8420.0520 Subp. 7a Item U 8420.0115-8420.0122 8420.0420 8420.0220 8420.0315 and 8420.0415 None 8420.0320 Subd. 11 Special Requirements Item C 8420.0122 8420.0420 Item D(14) 8420.0530 8420.0330 Item F 8420.0620 8420.0810 Section 2. 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 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2010, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2010. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Newspaper on , 2010. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 18, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Randy L. Slick Final Plat Report of Grace Church First Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Grace Church First Addition. Synopsis This proposal is for the plat located at 9301 Eden Prairie Road. The plat consists of 56.5 acres to be platted into two lots. With this proposal, Grace Church will be exchanging land (Lot 2, Block 1) for a fee swap of 2.89 acres of land along the southern portion of the Grace Church property. This land will be utilized by Metropolitan Airport Commission for a mandatory Runway Protection Zone (RPZ). Background Information The preliminary plat was approved by the City Council on March 5, 2010. Second reading of the Rezoning Ordinance will be completed on May 18, 2010. This is a replat of Lot 1, Block 1, Grace Church Addition Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$8,023.00. • Provide a list of areas (to the nearest square foot) of all lots, outlots and right-of-ways certified by surveyor. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2010- A RESOLUTION APPROVING FINAL PLAT OF GRACE CHURCH FIRST ADDITION WHEREAS, the plat of Grace Church First Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Grace Church First Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated May 18, 2010. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on May 18, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk OFFICIAL PLAT GE. 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Randy L. Slick Final Plat Report of Auto World Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Auto World Addition. Synopsis This proposal is for the plat located at 8100 Flying Cloud Drive. The plat consists of 1.08 acres to be platted into one lot. This proposal is a commercial re-development project which includes a 22,500 square foot two-story convenience, gas, service, car wash and restaurant. This is a replat of Lot 1, Block 2 and Outlot B, Windsor Plaza. Background Information The preliminary plat was approved by the City Council on January16, 2007. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on May 18, 2010. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$320.00. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and right-of-ways certified by surveyor. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Prior to release of the final plat, the City Council shall have adopted a resolution vacating portions of the Drainage and Utility Easement within Lot 1, Block 2, Windsor Plaza. • Revision to plat shall include a 20' Drainage and Utility Easement over the proposed public storm sewer. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION APPROVING FINAL PLAT OF AUTO WORLD ADDITION WHEREAS, the plat of Auto World Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Auto World Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated May 18, 2010. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on May 18, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk AUTO WORLD ADDITION R.T. DOC. NO. IfILOW ALL PERSONS BY 1HESE PRESENTS Not Randys Bobby&Stales Auto World LLP,a Minnesota limited!lability postnerehq,fee owner of the following / described property situated Inthe County of Hennepin,State of Minnesota,to wit: I Lot 1,Block 2,WINDSOR PLAZA.according to the plot thereof,Hennepin County,Minnesota / l• / And that WfnNor Plase,LLC,a Minnesota limited liability company,fee owner of the fallowing deed/ud property situated,the County of Hennepin,State of I y r c Minnesota,fa Mk __ k / Out/at B.INNOSOR PLAZA,Hennepin County.Minnesota. lV/ v < - n ' \r\ I' ' DO Have taus d the some to be survc/ed and plotted as AUTO WORLD AIRON and do hereby donate and dedicate to the pubic for public use I ver the ,"l//IJl I I,/ r ( sa " — easements as shown on this plot for drainage and utility purposes os shown on this plat. L — ` V In witness whereof said Rondy's Bobby&Stews Auto World LLP,a Minnesota limited/lability partnership.hoe caused these presents to be signed by its proper _—__.———'—— J ,/ /(/ a/6cer this day of 20 \ lr�v Au RANDYS BOBBY&SIMS ALM WORLD LIP \\ // —I/By Randy Nall,Partner rVl J /ee L. r 1'✓1/y STATE OF MINNESOTA COUNTY of N88°25'37'E / The foregoing Instrument was acknowledged before me thin day a/ TD_.by Randy Nbs.Partner of Randyss Bobby&Stews 45.38 588°27'1$E 18224 R��9 Auto Wort LLP,o MOnesata limited lbb0/ty partnership,on behalf of the partnership. —. i __ d< ✓O*69 O O // not wawa,' :,---•E@Na... rt9k Notary Public Count,Minnesota .li E My Cam'mPe tan E plies o I Set y' 2 slow,"-. n // Y LOT :a, ,R (n witness whereof sore WAdsor Plasa,ILL..a Minnesota limited lfabGlty company,nos caused these presents to be signed by Its proper officer b 1 „ SA ^ _ - D? this day of 200_, a, --" 17 4 WIDWSLIR PLAZA LLC 'C�, ce,e,...,, u N .O (� ws3 n i' s ouw. n By Jdy M.Scott President I J, 11 ',roil S / STALE OF MINNESOTA P., I BLOCK 1 J t! L=31,17 j COUNT'OF The foregoing instrument was acknowledged before me this day of .20__,by Jay M.Scott,President of Wndsor Plaza,LLC,a N I,. /'a'�,\ =1°1857' A V J Minnesota limited liability company;on behalf of the company C < `J //Ory1N, :„ GB.= °24'19'E \ :46 Nofory Public, County,M(nnesofo Iff \ My Cammistn£xplres L' Dry / _ / STATE OF MINNESOTA 588°27'18 E / The foregoing p. 217.99 !� / The foregoing instrument s acknowledged before me this day of 200�by Joy M.Scott,President of Windsor Raso,LLO. "[a.a„<el ' /� a Minnesota limited llabGfty company on behalf of the company. j/ / /hereby certify thot this plat of AUTO WORLD ADDIRON Is a correct representation oh the boundary nirwy,Not olh mathenot/cal dote and labels ore correctly / / `. `\l^i designated on The plot:that all monuments depicted on the plot haw been or will be correctly set within one ysor os indicated on the plat:that al/water / boundaries and wet lands as of the dote of the surveyor's certification are shown and labeled an the plat:that all public ways are shown o d labeled the I f / piot.e Itfurth further ctaDfy that this plot was prepared byme or undo my direct supervision and that I am a duly licensed ran surveyor under the toes of the / / / ,"\(\ l / \ ^i k / n,I Mark R.solo,Lane sarw/ar /// /r f' I J // Minnesota License Na,4J9 1 ,f,"� / < / , STATE OF MINNESOTA / ( / COUNTY OF / /The/aregaPg SLrwyorb Certificate was acknowledged before me this day of 20—by Mark R.Sal r a,Land Surveyor, /Minnesota License No.4J9JJ. / / / /'(.\\ .� / 111 Notary Pubic. County,Minnesota My Cammisslon Exphen SURNI'Bral Hennepin Caunfy,Nnnesota Pursuant fa M/NN.STAf.Sec.JBIB.565(1969j this plat hos been opproled this day of 20_, CITY Oc/DEN FRAME AIN ESOTA JO 0 J0 60 90 This plat of AUTO WORLD A00/RON cos approved and accepted by the City Council of Eden Prakle,Mnnesoto.at o regular mooting thereof hind this day of 20 If applicable,the written comments and recommendations of the Commissioner of Troneporfation and the County Moen P.Brown,Caunfy Surwyar By Stale in Net Highwoy Engines-have bean received by the City or the prescr®ed J0 day period hos elapsed without receipt of such comments and recommmeot/ann,os prodded by Minnesota Stotutes,Sect/n 505.0;SubdiNsinn 2. REGISTRAR OF TIRES Hennepin County,Minnesota The north line of the 5W1/4 of Sec 14,T.116,R. CITY COUNCIL OP EDEN PRAIRIE MINNESOTA I hereby certify that the within plot of AUTO WORLD A00177ON was lied in this office this soy of 22 Is assumed to bear S69659'4T'W os shown on 20_.at_o'cla,__,Al. Sheet 2 of J Sheets BY Mayor BY Monoger Michael H.Cunni/S Regl troy of fit/es By 0 Omafes 1/2 inch by r4 Lath ire n wilt OeputY set nnd marked by License No.4J9JJum TAXPAYER SERNCES DEPARTMENT,Hennepin County{Winesafo • Denotes found f monument and marked I hereby certify that taxes pa/oble M 20_and pr/or years how been pond hop land doscnbed on this plot,doted this day o/ as shown. 20_, Westwood Jill L.Anersan,County Auditor By Professional Services,Inc. Deputy Sheet 1 of 1 sheets CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 18, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5690 ITEM NO.: VIILF. Randy Newton Adopt Resolution Awarding Public Works/Engineering Construction Contract for the Singletree Lane Improvement Project Requested Action Move to: Adopt resolution awarding construction contract for I.C. 07-5690 (Singletree Lane Improvement Project) to Northwest Asphalt, Inc. Synopsis Sealed bids were received Thursday May 6, 2010 for this project. Five (5)bids were received and are summarized in the attached Consultant Recommendation Letter. The low bid in the amount of$947,625.65 was submitted by Northwest Asphalt, Inc. and is 20%below the Engineer's Estimate. Staff has reviewed the bids and recommends awarding the contract for the project to Northwest Asphalt, Inc. in the amount of$947,625.65. Background Information The planned improvements to Singletree Lane include upgrading the roadway to a 4-lane divided roadway with left turn lanes between Flying Cloud Drive and Eden Road. The project includes a new traffic signal and pedestrian improvements at the Flying Cloud Drive/ Singletree Lane intersection. The project also includes streetscaping improvements that correspond with the recommendations of the MCA Streetscape Master Plan. Construction of the project is planned to start in late May and should be substantially complete by the end of July. The schedule of the proposed Randy Bobby and Steve's Auto World redevelopment may impact this schedule. Financial Implications The total project cost of the Singletree Lane Improvements is currently estimated at $1,350,000 excluding right-of-way. The project will be primarily funded by the Windsor Plaza Developer on an assessment basis. Through agreement MnDOT is responsible for one-half of the costs of the new Flying Cloud Drive/ Singletree Lane traffic signal system(estimated at$105,000). The costs for the streetscaping elements along the north side of Singletree Lane will be the responsibly of the City(approximately$100,000). The City is also financially responsible for the costs of the right-of-way on the north side of Singletree Lane which have been acquired. The Economic Development Fund is the planned funding source for all City costs. Attachments • Resolution • Consultant Recommendation Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2010- RESOLUTION ACCEPTING BID FOR SINGLETREE LANE IMPROVEMENT PROJECT I.C. 07-5690 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 07-5690: Singletree Lane Improvement Project bids were received, opened and tabulated according to law. Those bids received are shown on the attached Consultant Recommendation Letter; and WHEREAS,the City Engineer recommends award of Contract to Northwest Asphalt,Inc. as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Northwest Asphalt, Inc. in the name of the City of Eden Prairie, in the amount of $947,625.26, in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on May 18, 2010. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk SRFCONSULTING GROUP , INC . MINNEAPOLIS FARGO ENGINEERS I PLANNERS I DESIGNERS MADISON May 10,2010 SRF No. 0065921 0120 Mr. Randy Newton, PE, PTOE CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 SUBJECT: FLYING CLOUD DRIVE AT SINGLETREE LANE IN THE CITY OF EDEN PRAIRIE S.P. 2744-59 AND CITY IMPROVEMENT NO. 07-5690 Dear Mr. Newton: Bids were opened and read aloud on the referenced project on May 6, 2010. Northwest Asphalt, Inc. was identified as the lowest bidder, The following is a summary of the bids received: Northwest Asphalt, Inc.: $ 947,625.65 S.M. Hentges & Sons, Inc.: $ 970,000.00 Minger Construction, Inc.: $ 981,566.06 Forest Lake Contracting, Inc.: $1,034,984.07 Midwest Asphalt Corporation: $1,133,480.55 ENGINEER'S ESTIMATE: $1,187,263,75 The City of Eden Prairie confirmed in an email dated 5/10/2010, that Northwest Asphalt, Inc, meets the City's bidder qualifications as noted in the contract proposal. SRF Consulting Group, Inc. hereby recommends approval of Northwest Asphalt, Inc. as the lowest responsible bidder to the City of Eden Prairie, and recommends award of this contract at its City Council meeting to be held on May 18, 2010. Please contact us if you have any questions. Sincerely, SRF CONSULT[ G GROUP,INC. Mark C. Hansen, PE Associate MCH/bls SRF.Vo13IH1Projectsl5 92 1 1111-MU\DOC\Letter to Eden Prairie 05102010.doe www.srfconsulting.corn One Carlson Parkway North,Suite 150 I Minneapolis, MN 55447-4443 1763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May18, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Rob Reynolds/Chief of Adopt Resolution Authorizing Police/Police Execution of Grant Agreement for Safe & Sober Project Requested Action Move to: Adopt Resolution approving grant agreement with the Minnesota Department of Public Safety for the Safe and Sober Communities project for 2010-2011. 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, 2010, through September 30, 2011. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BE IT RESOLVED that the Eden Prairie Police Department enters into a grant Agreement with the Minnesota Department of Public Safety for Traffic Safety Enforcement projects during the period from October 1, 2010, through September 30, 2011. 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; and BE IT FURTHER RESOLVED that Chief Jeff Potts, City of Bloomington, is hereby authorized to execute the grant, be the fiscal agent and administer this grant on behalf of the Eden Prairie Police Department. ADOPTED by the Eden Prairie City Council on May 18, 2010. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: May 18, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Community Development/Planning License Agreement for Janet Jeremiah/Steve Durham Telecommunications Tower at 13708 Holly Road Requested Action Move to: • Approve the license agreement between AT&T and the City of Eden Prairie for a Telecommunications Tower at 13708 Holly Road. Synopsis AT&T wants to build an 80 foot high telecommunications tower on City park property near Forest Hills Elementary School. Background Information The proposed tower conforms to City Code requirements for height and setback. Attachments 1. License agreement 2. Location map 3. Plans • - - Proposed tower site '' --- .. . ue ,Sr . -!r�f' t1. „Aliiit,, _ ., . . . L.. l ` ill! + - " - i 4. _ 9 .•' I ��. • f ZG -F. ill's ■ f o -Forest Hills E'Fement • lib ZilliSi.., City Park Property , N + �r • r '+ F g. • .- _ - • .- or,. .1iiiik 4 Proposed location AT & T 80' cell tower at 13708 Holley Road o Tower Site N 0 100 200 400 Feet I I I I I I .` / J i / / • 7400'SETBACK LINE FROM \\ / / • FAST PROPERTY LINE • J / / D / i SEE SHEET cat FOR .1 ; / ENLARGED PLAN NEW 100'SETBACK LINE FROM J IXISIiNG ACCESS ROAD COSTING CflEFJ'. r - ACCESS FAS]l r / �• ,n •'" 50'SETBACK LINE FROM / — _ f �'� -.1, \ ..... /SOOUHE • • • / •• RED'.LINE=AT&T proposed leased'. _• __��?-`— __ \\ p, • area exp of add0 Oft to West,total -me" - �- - y of 20ft x 30ft,since lease rate is so \' high with City(AT&T/4-5-10) \k\ �• \ \� �\ .�\ \ \ /--` / N Q- 32t PROPOSED 5'WIDE \\ UTILITY EASEMENT ,r / I COSTING POKER ANO 777C0 —•- /"'c •" P `t i 8 t / �P SWING MICE f `` I A �r OVERALL PLAN -t' O la . 40 SCALE:1•=20'(D22'A341 - A RWja7,rs me cro m- --,— .,m Ax.�eoo muc um. 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PROJECT INFORMATION TARE F-494 WEST FO FRO62/CROSSTONN(EXIT IS). 110 WEST G11 HMV 6x 10 RAKER ROPE. GO SOWN ON NT11AW ROBS,4 MILES TO DRIVEWAY WO SCHOOL GROUNDS AM)FOLLOW TO THE sae ON TILE IFF1 AS OEPICIETI MPLSMN3593-T01 TITLE SHEET B mow. won OF WORIAt 11 UNMARRED11115 TELLCORIAIMIMAPONS 14111 TY CW56D8G oP WsrNJNG PANEL MPLSMN3593-001 OVERALL SITE PLAN 0 AT&T ACCESS-114,/7 A/MI.1 SS ON A STEALTH MOIMOOLE Ana THE PLACEXrENT or AN EWIPYENr PLATFONLL MPLSMN3593-0O2 ENLARGED SITE PLAN B VICINITY MAP WE ADORERS, INFOS HOLLY R010 MPLSMN3593-COS ELEVATION B MI PR,waL MN 5543a PROPERTY 01NNnt CITY OF MI MARE MPLSMN3593-501 CONSTRUCTION DETAILS 8 N WM PRLRi ELL auto ` - MPLSMN3593-502 CONSTRUCTION DETAILS 8 MPLSMN3593-503 POWER DISTRIBUTION CENTER 13 1 CONTACT PERSON: WAR YANDEN61 ROWM R52-949-856e MPLSMN3593-E01 GROUNDING PLAN e ARKMART_ AT&T MODEIT7 (3i] -- N00 440WEY PAI MDR..SHOE SW MPLSMN3593-E02 ONE-LINE DIAGRAM&DETAILS 0 NLoawNcrwr•M" MASS MPLSMN3593•E03 GROUNDING DETAILS p ,'� IATFTIfDE Li.52' VA"WINDSWAD a3] El LONGITUDE 9N 27' 1S-1"WEST OW 03] MPLSMN3593-E04 GROUNDING DETAILS B , 0.f441911: 892'MARL(NAND se') F: JGRM:ACTION, CITY OF MEN#AMINE MP LSM N 3593-E05 E911 ANTENNA DETAIL&SCHEMATIC B PROPERTY TAM ID.Ho: 02-1Tc-22-31-0002 MPLSMN3593•NO1 RF DATA SHEET B :+ Ot/RRDNT USE: RURAL ONE FAMILY(ID ACRE MIN.] PROPOSED I-ETEr TCLEGLIMMJNICA710Ns FACR.HT MPLSMN3593-NO2 COAX LABELING H MPLSMN3593-F01 FENCE DETAILS B '4sfrts % SITE QUALIFICATION PARTICIPANTS MPLSMN3593-L01 SILT FENCE DETAILS B . LDCATW g € — NAME GOMj AN'( AIMED'. ' HOW I/O AAR(NV EVANS ULTEIO ENGINEERS 763-511-T500 SAC 008111E GWBEFC'S A h VFA7CJi R30-411-e778 ■ MT RAGHG PFAROAT&TT&T MOBILITY 612-375-64RHOW no MN JEEP 5AUER AT&T MOBRITY 2T0-e51-E1391 IANDLORO DART VANDENBEF.HE CITY OF EDEN PRAIRIE 457-949-8300 FM JOHN THIELE& 6LACJI&VEATCH 012-70g-0717 A SCALE NONE i 1 or Mora nc 1.... or".`"+r[ SITE No_MPLSMN3593 T at& � -1ra.aat c TITLE SHEET UItei_ a�r�� AOJF�R woo. p._ _ BFIYANT LAKE A 0n/nr. O&M TOR rarer Na carrulr FEA MRiM/,*kJ "'v�w"Era e am. tr O9fEB tl9 ety Eh631 r9 ...-.1av xm W ..... m.P0..01Sk .eem.Wm. M. oat 1¢rmurs art u.lwrc e' ma +yam rv. .aToPt /°tee- cEE ] Mk M593 A.EVAHs MPLSN3 -T01 Fey: 6 I 1 4 3 I 7 1 1 'r r .r r • r I 400'SB000[11NE FRIN EAOJ PROPER).UNE r I SEE SHEET CO2 FLN _ • r! VN6EA PLAN WEw _ `r! / ,/ ENFCOSTING ACCESS RLiM1O EXISIWC CREEK MN COSTING! r / ort _ I f r —r - 0. --._ i f——— — _ Ir�� ' �, PROPpSEE 12'NI I 11! 4447 % ACCESS EASEAFBWT _ 1 1)r SIT Sr MAIN.UNE iaou /I �, ~' •1 a 1 I. SOUTH PROPERtt 11HE • / • _ _ ` .( ... --:',—I ;:.,\ . �� _ _ •fit • ~'—. MONISM s'W€ � /% UIILIIY EN!E NT _ f y / E'q iTN16 RIM AND 19C0 • l ¢� ��\ • E0S PG-MICE ! // �� • OVERALL PLAN 0 IG ]0 /0 SCALE:1--20'(022'04' A lirFr FF 81TE No.MP L$MN3593 `Sc • - o +m" "••a a OTA OVERALL SITE PLAN I ��4��1100105.M 1 ,.i un .earn/. [N6P.o.n uU rownr3 .ei .ME ' M@INE. BRYANT LAKE .�..o.�..,....4 oeJm 1. „+atite w 1 7.71,•„,_,,, arc u xnno IM.R.E. MAImo, A.ROBLEY MOS MPLSMN3593-CO1 e y 6 1 5 f I Ark 3 1 2 1 1 r———\ 1 ... ETa 111 PROP. ,IV WE '7 I siM1G ACCESS ROAD - III AC ENT --------___ '� ' - t , - l / l ! SLT SEE SHEnFQ/RI FOR DETAILS 'Ill — 1 f PROPOSED is' '�! r STEALTH HOWPME .. LEASE ONE/EPOS WE ; ' 4OPOSED UNIVERSAL 3'-1" I6'-P" _ .F .. .. _` _ PROPOSED ICE BRIDGE r -, r~• -':SUPPORT SYSTEMS J, _ -_ SEE DEM r — C �. _"} • SEE SHEET SO2 FOR .. .. .. .. _ lid _ AOUrtIiHAL MIFORMATh7N_. 1_ PROPOSED ICE FMIOOE - ♦ ` 9-10 FYCJI TO C01'ER _�.J• .. .. ..... ��`b kal) ~�ti EHINIE f9NP.PLnTFO1W. . 0 . PROPOSED EOIIVAIE7R DAE4IEfr. L, �- PROPOSED B'HUH- yy�� 7 -r 1 GUK LINK FEND£._ - 3 ` .i ' ... AO .:.:I '� �FMIME SEE POSED �~ '1 _ ~��_ • ... .. .... . y . - - __ __ y Yeti _� ~ rRnrnsw 1y ___ --- — �__, UE'ItlL 011 SMEE'I.00Y... .. .. .. �w'� .. ''—--_ �_ PIRIfe= AvDC �, .. ...OPS AHIERdN .. .— CA 11EHT .. .. ... .. .... PROPOSED DUIDOOR UCHT �_ . .. ... /SVOIC/1 MONIED TO _ — _ . ... ..S'D0116LE SYAHG.WVIE ... EUUPLAEHT PLATFORM ....... .. CBIfENkb ON FEH[ ..., .. 1�`� SE ROWER MP TFl.CO _- - .. .. ....... ... COI FOR PRMR AHD Taal IAFM ( . .... .. .... ASSONE A00'FR mom PURPOSES. — .. .. ~.k�... ... __��__..__ ... . 1 ..-__-1_ 'i SITE PLAN ` -------- -- —— srmr•Yt'=1'-0'0222"><341 __ 1 •"E:0 6or� xw., Pw.c.wc — Ultei a SITE No. MPLSMN3593 V. at&t745 '"'1, 71"OR ENLARGED SITE PLAN •en6l sOr� L.S o°'h°/� °T.E."'m �0�+�'IP' �."e'^'D MwHfSOTA A Os/Yo/o0 6'JY19'OR ANCW,M CWr[n. 0A 0A RAE '� BRYANT LAKE 09/29/w ,"QM. _ A1 e�w.�..0.1 nmwn.oY,mrRm..sr as MIA Rw.ga.rs a, o«ra�o�` .ir e..+n f�.. rr. SOLD N KAM .913401, AK 701011: 11A. R0&ET A.VANS MPLSMN3583-0O2 B 6 I 4 T 3 1 2 > 1 PmlaSa 15'iBE &E ■ 1 na 116W PAWOSEl NBENW1,'IY SEE osvA,ION PM CEAREEMA ES ♦ ,j- PAIpPR➢Mh70.5 ,./ PA1:1•05E0 G/I51ER VENOM SI �'111III! N 1a€r$CEt•NR .5 — !rH Ptppo5p7 HIMMS T11111 PROPO E➢ANTENNA LAYOUI i SOLE 1.a. + 7 II ElnurA*EPRAS li I SECTION I I �p U ERF NOTE . 7g I RF SAFETY 516N4BE SHOULD EIE E$'t I}ISTAMO PER THE DIRECTION OF THE AT&T RF ENBRIEERIR6 PERT. -D' NNE ggg 1'Drat GRAVEL 4 1 F � —art SATSMIKRY HIM wPGI[IT.'TEF a N I arexnem B I BE 33Y `- N I, I` °x�Eo COVER GOV eo"` Et x I1 unncc.uBr 'q 6a I q/MAN MONNE➢ asWnrc PWEa.I BOON Y0 c�bc WAFT MIR CO MO TOP,S.CE(1571c A IiTIOLLI GPs NIIExYL� GRAM. DRIVE PROPOYll uclvlw sxP�rx Srs FM LOR Ate. DETAIL ME MELT SO2sox If%tnO101.tkI net. eo cEaS n roar i 7-Pn nun ED rum yT, A. I WEST ELEVATION + I" t A &AL-Ni a 1'-B[622'a+17 SITE No.MPLSMN3593 rt�..r at&t ELEVATION Ulte.unsfnecro _ .ovvl. , .e nom fuem F. WHEN, BRYANT LAKE '°'' .- •a'`II".°� 'r""w ripe co ..ails i ,,,,,,� -tl••••��• "•• ,�•••. rat. .�xr a�m lca�.=. �..•R+' r f1we, F�~ MPLMAN3697-CBI 17 it 5 4 + .S I 7 1 3 I GENERAL NOTES: GENERAL NOTES STRUCTURAL STEEL NOTES- CONCRETE AND REINFORCING STEEL. NOTES: 1 PE TIE PURPOSE OF CONS RUCIL0N CRAW, TIE FALLOYANO GEFWHllil E HRNI FPRIn [- AL!i7EEL WORN SHILL PANTED w ACCORDANCE WITH THE PROJECT 1. ME PROPOSAL 5 FOR AN UNNAMED FELEWIIl11JMGDDES EMERY COHIRIET R-BLI.D CONIRACTOR 1.011.CONCRETE MANIC SHALL RE IN ACCORDANCE Rni 71E AC/WI_AD CDN`TsTPJG OF A MONOPOLE LATH ANFENNAS RHO ME PLACEMENT OF SU80IXTRRpOInR-GENERAL CONTRACTOR(CUNSIRUCDONS SPECIRGICOPS Me IN ACWROhNCE MI AVTA4 ASS UNLESS On1ETCA1SE 1117.ACF 338,MN ADM,A5IR AIDS AND THE 9E5[GY AND CORSTRUCIRNF E04.MEIII AT THE TONER ERSE 0ANEJC-AT&T MO0ILTT nom SEEER-KATION FOR iASI-14-PLACE CONCRETE P IRE PROPOSED MOLDY NIL a UNMANNED AT1 GOES NOT REWIRE 2. ALL STYE M'URI SHALL RE COMPLETED AS ROWED ON THE ORANINGS AVID PROJECT S. ALL RELOAD LNG SHALL RE PERFOHSEEO 10 64.ETON%51.1 ELECTRODES+HAP ALL 4VNLAEIE'+'HALL WINE R MNNNIYF CUMPRE95R'E SiREHFIH DF POIAELE HATER OR SENFF TRACE. 53�TCANORS ST.SAWALL MOWCONFN IU DERIS AHD Ay y 0TSI VIPER FILLET 2.4 40PP Psi AI TR DAYS,MASS HOLED DTIERREE- StE6 ARE NOT STDWN,1'Rf/RADE THE NIrPRUN SIZE PER NNE J$A W fl 3. 110E PROPOSED FAALRY IS UNARlWEO MO6 NOTFOR NUMAV HARE3. TRAMS PIHOAOED HERE ARE NETT TO ERSCALERMOATINTENDED TO SHOW OLIRIM RC Are WON.OF STET CUN6TRECRDN'. PAWED 5UREAL 5 3.REINFORCING MEE SF/ALL CONFORM TO ASTM ADIS.GRADE AD.,DEFORMED [NO FUIRWC,AP A 5 REOVNKiJ]. ONLY. '" BE TIXICFED UP. UNLESS NOTED OTHERMISE NELRL MIRE FABRIC SHA,L[WOW TO ASIM 3.BpJm CUNNE4T1pN'94N,L FJE A57LR A346 REARING TYPE[3/4�B] A13S YIELDER STEEL WI.FA1Ctl6 UNLESS NOTED 9TLIEINASE SPI.IEES 4. OCCUPANCY IS LEAITEG TO PEIUOC C MAINTENANCE AK INSPECTION 4. ALL MATERIALS NRN15M0 AN5 MULLED SHALL OE IN WOO A NCE YAM ALL CUEIT4EC1 OR ADD SWYL HAVE MOON OF HEA BOLTS'E 23/ NOTED SHALL E£CUSS�-AIN ALL HOOKS SHALL RE S1111*0 N I.Ur10- APPRORIMATELY 2 1NES PER MONIN,8Y El-ROLTLA T€EI4T4 H5. APPLCABLL WOES.REGLILA11N5,AN0 ORDINANCES.SLEPOORRRC0OR SWILL*NUE ALLOTEREIDITSE APPROPRIATE NOTICES NC COMPLY'MTH NA_LAWS.ORDN ANCE3,RULES.RLECT.MSONS,Alp 4,IRE FOLLOYANC MARONE CONCRETE LOPlER sTINL RE PROVIDED FOR I 5• ND NOISE,TMOKE.DUST OR DOOR WILL M0SLT FROM THIS PROPOSAL IANFOL ORDERS OF ANY PUBLIC AIJFHO*TiY REDMOND THE PERFORMANCE OF THE WORN- REIRPORCMR:ST@ UNLESS SHOO OIITERH+FE ON CRANING& 4.NCH-ST0IOTL17GL CONNECTIONS FOR STEEL DATING MAY 115E 11/L'OM. 6, OUTDOOR SWAP,AND SOLD WASTE COHIAJIIER3 AM MOT PROPOSED. 5. ALL WORK GRAYED ODT STALL COMEALT NTH ALL APPLICABLE ANRGPAL AND MOIL AS44 A307 DOLTS UNLESS HOED 01ICR145E- CONCRETE CAST AGAINST EARN 3 AFL COMPANY SPECIFICATIONS AO LOCAL AIREDWI✓2MIL CODES,AlAy ANLES AO APPULAHLE 5.NS4113105,Y OF COWCFEETE 0PH0R0N/V4ETIGE A50100.Su11A RE PER CONCRETE IcIPOs 1 To EARTI OR WEAh[ITL 7. ALL MARK SHALLRE FURNISHED REIN AI SLAM BE PERFORMED IN REMAy IN AGCORORWCE MTHTH T THE PROJECT pair minorSOH s. WMIFACNREWS WfdREJI RECOMMENDED PROCEDURE.THE ANCHOR /8 AHO LAHU;F,>•C 1 1N. 6. UNLESS!KITED 0I/FRNISE,TIRE WORK SHWA OITXOOE FURNISIOIO PITCYIIIC ETZL1IPµEHT. EMT,OIMEL OR ROO UTNJ.COUFRRM TO MNNIPACIURER'S r5 AO SMALLER&WYIF_ 1 I/2 IR. N, SUBCONIRACIIX( -4ALL RE RESPONSIBLE FOR REPMRAYE ANY SOURCE Ap URIENAHCES,AND LABOR NECLSOW IC CWELETE Mt NSTWATIORS AS CN3UWIE1 ON RECOMJg7A]UATr1 me MOMENT DEPTH OR AS 5110IV ON THE CLYICXEIf NCO EypU9EU ID EARTH 09 RUDER OR TRF CAJSEL RY THE CONSTRUCIKK1 OPERATOR. TIE MEWS- 0RA1Fi4 NO REONR 1 BE CN NRIRQLII PRIOR F7EPNEERINC APPROVAL MEN DR11N0 HOLES IN CoI1 S0 SPECAL 71F8ECE1011S, CAST AGAYi.31 THE GROUND O. SUBONTRACTOR A1ALL.RE RESPONSIBLE FUR OUTAHINO ALL PFjWRs M1[ 7. T1E SUBCONTRACTOR SHALL INSTALL AIL EOPMENT AH0 MATERIALS N ACCORDANCE NON ROADBED BY Cd.4RNIN0 OYVn,STALL 8E PEAFORNED 4i ORCER TO 5LAS AM)WAIL.. 3/J W. INSPECTION RE1UEEA FOR CINMSR{UCRON. ANONFACIURER'S RECONMEMOATION5 UNLESS i1UL WETNESS 5PECLY STATED ETNESS AMNION MAE0.1FACn1RFRs MAMMLW ALLOWABLE LOADS. BEMIS Nr4 CL111A44S R 1/8 IN• ID. SUBCONTRACTOR SHILL REMORA ALL TRASH AHD DEERS FROM Ilk SITE ON a.. 0 114E 5PErac>r0 EWIPMENT Glir4PT 8F NISTAUFII AS 5H5NR 11R Dim ORAHM55.THE S.A CIAAMFER 3/6'OWL DE PRDyO@ AT ALL E%PO5ED ODES OF A QNLY BASIS SIJMCAIRWC*UR S1MLL PROPOSE AN ALTERRAIi*E INSTAALAIION SPACE FOR APPROVAL tN STRUCTURAL STEEL NOTES 301 CONCRETE,MHO,IN ACCORDANCE MTH PA 301 SECTION 4,1.4. 11- INROIM1IATJON SHORN ON THESE DRAIYRIGS WAS OBTAN¢D FROM SITE',nos 114E CDrfIRAClOA. SDi I.INSDLulWN 13F CONCRETE E7PNESION/WE10 ANcHoR.51{ALL RE PER AND DRAWINGS PREMED ETA THE SETE(YRKR,511BLDHIRALTOR AIAi.L 9. THE SUMCOERRMCTOR SHALL PRGTECF E]PS1R40 NPROV FJ15,PAVEMENTS,CURBS, AUENFACTUREWS WRITTEN RECLICINOEO PROCEDURE THE AHOHOR BOLT, TAMP'ENGINEER OF ANY DECREPAHCIES PENT TO OI0ERIHG 4IATETML OR LAHTSCAPONG AND STRUCTURES.TINY IONLATED PART STWL BE REPAIRED AT DTYAEL OR ROD WEL CONFORM TO LDURIFACEUwTER'S RECCNWENUADT4 FOR C PROCFEDRIG IEMEI CONSMLICTION, 6UBLQttMA07R'S EXPENSE ID THE 0AIEFPCTION OF UMIJETR. E eEDME7IT DEPTH OR AS ANKH ON TOE 7HEANWICS.NO REAR SHALL BC CUE WI14OUT PRO R A1GNd TEMC APPROVAL WHEN ORRLi.0 II[x Es IN MZ. NO MARE 51M000 LICHEE ARE PEAEUMEE1N LeMENC.F RUMORED.WILL. 10,TIE SMRCQNFRACTOR SHALL CONTACT MUTT LOCATING SERLACES MDR TO 11E START OF COr4CREIE- EVASION BOLTS SHALL BE PROV40E0 DY RAMSET/R[WIIEAC 91i MEET FAA SEAMAN:05 ARO 9EOIRELIETMS. CONSTRUCTION APPROVED EQUAL,COXLESS NOTED COTHEITAN5E SPECIAL INSPECTORS.MADE REg0IRED BY COKR5NO CLUES,SHALL BE PERFORMED III ORDER TO 13. SUBONNT4ACSOR'.}TALE MI WPHER 54141E ONE FIR 144R0-1I PRIOR FO 11. ALL VisrII1 AGI110 SEWER,LXAIER,GAS,UMW.AND ORI@ LIRLTIES MOTE LIARIT 4 MANUFACTURER'S IUOL101M ALLOWHiE comm. CONSTRUCTION. ENCOIJHIERHD NE THE WORK.5W9L RE PRg0E1EU AT ALL TEES,ME WERE REDDENED 14. ALL ANSk7W41 SHALL RE FURNISHED AND WORN SHALL BE PERFORMED JrN MR THE PANDER E%ECi711L1N OF INC WORN.SWILL RE RELOCATED AS DIRECTED BY ALY141NJCE Y,ITN THE AFURNISIO s1441 442(OF ALL BE PERFO. HE CASE ENGINEERS.LRI BLUE CLM%SHOULD RE USED BR THE SLEC7VO4ACTOR WREN WARMING CONCRETE AND REJNFORCING STEEL NOTES 302 OR RN84RD PIERS AROUND CR NEAR WIRES. Sl1BCON1RACi0R 51W1 PRdd0E SAFETY 011 A CONRICI BETWEEN 160 CONSRRUCPOR SPECRTDNl041 AND THE 7ANNIRG FOR IRE WORKING DREW. TM TAIL INCLUDE END NOT DC LEERED E Al FALL S01 --- ORMIlIlOS.THE ORAIWNDS 51WL meal. PROTECTION B1 CO1FB4CB SPITZ CI EEL1EEBAL SAFELY 0.TRENCHING 14((45401NL 12,ALL E%150EI0 ONLINE SEDER,WATER ORS,ELECTRIC AND OMEN LAOIRES.N,NCH INTERFERE 10TH THE EXECUROPI OF THE WORN.SMALL HE MOVED MOOR CAPPED, PLACED CR OIHERYICE 045C0N1RRDE0 Al FONTS WHICH TALL NOT 611ERFETE KM 151E E3ECUI*OII OF A@ 10540,AS 1REC1ED RY THE REPO/ECU ENGINEER,Me'SUBJECT TO THE PF'PROVRLL OF THE OWNER AND/OR LOCAL VERITIES 13 THE PLEAS OF 114E OWNERS PROPDIITY pYTIRBED BY THE WON AND NOT CUYERE1 MI' 714E TRIER,EQUIPMENT OR OPNE10AY,SHILL BE GRADED 10 A LRJIF000 SLOPE,AN1 SIA1LRETE TO FERMENT EROSION. 8 14.SUBLOT(IRACTOR 3HH1 411414142E OSTURBANLE 10 EIOSDE%:SME DURING COlGGTRUCTIGY EROSION CONTROL iFJOURES..IF PEAL1REE WRNS CONSTRUCTION.Slilll RE 11I C0r1ORA41MCE'Ella THE LOCAL Nd1IDELHFS FOR F,ROSIplI AO sEDMEH1 CO TITOL 15.NO FALL OR EH&M1NEEHI HATENSAL 51Y41,EC PLACED ON IRETEH CROUTU. FROZEN MATERIALS,SNOWOR ACE SWILL NOT DE PLACED IN ANY FIL DR EMBAALKAAL10. 1E.. 114E 5119 CRIDE 5F4Y•L BE T0µPACREA M01 NN0.10T N4 A SMOOTH HHIFOIOA GRADE PROP 10 RASHER SURFACE APPLICATLON. 17. ATE 571E SHUT BE GRADED TO LAME SURFACE WATER TO ROW AWAY FROM THE TITS EU4ETMENI AM LOWER AREAS IN IF NECESSARY.RUB919I.SIUMES.DEEMS,STICKS,.RO413 ANO OEM REFUSE NULL BE REMOVED FROM 111E SITE AND d5POSED OF LEGALLY. 19. THE SLIELOMPoLCTOR MEL PROME SITE SOLACE IN ACCORDANCE W(IH TEE TEDLNICAL SPECTFLCAT1ON FOR SRE SWAGE GENERAL NOTES 300 501 TTl1C1(40 Top.[..."...ccworl I mu...p.w5 SITE No.MPLSMN3593 at&t Uitoimam/Inners M w A4N9 nFNtoTu.Ta rp vN NTm AxmP Fa NW Rc "`° "MO I�N CONSTRUCTION DETAILS .,MUNI,,q ,�" BRYANT LAKE A a CB/T1 i/�M0GRT 0A71T9 _ CNN F1pTP FPR IIAnRN'NIA UMW R NN,XAL 5.... pyy n• ^• b. RDelerl I A7 up M.•.. A-"1"IC- ••••.•,.. ao.wara , locc As 1m1Eo �o101010 IAAN�T w ROW.ET.A.EA7N5 MPLSMN I59O-SDI B ITEM f oesENFIIIVI YNMONT PARR10021R03P 0 MID FART IFB-1(5110-ISH • Q VALM NT PAR[/ED2HOIP hITS PART•Mr-CC285 CDVALMONT PART 9 1102BO5P HIS PART+RT-457-12 1) `� — (sEE TAAE)] 44M4012'MOE a 120'LONG ICE ORME r SANDIE TGRATING CONST IMM PLATFWAI 9a LFW'1H DO SLAT IRE NOTES) (� 1 1 A t .1' ��_ f RE A iE S}CSEE%NA] �i D. y .e - .e x-,r 01-WPM IDES ARE INCLUDED 86 . WEN ICE BUDGE ORDER ADOITICNAL MOUE Ms AS IEOIAREO,To T MURTrAN MA1aNM oar SPAN DF 1 y 3, -0.MP) iH in,5V9-COHfP.ACiGR .d C 1+AN .Fr..NNFmnnrclea of IS K}F..r-IACC b CONCRETE PIER 2.Ncns.e xaN HA Win 1 . US t'a WTi�.1B7 B1 D. Ha.ac hny an eimr¢kM lvwi):16Velaen G% ,se y hmn aN gillnp arm Ind W9ind9# dac* IF F-i, p .•PH S PIellpnn helpTl II a*WNn liw Oil 252 gm = ...1 emwnv 1 .at I An.e.s T• 16.16 MOGUL,INdlwnu Yfnj CO-T elr% . HO . w.wr�rrm�..�eK....ean•�.�rw.. DRI �+4*1•wrc �. 4Y .m urons yP.ar.enrrmae.S a M ,, ril. 1- K.P lam- — 1^., URFA 1.WHEN USING COMPONENTS AS SHOWN NI STAMMTD OETNIS.MAMMA ALONMBLE SPAN TTEYWERN SUPPORTS UN A CONINWITS EINTE SELILTH OF ORIWE CANNEL STOLL BE 9 FEET FOAL 10 EEET BRIDGE CRMTNNEL R.THEN USING COMPONENTS FOR SPUME BRIDGE CHARNEL SECTIONS,THE SPIUW NIWLA BC PRCW1ES AT THE SUPPORT.TF POSSIBLE.CH AT A MATOMAH OF S FEET FREHI THE 911PPORt 3.WHEN USRIO GOM•LSKFHT5.SUPPORT SHOULD BE PRIMED AS CLOSE RS R POSSIBLE In THE ENDS OF ICE BRHOG6,NPTH A MIIITMUM CATITOIVT7O 015FAHCE Of 2 FEET FROM THE SUPPORT TO Tilt FREE ETC OF THE ICE 1RiOG£ 4.CUT BRIDGE CHANNEL SECTIONS SHk1 HAVE RAH EDGES TIIEATEa RAH A MATERIAL TO RESTISE THEE EWES To THE ORIGINAL CHANNEL,CHI EQUIVALENT.FINER. S.ICE BRIDGES MAY BE Cd6IAUCIEU 111TH COMPONENTS FERli OTHER MNIIFACIUNERS.PRO11p=71 THE IAENUFACIUMEHO IMSTALLATION GUIDEuP ME FOLLO ED. EL.DEIMNI1ONS FROM SWARDS FOR OOIPCNENT INSTNIATONB AWE PFIHIITTEO WITH THE RESPECNVE AMNUFACIURER'S APPROVAL. 7.OEm1NIGNS FROM ICE BRIDGE FINMJOTIOTS REQUITE FNGMEL'JOIIG APPROVAL. N.INSTALL DRIP LOOP ON NUEENA CamES AT BOTTOM OF TONER.MUI*POLE REND IS&DFIS PER MANUFACTURER'S SWAM. ICE BRIDGE DETAIL A t1�te1a I SITE No. MPLSMN3593 at M"'�6 WSW aH" Ixa 6 Ragv. ROMP Twat MO EIMNnn LWOW. Tea xN.w.x r.+.L>m.a"�°°`"""'""°"°'11 CONS'fH11C710N DETAILS ,.. BRYANT LAKE oft,IV as E wMsna oFra4A� HALL roR INK..An iNe.EN. •d• 1e.E MAI ...Ann M. DM REMUS IK CHM � (.C,r A• r.,..v. a y.n. �a�..aren.r.....ra.....e ...ILL AN Nina iOENDRH ..L loNa..: xaT MELEE?s.Ewss MPLSMN3593-S42 1 B 6 I : I 4 IL 3 I 7 I I I s' TELCO NOTES: 1 GENERAL NOTES: ]C..7.-HCPPATA, RICO CA"TREATED 1Rf.RFTt➢DwD 1-ALL WORK MAXI.CONFORM TO THE NATIONALUL ELECTRICAL COTE,STATE Bu1LLING CODES AND THE LOCAL_EEL SNO=ES. 1.OBESE iNSTNt THE 11UP�0 MEN REALL.UNKIND/TS SHALL DIE . LISTED. CONTRACTOR RSTALLCO CONBD115 AND CABLES AND BOLT 2-REFER TO SITE LATOUF PLAN FOR THE ENACT LOCATION OF N-FRAME REFER TO ATV$TANILAAD T9 CONTRACTOR SUPPIfi LW:UNrsoNT G A.SPRING FLA CONSTRUCTION O %INCS FOR H-FROZE COMPLETE DESIGN_ UUL5. a-n c �T1 c v n a 1...n a(] 3-GWrT44GT0R TO L'ODROB1ATE WTTH LOCH_LOUSY COMPANY FOR N TER- N OWEg1 SW1L MTSFAIL THE NM M40OC THE GOHIRAGFOR E.-COMPACTOR TO PROVIDE AND INSTALL METER SOCKET- SIJPOI1E9 AND INSTALLED00T17e IRN-FAVJI LUDO CABINET. [I O.MST 519.11.SRLN:E ALL CONNECTIONS AT Tiff SEBWNG S.-CONTRACTOR ID LOCATE METER RACK TO ENSURE MCIRRRAO SPACES REQUIRED BY THE NEC Of 110-Z6]..STATE,OR PEDESTAL(MPOP),MOP MO THE MU. METER LOCAL CODES ME IAAHTAINEO 9ETWE mum FRONT OF ENO-MKS AND THE WN URIC FENCE. • 4.AIL OTHER ITEMS WORN IRE PkOADEO.INSTALLED AM ri 6-SHOW LDOA110N(IRCL}1IINC DIAIENSION5j OF ALL CAPPED UNDERGROUND CONDOR ON FINAL AS-BUILT DRAWING SPLICEDSPL UT THE CONTRACTOR 4 NOTE ALL COIAPONEN11 0UBIAIPEED TO OWNER. ON H-FRAME SHALL BE nMTED IAIRPFR 1A1.VOWRE➢ Y-COORDINATE MCI LOCATION OF UNDERGROUND FL •NI AND LTRCTNTRY IVRLi THE OWREiL OROUNO 510AP __ - 8 � 00WI ATE EFFORrr W (LOCAL RACEWAYS ')AU TH0 IITY HAVING JIE1 wN( )AND OTHER — TRADES DETERMINE rEl ELECTRICAL LEGEND TOTAL CONNECTED LOAD ilia g PRTIVORTE TO t,CTRI IkkaFTH SE SERVICE ENTRANCE b:" :::34 c c c�. ...-0 S%FI[]1 CFEI GROUND FAULT CIRCUR INTERRUPTER UV EC CA ACIE TOOlO I 1180 VA •�••} E0 E`NF OROIINO Opiu YR LpNROR 440 VA uL� U u/ N.WEB t1 TOTAL 9eb VA • A NIIr."'P A ELECTRICAL NOTES: —I' E. oog000 _ eaaesed poop �a 1+- - + I m I 1TLDCAL COINS MWORKSiW1 CONFORM TO 111E NAIgNMJ.ELEf-fM0 O[[E LEORTCR AC4rIcu�'LOCAL„URL5D,C1Itl1!]IITD APPLICABLEC UMSRR][.TIP.Tito o o o c oo IT"'--"'--I. E ea _-Doe _ 00000041 Igi—_Y=: o 6im1111DING STALL COMPLY 11TI11 ARTICLE 250 OF THE NATIONAL LLECr0ICA1 ONE ` ]OHF APGptv'u r Frt Worm'TREAIEO UD PLYA1 3.ALL ILEL1RICAL Ir4IAS skirl! ROAMI y!HE APP ON LISTED. IM[A]R aovD Ter carmMe rR1 - -AO 1. +.ECRU WIRE AND CARIES Aoki BE INIPPLR WITH TTPE OWHW,TITAN.OR THIN EMOTION.SOLID COIQUOTORS FOR 119 MG AND GAY.PPE_TIP. - t t 314.41FR,DRUBJE➢FOR URGED TITAN+,D mot.MIMMDN ST1E 11.2 An. 5,POWER MINTS ALTO CA&ES%Nu BE WST41.15 IN G11111RIIT!''1 I0G10 STEEL CONDOR CR REVUE4OU1011♦71T CONCUR AS HIXCITED ,w 6I IF➢REST 6 Ta!NICE CAD E- UN DRAWRIIG :. _- ]'INN.9CL M NIEL[PM a.CCNi114C4BR TO_ MAN ALL PE01ST.PAY PELOc[PE{ min BE RESPONEERE FOR SCHE➢WJN9 IN0PEOTNONS. fiL P{p,TA RIP TFRIAIITR(SLUT E -9 �`-1-- _ E. o 0 0 o c o _AIM! AeR[WOE Poole TEST 7.COHINACICO TO 08PIN LOCAL POWER AND TELEPNBEF 1b1PANY APPeOVA1.AND COORDINATE WON UTILITY COMMIES SRACE r"-! GLIMMER HAL STRING gull EMTWICE RooLETENTs. I I I I BE PREMED WHIN CONCR I 1 I 1 I 6.PROVIDE ALL LY7OR MD WTERUR➢ET OR 1FR5 MARC,MU ALL OEMS INCIDENTAL TO CONALETIIRi AHD ITTESENIRMC THIS \ I I q]II I IL�Liry�� I 60 1 // // PROJECT A5 FULLY 9NERATWNN_ ‘� REM EAMRAAL CONTRACTOR VAL f !I I1 s II I tV J� I I I I I I y \ \\� TEST AND,RAC 1•TIlTTTIEE IMPEDANCE DOER NOT IXCEEO 5 RI OS[Neon WES,ears AND CONNECTIONS AGR00Hp BY I,4e416 OTT Cr A STERILE-4EOCER TESTER.1R0LONOIMC BE Nitiv BY ITE �� r IGp_ i. I1 L 1 I I REPRESEATATNE I Os //\/ ID. KING CONDUCTORS SHALL BEL COP n ERHER AL4 ORS S1%144ED CONDUCIBRS ME REBUTTED.IGN k!D A1L EMFRRAL �/; I ♦ I I I CONOOCTOILS MIST BE BIAE.EUOMWf-GR04H0 14A0`IN CAGE TRAYS RUST BE OFTEN NMILHTED.ALL 111RE5 MUST EE IT2 AWC 9 A19171,1NG _ ♦_ '� LIYIPAIAL m rnrom r rPM 1 F MOOED —i J �``` �. 1 TO ForNNALBT I IIDTd.YWIDL 1A✓t-ITi11r 13V .� I I —0TMI� , L�_ z s_ I ., .1. , ITO[DurvM41r IIIIIIIMIIIIIII Ira CCM 1 I. �T e.I E WE N ■��ri, • If b-JII_ II I. qg 5 P1C TO 4fRyiRG k II—OROTk10 ROD I ��(PER) I L_J I II •L_J l P 9F 11 1 .- - yi dIT 1!�p�_A4J BUP-e0 UT1LFTY I-I-FRAME DETAIL ()J SECTION A-A A a SITE Na. MPLSN1N3S93 Øat&t n„m-�-,T,,„�,,,,,,,,,� ,„ „a, N v PIA POWER DISTRIBUTION CENTER UI tF..'I yBRgin9orw _ _ MnllOIESOEA BRYANT LAKE A oal17w 01410`wl 10 AM 1404511r ,N to n Dalielia nA...AMID 411=•emm..w 451Y 1Tm1nmor.N•.�v.1.1% ft. WE MUMS W G�'.PRL Y�1/� 7�.c� I. .74:14e..�.,. suet RS 4550 irommeo. IMAM! .o. FROBLEYTMIY'A.EVANS MPLSMN3593-SO3 B ,Can I 4 4' 3 I ? I 1 ELECTRICAL NOES: I. ALL HFCFRICAL WORK SHALL SE PERFORMED IN ACCORDANCE WITH THE PROJF..GF CPECIFICURONS AND ALL APPLICABLE LCCAL CODES. 2. CONDUIT RIIVTINGS ARE 9C9EW'TIC.SUBCONTRACTOR SNAIL MISSALL CONDUITS SO THAT ACCESS TO EOUIPMEHT Is HOT BLOCKED. 1 1HE SUBCONTRACTOR IS RESPONSIBLE FUR PROPERLY SEUUENWIO GROOM:V C SILO UHOERCROUNT CONWIF INSTAyAT104 AS TO PRELIM/ANT U LOSS OP CONTAIIRY II THE CROWDING STSIEA4 OR DAMAGE TO THE CONDUIT. 4.. COII'RESSIOII CROUSA CONVECTIONS MAY 9E REPLACED BY EATIIIERMIC (CA➢WEID)CONNECTIONS S. SERVICE TO ERUIPIAE711 CABINETS SHALL BE 120/245 VAC.200 API', 1-PHASE_{FIELDYES1R'DOSTNE SERVICE). PROPOSED 75' SIEALTFI MONO. B. ALL GROUND GTJWiECROHS 9EL014 GRADE SHWA BE£]IPiTlR1AIC {CACnYELp}. ✓�PROPOSED MICE MCNCPOLE 7. ALL GROUND CONNECTIONS MOVE GRACE(INTERIOR k EXTERIOR)BOLL HE GRCLWD RAG r• - e FCWaAEO USINGhl[OH PItF55 CRIMPS. 0. ALL EROTHERMIC CONNECIONS TO THE GROUNO ROOS STOOLL START AT THE TOP h HAVE A VERTICAL SEPR11SION OP 5'E.E9ERT MIDRIONAL CONNECTION. 1 a0. a�u 9. ALL E%TEBIOR GROUNO CONNECTIONS SMALL RE COATED WITH A CORROSION ::.-/L. RESISTART MATERIAL. PRCFOSEp :.:-- ••: �— yy out TO FEET Or Ir ..-- ' ..�F pMG IS1 SWAGEDM GREEN 1O.ALPPER�IIOR GROUND CON I CONDUCTORS �L BE A2 AMA SOLID MEG ME BIW A _ •T• ': ��.. AI 11.GROUND ROOS SHVL DE COPPER CLAD STEEL.5/E S 10-FT,LONG. a5'@.I@•—D"CAPC ER • �. .::ii '..:.� CLAD 00101ry0 RW1 _ _ --___ „-.:i:..�\',I'.,��`Ia GLAD 1D'HR%. 12.CONNECTIONS TO THE GROUND EC SHALL HOST O IC IBLEDTIDES UP 09 SH '_:.:':':' e::::'. SGR.TIEC- BACK TO EW.'%CONNECTIONS ON OPPOSITE SIDES OF THE a =--^':•••.. .:"L'`.�=u�.'—`s ,• GRODIt)BUS ARE PERWITEU. GRISJIRT RIIG: h :..1-_ I i�Rl.S.. 13,USE SO 9D @ENDS IN THE PHOIECTIOH ORWNOING COHWCTORS SHALL _ .��`r~�..-.....-.��If�-, 9E AVOgEH7 WHEN 4S BEHCS CAN 1�ApEGW7ELY SURPDR,F17- / 1..: (+._ .��.. ... .:� -.. ..�T 14.MOWN RESISTANCE OF THE WMPLETm ORCHID SYSTEM STNLI.NOT 1: - PROJECT ENGEM SSPECTFCATON FOR FACILITY PERFWWENG.MI ACCORDANCEFALL OF MN J•• ' POTERMVAL METNOR- r . .. .... -•.T''Y��� 19.SUBCONTRACTOR WILL LOCATE LAIS HG DAMES PRIOR TEl DIGGING. • D ORM ELECTRICAL SYMBOLS: ADBREYIA71ffNS= H-FRAME SEE Alb . • ... .. e CHEMICAL GROUND ROD ARO AMERICAS WIRE GAUGE ... 0 GROUND ROO DEW BARE COPPER WIRE . .... [ OLSCONNEET SNRCN OwS DRAWING I EMT ELECTRICAL METALLIC TUBING iCA] METER OENN GENERATOR GROUNDING PLAi� TOR INTERIOR GROUND MHO(HALO) A A S I I' CIRCUIT BREAKERIMC INTERFI ITE METALLIC CONDUIT SFL f,9•-1'-0'I11221.14'I IT CAB/VELD TYPE CONNEC'RON 4GB MASTER GROUND BAR • CE{,1PRESSON TYPE CONNECTION PCS PERSONAL CpFIHLAISCMWS SYs5E11 --—— GROUNDING WIRE PTS POWER TRANSFER SWITCH PVC RILIO(SOH.40]POLTVIISEL RNLORCIE ANIZE)r 041. +—REPRESEMS OETALNUN HUTABER RIGS RCA G,ALVM1Hf£fD STEEL + REF.DTNWING HUTA6ER WRAP RAccyAY 1Yp TYPICAL DEC GROUNDING ELECTRODE CONDUCTOR A Ui`!p SITE No.NIPLSMN3593 V at&t A„A„ro, , „ �, �, ''W ' GROUNDING PLAN 81 aeP.. Ir6 n1 ��NIMES= BRYANT LAKE 011/mrc1 lSER roA NRVGI Tom CRA.AIT ASA SW OS oe/osIra ,x r 13110 ., WE T RI 0510 I PP'l nu µ : .qa., ...RUM MCI. ,5mnn ` °�*' .� � r MPLSMN�3-Eat N ROCLEY A Siam I 4 T 3 I 7 I 1 PROMO OR100.AC TIMM.MAT174 SLOPE AND BAWlLL(SAND REGIO 5iS OF ESISTWC �.M,A.+ I MISTING LIMIT OR WOVE SOIL] CONDITIONS TRINSH RAIfTi PEA ASIAI SCANt OS DNDISTURBED SOIL ird 1--Timm'GROUND ? � ,::�:I..'; { '= ''IfAf,--+: COMPM;TED ! FP it Emma w/ ❑ IICiI� • - SATISFACTORY Io<W 12o/240 4. HRH .1 rll"i!' p[I 11 ta-nyE aR ID TELCO li SERNOQ WERlL - fn --`--%-^,f:. 1;�� IMPORTED SOH a'cMtl111(NOTE.I) ��ilvllm]Rdl .•::1L'-], �T WE Brio FAcroln'BNm I_LI ll1'V.2 III;fc I.- FCR TROCHAIC ■� 11 2.MEEK ►� METER r+A2 - - 5EC TWA 1pSPNONE COMM"CPrUIIr 325/ED2 *CRC APPLICABLE AIN *POWER CONCUR miiid`i ,AI1,NPER p%VG TyPE T Lock IfFETTY *ERE APRIICA&E — COORDINATE SIZE AND El-21IY24- INERT 5} TYPE w11R LOCAL OOT NN6-AKA. LftA ITY MOO KW ('IYP.] VC WV TO SECOIIPN1IT CIETT400 Mr �� +15 NIP TD PRM r0T RRT(LEcC '11C x AYC DISCO/WV GR NDD/D ly'GSDikXNO E. *SEPAAhicei DIMETAld1 TO BE WOWS MOM CORDUCYS>h LOCAL Orally=PAW OEOIIRRIITNT5 I-CORDIAL UY/ �e. I III ' C9ND110NR 4 FAIR,CAT 4 NIP -L WW1 ppNWO{pR5 I.• JOINT SERVICE TRENCH BURIED CONDUIT W/PJ4D PLucs FDR — 3-1/c AVAI 11IIYX I— g1CT/TELEPHONE C 1ELCO SER41(:E i'TcOtiogli(NOS} I I— DETAIL 326 PRIMO•Ggiourfo — SOPPLENENTk I I LIECTRING ' Cf10kNIDING NTS E02 {IECIRODE '7I EiEGRt00E I I ORTITE,y RECEPTACLE SSC POWER E,llrt1 r [N01E a3 —p- FALTORI'=. Ik4Iiii 7341.1 BIRria4ouV INTEPo9CXE0 NMI 8REA1Tft AHD COI. MICR ACTE S. GENERATOR 6BEAKER STONE SUB LRV.41E0 .�_ iil ' STONE SUBBASE MR 10011 1P15/L'04J y ASPHILT PATCµ (ROTE R} 6RAOE ASPIII7IT INCRIIESS FO MM11GHt► 2 RAIL CAT S CABIE �51V1[:12'AUNy- ^iAM'LER(SEE DETAIL ID1P/EOA] -NEZBRIL 015 J�lOTES. SM1WCUT� hi, F3 IllI.GAUGE YOF ELOOTIICAI_CDN0UCT0RS AND CANI%1IT OVILMEIE.AS SUBCDHIW'C'FOR TO MAY REQUIRE AOJUOTMEHE TO COMPENSATE FOR CHANGES DI '.NsTALL(I}15 AMPLENGTH WADI AFFECTS VOLTAOE DROP TO THE LWIPi1ENT- '''"I "I4;�Y:-I;-•,.nBRFJY67I FOR ( AIAM-FROM ILAD TO 7RANSFORMFTf) IL .I si=-, U.-_ 'I II MVO W I M al 2. SEC POWER PANEL IS PROVTOED AS PART OF THE SSG INFERNAL COMPAACTEDCKFili T- SATISFACTORY MAY VARY ACCORDING TO MANUFACTU'AIRING OT SSC Is SHOWN MR ILLUSTRATTAC PIIRPOSTS ONLY AHrI T[YE I=jS II VERf. ]3.SUBCONTRACTOR FIA4L VERIFY 114AT THE 1AAIN BCNONNG WPPRTED PIT E ^DE I o/JUMPER IS 413TALLED PROPERLY. OUT NORDIC L OROILA& TRP CA.PETS m. 9V5 4.SUPPLEMENTALOStOtlNpNO ELECTRODE STLV-L BE PROVIDED OR CONDUITS qI PER NEC COOS REOIIIREHENTS. REDOING(41Mo OR i TRENCH TN PAA!NAS 5fINWN S.SSC AC PANEL IS RATED AS SERNCE EIRRNRCE EOLMIENT. NATIVE SOLI PER I SINGLE LINE DIAGRAM FOR SINGLE TENANT s,SUBCONTRACTOR SHALL FURNISH AND INSTALL Tt SURGE AST"ST MIDARDS SUDOONTRACTOR TO 20/240 200A 10 SERYIC WITH EXTERNAL DISQ01p ECT Boo su 00rn1Ecl�1o0 TOP SSC FAL To T71 ENCOESLIRE WAIT 5 An MUTATED TARE(REFERENCE STANDARD DUAL NO. 14115)(arilDETAIL ®DETAIL 7 415TAL4 F1 5111tGE SLIPPRESSOR IN RIF'OF SSC IN FRONT LOOT COVER Rill .� ." tt Pam'." Q } . ——.w'�Ivr.Ny nir.OP. uc.: UE SITE[�[]-MPL,SMN3593 a &` ... ONE-LINE DIAGRAM&DETAILS V ItBI JL�ngillecrs a wryvlw Acvrm+Fxcn mo Rdranrm lvwla. rm.m>w As.,... 1 wrfiESOR ' BRYANT LAI{E A..R1. ,'.r"/°. °FFR�" ""m""r '' eA.I1a 00/5/W .13119 ��t .�s.Ie .4a.A.� »o 0. M< RMlw4 N WA PPS"¢ ,»r,...m„,, SCALfJ As MAID IF®W.p �1 JAM,: RHA RD MFLSMN3993-E02 re �6 I r, I 4 T I 2 I 1 i I ` a� 14 OR 6 AWG STPINO ,Su 1 17 T4 24 'si4.-7.4, -,Imr,� I r'16 „iE WE!;PEEN.AOOV. noel Lustxmoir___ __ z. e . • PWENN.CABLE t i OID"N0.A i�'+�+l p� .J.r %e . u co fj``II� tlao e •QSEF(IE105 606.6/ .6 whu GROUND OR WFAi/1ERPR00FIHG Ka 7_. lE6t,_ Wi NTi�JiOH TLYA'{R— ' I I I I.I D {0 N5153] GABLE*POUND my - I- OOPPfR GKOUnO 6/.4Re%4Y WIMP IMP AISr10AEllr 00. I I I I I i TONG CRUM GT.N0.B-•142 OR MAL NOTE CENTERS TO 1466061160.66 10 MG SMILED COPPER GROUND 97 ANG SEW WIRE LUG 0ONFIOURAMON.(KR AL GROLR1D BAR SZE WEL ORE POUNDED r0 Ga0LW0 BNI] SOLO,RNNEC 100 BASED ON MAKER OF CROOK CONUECTI0K5) • • 4� • {SEENOTEL E 2- INSULATORS,NEWTON 015RpUAENr GAT.NO,3061-4 OR EQUAL 4' NN 10 U ❑ H T 3- D/s'LO5KW4514L15,BEAM RISTRUMENT CO. CABLE cam RAID TAr.NO.3011 e a EQUAL STEEL 5/Inds 4- WALL MOUNTING BRACKET,NErym RUAo VESI ]LT CO. 12 AWG 9000_ Tirin[n Ram ILF-B'LONG GT PO.A-rA56 OR EV.) COPPER GROUPED mCONDUCTOR. E101HERMIC WELD TO BURIED 1.00 NOT fNSTALL CPTXE GROUND KR AT A REND ONO ALWAYS[ARM GROOM RING AND C1icul 7 6AR 41TOLRid PE OONN 10 GROW)BAP- s- CA %1'TELLS BOLTS,NEWTON RTSfAUAEKT C0. CAT RO 1a-3R1x-1 on EOM 1-100(10 11 KO SFAL 8E TYPE NW PART NUN0EN AS SUPPLR77 Oft 6- TiLSU[,ATCTRS SWY1&ELudNArED WHEN BONORiG fAREC1LY TO A�OMMENCED Br GBLE AIJEIIFACT1IIiER. TO104T IRE SMALL RE PER 00 CONr1E TE1 RE COP .EDATM pEE INSTALLATION OF GROUND HIRE I9 S-N¢ATI*fi PRCOFYEC S1ULL BE P*IG-YARr TAPE KR.can SHRNd{SEAL STRUCTURE SMALL 9E PETS 4WVFACT4RET+5 NECNA4�lMiNNES- 1 nor RE USED. GROUND ROD GROUND BAR DFJAIL GROUND BAR C DETAIL 13A NTS E03 DETAIL 503 DETAIL 509 DETAIL 08A ars- E03 E03 ins E03 tam 1,00 IM5TAu CARS LwmTN®KIT AT A REND HIP ALWAYS mRE01 00(LINO WARE VOW TO MEM,GROUND 6+Ii i WEATNFT*PROOF1iiG:A1661 RE TWO-PANT TAPE NIT.COLD 9LRINK ANTENNA CAmpeR OF BLE OROLN IERNO 1➢WELD GXINNEETI.4ti5 Bl1RNElY CONNEG710IR5 4- :FUEL MI RE l>54l- MT 01510E THE lAmLE HAT WI AP1T0Fm evuei TO ANTENNAS (T{P.]A1E0 ANWERRA _ _ or 6p0 0R MR TERMINAL WEAMERP1t00FANG or iPT1ucE9lE UG COAX.RNaETi 14000 RR(ttp) AP:Ma! PARALLELIIQiPidm'L CWCDC1T1Bs b�ae TL 510110aw6EP {Ttt y hrE`HOPfwNpa C+� RnRSaX0M.rcc PALLSAITO 0000 MATO 01ROME Io RUM] : 02 AWG MC 19 TIPE NS TINE T-TA-O J 9 CONNECTOR ST14VfJEV• - TOTW WEATHERPROOFING +6 RN'G MAXIM __[rm.l piWHORFO Neo WRNOUT 9DE NEW OF '�L NOTE 2 11 O4LA10F,5,Ti011NTEr1 CAi4E TRAY OR AN1ANTENNA 1PEAR/B BOW, 0U1510E OF CABLE NM 1.OA%SOUSE ERS EOA CABLE TO MOUNTED IEAR/OELOW R15 EOTFMENr PI ANTENNA KR FROM WORM IS Af4G STT MOB SNRo11:lr CPT r In Ft°o PM hfOl T wr eg �gy1� FRAME SUPPORT WAXED TO M40 TRKOU6NC IT fi IVN CARE ROW 01 47 m i°W r•N ma-EOIi•a"�m ls.TO'IN 0.R WENN*Al!$T ROD SREI `AAT uP�WE lErT:AI rrnE vs TYPE TA-9 t /6 AYES 51l1H0E0, [� rRSA4 ANTENNA 41SUUTED BC440E0 10 'T' MAST Alt TErOERFALS f2 AWG CROIINM WOE ALC14G {WHEN REw(Rm] SMARM,OiSULATED ueLE TRAY 10 NM GROUND 13A13 MOUNTED ON CAME TRAY CONNECTION OF GROUND WIRE TO l�[� F WALE OORN AT 41.TO WATT GROUND 9Aft. ROi�FTOP Of�RRrn NIES WEE'IS DETAIL ' DETAIL igh — P. NTsVP 'SAC' SITE No. MPLSMN3B93 a a[t Ne° """ '='' `�� U�te1 Jongin rs a osha w a m.c.vn Eo�RT nrmon w .a wNOESOTA M. GROUNDING DETAILS BRYANT LAKE °w"m' Tug T0*IE'co.0..nn ,1..PA RE; b us/xa/so �u,i9 ,.� Aga" .o ,�,,. VcRAc«s FM C,N ,.c. �. .[am SOIL As p.m TA' V. ALA tom. 00 ROB• LEY A.EVANS MPLSMN3593•EO3 a ,� ed..... 5 - 4 + 3 I 7 I 1 I 505 EuLTACON Ric 10 WI1SI1 CAMS DIINIDOR _ 214-2li1-7143 {{NOMA/ERICSSPNJ T1 3JPGE SUPPRESSOR O40 II&00M ROE EDIDEO P1 C00411467-016 IIPERIC A SCIPAT W10 NO. _ REM r_,T-- - YDRE MARRED MANIL I 'PRlnEciEn' INI Ali9(TYP} {SEE NOT 21707 7%1 LE4'GDi IN Fi[1 I. {SEE NOTE 1} PLASTIC • xOiCH toN13 TOULLE if rIBOULN1 CABLE H COMPRESSOR 1 CABLE III POWER c551 cAEI1001 GSM ChOJOIET USES CARNET TAr } CABINET [CY51PAi AND NOTE 2/ LEP&JUM D RA Lr>fL AL, , uuMPERs1 RAMC CONNECTOR RN RS4i0NYENT 1 8 PIM — CONREVOR/G AVM SWAMP CU.j L15- 00 -brt PORT PAWNED TRW SUER M4JLAIED DOM CCM 40 0 MS COME OLT Of IRS VIIID]RI L______-_ ` p� - GiiPIMO'ARE EVI19®W 1 �!E O A 1iVU!RIME SNACK ARMY Ya UNIQUE ER gull RE U's-0" NOR ' �`2"FLF.1 CONCUR At.RIMER;NOTE 1}J,� 1 M�oR GUMMED E11RpSL'RF. IONA 1LTRANIF NETALTR015 CIIT g SEL M[ER CABLE W5T TE DMA A POOR 11RE0 IN WE ABODE FABLETEL 7�FLOW L9NOtlR OC POWER{1(91E z1 B�. 10 tau. {No SURNT IMONS APE< ROS7) 11 2"FLEX CONCUR MARS T1 NMI 3 I.MOUNT SURGE RUMOR ON 0NSANc EIIN RPA A-AW511A40, 3.00404E SOD GEtE5 OE SWARM WOE EARED OPTIONAL PO+1EEY 14404E OPIERR15E PROVIDE MARIIC SARN16IC MOM OR.7105.0-11157 WE REDUREMEN15. RITE A-uNR OR RNL,OR FOWL.PRO SEOURELY mom td TF1W 4.CAGE 6 A SMAIINT-1l 40'J00 AM 4ER1sAL CONNEO1IR F10-OUT ON BOAT NOSE 2-YIST4L AIO 91t Aft POWER team(3 RED#3 SADO C BdL�. E1435. 2.1417 11 00.00MB DARE 7P 511E IT Rio.5EPARo oo.s FROM TFE RAIL NOTE 4-HAVE AB PULL STRINGS E S OF It 0 HOUTAIEMO HARDTMOUND E,USX'F 5fINN RA STEEL 8013,1DCIOHC 110511ER 5.ORE END AM 19'CRdR1P MI6.9W1 BE[6Ik1fD AT f.'n4L1 915. NOR:4-VA1TS CABINET TNT NOS BE ON 9TE 9111 0ROP5/CpNNlT15 5H11.L STILL 9E IMSI.11EO. AHD NUT 04 SEI.E-1APANG VACNINE SCREW TNQ RRL41,Y MPS TX DW RAIL CONIAL.TOR INSFALLD FLEX CONDUIT DETAIL S.1V55 MAY BE ORMTIM TO SUIT SITE REOVHQ7FAIS DETAIL • ,I; 71 GAME AND CON CTOR PIN-OUT P -4 DETAIL � DETAIL 01. 11- * V E04 1L^ RING MOM12 I I+rJ {rm AVM SOLID 1304 4 CAOWELD 13 5 C _. ,1 12 AIM MY/ MI CABLE TO SOW RL-D CABLE 4{015-10 1 NOTES: 1.GATE JUMPER Ma BE 14/6 ARO WELTING CASE OR RESOLE COPPER 3RE3 ElLNDEr 5PE B DASH SLEEVES ON FAg1 Se 0f5101L0 ViRTIC/TL POTC¢NRECTFJI FOR ENOTNENANC WO_DIN0. S GATE JUMPER 0*ULL EE INSTA1J.ED SO 11NT Fl'MLL NOT OE Sug1EF1F1] T[]RINC 1 TO 0AAW7NG 98MN MEN CATE 5.FULLY OPEN PI ERNE4 DIRECIPYR. NOTE: 1.VE 140.0 POSTS SNW.L LE DOMED TO 111E RING AT EACH 14044E+.AS A MAIDIU E ONE VEI1I1CAL POST SHALL BE ROMP TO DE GROUND MG IN EVERY 100 FOOT SIRROR0 X1111 OF FENCE FEE GATE GROUNDING FENCE GROUNDING DETAIL 501 DETAIL 502 A E04 PITS E04 47474•77.4 SITE No.MPLSMN3593 V at&t _ F<13 s lx PURPOSES GROUNDING DETAILS UIteI,lengfnners e 01r+i4w NEVEM 1w1u kr.(1.e.41.LoC.1N11' :w` ) 01t.Y. Ivo,0E924 to BE BRYANT LAKE A 051ZWw MR..roe PEITEW.1D cmlr1N1 8a.F11.PAF DE1ERur1E0 BY CONTRACTOR 4 .cel.nn..1...v.,.� 01141. r;xmTn Imann: �GR'�' 1m.Am _ MPLSMN3593-EA4 El .�,�.��5 1 ., I 4 ? 3 l 2 1 1 IGPS EICC1-I 4 GPS/BCCH ANTENNA BILL OF MATERIALS ANTENNA I CELL NNEN OEscRmnow OW Paver M0 (NOTE 9) GPS - v® N--.�.N �� ]B 3A SURGE I�tESTo AVM CAPSULE 1 HAS 26,2217.W7O 2„NOVA[MA>=TER MIME Ammon 1 MS.14A3.11551S (2.375"ACT.O.P.)X 2.-D"AIA1l IA CPS/r1COA ANIE01MA 1 AMMO N SCHEDULE 40 Tor.--aw/19aD/OVS-A] RIGID CALYAN[tEU STEEL PIPE TO 39 MAP TERMINALS PR IRTRER-u.FR ("�7) IN I'OP OF NOK1A MUSS O _ (159N.770a5) (NOTE 7 7 CLAMP &8] S 1 SN UONF NEC♦FWLECT �2.-cow CABLECABLEAR INEW LOFT-50,, 1 a In" I LE coax OININECrIIR • INDREW LAPKM-11C UNIVERSAL RPE AOLP'TER PIT ITS B cow AMER,MS TO DIM 12 LKR240/1611IC!I0WW/15FT PART NO 5153A CO ECUAL 2 1/�-Taawc (NUT'S 7' 1(2" C TO A4R5FEJPLFR PORTS(NOTE 11) OA LYRR4R/TERNC/11A/TIFT 610 N CN%JUNWCAi WET TD IaPI/NECN 7 N•1247/16TNC/1111/TNT EXISTING LCE DRKTDE POST OTS SURGE AA�[UA OR SIMILAR POST.1F NEW PAST C04%GROUNDING K1T5 REQUIRED WHEN To seam 1 FURNIOlrm 5Y ANO0EW5 IS REOURED,SEE DETAIL 1150 , f VOCCH ANTENNA IS MOUNTED FROM TELCO NW tl Ins FOYER CGRO I DI s+3407-1-40 FOR POST PAW FAU"W7Wq Ti ON THE"TOWER r �12 VAN CAE FUR KENTR62 05/114 1 GiAA0�3-06 GPS/BCSH MAST GROUND KIT Y 23 j7 5A DINE DUAL P01v 11 BUSMAN Li,fT a1 SFUPN61m u1' (E%OTHERLL[C CONNECTION) _ - suOzo9lwcmR3 ' - r 0 DEC DETAIL G} 1e 10A Fu5E 1 BLIMA1 N GAIT-IOA iFUNIA511®II4 holm 22 _ w61;aMrw4r0R) N L IT 1ELC0 HACK[i•TALL,HI"wog T CNArssAORiH PROouCT9(4AS53-505)• C NOTES: TYSTI I Po OUT D15C NAM_ _ 1 BRO M xowGJTFD-MI 1. LOCABBON PE ANTENNA µUSE HAVE CLEAR MEW OF SOUTHERN SKY `J v ):::, 21 kYRNE 4RMIE AINIESNE u1un, 2 ANCE17 MYPPE PRo0UCT5 MO CANNOT HAY£ANY BLOCKAGES EXCEEDING 25%OF THE SURFACE AREA OF A HEA,ILSPHERE WIOVNO THE CPS ANTENNA. - N E x 16 17 72 CRT 5E CAME RJ4a PLUG 1 L1E 11154 swtD-151 HlAY'Y Yell-.1'SnfeMK Imam S TC U T (5r Z. ALL IPS ANTENNA LOCATIONS E/UST IF ABLE TO REDEYE C EAR L7 SIGNALS FROM A MINIMUAN i OF FOUR(4)SATELLITES M 1S MINUTES. I - .I VERIFY WITH HANDHELD CPS BEFORE FINAL LOCATION of CPS 413VF]C RISE PANEL. - m MOW ANTENNA ZT IRAPTON OB15M RISC TO MAIN G 1 IDENH4TF 77NW2 5.THE WEIGHT OF INC ANTENNA MOUNT IS 0.5 LBS- \ 24 CAT 5E CARE 0149 TO RAM 1 CBS 04TACON 4. EITHER LCE RRIOGE OR StlALAR PASS OR ANTENNA MOUNT PIPE 4R 1°AlN1 ANN e'DROI1NO PGTNL C07411407-015 - 4- ANTENNA MOST NC CRouemCA.CROU145 WITH a A17G TINNED BARE mawON TELCO RACK ��{1!V� (-3 ?,... -1 qOCOPPERWINE E%OTHII0/ICALLT BONDED TO POST OR PIPE AND GiA BLACK-limp j I 2D [OWNER 1 FLIPHSHIL 5'I AH1RSN5 CONNECTED TO GROUND RING-SANDY TYPE CAR3903 OR GROUND '� - CLAAIP MAY 9E USED FOR ANTENNA PIPE CONNECTION. i} �26 COM IUINER COMM!16 NET N LA1T24a/INTNNC/1T1L/4FT 5-SUBCONTRACTOR TO 1P1U1R COOS BOTH ENDS OF COAX, '�$ RAIN AI SINGLE GNAT BANG FOR GPS,DOUBLE GRAY B°N05 TOR CELL 1ICO xi Al F011ITA7.--1 ALL MAT@FBALS DN THE ABOVE TABLE WILL BE FURNISHED TO THE 6-1>5=ANDREW CONNECTORS ONLY - 1Ttl01N A2 5UBCOMPACFOR UNLESS.oTNERWISE NOTED. 7,GROUND ANTENNA MOUNTING PIPE WHEN ATTAC1ffA TO A 25 81 O I A1011T EB NM 16--1 OHILINDED SURFACE.IIBFIt-SUHH ANTENNA, 'e NL1 61AN0 CRAP LS NOT REWIRED WHEN 1Ii1a1�A---{ a USING H &GROUND CONIJEOT[OIN(1 1/C SAWN)GROUND cONNECIIIN REOUREO —.DI OUT ME Al Be ■ - FOURER-MINTIER NTTi7NNA •—e C7 OUT WINN CI 81--! R H R.LABELED DSAL"OM HUEER-5UIJNER ANTENNA 1WRWGi■ III VERIFY ODA(SµA CONNECTOR)OR UT/IA(H CONNECTOR)TO BE 1A a ME INSTALLED- THCAA INC a 2222 I 11,I14S/BLx91 COAXIAL CABLE SIZE BESIUIREM[NT 15 DETERMINED NY GSM CPS❑C 1 U 5 5 0 7 L,y 74 CABLE LENGTH,AS Mama.. INL.S r,h1T4_ LDF4-50A 1/2-IHCA)UP To 506 1 vs 1 LDFS-504(7/5--INCI4 Up TO AOC' LDUC-50(1 1/5-INCH(LIP TO 500' MOUNT ON TELCO RACK 'AL7-50(1 9/5-INCI1y UP TO 700' L �1 0 NOTE:FOR 7/K.AND LARGER DTA CABLE, 1Y USE 0'JUMPERS AT 1/2"DIi TO DATA PORT 2 17. COLOR CODE LMR CABLES IT MATCH MALL COA%JAL CABLES ❑SU -. 1.1 1 TERMINAL NETWORK 4, CIE) 41 A Fx.rgarm.rtrz 7"SLY°° SITE No.MPLSMN3593 at&t `"'.:w in 10,cr {..� to I'eTgllneNnc Ie W/TAIw APICFP luxes Nn nA1F1mIr LOT:1noN xeA FeI R.F'"""S6i°" TTA E97 7 ANTENNA DETAIL&SCHENFATIC MANDEA... BRYANT LAKE A 4C1x/N2 nwm Cox 1mr..NO WAWA, RIL ONE NM'F'd oem/os 17T T9 4r, .,...g1 Aim:w:iw ria»1wT*u in„.sa.t...• ib DAM ax MIl IAHcA11L ALL-- .Ar"' { -�+- SCA1[ As Ii099 lM.mm Ai! IDRIATI 4aI RORLEI'AL EMYMS MPLSMN3593-ED5 9 I 5 I T + 3 1 2 I 1 • Ind Ta...allm. ,�.. 1., `.. 'vc '. I.,. _-. RF Cenflgumdon s'• eae•.aw ..eK. aaaa x Om flaw_.WA,Pa 1.0 Oual Band 95fl14960 lei wrw ...,,W nim _ a•. Uh TSIGSM RX T%-2 Dual hand Goss Pot With 4 Fatdlihes caw. i, w oy.va 0146.1.+ITI c...,.exxa..y.1•for..tbn •W y` ._ #tslrp Ixa.a ue..suuAw Nem. F u.r abr... 1 1w.RIV09. P��rw •ra0-per I' q�T�. r�wF �. _-_ww1.19 ww•RWP•Ml ate•-••x•aI NEW "' MAP Dm l x•N�%S 9 r NEWLI0 ilux:Ta.mea. 1 NJ...la hmn AMiiw � Wal{of. "� ._ ".. ___ -_ _" - -�i 990OGSM "'I'np•a t2h13.d 2 .moo A.1' 850 GSM «e..ter •� �xA* .wlwT .x«wn.r .a.1 .... 1....W , '�.I..1Tav A•e. .o-•1.a a•�•T1e Ben,. I 1Wwww• •• •.... omem�• ....T• 1....••- ws nm vw. lWumAc9 RA71,'1.Adan ' wlx.">Ttlo.03 /rat,. .0 I 011 I __ TW. S.if�.e0 sAe1-sis2ao PET `? • ml`abi.n 1N 1 3' 1A If..... rinr::. 1 ,� ,K .• I. l >W se a nrii -_re: Ta aan Rid 101 -. NF �/• ' � �•�ri '1.* rR TM w. Irr "-- AmtTaw tmo uAin - V! _: MN', 1 r - aco!IDIOM.TMA - _ i:.,'_i 2a.w ET,l.owla. :y 9T►1.9..auw -y . anf'.a•9 auz»4enquvlfaT+ cacw s plmo-os..fm S02II Yaafl I.bten 02 Yf - ;„ cE�k -e,l.rte 0.w0 • I . a �. . Ow Caw uo a. I• a•.. _ •u .va 1 l a..a IA.. 4.1 0.0-1 ' .. . J • wa,.p xa avid an wI ER ad.WI OPT wn•.. .9 +1•I� ama..1 MTi....1MT 1 r :TRW a•lhw� T..l ew - awlu./ Owl WO .0 a alma .". I -� RMIAETB AREASeT •..um - - t 'f OMIRE]FOR �..•• - na, -- _ 1 �'k I ShcPLMAN gm re,. or w191 _ w - IL ]n -' Su ' - { ® TIf11 hUTS T' "„ N eaih -r- — -21.1. .n 1 - '°°- ;—iae _ I E1. L L - f T x �i� ...,.m •..ww ...1Ta. .«goes iaaa I .- c:.r r ...Tom _I Fj .e 1r�V - I FINAL -+m[nPN - - - - _.. I EQUIPMENT .. aiNFIG osi¢ .^ • • I I-^- 13 E Ft BASER ON f012011 V _ �• - - I `1 ticaO R40 RID 7UIRx "WE. RID ANALYSIS.I - -. - LOCAL _ - r - . I GSA 1900 GSM 650 ❑MT5 050 MARNEl a unTe aem..-w .Odw had,..d rem........mi nfaw.rewl•'Nn Ilfl.T'1 L.awp AM...AV,.hs'l esar w I t I'E EI]9ACK n wfdwgw me pawn•M1-1.12 ,aod.A1,o1.•1.'oo»m MI dn. UMW nnw...••Maraian-0.-12!M.WNW n.wa L- - e.1w.,.a• '�°..�ee...a.o.r 112 Mew Iwyv01 Pal 11a•r....a.mww..,1.na.en1.1epwM•.n twrrn,.•W WOW LEE 1•v.wa...,1n. h I COO. CABLE LENGTHS(APPRO8.) ALPHA= 95'± -.. BETA • 95'f •1 6A1111A- 99'± n4 iii=1m" `rc arAMMO°1�"p e",Sc001°a...e A.M. - U�tel as�uteers 517E No. MPL5MN3593 a#&f RF DATASHEET a 001a0/90 RWJEp 1r.ap[.4 Komar:mum. mi.'.6a R., awa...... " BRYANT LAKE =�"n°r°° mrtp FOR AM.'T•nv c9wxr 'NaT.m WEU'E a WY B4 fry , 581t9 •i•-..• ya..w11-f:':'nw II.,oac xa1e115 Fl DM WPM eiL.4r .. •. RIX Tm a01•r,T scut, .s 1mm ionmrza w. Pw�I: .pa RUBLES ti DIMS MPLSMNEGEa ND1 a 1.06.1m6 A` 3 I 7 I 1 SECTOR GENERAL NOTES: ANTENNA 1. SECTOR ORIENTATION/AZJMUTT4 WILL VARY FROM REGION TO REGION AND IX SITE SPECIFIC. REFER TO ANTENNA DESIGN SHEET FOR EACH SITE TO DETERMINE THE ANTENNA LOCATION AND FUNCTION OF EACH TOWER SECTOR FACE, D $CIuHV,.EO EXAMPLE • 2. THE STANDARD IS RASED ON NINE COLORED TAPES-WHITE, RED,YELLOW,NOLET, GREEN, BLUE.ANO BROWN, TOP JUMPER CABLE Al ORANGE AND GREY. THESE TAPES SHOULD 8E READILY AVAILABLE TO THE ELECTRICIAN OR CONTRACTOR ON SITE. 1 (TYP.]. GAMMA C OR ir3 ALPHA A ORF E5#1 RT CABLES Al THRU AB 3. USING COLOR BANDS ON THE CABLES. MARK ALL RF GABLE BY SECTORS.ANTENNA,ANTENNA PORT, AND FREOUENCY BAND I Cl DHRU CS AS NEEDED AS SHOWN ON 'CABLE MARKING COLOR CONVENTION TABLE". MHA WHERE REDO AS NEEDED I 4, WHEN AN EXISTING COAXAL LINE THAT IS INTENDED TO BE A SHARED LINE BETWEEN GSM/3G PND L5 13W/rOMA IS ENCOUNTERED. THE CONTRACTOR IS TO REMOVE THE EXISTING COLOR CODING SCHEME AND REPLACE R WITH C1 THE COLOR CODING AND TAGGING STANDARD THAT 15 OUTLINED IN THIS GUIDLINE.IN THE ABSENCE OF AN OF NI EXISTING COLOR CODING AND TAGGING SCHEME, OR WHEN INSTALLING NEW COAXIAL CABLES, THIS GUIDELINE 15 TO RE - IMPLEMENTED AT THAT SITE REGARDLESS OF TECHNOLOGY. IAHA JUMPER CABLE WI 5.ALL COLOR CODE TAPE SHALL BE 3M-35 AND SHALL BE INSTALLED USING A MINIMUM OF(3)WRAPS OF TAPE (WHERE REO'0) BETA H OR#2 i AND SHALL BE NEATLY TRIMMED AND SMOOTHED 50 AS TO AVOID UNRAVELING. RF CARLUS RI TNRLJ ON 5. ALL COLOR HANDS INSTALLED ON THE TOWER TOP SHALL DE A MINIMUM OF 3"WIDE AND SHALL HAW A Yam. - _ AS NEEDED MINIMUM 3/A"OF SPACE BETWEEN EACH COLON- L� S.ALL COLOR BANDS SHALL BE INSTALLED AT OR NEAR THE GROUND NWSHALL BE A MINIMUM OF S/4"WIDE. a.ALL DOLOR CODES SHALT BE INSTALLED SO AS TO ALIGN NEATLY WITH ONE ANOTHER FROM SIDE TO SIDE. MAIN COAX[1YP.] TOWER PLAN. VIEW If GR JILT SHELTER Ll Xrr( P] NOTE'IF EXISTING CABLES Al THE SITE ALREADY HAVE I A COLOR CODING SCHEME AND THEY ARE NOT INTENDED TO BE REUSED OR SHARED WITH THE USN TECHNOLOGY, THEN THE EXISTING COLOR CEDING SCHEME MAY REMWN —— I — IMTR]0CHE. - I ALL HF CABLE SHALL BE MARKED AS PER CABLE MARKING LOCATIONS TABLE BELOW: I CABLE MARKING LOCATIONS TABLE 0 CABLE MARKING LOCATIONS TABLE CABLE Al CABLE A2 CABLE A3 CABLE A4 p AL A ]F I No. TAPE TAG LOCATIONS SSECTO, ONE TWO THREE FOUR V T K EACH TOP JUMPER WILL DE COLON CODED WITH ONE SET OF BANDS. RED RED RED RED CABLE Al CABLE A2 CABLE AD CABLE A4III BIAS-T MERE EACH AWN COAX SHALL BE COLOR CODED WITH(E}SET OF BANDS Q BETA, EC B,Y ONE TWO THREE FOUR TOR I REED 2, x NEAR THE TOP JUMPER CONNECTION WTI(1)SET OF 3 4`WIDE WHITE WRITE WHITE WHITE I COLOR BANDS JUST PRIOR TO ENTERING THE BIS OR TRANSMITTER BUILDING, CABLE Al CABLE A2 CABLE A3 CABLE AR 8S — JUMPERS SHALL HE CON CODED YIITH GAMMA, C. 2 ONE TWO THREE FOUR SECTOREWIPMENF 3. K _/4 WOEOTTOEWIDO ON EACH END OFLLBOTTOM JUMPER.(1)SET OF BLUE BLUE BLUE BLUE CABLE MARKING LOCATIONS DIAGRAM & COAX COLOR CODE IDENTIFICATION DETAIL A [�Iteis SITE No.MPL5MNS593 &t � COAX LABruNc u. . ...�w a'olrsI?S1.A,..m vwcu+w cv�".v"taEm�w .ss'ra.mac ... BRYANT LAKE .oet:vos MaE MS " .. DE �aa11a 1WTE .EASE• M rNi Q.T. ,wrc w. ,+'",,, �m. a:lawn 10Lvc.Fn eu RR., ROmEY A EYMIS REPLSNEN3593-NO2 B NOTES: QNS?ALL FFjIco. PER ASTI.F-987,SWING GARS PER ASTAI F- Roo) I-DATE P05T,COMER.HER9TRIIr DR PULL POST Siva 9E 2 7/8V •`F S. o�+,.�. 5C42EUCE 44 F9R CATS WIDTHS UP 1inomit S FEEL OR II FEET FOP �. 1►.A �' i OO RAE SMUG 617E PM ASTIY-F 100S. �•�� _ +*.� INSTALL WINE- ... •� Piss. j�j`t". INSTALL W REt111fIEO • / t, �'•-• 49• RUNE PCSI:2-3/B'd SCHEDULE 40 PPE PER ASIM-FEW • ••�•�+ a !/ ♦r,* . f ...r, I `�� 7-✓2-MCC �• I� 3.WEE FRANC I I/P"H SCHEOEILE 10 RIPE PER ASH-FEW. •• �•.•+1 i. E 4.•�♦♦♦VIIIM` FABRIC 9 GOA' a ? A.TOP RILL P BRACE SAL I I/47R 469O VLF 40 NPE PEA ••• � �•:• ''':�a ASRA-F1095. �.j .�. gnit,• i.•L 4"ES NVE1109 5.FABRIC:I I CA CORE MITE 92E Y"ACV,COMMA/Mt TO AS'M-A S24. lT •.'o'aE CIAe+4 I. 44 # .. 3/R•STEEL CRAW TENDO ':-: -.: •IJRE PCSI TENDON WIRE .?'::.':L ..,.s,y" 6 TIE MRE:MH7067 11 GA GALYMIBEA S4 I IRcrui h ANGLE"RAP +�� ♦y __r•.•.. TIE WIRE AT PITS IS AND RAILS AT NAY._�'INTERVALS.BMW.HOD • � (I r v FLINGS ON I IESNIR mite Al 24•INTpryAI,S. .+it'• y.,... I` • i�►�•"w" coYSNuwH We' 7.TERSER WIRE:7 0A MANTLED STEEL • '•#`•+*,F�•► ��4 t II'' •• t•�.� `• 9-(.IRRf.P yew A STRsHOS 9F APIwLE S7R.EP 17-1/7 CALVE IIR.IF. i • +4. 1• 'Il�,._.`I Ei ..+..� • wine.4 PI 9NiB5 SPACED OR PPPROWNAIELY y CENTERS.(925146t IF e.REau+LFa1 •• ±ti4 r��AI±,.A+�,St • TYPICAL ELEVATION GATE IATL7R: 5-7/9'0.6.PLUMPER NO r/In19HHn04 TYPE CATCH NC LOSE(IIETm AMIE F09 ALL WES OR 09110INABON AS PECmm DETAIL BY AT&T M10ILJT9 N75 1 10.LOCAL MTSOL {FOR BAR0E0 mete PETaST SRALL GOVERN IC.TALLAnCM. C f 1.REPOR-R'YERncai 12.ALL YMOR.SHALL CONROY'MTH THE PR2+E0T SPEDRCA710N5. $.DATE PORT 9..g9A014A1 TYPLCAL WOVEN WIRE FENCING NOTES TOP IE�ION WIRE .e-a•DOME 919ND Why• swam WIRE DETAIL HS Q BRACE RAIL Al DATE MTERICR SEE FACILITY SIDE STREFCN SAA --SECURELY .FAfEE IOE+lFVICA,iCe+ r mP OF Ii�pC CORNER.GIV s iuPRBLICNOii0OPIAL Ron wiE N Ih J=aig HI� RADIO OR CAE J` Ear]AR PULL P051 `lu.. GATE FRAME .;1 Wrr.LATCH ifol TYll511. , •I i ,ta: CHAw AND Aax gL0R TUIL FRQ/ECT 1"A904E:CTIOII06ry.�� 10P WWI ROIL ORIN'V•v•Y'V" z6 r;1",•'v�+'��-v':r�aro MK)SLOPE PlL AMMO{TTP] .1•~y T I/2` %RUCKER DAN (IWO IA I Tema WIRE OR CREME FRONT VIEW nucnNP1 MG./ aanhc I I T IAA% gg STEEL TURRBUCREE FAOY MALEr BOTTOM PENSION YORE ROB ERASE DR swum] AgelkGONcRETE ORE O{MIH) DONCREIE i.7 FROM GRADE BARRETE TYPICAL_ SECTION DR 11-S wU.)1 1_2, TOP VIEW WOVEN WIRE FENCE WC7VEN WIRE CCyRNER. GAZE. EPiD OR Pl1LL POST WOVEN WEE SWING GATE. L2OUELE DETAIL DETAIL a DETAIL111) N wEs NTT rs A Ultei uenpineer marti SITE No. MPLSMN3593 at&t n...MI.'...E01.R..3....nl IX.. Fs'.a..0 >m� ' r � FENCE DETAILS uor BRYANT LAKE P.R/,1 P m�p ALA cd..r .N,A L__ o9/30/99 .43110 •wi wry..:.N•e- �grmo......r...0. It. WI 3hsaks �f DO.W'[ �[„�� aI- M. .xr w 17..9 1' o { I^. ". 113.. ... ROBLEY A EYAN. MALSMH3S93-F01 e 5 I I a + 3 1 7 I 1 T 1 --SILT FENCE I,m mem A meow.swiss or WI[n®o rimer/sr /NM m�Im II.aa-a or Hr sent lie � IN E ruin rr_I,H sit Few. t riot situ Om R r D 5.-CF T-SHAPED PETAL FENCE Pest -SILT FENCE INSTALLATION {E w Len E/cdsrRurnTH tRAFY1c] 1.mom:trim+Ir p widest an . lm ...re A ux.Cr le lei n a" lows susses aTl Ieln,anew BM W- r.Hnnx.rat ram wu If Ashram er a ne...KM.I Tsrm M1nT. i! o a 4cw aware jl i a a i Di Ill 0 1K slerl re Me..Vgm ST CT&WAS u D6t A SKI Lae LVn. „l Na.wit ww[rS�RR RYMNdr a/MAX.. R _rchiM _ P.M DARtt fi 1r Isar la.6. MAME stir e UE semi.]ryglc q N:ss fin K.FIG91 v IPF MAL a l fir N HA Two rlwll I IHE. 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S 9�+a.E emit rims slum a.memo w.Y,ALE ampain mi.R,civ,r>m.rm 1n ingot 1111141''. ri 1` :`,, I ,, GEGTEaTIHE FABRIC•I •I M1'J�i_ 1` I 7REHLTI`3W1 6E A VI DEEP TO "Hoff%6'TEEP IO + BURY F AECIIGN 115E '.I I II OfOT TO F FTRE C,FMO ITATETIAL ki. I 11 � l~ `� , .I/1 F INS COMPACT TRENCH WWI to:. ` I 7i ` MATED SOIL 1..1N. 1 I SEDICOILE FA90G >3 . _•�_ �I �}� TO OVERUP S.-G-T-9NPE➢METAL FENGE POST SILT FENCE DETAIL �- �I I n,rraur.N TREirar {New uErcL Ico smut mn nnvn� R.T s. I �y 1l 4,-- k`'f - FLCfi'�EGRON i]o. SIT aer FENCE AR W IGLE Lw I MHODT wane. I TYPE of HEAR�ETNLLE[OHMILAS.iTE1 ROUX, NApffkL M10 COMPACT TYPE 83 AT ALL gRAA IGCATfpNS. 'WWII MnH EYIGVATfO SOt TRENCH SHALL aE a uIHIMUY OF4I•wIDE c-DEEP TO TRENCH DETAIL 0 p BURY AND ANCHOR THE GEOSE]TLE FAME,FOLD WTEMAL LIE. LU TO FIT TRELICH NIT EIIGIEFDl AHO COMPACT TRENCH wMTH 1Og\.IED SOL A "` Tr `, HA —tea. R.,RR.Ialtdandi SITE No.MPtSMN3593 at&t ROME $'PM. ." ..u. ELT FENCE DETAILS iJIte 1 ue�RCIi... .AF�Aa: wT-n Rio mamm a In_a„aII aI,IRiI aI. SoAAArum a Ia° s Wm.,.w.M.ryr.rn. BRYANT LAKE ;tp1.. �.,.r�e�rN.Na %�. IIa.TeT+e.L"IF't9L29 ,wa,]I i9 ••m„'�`•a°° ,m.°�ar.Ar w. WI 1 RRY15 5 a. OW ava'p° II w< .. .:r.....am".r. WALL AS MU loc0w45 au IM..en: NTA RTBLEY a Dons 0NPLSMN3593-Lo1 Wa 6 I 6 I 4 111 3 I 2 I 1 COMMUNICATION FACILITIES LICENSE AGREEMENT 13708 Holly Road,Eden Prairie, MN This Agreement ("Agreement") is made this day of , 2010, between City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, a Minnesota municipal corporation, hereinafter referred to as "Grantor," and New Cingular Wireless PCS, LLC, a Delaware limited liability company, 12555 Cingular Way, Suite 1300, Alpharetta, Georgia 30004 hereinafter referred to as "Grantee." Grantor and Grantee referred to collectively herein as the "Parties." RECITALS: A. Grantor is the owner of certain real property located in Hennepin County, State of Minnesota, and more particularly described in Exhibit A attached hereto (the "Property"). B. Grantee desires a non-exclusive license and agreement to use portions of the Property for the purpose of constructing, operating, and maintaining a communications facility ("Facility"). NOW THEREFORE, the Parties agree as follows: 1. Agreement. Grantor enters into an agreement with Grantee for the installation of a new monopole ("Pole") to be owned by Grantee upon which Grantee will attach a communication Facility atop the Pole for term, uses, and consideration in accordance with all of the terms, covenants, conditions, and provisions contained herein. The new Pole is hereafter called"Grantee's New Improvements," or the "New Improvements." 2. Term. The initial term of the license granted hereby shall be for a period of five years (the "Term"), commencing on the earlier of the date that Grantee begins construction on the Property, or June 1, 2010 (the"Commencement Date"). 3. Conditions. (a) Grantee shall: I. Be responsible for locating all utilities on the Property and the cost of repairs to any utilities damaged by Grantee or Grantee's assigns. II. Provide at its costs, and install the Pole and equipment meeting the specifications listed in Exhibit B attached hereto and made a part hereof, at the location shown on Exhibit B. 1 III. Restore disturbed areas to match existing grades and sod as required by Grantor. IV. Satisfy the Conditions Precedent identified on Exhibit C attached hereto. V. Comply with the Technical Minimum Site Standards described on Exhibit E attached hereto. 4. Grantee's Use. Grantee may use the following parts of the Property for the following uses, and the construction, maintenance, repair and replacement of the following (all of which are hereafter referred to and are encompassed by the term"Facility"): (a) Not more than nine (9) antennas and necessary connecting wave-guide and appurtenances on the Pole as more particularly described in Exhibits B and D attached hereto. (b) Installation and maintenance of the Pole and ground equipment consisting of approximately 400 square feet to be erected on the Property as described in Exhibit B attached hereto ("Ground Equipment") to contain Grantee's radio transmission, computer equipment and emergency battery and generator equipment. The cabinets for the Ground Equipment shall all be painted to match. (c) Utility wires, cables, conduits and pipes underground and within that part of the Property described in Exhibit B attached hereto. (d) Grantee shall have the right to ingress and egress 24 hours each day, seven (7) days a week, on foot or motor vehicle on and over that part of the Property from and to site location, as described in Exhibit B for the purpose of inspecting, maintaining and repairing its Facility and related equipment, provided however, Grantor shall have the right to require Grantee to exercise its rights of ingress and egress on and over a different part of the Property or other Property as may be provided by or through Grantor. Grantee shall be solely responsible, and liable to Grantor, for damage to Grantor's property caused by or attributable to Grantee. New Improvements and Grantee's Facility (collectively the "Improvements") shall be installed at Grantee's expense and Grantee's Facility shall be maintained in a reasonable condition and secured by Grantee. Grantee shall ensure that its use of the Property is consistent with all local, state and federal laws, ordinances and regulations. 5. Exclusive and Non-Exclusive Agreement. Grantee's occupation of those portions of New Improvements denominated on Exhibit B as "Exclusive" (Exclusive Area") shall be for the sole and exclusive use of Grantee, subject to Grantor's right to use the Exclusive Area for its own communications facilities or other public purposes in the future, as well as for the purpose of maintenance of New Improvements. Grantee's occupation of all other portions of New Improvements shall be non-exclusive, and Grantor shall have the right to use the Property and to authorize others to do so as Grantor, in its sole discretion, 2 may determine. In the event that the use of the Property by others to whom Grantor may hereafter authorize such use constitutes an unreasonable or harmful interference with Grantee's use of the Property, Grantee's rights hereunder or Grantee's operation of the Facility, or if Grantor utilizes any or all of the Exclusive Area for purposes other than those noted Paragraph 5 above, Grantee may give notice to Grantor of such interference. If the interference is not corrected within thirty (30) days after the giving of such notice, Grantee may terminate this Agreement upon notice to Grantor. 6. Utilities and Taxes. Grantee will be responsible for installation and payment of all utilities required by its use of the Property. Grantee shall pay all special assessments and personal property and/or real estate taxes levied against or upon the Facility or the Exclusive Area by any taxing authority. Grantee also shall pay its proportionate share of real estate taxes levied against the remainder of the Property by any taxing authority. Grantor will provide to Grantee a copy of any notice of taxes or special assessments imposed upon the Improvements or Property as a result of the Improvements or use of the Property by Grantee, which Grantor may receive from any taxing authority. (Subject to any and all limitations imposed by law, Grantee may contest, at its own expense, any such taxes or assessments.) 7. Maintenance. All costs for maintenance of the Property and New Improvements that result from Grantee's use of the Property, shall be paid promptly to Grantor by Grantee upon Grantor's demand. 8. Ownership of Improvements. During the Term of this Agreement and any Extended Term, ownership of the New Improvements will remain in the Grantor. Upon termination of this Agreement for any reason, including expiration of the Term or an Extended Term, the New Improvements shall become the property of Grantor, except (a) the transmitting, receiving, antennae switching equipment and cabinets commonly associated with wireless telephone service, and (b) those New Improvements which Grantor notifies Grantee of Grantor's desire to have removed upon termination of the Agreement. Grantee shall, not less than sixty (60) days from the termination of this Agreement or the effective date of notice, remove those New Improvements which Grantor has notified Grantee that Grantor wishes removed and shall restore the Property from which they have been removed to its condition at the commencement of the Term. Contemporaneously with the deliver to Grantor of this Agreement executed by Grantee, Grantee solely at its cost and expense will procure and deliver to Grantor an irrevocable letter of credit or cash deposit ("Letter") in favor of Grantor in the principal amount of five thousand dollars ($5,000.00) to secure Grantee's obligation to remove the components and/or New Improvements referred to in (a) and (b) of this Section. In the event Grantee fails to remove the components and/or New Improvements required to be removed within the time or times provided and restore the Property, Grantor may do so. Grantee shall reimburse Grantor for all costs incurred by Grantor to remove the New Improvements and restoring the Property. Grantor may draw upon the Letter so much thereof as will reimburse Grantor for its costs. Any amount remaining will be refunded to Grantee. If the letter is insufficient to cover Grantor's costs Grantee shall promptly pay to Grantor the deficiency. 3 9. Defense and Indemnification. (a) General. Grantee and Grantor each indemnify and hold harmless the other and their elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation arising out of use and occupancy of the Property by the other Party, which may be asserted against or incurred by either Party or for which either Party may be liable in the performance of this Agreement, except those to the extent that the same arise from the negligence, willful misconduct, or other fault of the other Party. Grantee shall defend all claims arising out of the installation, operation, use, maintenance, repair, or removal, or presence, of Grantee's Facility, equipment, and related facilities on the Property notwithstanding any provision set forth herein to the contrary. Grantor's obligation to indemnify Grantee shall, in any event, be limited as set forth in Minnesota Statutes Section 466.04. Common law immunities and defenses are not waived. (b) Hazardous Materials. Without limiting the scope of Subparagraph 9 (a) above, Grantee will be solely responsible for and will defend, indemnify, and hold Grantor, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the Property resulting from Grantee's use of Hazardous Materials. For purposes of this Agreement, "Hazardous Materials" shall mean: Any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic substance, pollutant, contaminant, or other similar term, by any federal, state or local environmental statute, regulation, order or ordinance presently in effect, including, without limitation, asbestos and petroleum products. (c) Grantee's Warranty. Grantee represents and warrants that its use of the Property will not generate and Grantee will not store or dispose of on the Property, nor transport to or over the Property, any Hazardous Materials in violation of applicable laws. The obligation of this Paragraph 9 shall survive the expiration or other termination of this Agreement. (d) Grantor's Warranty. Grantor represents and warrants that it has no knowledge of any Hazardous Materials on the Property in violation of any applicable law. 10. Insurance. (a) General Liability. Grantee shall maintain an occurrence form comprehensive general liability insurance coverage. Such coverage shall include, but not be limited to, bodily injury, property damage — broad form, and personal injury, for the hazards of premises/operation, broad form contractual, independent contractors, and products/completed operations. 4 Grantee shall maintain aforementioned comprehensive general liability coverage with limits of liability not less that $2,500,000 each occurrence; $2,000,000 personal and advertising injury; $2,500,000 general aggregate, and $2,500,000 products and completed operations aggregate and $5,000,000 umbrella. These limits may be satisfied by comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are no less than the above stated limits. (b) Grantee Property Insurance. Grantee shall keep in force during the Term and any Extended Term a policy covering damages to its Facility at the Property. The amount of coverage shall be sufficient to provide for replacement of the damaged Facility, damages resulting from loss of use, and shall comply with any ordinance, statutory, or legal requirements. (c) Hazardous Materials Coverage. Grantee must carry sufficient coverage, to the reasonable satisfaction of the Grantor, for damage caused by Hazardous Materials. (d) Additional Insured. The insurance policies noted in this Section (10) shall be issued by a company (rated A or better by Best Insurance Guide) licensed to do business in the State of Minnesota, and shall name the City as an additional insured. The insurance policies shall provide that the Grantee's coverage shall be the primary coverage in the event of a loss. The policies shall also insure the indemnification obligation(s) contained in Section 9. A copy of the Grantee's insurance declaration page(s), Rider(s), or Endorsement(s), as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be provided to the City before Grantee, or any Party acting on Grantee's behalf or at Grantee's behest, enters the Property for the purpose of construction or placing any Facility or related material on the property. The Certificate(s) shall also provide that the coverage(s) may not be canceled, non-renewed, or materially changed without thirty (30) days prior written notice to Grantor. 11. Temporary Interruptions of Service. When Grantor determines that continued operation of Grantee's Facility would cause or contribute to an immediate threat to the public health and/or safety (including maintenance and operating personnel), Grantor may, without prior notice to Grantee, cause discontinuance of operation of Grantee's Facility or may order Grantee to discontinue its operation. Discontinuance of Grantee's operation shall include but shall not be limited to, shutting down the transmission of electromagnetic waves or impulses to or from the Facility. Grantee shall immediately comply with such an order. Operations shall be discontinued only for the period that the immediate threat exists. If prior notice is not given to Grantee, Grantor shall notify Grantee as soon as possible after its action and give its reason for taking the action. Grantor shall not be liable to Grantee or any other Party for any interruption in Grantee's service or interference with Grantee's operation of its Facility. If the discontinuance shall extend for a period greater than three days, either consecutively or cumulatively, Grantee 5 shall have the right to terminate this Agreement within its sole discretion without any prior notice. Any rental fees paid by Grantee for any period of time following date of termination of this Agreement under this Section, shall be refunded to Grantee. Notwithstanding anything to the contrary in this Agreement, Grantor acknowledges and agrees that the FCC is the only party that has jurisdiction over the health effects and permissible exposure levels of wireless communications facilities. 12. Interference with the Property. Grantee shall not interfere with Grantor's use of the Property, or use by others to whom Grantor has granted the use of the Property, and agrees to cease all such actions which unreasonably and materially interfere with the use thereof by Grantor or others no later than three (3) business days after receipt of written notice of the interference from Grantor. If the interference cannot be eliminated within 30 days after Grantee has received written notice, either Grantor or Grantee may at its option terminate this Agreement immediately. 13. Interference with Communications. Grantee's use and operation of its Facility shall not interfere with the use and operation of communication facilities of Grantor. If Grantee's Facility causes interference, Grantee shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within forty-eight(48) hours after receiving Grantor's written notice of the interference, Grantee shall immediately cease operating its Facility and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Grantee has received Grantor's written notice, Grantor may at its option terminate this Agreement immediately. 14. Additional Covenants. Grantee shall: (a) use natural gas or propane (and shall not use gasoline or diesel fuel) for energy to power an engine to operate a generator to be installed on the Property, if any; (b) not use any process or method in the installation, maintenance, or removal of any Improvement upon the Pole by means of welding, cutting tool, or other device which could damage the Property or Grantor's New Improvements, including its interior and exterior paint (if any) or any equipment attached thereto; (c) protect the New Improvements from damage or harm in the event of the repair or maintenance of the Pole or other facilities of Grantor; (d) not, without Grantor's consent, remove, cut, or trim any trees or other vegetation on the Property; and (e) replace significant trees (as defined in Eden Prairie City Code) lost or reasonably anticipated to be lost as a result of construction of the Improvements upon the Property in accordance with the provisions of Eden Prairie City Code Section 11.55. 15. Default. The following shall constitute an event of default by Grantee ("Grantee's Default"): (a) Grantee's failure to install the Pole by December 1, 2010. (b) Grantee's failure to comply with Grantee's obligations contained in Sections 5, 10, 11, 12, 13 and 14 of this Agreement, subject to any applicable cure period. 6 (c) Grantee's failure to observe or perform any other covenant or condition contained in this Agreement within thirty (30) days after written notice to Grantee specifying such failure and requiring Grantee to remedy the same. (d) The adjudication of Grantee as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Grantee under the federal bankruptcy laws or any other applicable law or statute of the United States of American or any State thereof, or the appointment by such a court of a trustee or receiver or receivers of Grantee or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit in each case, the order or decree remains unstayed and in effect for ninety(90) days. (e) The filing by Grantee of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Grantee; or the filing by Grantee of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Grantee of a petition to take advantage of any debtor's act. The following shall constitute an event of default by Grantor("Grantor's Default"): (a) Grantor's failure to provide access to the Property. 16. Remedies. Upon either party's default, the other party shall be entitled to seek any available remedy at law or in equity, and shall be entitled to terminate this Agreement as provided herein, seek specific performance, and/or seek damages. The exercise of one or more of such remedies by either party shall not be deemed an election or waiver of the right to exercise any other remedy. 17. Duty to Repair. Following transfer of ownership, Grantor shall, at solely its cost and expense, have the duty and obligation to keep the Pole and the Property in good condition and repair and in compliance with applicable federal, state and local laws, rules, regulations, codes and ordinances. Grantor shall have no duty or obligation to maintain, repair, restore, replace or modify any of Grantee's facilities, fixtures, personal property or improvements located thereon or therein. 18. Termination. In addition to the right to terminate this Agreement pursuant to Section 16 hereof, Grantor and Grantee shall have, and reserve, the right in its sole discretion to terminate this Agreement at any time if: (a) Intentionally Deleted (b) Intentionally Deleted 7 (c) Grantor, in its sole judgment, determines, after consultation with a licensed structural engineer that the Pole is structurally unsound for use, for any reason including but not limited to considerations related to the age of the structure, damage to or destruction of all or part of the Pole or the Property from any source, or factors relating to the condition of the New Improvements or Property. (d) Grantee does not proceed with the installation of its Facility by December 1, 2010. (e) Grantee determines that the Property or Facility are unnecessary or inappropriate for Grantee's operations for economic or technological reasons, provided Grantee shall give Grantor at least one hundred eighty (180) days' written notice of such determination. (f) Grantee is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Facility as now or hereafter intended by Grantee; or if Grantee determines in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable. Upon termination of this Agreement pursuant to Grantor's or Grantee's right to terminate this Agreement as provided herein or upon expiration of the Term or any Extended Term, the Parties' obligations under this Agreement shall cease, except Grantee's obligations with respect to Sections 8 and 9 of this Agreement and to make payment of any amounts to which Grantor is entitled at such time. Termination shall not relieve Grantee of any liability by way of damages to which Grantor may be entitled upon Grantee's Default hereunder. 19. Limitation of Grantor's Liability. Notwithstanding anything to the contrary in this Agreement, in no event will either party be liable to the other party for, or indemnify the other party against, punitive, indirect, incidental, special or consequential damages, including, without limitation, loss of profits, income or business opportunities. 20. Condemnation. In the event the whole of the Property is taken by eminent domain, this Agreement shall terminate as of the date title to the Property vests in the condemning authority. In event a portion of the Property is taken by eminent domain, either Party shall have the right to terminate this Agreement as of said date of title transfer, by giving thirty (30) days' written notice to the other Party. In the event of any taking under the power of eminent domain, Grantee shall not be entitled to any portion of any amount paid for the taking and the Grantor shall receive full amount of such funds. Grantee hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in the value of the benefits or this Agreement or the fee of the Property, shall belong to Grantor, Grantee shall have the right to claim and recover from the condemning authority, but not from Grantor, such compensation as may be separately awarded or recoverable by Grantee on account of any 8 and all damage to Grantee's business and any costs or expenses incurred by Grantee in moving/removing its Facilities. 21. Additional Buildings. Grantee acknowledges that Grantor may permit additional improvements to be constructed on the Property. At such time as this may occur, Grantee will permit said improvements to be placed immediately adjacent to Grantee's Facility. Said attachments will be made at no cost to Grantee and will not compromise the Structural integrity of Grantee's Facility. 22. Successors or Assigns. All of the terms, covenants, obligations and conditions herein shall be binding upon and inure to the benefit of the successors in interest, heirs, and assigns of the Parties hereto provided that Grantee shall not sell, assign or sublet any interest hereunder without the prior written consent of Grantor, which consent will not be unreasonably withheld, conditioned, or delayed; provided, however, that Grantee may assign this Agreement without Grantor's consent to any parent, affiliate or subsidiary of Grantee, any Party that merges or consolidates with Grantee or grantee's parent, or any Party that purchase or otherwise acquires all or substantially all of Grantee's stock or assets. 23. No Representation or Warranty— Conditional Grant. Grantor makes no representation or warranty regarding the condition of its title to the Property or its right to grant to Grantee use or occupation thereof under this Agreement. Grantee is entering into this Agreement and Grantee's use of the Property is subject to Grantee's own investigation of the suitability of the property for Grantee's intended use, and acceptance therefore "as is." Grantee's rights granted pursuant to this Agreement are subject and subordinate to all limitations, restrictions, and encumbrances relating to Grantor's interest in the Land that may affect or limit Grantor's right to grant those rights to Grantee. 24. Entire Agreement. This Agreement contains all agreements, promises and understandings between Grantor and Grantee and no verbal or oral agreements, promises, or understandings shall or will be binding upon either Grantor or Grantee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless it is in writing and signed by the parties hereto. 25. Choice of Law. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Minnesota. 26. Assignment. This Agreement, and rights thereunder, may be sold, assigned or transferred at any time by Grantee to Grantee's parent, affiliates, subsidiaries or any entity which acquires substantially all of the assets of Grantee, without notice to or the consent of Grantor. As to other parties, this Agreement may not be sold, assigned, or transferred without the written consent of Grantor, such consent not to be unreasonably withheld or delayed. For purposes of this paragraph, a "parent", "affiliate" or "subsidiary" means an entity which directly or indirectly controls, is controlled by, or under common control with Grantee. In the event of a sale, assignment, or transfer to a parent, affiliate or 9 subsidiary, Grantee shall remain liable for the full performance of Grantee's obligations hereunder. Grantor hereby consents to the assignment by Grantee of its rights under this Agreement as collateral to any entity which provides financing to Grantee. 27. Notices. Any notice required or permitted to be given by any Party upon the other is given in accordance with this Agreement if it is directed to Grantor by delivering it personally to the Manager of Grantor; or if it is directed to Grantee, by delivering it personally to Lease Administration Department of Grantee; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier,properly addressed as follows: If to Grantor: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: City Manager With a copy to: Richard F. Rosow Eden Prairie City Attorney 650 Third Ave. So., Suite 1600 Minneapolis, MN 55402-4337 If to Grantee: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site#MPLSMN3593; Cell Site Name: BRYANT LAKE (MN): Fixed Asset#: 10128847 12555 Cingular Way, Suite 1300 Alpharetta, GA 30004 With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site#MPLSMN3593; Cell Site Name: BRYANT LAKE (MN): Fixed Asset#: 10128847 15 East Midland Avenue Paramus,NJ 07652 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other Party shall commence to run one business day after any such deposit. Any Party may change its address for the service of notice by giving written notice of such change to the other Party, in any manner above specified, 10 days prior to the effective date of such change. 10 28. Recording of Memorandum. Grantor shall execute and Grantee shall be permitted to record at any time a memorandum of this Agreement. If this Agreement is terminated prior to the expiration of its Term, or an extended Term, Grantee shall record an appropriate instrument to clear the memorandum from the title to the Land. 29. Advances in Technology. As technology advances and improved antennas are developed which are routinely used by Grantee in Grantee's business, Grantor may require in its reasonable discretion the replacement of the existing antennas with any improved antennas then being used by Grantee in the Minneapolis-St. Paul Metropolitan Area if new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of improved antennas is economically and technically feasible. 30. Miscellaneous. Grantor represents and warrants that Grantor has full authority to enter into and sign this Agreement. (a) Grantor shall contemporaneously herewith execute and acknowledge and deliver to grantee for recording a Memorandum of this Agreement ("Memorandum") in the form of Exhibit "F." If this Agreement is terminated prior to the expiration of its Term, or an extended Term, Grantee shall record an appropriate instrument to clear the memorandum from the title of the Property. (b) This Agreement supersedes all prior discussions and negotiations and Contains all agreements and understandings between the Grantor and Grantee. This Agreement may only be amended in writing signed by all Parties. Exhibits "A" through "F" are incorporated into this Agreement by reference. No provision of this Agreement will be deemed waived by either Party unless expressly waived in writing by the waiving Party. No waiver shall be implied by delay or any other act or omission of either Party. No waiver by either Party of any provisions of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. (c) This Agreement may be signed in counterparts by the Parties hereto. (d) The term and conditions of this Agreement shall run with the Property and extend to bind heirs, personal representatives, successors and assigns of Grantor and Grantee in accordance with the applicable rules of the American Arbitration Association. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Property is located. There shall be no discovery other than exchange of information which is provided to the arbitrator by the Parties. The arbitrator shall have authority only to award compensatory damages and shall not have authority to award punitive damages or other non- compensatory damages. The Parties hereby waive all rights to, and claims for monetary awards other than compensatory damages. 11 (e) This Agreement shall be construed in accordance with the laws of the state in which the Grantor's Property is located. (f) If any term of the Agreement is found to be void or invalid, such finding shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 31. Consideration. (a) Annual license fees in the following amounts to be paid in equal monthly installments: Year 1 2010 $17,500.00 Year 2 2011 $18,025.00 Year 3 2012 $18,565.00 Year 4 2013 $19,121.00 Year 5 2014 $19,694.00 32. Extended Terms. This Agreement and any license granted hereby shall automatically renew for three (3) additional five (5) year terms ("Extended Terms") upon the terms and conditions herein unless either Party notifies the other Party in writing of its intention not to renew this Agreement at least six (6) months prior to the expiration of the existing Term. The annual rental fees for the Extended Terms are as follows: First Extension: Year 6 2015 $20,284.00 Year 7 2016 $20,892.00 Year 8 2017 $21,518.00 Year 9 2018 $22,163.00 Year 10 2019 $22,827.00 Second Extension: Year 11 2020 $23,511.00 Year 12 2021 $24,216.00 Year 13 2022 $24,942.00 Year 14 2023 $25,690.00 Year 15 2024 $26,460.00 Third Extension: Year 16 2025 $27,254.00 Year 17 2026 $28,072.00 Year 18 2027 $28,914.00 Year 19 2028 $29,781.00 Year 20 2029 $30,674.00 12 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year written below. GRANTOR CITY OF EDEN PRAIRIE Date: , 2010 By: Its: Mayor By: Its: Manager Taxpayer ID #: 41-0855460 GRANTEE Date: , 2010 By: New Cingular Wireless PCs,LLC a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager Date: , 2010 By: Its: Taxpayer ID #: 84-1659970 13 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by and , 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 , 2010, by , the of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, the limited liability company named in the attached, on behalf of said limited liability company. Notary Public 14 LIST OF EXHIBITS Exhibit"A"—Legal Description of the Property Exhibit"B"—Approved Plans and Specifications Exhibit"C"—Conditions Precedent Exhibit"D"—Equipment List of Initial Installation Exhibit"E"—Technical Minimum Site Standards Exhibit"F"—Memorandum of Agreement 15 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Property Address 13708 Holly Road, Eden Prairie, MN 55346 Property I.D.# 03-116-22-31-0002 and 0003 Property Legal Description: SEE BELOW LEGAL DESCRIPTION OF PROPERTY: PARCEL A Outlot A and Outlot E, TANAGER CREEK, according to the recorded plat thereof Subject to easements, covenants, reservations and restrictions of record. AND PARCEL B That part of the Northeast Quarter of the Southwest Quarter and the West One-half of the Southeast Quarter of Section 3, Township 116 North, Range 22 West of the 5tn Principal Meridian, described as follows: Commencing at a point on the West line of the Northeast Quarter of the Southwest Quarter of Section 3, a distance of 16.5 feet North of the Southwest corner of said Northeast Quarter of the Southwest Quarter; thence on an assumed bearing of North along the West line thereof a distance of 1,289.25 feet, more or less, to the Northwest corner of the Northeast Quarter of the Southwest Quarter of Section 3; thence Southeasterly along a curve concave to the Southwest, having a radius of 573.68 feet, a central angle of 30 degrees, 14 minutes, 20 seconds, and a chord bearing of South 75 degrees, 35 minutes, 11 seconds East, an arc distance of 302.77 feet to a point of tangency; thence South 60 degrees 28 minutes 01 second East a distance of 471.05 feet to a point of tangential curve to the right; thence along said curve, having a radius of 479.73 feet and a central angle of 27 degrees 24 minutes 45 seconds, an arc distance of 229.52 feet to a point of tangency; thence South 33 degrees 03 minutes 16 seconds East a distance of 80.48 feet to a point of tangential curve to the left; thence along said curve, having a radius of 499.69 feet and central angle of 64 degrees 08 minutes 34 seconds, an arc distance of 559.40 feet to a point of tangency; thence North 82 degrees 48 minutes 10 seconds East a distance of 70 feet to a point of tangential curve to the right; thence along said curve, having a radius of 265.5 feet and a central angle of 54 degrees 30 minutes 44 seconds, an arc distance of 251.65 to a point of tangency; thence South 42 degrees 41 minutes 06 seconds East a distance of 45.74 feet more or less to the Northwesterly right-of-way line of County Road No. 60; thence Southwesterly along said right-of-way line to its intersection with a line drawn parallel with and 16.5 feet North of the South line of the Northeast Quarter of the Southwest Quarter of Section 3; thence westerly along said parallel line to the point of beginning, Hennepin County, Minnesota 16 EXHIBIT "B" APPROVED PLANS AND SPECIFICATIONS (TO BE PROVIDED BY GRANTEE) See 4 pages 17 EXHIBIT "C" CONDITIONS PRECEDENT 1. All permits from all local or federal land use jurisdictions for the intended use. 2. All local airspace authorities and FAA determination of no hazard to airspace. 3. FCC authorization to utilize this location for the intended use. 4. Grantee's technical reports must establish to its exclusive satisfaction that the Property is capable of being suitably engineered to accomplish Grantee's intended use of the Property. 5. Grantee's technical reports must establish to the Grantor's exclusive satisfaction that the installation will not interfere with other communication devices and systems presently in place. 18 EXHIBIT "D" EQUIPMENT LIST FOR INITIAL INSTALLATION (TO BE PROVIDED BY GRANTEE) • 20ft x 20ft Lease area • 75ft Stealth Pole • 2 rad centers for Panel Antennas, Coax MHA's, Diplexers,RET's and Like Equipment on Pole • Space inside lease area for Equipment, Platform, Utility Frame and Like Equipment 19 EXHIBIT "E" TECHNICAL MINIMUM SITE STANDARDS 1. All equipment must be housed in an RF tight, metal enclosure that provides at least 60 db of attenuation to any internal RF signals. Desk-top base stations and open racks cannot be used without special approval; additional shielding kits may be required. Desk-top base stations and open racks housed within an approved shelter are permitted 2. At least 60 db of isolation for 450 MHZ, 800 MHZ and 900 MHZ transmitters and 30 db of isolation for 150 MHZ and 40 MHZ transmitters must be provided; a harmonic filter must be provided on the transmitters between the antenna and any ferrite device used. Additional filtering and isolation may be required and will be considered on a case-by-case basis. 3. Maximum transmitter power allowed into the antenna feed line will be 110 watts per transmitter. (Higher power levels will be considered on a case-by-case basis; additional protective devices may be required.) 4. Only jacketed copper Heliax cable will be permitted for transmission line at the site. All on-site intercabling must use RG/9, RG/142, RG/214 or 1/2-inch Superflex. RG/8 or any other single-shielded cable will not be allowed. 5. Proposed transmitters that will cause second order, third order or fifth order inter- modulation products on existing receiver frequencies will not be permitted on the site. A receiver with the same frequency as an existing second order, third order or fifth order intermodulation product at the site will not be permitted on the site. 6. All transmitters shall be equipped with band-pass cavities that will provide at least the following attenuation of side band noise, if needed: 40 MHZ band: 50 db at 1 MHZ 150 MHZ band: 50 db at 1.5 MHZ 450 MHZ band: 50 db at 2.5 MHZ 800/900 MHZ band: 50 db at 10 MHZ Microwave & 2GC: 50 db at 20 MHZ 7. Each cabinet must be identified by the owner's name, address and FCC station license; it also must have the name and telephone number of the responsible service agency. 8. The Grantee shall provide Grantor with as-built drawings of Facilities at the site 20 EXHIBIT "F" MEMORANDUM OF AGREEMENT THIS MEMORANDUM evidences that an Agreement was made and is hereby entered into by written Communication Facilities License Agreement effective the day of , 2010 (the "Agreement"), between the City of Eden Prairie ("Grantor") whose address is as set forth below and New Cingular Wireless PCS, LLC, a Delaware limited liability company, ("Grantee"), whose address is set forth below, the terms and conditions of which are incorporated herein by reference. Such Agreement provides, in part, that Grantor, for valuable consideration, will lease to Grantee a part of that certain property owned by Grantor and described in Exhibit A attached hereto and incorporated herein for a term of five (5) years commencing on the earlier of the date that Grantee begins construction on the Property, or June 1, 2010, which term is subject to [three] (3) additional [five] (5) year option terms. IN WITNESS WHEREFOR, the parties have executed this Memorandum of Agreement this day of , 2010. GRANTOR: GRANTEE: City of Eden Prairie New Cingular Wireless PCS, LLC 8080 Mitchell Road 12555 Cingular Way, Suite 1300 Eden Prairie, MN 55344 Alpharetta, GA 30004 AT&T Mobility Corporation Its Manager By By Its Mayor Its and Its City Manager Subscribed and sworn to before me Subscribed and sworn to before me this_day of ,2010. this day of , 2010. Signature of Notary Signature of Notary Notary Public of Hennepin County Notary Public of My Commission expires My Commission expires 21 EXHIBIT A To Memorandum of Agreement LEGAL DESCRIPTION OF PROPERTY: PARCEL A Outlot A and Outlot E, TANAGER CREEK, according to the recorded plat thereof. Subject to easements, covenants, reservations and restrictions of record. AND PARCEL B That part of the Northeast Quarter of the Southwest Quarter and the West One-half of the Southeast Quarter of Section 3, Township 116 North, Range 22 West of the 5th Principal Meridian, described as follows: Commencing at a point on the West line of the Northeast Quarter of the Southwest Quarter of Section 3, a distance of 16.5 feet North of the Southwest corner of said Northeast Quarter of the Southwest Quarter; thence on an assumed bearing of North along the West line thereof a distance of 1,289.25 feet, more or less, to the Northwest corner of the Northeast Quarter of the Southwest Quarter of Section 3; thence Southeasterly along a curve concave to the Southwest, having a radius of 573.68 feet, a central angle of 30 degrees, 14 minutes, 20 seconds, and a chord bearing of South 75 degrees, 35 minutes, 11 seconds East, an arc distance of 302.77 feet to a point of tangency; thence South 60 degrees 28 minutes 01 second East a distance of 471.05 feet to a point of tangential curve to the right; thence along said curve, having a radius of 479.73 feet and a central angle of 27 degrees 24 minutes 45 seconds, an arc distance of 229.52 feet to a point of tangency; thence South 33 degrees 03 minutes 16 seconds East a distance of 80.48 feet to a point of tangential curve to the left; thence along said curve, having a radius of 499.69 feet and central angle of 64 degrees 08 minutes 34 seconds, an arc distance of 559.40 feet to a point of tangency; thence North 82 degrees 48 minutes 10 seconds East a distance of 70 feet to a point of tangential curve to the right; thence along said curve, having a radius of 265.5 feet and a central angle of 54 degrees 30 minutes 44 seconds, an arc distance of 251.65 to a point of tangency; thence South 42 degrees 41 minutes 06 seconds East a distance of 45.74 feet more or less to the Northwesterly right-of-way line of County Road No. 60; thence Southwesterly along said right-of-way line to its intersection with a line drawn parallel with and 16.5 feet North of the South line of the Northeast Quarter of the Southwest Quarter of Section 3; thence westerly along said parallel line to the point of beginning, Hennepin County, Minnesota CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 18, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Stuart Fox, Parks and Natural Award Bid for Trail Overlay Work to Resources Manager, Parks and Bituminous Roadways, Inc. Recreation Motion Move to: Award the bid for the overlay of the eight-foot wide bituminous bike trail along portions of Anderson Lake Pkwy, Homeward Hills Rd., and West 78th (Hwy. 5)to Bituminous Roadways, Inc in the amount of$81,732.45. Synopsis The City advertised for the overlay of the eight-foot wide bituminous trails along Anderson Lake Pkwy, Homeward Hills Rd., and West 78th(Hwy. 5). The plans and specifications were prepared for the bituminous overlay of 11,600 lineal feet of existing eight-foot wide trail and the installation of thirteen new pedestrian/handicap ramps at various roadway crossings. The City received sealed bids from six contractors. Background The scope of this project is to overlay several existing eight-foot wide bituminous bike trail segments whose surface is rough, severely degraded and in poor condition. In 2008, these three trail segments ranked as being in poor condition(PCI under 70) in a city wide trail and sidewalk assessment that was done by GoodPointe Technology. These trail sections cannot be renovated using the surface treatment of a rock chip seal coat however; rather than doing a complete trail rebuild, a bituminous overlay of the trails will provide a safe and useable trail for the next 20 years. New concrete ramps will be installed to provide proper ADA transition access from the trail to the road surface at intersections where ramps are currently absent. The funds for doing this trail reconstruction comes from the Capital Improvement Project funding in the Public Works Department for the reconstruction and new construction of trails and sidewalks along road right of ways throughout the City. Bid Summary and Recommendation The summary of the bids submitted is as follows: Bituminous Roadways, Inc. $81,732.45 Northwest Asphalt, Inc. $82,443.78 Midwest Asphalt,Inc. $86,605.00 Omann Bros. Blacktopping $88,079.15 Award Bid for Trail Overlay Work May 18, 2010 Page 2 Wm. Mueller& Sons, Inc. $101,586.94 Paragon Company $107,500.54 Staff estimate for this trail overlay project, based on 2009 bid/quote information, was $100,000. Each of the submitters met the guidelines as detailed in the bid specification document. Staff recommends the contract be awarded to Bituminous Roadways, Inc. The trail overlay project work will begin in early June with completion by July 9, 2010. City staff will be restoring the private property lawn areas. Attachments Trail Overlay Location Maps r l 1 / ( „.._. ____ _________,, s\ - 4' ' \ od ., ,t _ /41, ,,,\,,,, _ __-_, _ // GAKQtpt-N 1z t7// J* \ --- ---- - i - ) \ \ ,fr* i I \ 1 :- \ \\\ / it N. Yam, j/ N.N-N ;330.4 04411te l IN± ......... 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'' ,.44 I. VAL\ -\\ *047,0401% Jimespran nuiri--,40alin" , /01 _II --------e '...b __4 _.1'-'" 1 dr -----.,,___i VI Napo 4d�nt,IYciMS-C<pjrgltiCIL " ".21133 11 11101k m ''- \Te Ill W 76 /41 y c secnoN1 6NIesT� CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 18, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Stuart Fox, Parks and Natural Award Bid for Franlo Road Sidewalk Resources Manager, Parks and Construction to S.M. Hentges & Sons, Inc. Recreation Motion Move to: Award the contract for the construction of a five foot wide concrete sidewalk along Franlo Road to S.M. Hentges & Sons, Inc. in the amount of$52,231.50. Synopsis The City advertised for the construction of five foot wide concrete sidewalk along Franlo Road from Anderson Lakes Parkway to Mount Curve Road. Specifications for the work were prepared and the City received quotes from four contractors. The work includes replacing 2,100 lineal feet of existing six-foot wide blacktop trail with a five foot wide concrete sidewalk and the installation of four pedestrian/handicap ramps at various roadway crossings. Background The scope of this project is to replace the severely degraded six foot wide bituminous trail along the west side Franlo Road with a five-foot wide concrete sidewalk. In 2008, this trail segment was assigned a condition index of 58 (out of 100). This was the year that a city-wide trail and sidewalk assessment that was done by GoodPointe Technology. The 30 year old trail section cannot be repaired using a conventional surface treatment such as a rock chip seal coat. An overlay of the trail is not possible due to its substandard width of six feet which is too narrow for paving equipment. (The current minimum width for a bituminous trail is eight feet.) The only option is to replace the trail with a concrete sidewalk. This section would then match the existing concrete sidewalk along Franlo Road south of Mount Curve Road. The money for doing this sidewalk construction comes from the Capital Improvement Project funding in the Public Works Department for the reconstruction and new construction of trails and sidewalks along city road right of way. Bid Summary and Recommendation The summary of the bids submitted is as follows: S.M. Hentges & Sons., Inc. $52,231.50 Kamida, Inc. $53,463.75 Curb Masters, Inc. $55,591.00 Structure Contracting, LLC Bid not read—submitted on incorrect form Award Bid for Franlo Road Sidewalk Construction May 18, 2010 Page 2 Staff estimate for this sidewalk construction project, based on 2009 bid/quote information, was $75,000. Each of the submitters, accept for Structure Contracting, LLC met the guidelines as detailed in the bid specification document. Staff recommends the contract be awarded to S.M. Hentges & Sons., Inc. The sidewalk project work will begin in late-June with completion by July 23, 2010. City staff will be restoring the private property lawn areas. Attachments Sidewalk Location Map .42, a tkitf4ot .,,- -- di ifi 1!0•_.a rift/ lion riwro 0 cti.\\Tis 414 P 4,4Fg-- Mt ifi row ,„,..,,, jr: r 1 xo_ \ _ , oki• iirri &Mir v t iii r 4111" Ar.1111111110i4 riff iiiiiedittw CITY COUNCIL AGENDA DATE: May 18, 2010 SECTION: Public Hearings ITEM DESCRIPTION: DEPARTMENT/DIVISION: Certificate Of Appropriateness-Riley-Jacques ITEM NO.: IX.A. Community Development/Planning Farmstead Parking Space and Driveway Janet Jeremiah/Scott A. Kipp Alterations REQUESTED ACTION Move to: • Close the Public Hearing; and • Adopt the Findings and Approve Certificate of Appropriateness #2010-01-007 (Riley- Jacques Farmstead Parking Space and Driveway Alterations). SYNOPSIS The Heritage Preservation Commission (HPC) has reviewed plans and application for a Certificate of Appropriateness (COA) for the Riley-Jacques Farmstead located at 9100 Riley Lake Road. The COA application is for site alterations, which include the addition of a three space parking area located south of the house, adjacent to the existing driveway, and termination of the driveway access points that currently merge onto the park trail west of the house. Parking is needed to accommodate off driveway parking for tenants. Termination of the driveway access points to the trail will eliminate using the driveway and trail as a driveway loop. Findings The parking area plan and driveway alterations for the Riley-Jacques Farmstead were reviewed per City Code, Section 11.05, Subd. 5.C. The plan was found to meet General Preservation Standards and minimize adverse effects as follows: • limit parking to three spaces; • maintain original grades where possible; • installation of sod/grass seed over existing driveway at trail intersections to limit access to driveway; and • restore all areas affected by construction to original condition. Heritage Preservation Commission Permit Recommendation The HPC reviewed the Certificate of Appropriateness application at its regularly scheduled meeting on April 19, 2010. The Commission voted in favor(5-0). The HPC recommends that the City Council approve Certificate of Appropriateness No. 2010-01-007. BACKGROUND Current Condition Vehicle parking for the occupants of the Riley-Jacques house has been limited to the driveway, with no off-driveway parking available near the house. This condition has not been ideal for tenants or City alike. Locating a parking space near the house will provide convenient and safe parking for tenants. Past parking by tenants was commonly stacked on the driveway, which created a situation that often saw vehicles turning around on the lawn or driving on the park trail as a matter of convenience. The Parks Department has been hampered in the past by cars parked on the driveway when plowing snow. Moving the vehicles off the driveway will eliminate this inconvenience. Also of concern has been the use of the trail on the west side of the house as a driveway loop. Closing this access to vehicle use will alleviate safety concerns for the trail users. The lack of convenient parking also deters potential renters. This should be addressed to make the property appealing and safe. Historic Site Requirements The Riley-Jacques Farmstead was designated a Heritage Preservation Site on September 16, 1997. A Certificate of Appropriateness is required to make any change in, on, or to a designated Heritage Preservation Site. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff reviewed the parking and driveway alterations plan to ensure compliance with these standards. The City Council approves the Heritage Preservation Site Alteration Permit. ATTACHMENTS 1. Riley-Jacques Farmstead Parking and Driveway Alteration Plan 2. Certificate of Appropriateness 3. Staff Report 5-18-10 in 1 It Y.., r* Ili 4 4. - ca 4 4 E. C 9. .s13) II ?rewir.0„. ., w 4 41 41# , Ct Om . . M-7 ) r 4.Ili 41 : 41 CP , C4 \0 / w # 4 ‘51. -6 cY/ 1* # : 4 T 4 4 4 -0�► � 1rl 1 .113 CZ LL. i 1, . -. . )ii" ...•4:.. y ti, y: - 11.51.,27. - - . .. '0* t ' mji 14:114' i CC cri S s t } o +r _. .. • City of Eden Prairie Certificate of Appropriateness Property Location Permit#2010-01-007 Name: Riley-Jacques Farmstead Address: 9100 Riley-Lake Road SHPO Site Number: HE-EPC-007 Applicant Name: City of Eden Prairie Address: 8080 Mitchell Road Phone: 952-949-8300 Property Owner Name: Same Address: Same Phone: Same Contractor/Architect Performing Work Name: Same Address: Same Phone: Same Project Description Major/Minor: Major The City of Eden Prairie is applying for a COA to build a three-space parking area adjacent to the Riley-Jacques farmhouse for tenant use. The parking space will be built with minimal disturbance to original conditions with all work areas being restored to near original conditions. The driveway access points to the City's trail west of the house will also be terminated by installation of sod or grass seeding over existing driveway at trail merger points. APPLICANT Signature Date CITY OF EDEN PRAIRIE Signature Date IRA 1,/' To: Eden Prairie City Council From: Stuart Fox, Parks and Natural Resources Manager Through: Scott Kipp, Senior Planner EDEN Date: May 18, 2010 PRAI RI E LIVE•WORK•OREAM Subject: Riley-Jacques Farmstead Site Alteration Request Alteration Request The Parks and Recreation Department staff is requesting a Site Alteration Permit for the Riley- Jacques Farmstead to install a three car parking area on the southeast side of the current driveway. This permit request was reviewed by the Heritage Preservation Commission at their April 19, 2010 meeting and a received recommendation for implementation. Background The Parks and Recreation Department is responsible for the grounds maintenance of Riley Lake Park including the areas around the Riley-Jacques Homestead, the Dorenkemper House and the Riley Barn. Last year the long term tenant moved out of the house and the city is currently seeking a new tenant to lease the house. One of the issues that have been problematic is that the current driveway loops around the house and connects with the bike trail on the lake side of the house. In the past the renter would drive their vehicle up the driveway on the north side of the house, turn south on the pathway and then back east on the driveway and park. While this is not ideal, it wasn't a problem with only one person living in the house. Currently, we are advertizing for new renters and want to eliminate the conflicts of any and all personal vehicles driving on this bike trail. Our proposal is to construct a new three car parking area off the driveway on the southeast side of the house. The work would be done by city park maintenance workers. Rental Property Parking Issues Currently the house is surrounded by park property and access to the house is past the barn and granary building. Parking issues include: • There is not sufficient space to park more than one vehicle adjacent to the house without blocking the driveway • City parks department staff mow the lawn in the summer and plow the driveway in the winter. Without a defined parking area, winter snow removal will be an issue when any vehicles are parked on the driveway. • The current side slopes of the yard do not provide a natural flat area for parking vehicles. • The garage on the farmstead site is not included in the house rental. The renter(s) and their visitors must park on the current gravel driveway. • Parking in the "overflow" gravel parking area between the barn and house is deemed too far from the house and causes a parking conflict when activities/events are scheduled at the barn. 1 Scope of Work City staff is requesting a site alteration permit to do the four site alterations on the property as referenced by number on the map below: 1. Do minor site grading to correct the sharp "back turn"in the intersection of the existing south loop portion of the driveway. 2. Bring in clean fill to create a new three car parking area. The proposed areas of grading and fill are delineated on the attached plan. The driveway and three parking spaces would continue to be gravel surfaced. 3. The driveway interface with the city bike path would be removed and in filled with 20 feet of sod(turf). The grass area will be mowed in a manner consistent with the yard. 4. The remaining gravel driveway loop stubs would be left in place. - 41 .J t ` IIIIarat106 ` - + FBEl<5r .d tip 7 -& 43 Fri. 1Iiipissoi 4-1 k V1= Al 1 } 4______ . i 1: ell SpIt ii t - -c —. "#4 s *i 1 Pi i +.41114 F 4* r,' # i #3 J. 44 ►I;�# . A i p y r a *•i .) # i 7, %- f Ili f -gi • g li a .. 6 Ia mnOrth1F{eK{0Ia�saspca6 =iY Riley-Jacques Farmstead - Parking Plan 2 General Farmstead Site Photos Al t • 0 I. 1 . , L,eorttfe, f 0. - • • • ,• • , •" - ' • • House/Driveway viewed from east I I .1 1 I • --".."11111-01ftWv., I .---7-• . _ • _ , • • • • • • TA' :;1• 14.4; • Granary/barn view from driveway 3 r �1. LT Sharp "back turn" in existing driveway 4 CITY COUNCIL AGENDA DATE: May 18, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community William Hoag Rezoning Development/Planning Janet Jeremiah/Regina Herron Requested Action Move to: • Continue the public hearing to the June 15, 2010, City Council meeting. Synopsis The Planning Commission held a public hearing on April 26, 2010 to discuss a request from William Hoag to rezone .55 acres from Rural to R1-13.5 and a front yard setback variance in order to rebuild a house that had collapsed. The commission was comfortable with the rezoning, but needed more information on the variance. The commission continued the item until May 10. The commission did not have quorum on May 10, and the hearing was continued to May 24. Attachments 1. Staff Reports 2. Location Map 3. Land Use Map 4. Zoning Map 5. Aerial photo 6. Planning Commission Minutes STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II THROUGH: Michael D. Franzen, City Planner DATE: May 7, 2010 SUBJECT: William Hoag APPLICANT/ William Hoag OWNER: 120 DAY REVIEW: Expires September 3, 2010 LOCATION: 12005 Sunnybrook Road REQUEST: 1. Zoning District Change from Rural to R1-13.5 on .55 acres 2. Variance to permit a 12 foot front yard setback for the proposed attached garage and house. City Code requires a front yard setback equal to or greater than the average of the principle structures on either side or 134 feet. 1 BACKGROUND On Monday, April 26, 2010, the Planning Commission voted 6-0 to continue the rezoning and variance request to the Monday, May 10, 2010 Planning Commission meeting. The Planning Commission gave the following direction to the owner: 1. Locate the house and garage on the survey. 2. Talk with Xcel Energy to determine if a garage would be permitted within the power line easement. The plan has been revised showing the proposed garage 35 feet from the front property line. A portion of the proposed garage is within the Xcel power line easement. Xcel is still in the process of reviewing the request to locate a garage within the power line easement. Alternatives 1. Build the house and garage according to the owners revised plan stamp dated May 6, 2010. This plan shows the garage at a 35 foot front yard setback, and within the Xcel power line easement. The owner shall provide written approval from Xcel to build in this location. If Xcel denies the request, the owner shall provide staff a revised plan that conforms to the 35 foot setback before a building permit is issued. 2. Build a detached garage, according to Attachment B. This plan keeps the existing foundation for the house. The front yard setback would be 36.4 feet from the front property line. STAFF RECOMMENDATION Rezoning from Rural to R1-13.5 Recommend approval of the following request: 1. Zoning District Change from Rural to R1-13.5 on .55 acres This is based on plans stamp dated April 7, 2010 and the Staff Report dated April 23, 2010. Variance Alternatives 1. Approve Final Order 2010-03. 2. Approve Final Order 2010-03 with modifications. 3. Continue Final Order 2010-03 if additional information is needed. 4. Deny Final Order 2010-03 2 STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II THROUGH: Michael D. Franzen, City Planner DATE: April 23, 2010 SUBJECT: William Hoag APPLICANT/ William Hoag OWNER: 120 DAY REVIEW: Expires September 3, 2010 LOCATION: 12005 Sunnybrook Road REQUEST: 1. Zoning District Change from Rural to R1-13.5 on .55 acres 2. Variance to permit a 12 foot front yard setback for the proposed attached garage. City Code requires a front yard setback equal to or greater than the average of the principle structures on either side or 134 feet. 1 BACKGROUND In early 2010 the owner's house collapsed. The owner proposes to rebuild the house using the existing foundation, remove the one car garage, and build an attached 2-car garage. The proposed rebuilding of the house and garage does not meet the front and side yard setbacks for the Rural Zoning District. The lot is non-conforming since it does not meet the 10-acre minimum lot size. Any proposed structure on the lot would require multiple setback variances in the Rural Zoning District. GUIDE PLAN AND ZONING The Comprehensive Guide Plan shows this site as Low Density Residential for up to 2.5 units per acre. Surrounding sites are guided Low Density, Public, and Park/Open Space. The site is zoned Rural. Surrounding zoning is Rural, R1-13.5 and Public. Rezoning to R1-13.5 is appropriate for the following reasons: 1. The rezoning is consistent with City policy to eliminate non-conforming lots. 2. The rezoning to R1-13.5 is consistent with the surrounding zoning. 3. The rezoning is consistent with the guide plan. The site and the surrounding area is guided low density residential. PROPOSED ZONING The proposed lot size, lot dimensions and street frontage conform to the R1-13.5 zoning district requirements. UTILITIES City sewer and water is available to the property. VARIANCE The standard front yard setback requirement for the R1-13.5 Zoning District is 30 feet. However, when 40% or more of a block is developed, the required setback shall be equal to or greater than the average setback of the principle structure on either side. The required setback in this case is determined measuring the closest distance from the principle structures at 11985 Sunnybrook Road and 12101 Sunnybrook Road to the front property line and dividing by two. The average setback is approximately 134 feet. The lot depth is 154.77 feet. Applying the average setback and rear yard setback requirement would make it impossible to build a house without granting front and/or rear yard setback variances. The existing front setback 25.1 feet as measured to the existing attached garage. The house is 36.4 feet from the front property line. The plan shows rebuilding the home on 2 the existing foundation, removing the existing garage, and adding a two car garage at 12 feet from the front property line. The plan meets the side yard and rear yard setback requirements of the R1-13.5 Zoning District. The variance request is based on the requirements of the R1-13.5 zoning district. Since the property is zoned rural, the variance if approved by the Planning Commission will not become effective until the City Council adopts an ordinance rezoning the property from Rural to R1-13.5. Undue hardship Undue hardship is a legal standard established by statute that cities must apply when considering applications for variances. It is a three factor test and applies to all variances. To constitute a hardship all three factors of the test must be satisfied. Reasonable use of the property The first factor is that the property cannot be put to a reasonable use without the variance. This means that a landowner would like to use the property in a particular way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use without the variance. It is reasonable to have a home with a two car garage on a lot in a single family zoning district. Unique circumstances The second factor is a unique circumstance, meaning the problem is due to circumstances unique to the property not caused by the current land owner. Based on the depth of the lot and the average setback requirement it is impossible to build a house without granting either a front or rear yard setback variance. The west half of the property is has an overhead power line easement which reduces the available land area for building a house and garage. Neighborhood character The third factor is the granting of the variance should not alter the character of the neighborhood. Under this factor consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. The surrounding area is a mix of new and older subdivisions with varying setbacks, a park, and a fire station. Alternatives 1. Build the house and garage according to Attachment A. This plan shows a home and garage meeting the 30 foot front yard setback. This plan would require a new 3 foundation. 2. Build a detached garage, according to Attachment B. This plan keeps the existing foundation for the house. The front yard setback would be 36.4 feet from the front property line. STAFF RECOMMENDATION Rezoning from Rural to R1-13.5 Recommend approval of the following request: 1. Zoning District Change from Rural to R 1-13.5 on .55 acres This is based on plans stamp dated April 7, 2010 and the Staff Report dated April 23, 2010. Variance Alternatives 1. Approve Final Order 2010-03. 2. Approve Final Order 2010-03 with modifications. 3. Continue Final Order 2010-03 if additional information is needed. 4. Deny Final Order 2010-03 4 Area Location Map - William R. Hoag Address: 12005 Sunnybrook Road, Eden Prairie, MN 55347 S Nip P ly//// BISHOP .T / W / tiZ / / O Q I 0 S NYBROOK RD II J I 0 J 2 0 0 O 2 1 / \ F �TFRS w-0 No Sc. e Guide Plan Map William Hoag 12005 Sunnybrook Road, Eden Prairie, MN #4Lj---844.imm' iiii 1 W , Irf //// IL\ / Dartmouth Ave. ' Sunnybrook Road I I ill ll )/ r //// ' Irr I Homeward Hills Road 1 i,...., A si.-- i \ of Eden Prairie , arid Use uide . - ! - - ' 00-2020 N Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Streams 1 A '22 Low Density/Public/Open Space Community Commercial Principal Arterial MI Medium Density residential 2.5-10 Units/Acre - Regional Commercial -A Minor Arterial —B Minor Arterial ' + '' V/Z Medium Density Residential/Office - Park/Open Space DATE Approved DATE Revised 3-0-07 Major Collector DATE Revised 11-07-05 DATE Revised 03-01-07 EDEN - High Density Residential 10-40 Units/Acre J Public/Quasi-Public DATE Revised 02-03-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 02-23-06 DATE Revised 10-01-07 Office Golf Course DATE Revised 06 23-06 DATE Revised 03-01-08 DATE Revised 03-01-09 //A Office/Industrial Q Church/Cemetary PRAIRIE V//� Office/Public/Open Space Open Water - »e�....q............mm...,®....,.,..r.,..� u....u.®..m7...emi;+..o® LIVE•WORK•QA EAM Industrial Right-Of-Way 0.25 0.125 0 I Miles Zoning Map Location William Hoag 12005 Sunnybrook Road, Eden Prairie MN Homeward Hills Road l / ''- _ MI r Dartmouth Ave. -- 1 _ - SITE Sunnybrook Road /1111W ::: \ .. IIF \ I8 , \ \ '-',. - ‘6..91400 011111' dlIl ,' -.. — ,...Awapp Homeward Hills Road / ' Iiiill 4'4047 *tar* lift„ 16 City of Eden P i a • Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I-I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. I— I TC-MU I GD I General Development Waters(Creeks Only) '', , +. ,! R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, I= 100- Year Floodplain DERM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5Acre Min. EN Up dated through approved Ordinances#26-2008 - RM-2.5 Multi-Family-17.4 U.P.A.max. IV General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case or discrepancy related to a zoNng classification on this ioNng map,the ordinance and attached legal description on file at Eden Praise City Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.1 0.2 - Regional Service Commercial .wa ,op....,��o..,...,tip.. Miles o..o.a., ..._..1..m ,..,,m„ Aerial View William Hoag 12005 Sunnybrook Road, Eden Prairie, MN #*0 W • F Dartmouth Ave j441 ' A ilr r i JIlarlie A •' .1 �a A. ,\ ,f . Sunnybrook Road , itioy ■ '11SITE 111 s. I Homeward Hills Road -. 7-.T riar ,-,. Pax Christi •hurch +' =1 T, /. . (•, - i 0 _ +,4 r 4 y Nli i 0 le 7-,----- . * iii t,k, u*. .. • , ;/*-- . It , * *,.w ' • doh it . . �. r ....", / ., it- 14„ r-:' i .„,. ((t r UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 26, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, 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: Lechelt. II. APPROVAL OF AGENDA Franzen said there should be one amendment to the agenda. There will be the swearing in of Planning Commission Member Kevin Schultz. MOTION by Kirk, seconded by Pitzrick, to approve the agenda as amended. Motion carried 6-0. VII. PUBLIC HEARINGS A. William Hoag Rezoning and Variance by William Hoag Location: 12005 Sunnybrook Road Request: • Zoning District Change from Rural to R1-13.5 on 0.55 acres • To permit a 12 foot front yard setback for the proposed attached garage. City Code requires a front yard setback equal to or greater than the average of the principle structures on either side or 134'. William Hoag presented this variance request. He is the owner of the property but does not reside at this location. He and his wife initially purchased the home with the intent to sell it to his niece, but that scenario did not work out. Now they would like to remodel the house to either rent it or sell it. Mr. Hoag stated in order to do this they need to rezone the property. By doing this it would open up different options to the property. Mr. Hoag also pointed out this winter the snow collapsed the house on the property so their intent now is to better the property. Stoltz asked Franzen to review the staff report. Franzen stated there are two actions to be discussed tonight. The rezoning of the property; which he felt was consistent with the guide plan and surrounding area and the variance request, met the three part test for hardship. There are three options listed in the staff report for building location and staff is comfortable with any choice. Stoltz opened the meeting up for public input. There was no input. Pitzrick asked Mr. Hoag, based on the garage being positioned on the northeast side, did they consider moving it and the driveway to the southwest corner, due to the power line in the area. Mr. Hoag stated because of the grade, it would be a lot of work to build the driveway up. He would prefer to have it in the front of the house and put a garden in the back of the house. Mr. Hoag showed a diagram of the house and power line easement and showed the garage only sticking out 10 feet from the house. Mr. Hoag pointed out this was different from the drawings that were supplied to the Commission Members. Pitzrick asked if it would be a two car garage. Mr. Hoag stated it would be a two car garage with the dimensions being 24' by 24'. Stoltz asked that if the drawing was inaccurate, would the numbers also be inaccurate, and if so, the Commission should hold off on this request until they receive the correct numbers. Mr. Hoag said he was not originally applying for a variance but rather rezoning to start the process, otherwise he would have been more accurate. Stoltz asked how tight the project proponent's time line would be. Mr. Hoag said the property is unsightly right now and he would like to move on it as soon as possible, but it would be at least 60 days out for the building permit. He stated he would rather have rezoning decided on tonight and table the variance. Schultz said he is fine with voting on the rezoning and having the project proponent come back for the variance. Stoltz asked Franzen if he would suggest a continuance. Franzen approval of the rezoning alone would not allow the city to issue a permit since the proposed garage did not conform to the average setback. What could be done is schedule the rezoning for the City Council on May 18th, and continue the discussion on the rezoning and variance until May l Otn Mr. Hoag asked Schultz to explain what a continuance would mean. Schultz stated with this continuance, Mr. Hoag would be able to talk to Xcel about putting a garage in the power line easement and for you to tell the surveyor exactly where you want to place the home and garage on the survey. Mr. Hoag said he would be alright with the continuance. MOTION by Kirk, seconded by Schultz, to recommend a continuance to the May 10, 2010 meeting. Motion carried 6-0. CITY COUNCIL AGENDA DATE: May 18, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Development/Planning Code Amendment- Sections 5,9, 11 Janet Jeremiah, Regina Herron Recycling Requested Action Move to: • Close the Public Hearing; and • Approve First Reading of the Ordinance Amending City Code Chapter 5, Section 5.36, Chapter 9, Section 9.01 and Chapter 11, Section 11.03. Synopsis 1. Chapter 5, Section 5.36-licensing of collectors of solid,recyclable and/or yard waste. • The proposed change would require the Licensee (recycling service)to provide a quarterly written report. This is currently required for the Licensee providing services to single family and multifamily households. 2. Chapter 9, Section 9.01 -storage, deposit and collection of refuse,yard waste, recyclable waste and solid waste. • List the zoning districts in which owners, associations, and other management entities would make available to tenants the collection of recyclable wastes. These zoning districts are OFC, I-2, I-5, I-Gen, C-Reg, C-Reg-Ser, C-Comm,N-Comm, C-Hwy, and TC. • Provide recycling information for tenants. • Provide containers to tenants. 3. Chapter 11, Section 11.03 establishment of district, special requirements and performance standards. • Plans will be required to show the location of trash and recycling enclosures. The enclosures would be required to meet architectural standards and setbacks. For the last 20 years,by development agreement,the City has required that development plans (330 properties) show the location of trash and recycling enclosures for screening purposes. Background In July 2009 the Conservation Commission began discussions about amending the City Code for recycling in commercial, office and industrial areas. Currently recycling services are available for single family and multiple family areas. At the December 11, 2009, Planning Commission meeting, staff presented an outline of the proposed changes to Chapters 5, 9,and 11 relating to recycling. The Planning Commission directed staff to work with the City Attorney to prepare a draft ordinance. On March 9, 2010 Staff presented the draft ordinance to the Conservation Commission. The Conservation Commission voted 5-0 and recommended to move the proposed code amendment to the Planning Commission. On March 16, 2010 Staff presented the proposed code amendment to the Chamber of Commerce Government Committee. The committee was pleased that the proposed code amendment would apply to new construction only. On The Planning Commission voted 6-0 to recommend approval of the code amendment at the April 26, 2010 meeting. Attachments 1. Ordinance 5-18-10 2. Recycling Changes 5, 9, 11 3. Staff Report 12-11-09 4. Staff Report 4-23-10 5. Planning Commission Minutes 12-14-09 6. Planning Commission Minutes 4-26-10 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.36 REGARDING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 REGARDING STORAGE, DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE, RECYCLABLE WASTE AND SOLID WASTE; AMENDING CITY CODE CHAPTER 11, SECTION 11.03 REGARDING ESTABLISHMENT OF DISTRICT, SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99, 9.99 AND 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. Code Chapter 5, Section 5.36 Subd. 6.F. is amended by inserting as a new subparagraph 4 "4. Number of Commercial Establishments with recycling service." Section 2. Code Chapter 5, Section 5.36 Subd. 6.F.4. is renumbered to Subd. 6.F.5. Section 3. Code Chapter 5, Section 5.36, Subd. 6. J. is amended by inserting the words "and Commercial Establishments" after the word"Residential". Section 4. Code Chapter 9, Section 9.01 Subd. 4. is amended by changing the title to "Recyclable Waste Collection—Multiple Family". Section 5. Code Chapter 9, Section 9.01 is amended by inserting a new Subd. 5 asfollows and by renumbering existing subdivisions 5, 6, 7, 8 and 9 as 6, 7, 8, 9, and 10 accordingly. : Subd. 5. Recyclable Waste Collection-- OFC, I-2, I-5, I-Gen, C-Com, N-Com, C- Reg, C-Reg-Ser, C-Hwy, TC. This Subdivision is applicable to all properties which have been issued a building permit for new construction after the effective date of the ordinance. Owners, Associations or other management entities for properties located within the OFC, I-2, 1-5, I-Gen, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC zoning districts shall provide to all occupants services for the Collection of Recyclable Waste which accumulates on the premises in accordance with the following provisions: A. Schedule. Collection services must be available on the premises and must be provided on a regularly-scheduled basis. The Owner, Association or management entity may provide the Collection services or may utilize a person licensed pursuant to City Code Section 5.36. B. Recycling Information Required. The Owner, Association or management entity of all properties zoned OFC, I-2, I-5, I-Gen, C-Com, N-Com, C-Reg, C- Reg-Ser, C-Hwy, TC shall provide notice to the occupants of each unit which provides information on the availability of Collection services, clearly describes and lists the procedures required to prepare the Recyclable Waste for Collection, and identifies the dates and times of Collection. C. Container Requirements. The Owner, Association or management entity of all properties zoned OFC, I-2, I-5, I-Gen, C-Com, N-Corn, C-Reg, C-Reg-Ser, C- Hwy, TC shall provide containers for the Collection of Recyclable Waste and shall maintain the containers in a clean and sanitary condition. The containers shall be sufficient in number and size to meet the demands for recycling services created by the owners or tenants. The Owner, Association or management entity shall replace stolen or broken containers and purchase additional containers as needed. Containers shall be placed in a location on the premises which permits access for Collection purposes but which does not obstruct pedestrian or vehicular traffic and must comply with City Code Section 11.03, Subd. 3, L. D. Transportation and Disposal. Upon Collection Recyclable Wastes shall be delivered to a recyclable material processing center, an end market for sale or reuse, or to an intermediate Collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of Recyclable Waste in a solid waste disposal facility. Recyclable Wastes must be transported in a covered vehicle so that the recyclables do not drop or blow onto any public or private property during transport. Section 6. Code Chapter 11, Section 11.03, Subd. 3 is amended by inserting a new subparagraph M, which follows M. Trash and Recycling. Implementation of a trash enclosure plan shall be required prior to issuance of any occupancy permit for a property located in zoning districts OFC, I-2, I-5, I-Gen, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, and TC. This Section 11.03 Subd. 3, M is applicable to applicable to all properties which have been issued a building permit for new construction after the effective date of the ordinance. Source: Ordinance No Effective Date: 1. Trash and Recycling Enclosure: All recyclable waste shall be kept within a completely enclosed building or within a trash enclosure constructed with face brick or natural stone to match the building with solid wood or metal gates that completely screen the interior of the enclosure. 2. Trash and Recycling Location: All trash, trash receptacles and recycling bins shall meet the setbacks for the underlying zoning district. Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation" and Sections 5.99, 9.99 and 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of May, 2010, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2010. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of , 2010. Chapter 5 SECTION 5.36. LICENSING OF COLLECTORS OF SOLID,RECYCLABLE AND/OR YARD WASTE. Source: Ordinance No. 12-2007 Effective Date: 06-01-2007 Previous: Ordinance No. 30-2004 Effective Date: 12-02-04 Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the present practice of disposing of solid waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental both in the short-range and long-range to the environment in that it causes pollution and contamination of underground and surface waters,the air and natural flora and fauna, it is harmful to the health and safety of persons and property because of the generation of noxious and dangerous odors and gases, including methane gas, the contamination of waters and air, and the blowing of airborne particles and contaminants causes social and/or economic harm to persons and property who reside,or which is,in proximity to landfills and should be done only in the absence of reasonably available alternatives. In an effort to ameliorate and eliminate so far as possible the social, economic and physical harm caused by the disposal of solid waste in landfills, the Council of the City hereby adopts the following provisions relating to the collection of solid waste,recyclable waste and yard waste separated at its source. Subd. 2. Definitions. The following terms,as used in this Section,shall have the following meanings: A. Aluminum Recyclables — Aluminum recyclables means disposable containers fabricated primarily of aluminum,commonly used for beverages. B. Association—Association means all organizations of residential dwelling owners formed for the purpose of joint management of property or services. C. Can Recyclables—Can recyclables means disposable containers fabricated primarily of metal or tin. D. Collection — Collection means the aggregation of Solid Waste or Recyclable Wastes from the place at which it is generated and includes all activities up to the time when the material is delivered to the final disposal site. E. Commercial Establishment-Any premises where commercial or industrial enterprise of any kind is carried on and shall include restaurants,clubs,churches,and schools where food is prepared or served. F. Corrugated Cardboard—Corrugated cardboard means heavy paper or cardboard material with double wall construction and corrugated separation between walls for use in packing or boxing materials. G. Disposal Facility - Disposal facility means a waste facility permitted by the Minnesota Pollution Control Agency("MPCA")that is designed or operated for the purpose of disposing of solid waste. H. Glass Recyclables — Glass recyclables means jars, bottles, and containers which are primarily used for packing and bottling of food and beverages. I. Geographic Service Area - Geographic service area means that area incorporated within the boundaries of the City. J. Licensee -Licensee means a person licensed to collect and transport solid,recyclable and/or yard waste or roll off containers as provided in this Section. K. Multiple Family Dwelling — Multiple Family Dwelling means attached dwelling units and accessory structures containing two(2)or more dwelling units. L. Paper Recyclables, Paper recyclables means newsprint, advertising supplements, office paper, magazines, catalogs,mixed paper and other uncoated paper products such as boxboard. M. Plastic Recyclables—Plastic recyclables means disposable bottles with a neck that are used for bottling of various matter and are fabricated from plastic, excluding bottles that previously contained hazardous materials or motor oil. N. Recyclable Waste - Recyclable waste means those components of solid waste consisting of aluminum recyclables, can recyclables, corrugated cardboard, glass recyclables,paper recyclables,plastic recyclables, organics, and other materials required to be recycled in compliance with City Ordinances, County Ordinances and Regulations,and State Statutes and Rules, each of which has been separated by a customer into a container or containers which have been designated for recyclable waste. O. Residential Customer - Residential customer means a person or persons who is or are customers of a Licensee and reside in a Single Family Dwelling or Multiple Family Dwelling which is used for residential purposes by one or more people,not including hotels,motels,rest homes,hospitals,or nursing homes. P. Roll Off Containers — Roll off containers means detachable receptacles, containers, dumpsters, bins or boxes designed for collection of construction, demolition, renovation, scrap, recycling, liquid, solid waste or yard waste materials or debris. Q. Single Family Dwelling — Single family, detached dwelling and accessory structures designed for or containing one dwelling unit. R. Solid Waste - Solid waste means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from residential, industrial, commercial, mining„ agricultural operations,and community activities,but does not include hazardous waste;animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act,as amended,dissolved materials in irrigation return flows; or source,special nuclear, or by-product material as defined by The Atomic Energy Act of 1954,as amended. S. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care activities such as mowing,trimming,gardening or raking consisting of grass clippings,twigs,tree and brush clippings,straw, pine needles,tree branches,soft vegetative garden waste and leaves. Subd. 3. License Required. It is unlawful for any person to collect solid, recyclable and/or yard waste from any person,or transport the same,without a license therefore from the City. Subd. 4. Exception. Nothing in this Section shall prevent a person from collecting or transporting solid, recyclable and/or yard waste from the person's own residence or place of business provided the collection and transportation of the solid, recyclable and/or yard waste is conducted in accordance with Minnesota Rules Chapter 7035.0800. All solid,recyclable and/or yard waste shall be dumped or unloaded only at a disposal facility licensed by the Minnesota Pollution Control Agency. Subd. 5. The following are conditions applicable to each Licensee for a license for the collection of solid, recyclable and/or yard waste: A. Each Licensee is authorized to collect solid, recyclable and/or yard waste within the geographical service area. The Council has by resolution divided the geographical service area into districts and established the days on which residential solid waste and recyclable collection may occur within each district. The districts so established and the days on which collection may occur within each district may from time to time be amended by the Council by resolution. No Licensee or any other person shall collect solid, recyclable and/or yard waste from residential customers on any day other than the day specified for collection in the district except to collect roll-off containers, missed pickups, a special pickup or when a holiday falls on a district collection day. B. Each Licensee shall use vehicles or roll off containers for the collection and transportation of solid, recyclable and/or yard waste in good operating condition, of such design and so equipped so as to prevent loss in transit of liquid or solid cargo. The vehicles shall be kept clean and free from offensive odors and shall not be stopped or parked longer than reasonably necessary to collect solid, recyclable and/or yard waste. C. No Licensee shall operate a vehicle on any city street which exceeds eight(8)tons per axle weight. D. No Licensee shall operate in a residential district after 8:30 o'clock P.M.or before 7:00 o'clock A.M.of any day,and shall not operate in a residential district on Sunday. E. Each Licensee shall exhibit evidence of the license in a prominent position on each vehicle and roll-off container used in the collection or transportation of solid,recyclable and/or yard waste. F. Each Licensee shall be solely responsible for the provision, at its expense, of all personnel and equipment necessary to collect and transport all solid, recyclable and/or yard waste for which a license is granted by the City for delivery and disposal in accordance with the City Code and such regulations as the City may from time to time establish. G. Each Licensee shall take all precautions necessary to protect the public against injury and shall defend, indemnify and save the City harmless from and against all liabilities, losses, damages and claims of damages (including all reasonable costs, attorneys' fees, and other expenses incident thereto) suffered or incurred by the City that may arise by reason of any act or omission on the part of the Licensee, its agents, or independent contractors, while engaged in the collection and transportation of solid, recyclable and/or yard waste. Each Licensee shall also defend, indemnify and save the City harmless from and against any and all claims,liens and claims for labor performed or material furnished incident to the said collection and transportation by Licensee including claims for material or services furnished or subcontracted for by it. Each Licensee shall also defend, indemnify, and save the City harmless from and against all liabilities, losses,damages,costs and expenses(including attorneys'fees and expenses of City),causes of action,suits, claims, demands and judgments of any nature arising from violation of any representation, agreement, warranty, covenant or condition made by Licensee or imposed upon Licensee by Section 5.36 of the City Code. H. Each Licensee shall obtain and furnish to City evidence of all insurance required under this subdivision, covering all vehicles to be used and all operations to be performed by Licensee in collecting and transporting solid, recyclable and/or yard waste. Each policy of insurance required under this subdivision shall name the City as an additional insured. 1. Existence of the insurance required herein shall be established by furnishing certificates of insurance issued by insurers duly licensed to do business within the State of Minnesota in force on the date of commencement of the license period, and continuing for a policy period of at least one (1)year and providing the following coverages: a. Public liability insurance, including general liability, automobile liability, completed operations liability,and loading and unloading liability in the following amounts. b. Bodily injury liability in the amount of at least $100,000 for injury or death of any one person in any one occurrence. c. Bodily injury liability in the amount of at least $300,000 for injuries or death arising out of any one occurrence. d. Property damage liability in the amount of at least$50,000 for any one occurrence. 2. Such general liability and automobile liability insurance policy or policies shall provide contractual liability insurance, specifically referring to and covering the obligation of Licensee to defend, indemnify and save harmless the City, its officials, agents and employees from alleged claims or causes of action for bodily injury or property damage as provided in Section 5.36 hereof. 3. Said general liability and automobile liability policy or policies shall contain an endorsement as follows: The policy to which this endorsement is attached is intended to comply with and furnish the coverages required by Section 5.36 of the City Code of the City of Eden Prairie. If anything in any other attachment,endorsement or rider conflicts with the provisions of said Section 5.36,then the provisions of said Section 5.36 shall prevail. Any deductible amount provided for in any part of the policy will be paid by the insurer upon establishment of legal liability of any insured, and the insurer shall be entitled to reimbursement from the insured for such deductible amount. 4. Said policies of insurance shall be furnished by a Licensee to City for examination and approval prior to the effectiveness of any license issued to a Licensee together with a certificate or certificates executed by an authorized representative of the insurer, certifying to the insurance coverage herein required, and stipulating that the policy will not be canceled nor any material change effected without first giving thirty(30)days written notice to City. After examination and approval of said policies by City, they may be returned to the Licensee, but the certificates of insurance shall be retained by City. Upon request by City,Licensee shall promptly furnish to City for examination at any time all contracts of insurance required herein. Each Licensee shall, on each anniversary date of the license, furnish City with evidence satisfactory to the City of the insurance required hereunder. Each Licensee shall at all times operate its business of collecting, transporting and disposing of solid, recyclable and/or yard waste in compliance with all local, state, and federal laws. Each Licensee shall obtain and maintain all licenses, permits, or other authority required by each county in which it operates, the Minnesota Pollution Control Agency and any other governmental agency having jurisdiction over its activities. J. Each Licensee shall impose charges for the collection of solid waste that increase with the volume or weight of the solid waste collected. Subd. 6. In addition to the conditions imposed upon Licensees set forth in Subd. 5 hereof the following are conditions applicable to each Licensee for a license for the collection of solid, recyclable and/or yard waste from customers effective August 1, 1989. Each such Licensee shall: A. Collect or provide for the collection from each customer of the Licensee of recyclable waste no less frequently than on a bi-weekly basis and solid waste no less frequently than on a weekly basis on the same day or days that the Licensee collects other forms of solid waste from such customer as described in Subd. 5(A). B. Not deliver to, dump, or dispose of recyclable waste which has been placed in a container designated for recyclable waste on or in a disposal facility. C. Provide for and collect yard waste from each residential customer of the Licensee at least as frequently and on such day or days as it shall collect other forms of solid waste from such residential customer between May and October. D. A Licensee shall not deliver to,dump or dispose of yard waste on or in a Disposal Facility. E. Make available for sale and sell at a reasonable cost to the Licensee's customers, containers for recyclable waste approved by the City. F. The Licensee shall provide to the City a quarterly written report that includes the following information. 1. The amount,by weight or volume,of each of the following materials collected during the preceding month from all of the residential customers of the Licensee in the City: a. Aluminum Recyclables b. Can Recyclables c. Corrugated Cardboard d. Glass Recyclables e. Paper Recyclables £ Plastic Recyclables g. All other recyclable waste h. Yard Waste i. All other Solid Waste 2. Number of Single Family Households with curbside recycling service. 3. Number of Multi-Family Households with curbside recycling service. 4. Number of Commercial Establishments with recycling service. 5. The costs incurred by the Licensee in providing the services for the collection of recyclable waste and yard waste required by this Section. G. Retain all documents evidencing the amount of the materials collected and/or received by the Licensee from the facility or facilities at which the materials have been disposed for a period of at least five (5) years. These documents shall be available for inspection by representatives of the City at all reasonable times within the County of Hennepin or a contiguous county. H, Not impose a greater charge for the collection of solid waste upon customers who recycle than upon customers who do not recycle solid waste or any part thereof. I. Collect or provide for the collection of recyclable waste from each commercial or business customer on request. The recycling container must be accommodated within an existing or expanded enclosure for solid waste. J. Collect or provide for the collection of at a minimum the following materials from all Residential and Commercial Establishments who have curbside pickup of Recyclable Waste: 1. Aluminum Recyclables 2. Can Recyclables 3. Corrugated Cardboard 4. Glass Recyclables 5. Paper Recyclables 6. Plastic Recyclables Subd. 7. Exceptions. City Code Section 5.36 is applicable to Roll Off Licensees except as follows: 5.36, Subd. 6(C)and 6(E). City Code Section 5.36 Subd. 6(A)is applicable to Roll Off Licensees unless the Roll Off Container is used for collection of construction,demolition or renovation materials. Subd. 8. Obstructions. Pursuant to Section 6.06, roll-off containers shall not be placed within the street or other public property. Subd. 9. Penalty. Failure to perform, meet or comply with any condition or obligation imposed upon a Licensee by the City Code shall constitute a sufficient ground to withhold issuance, suspend, or revoke the license of a Licensee. Subd. 10. Relationship of the Parties. The City shall have no responsibility or obligation whatsoever with respect to the collecting,transporting or disposal of solid,recyclable and/or yard waste,or payment for such services to any person, and nothing in this Section shall be deemed to constitute a Licensee a partner, joint venturer, agent or representative of the City or to create the relationship of employer-employee. CHAPTER 9 PUBLIC PROTECTION,CRIMES AND OFFENSES SECTION 9.01.STORAGE,DEPOSIT AND COLLECTION OF REFUSE,YARD WASTE,RECYCLABLE WASTE AND SOLID WASTE Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the practice of disposing of Recyclable Waste in land disposal facilities commonly referred to as landfills is unacceptable because such disposal is detrimental to the long-term capacity of public and private landfills and is detrimental to the environment in that it causes pollution and contamination of underground and surface waters,air and natural flora and fauna; is harmful to the health and safety of persons and property because it generates noxious and dangerous odors and gases,including methane gas and; blowing of airborne particles and contaminants causes social and/or economic harm to persons who reside, and property which is, in proximity to landfills and should be done only in the absence of reasonably- available alternatives. In an effort to extend the life of landfill capacity as well as to ameliorate the social,economic and physical harm cased by the disposal of Recyclable Waste in landfills, the Council of the City herby adopts the following provisions relating to Recyclable Waste. Subd.2. Definitions. For purposes of this subsection,the following terms have the meanings indicated: A. Association— Association means all cooperative organizations of residential dwelling owners formed for the purpose of joint management of property or services. B. Collection — Collection means the aggregation of Solid Waste or Recyclable Wastes from the place at which it is generated and includes all activities up to the time when the material is delivered to the facility designated by the owner of the Single Family Dwelling, Multiple Family Dwelling, Commercial Establishment or Licensee. C. Compost-The product of a managed process through which microorganisms naturally break down organic materials, including Yard Waste, fruit or vegetable matter, eggshells or coffee grounds, by bacteria, fungi and other organisms into more available forms suitable for application to the soil and is used to improve soil structure and provide nutrients to the soil. D. Compost Area—A defined area used for composting. E. Composting - Any above ground microbial process that converts decaying organic materials to compost, humus or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. F. Garden—A well-defined ground area used for cultivation of flowers,vegetables and shrubs. G. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care activities such as mowing,trimming,gardening or raking consisting of grass clippings,twigs,tree and brush clippings,straw, pine needles,tree branches,soft vegetative garden waste and leaves.. The definitions applicable to Section 5.36 shall govern any terms used but not defined herein. Subd.3. Storage. A. Storage containers for Single Family Dwellings,Multiple Family Dwellings or Commercial Establishments must be stored at least twenty(20)feet from the property line. Storage containers stored within a front yard must be screened from the public street with an opaque fence or coniferous landscape material. For the purposes of this ordinance,a corner lot shall be defined as having two front yards. B. Storage containers for Solid Waste,Recyclable Materials or Yard Waste may be set curbside 24 hours prior to the scheduled pickup. The storage containers must be removed from curbside within 24 hours after the scheduled pickup. C. It is unlawful for the owner or occupant of a Single Family Dwelling to store Solid Waste at the dwelling for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in five to one hundred gallon metal or plastic containers with tight-fitting covers, which shall be maintained in a clean and sanitary condition. D. It is unlawful for the owner or occupant of a Single Family, Multiple Family Dwelling or Commercial Establishment to store Yard Waste at the dwelling or establishment for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. E. It is unlawful for the owner or occupant of a Multiple Family Dwelling to store Solid Waste at the dwelling for more than one (1) week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in containers as for Single-Family Dwellings, except that so-called "dumpsters" or Roll Off Containers with tight-fitting covers may be substituted. F. It is unlawful for the owner or occupant of a Commercial Establishment to store Solid Waste at the establishment for more than one week unless it is being composted in accordance with the provisions of Subd. 6 herein. All such storage shall be in containers as for Single Family Dwellings, except that so-called"dumpsters" or Roll Off Containers with tight-fitting covers may be substituted. G. It is unlawful to store Solid Waste, except fruit or vegetable waste, eggshells or coffee grounds, in a Compost Area pursuant to Subd. 6 hereof,unless it is drained and wrapped and in enclosed containers with tight-fitting covers. H. No Yard Waste or Solid Waste may be buried without prior written permission from the City of Eden Prairie. I. Only one (1) Roll Off Container for collection of Solid Waste or construction debris is allowed for Single Family Dwelling at a single time and for no more than 90 days unless previously approved in writing by the City Manager or his/her designee. J. Roll Off Containers shall be placed on a hard surfaced driveway when feasible. If the Roll-Off Container must be placed on a grassed or landscaped surface in accordance with the Permit conditions approved under City Code Section 6.03 Subdivision 1, the surface shall be stabilized by seeding (if prior to September 15), sodding, mulching, or other equivalent measure pre-approved in writing by the City within 60 days of removal of the Roll Off Container unless approved otherwise in writing by the City Manager or his/her designee. Subd.4. Recyclable Waste Collection--Multiple Family. Owners,Associations or other management entities for Multiple Family Dwellings must,by, or not later than July 1, 2008, make available to the occupants of all dwelling units on the premises services for the Collection of Recyclable Waste which accumulates on the premises in accordance with the following provisions. A. Schedule. The Collection services must be available on the premises and must be provided on a regularly- scheduled basis. The owner and owner's employees may provide the Collection services personally,or the owner may utilize a Licensee as in Section 5.36. B. Recycling Information Required. The owner of a Multiple Family Dwelling must provide information to the occupants of each dwelling unit which notifies the occupants of the availability of Collection services, clearly describes and lists the procedures required to prepare the Recyclable Waste for Collection, and identifies the dates and times of Collection. C. Container Requirements. The owner of a Multiple Family Dwelling must provide containers for the Collection of Recyclable Waste and must maintain the containers in a clean and sanitary condition. The containers must be sufficient in number and size to meet the demands for recycling services created by the occupants. The owner must replace stolen or broken containers and purchase additional containers as needed. Containers must be placed in a location on the premises which permits access for Collection purposes but which does not obstruct pedestrian or vehicular traffic and must comply with the City's zoning ordinance. D. Transportation and Disposal. Upon Collection by the owner, owner's employees, or Licensee, Recyclable Wastes must be delivered to a recyclable material processing center, an end market for sale or reuse, or to an intermediate Collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of Recyclable Waste in a solid waste disposal facility. Recyclable Wastes must be transported in a covered vehicle so that the recyclables do not drop or blow onto any public or private property during transport. Subd.5. Recyclable Waste Collection--OFC,I-2,I-5,I-Gen,C-Corn,N-Corn,C-Reg,C-Reg-Ser,C-Hwy,TC. This Subdivision is applicable to all properties which have been issued a building permit for new construction after the effective date of the ordinance. Owners,Associations or other management entities for properties located within the OFC, 1-2, I-5, I-Gen, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC zoned properties shall provide to all occupants services for the Collection of Recyclable Waste which accumulates on the premises in accordance with the following provisions: A. Schedule. The Collection services must be available on the premises and must be provided on a regularly- scheduled basis. The owner and owner's employees may provide the Collection services personally, or the owner may utilize a Licensee as in Section 5.36. B. Recycling Information Required. The owner of a OFC, I-2, I-5, I-Gen, C-Com,N-Com, C-Reg, C-Reg- Ser, C-Hwy, TC zoned properties shall provide information the tenants of each unit which notifies the tenants of the availability of Collection services, clearly describes and lists the procedures required to prepare the Recyclable Waste for Collection,and identifies the dates and times of Collection. C. Container Requirements. The owner of OFC, I-2, 1-5, I-Gen, C-Corn, N-Corn, C-Reg, C-Reg-Ser, C- Hwy, TC zoned properties shall provide containers for the Collection of Recyclable Waste and shall maintain the containers in a clean and sanitary condition. The containers shall be sufficient in number and size to meet the demands for recycling services created by the owners or tenants. The owner shall replace stolen or broken containers and purchase additional containers as needed. Containers shall be placed in a location on the premises which permits access for Collection purposes but which does not obstruct pedestrian or vehicular traffic and must comply with Chapter 11.03, Subd.3,L. D. Transportation and Disposal. Upon Collection by the owner, owner's employees, or Licensee, Recyclable Wastes shall be delivered to a recyclable material processing center, an end market for sale or reuse, or to an intermediate Collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of Recyclable Waste in a solid waste disposal facility. Recyclable Wastes must be transported in a covered vehicle so that the recyclables do not drop or blow onto any public or private property during transport. Subd. 6. Anti-scavenging. It is unlawful for any person other than the owner or owner's authorized employees or contractors to scavenge,collect,remove,or dispose of Solid Waste and/or Recyclable Waste after the materials have been placed or deposited for Collection at the curb or in areas designated for the separation of Recyclable Waste. Subd. 7. Compost Requirements. It is prohibited for any person to engage in Composting on public,commercial, office or industrial property without prior written permission from the City. It is prohibited for the owner or occupant of a Single Family or Multiple Family Dwelling to engage in Composting except as hereinafter provided. A. A Compost Area shall be established in such a manner so as not to create an odor or other condition that is a nuisance; B. A Compost Area may consist only of Yard Waste, fruit or vegetable waste, eggshells or coffee grounds generated from the site on which the compost is located. C. A Compost Area may not occupy any front yard setback and must be ten (10) feet from any side or rear yard lot line. D. Fruit or vegetable waste, eggshells or coffee grounds must be enclosed in a container or other manner which will prevent animals from disturbing or removing the contents. E. A Compost Area shall not be larger than.025 to the total lot area and in no case exceed five hundred(500) square feet or four (4) feet in height. Every Compost Area must be contained within a fenced area or enclosed container, except a Compost Area consisting of yard waste not exceeding eighteen(18) inches in height may be placed upon a Garden without a fence or closed container. Subd. 8. Deposit of Solid Waste. It is unlawful for any person to deposit Solid Waste from any source, rubbish, offal,or the body of a dead animal in any place other than a sanitary landfill or licensed disposal facility. Subd. 9. Solid Waste Collection Contract. Every occupant of Single Family Dwellings, Multiple Family Dwellings, and Commercial Establishments shall be a party to, or the beneficiary of, a contract for the collection of the Solid Waste generated on or within such Single Family Dwelling, Multiple Family Dwelling, or Commercial Establishment. Subd.10. Penalties for Violation. Violation of this subsection is a Petty Misdemeanor.A fourth or subsequent violation of this subsection is a Misdemeanor. Source: Ordinance No. 6-2008 Effective Date: 3-13-2008 From Chapter 11. Chapter 11 Subd.3. Special Requirements. The following special requirements shall apply to all Districts: Source: City Code Effective Date: 9-17-82 M. Trash and Recycling. Implementation of a trash enclosure plan shall be required prior to issuance of any occupancy permit for a property located in zoning districts OFC, I-2, I-5, I-Gen, C-Com, N-Com, C-Reg, C-Reg- Ser, C-Hwy, and TC. This Section 11.03 Subd. 3, M is applicable to all properties which have been issued a building permit for new construction after the effective date of the ordinance. Source: Ordinance No Effective Date: 1. Trash and Recycling Enclosure: All recyclable waste shall be kept within a completely enclosed building or within a trash enclosure constructed with face brick or natural stone to match the building with solid wood or metal gates that completely screen the interior of the enclosure. 2. Trash and Recycling Location: All trash,trash receptacles and recycling bins shall meet the setbacks for the underlying zoning district. STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II THROUGH: Michael D. Franzen, City Planner DATE: April 23, 2010 SUBJECT: Code Amendment: Recycling BACKGROUND In July 2009 the Conservation Commission began discussions about amending the City Code for recycling in commercial, office and industrial areas. Currently recycling services are available for single family and multiple family areas. At the December 11, 2009, Planning Commission meeting, staff presented an outline of the proposed changes to Chapters 5, 9, and 11 relating to recycling. The Planning Commission directed staff to work with the City Attorney to prepare a draft ordinance. On March 9, 2010 Staff presented the draft ordinance to the Conservation Commission. The Conservation Commission voted 5-0 and recommended to move the proposed code amendment to the Planning Commission. On March 16, 2010 Staff presented the proposed code amendment to the Chamber of Commerce Government Committee. SUMMARY OF PROPOSED AMENDMENTS Recycling, licensing, storage, and collection is currently a requirement for single family and multiple family properties and is addressed in Chapters 5 and 9. Chapter 5, Section 5.36 -licensing of collectors of solid, recyclable and/or yard waste. The proposed change would require the Licensee (recycling service)to provide a quarterly written report. This is currently required for the Licensee providing services to single family and multifamily households. Staff Report—Code Amendment: Recycling April 23, 2010 Page 2 Chapter 9, Section 9.01 - storage, deposit and collection of refuse,yard waste, recyclable waste and solid waste. The proposed changes are: 1. List the zoning districts in which owners, associations, and other management entities would make available to tenants the collection of recyclable wastes. These zoning districts are OFC, I-2, I-5, I-Gen, C-Reg, C-Reg-Ser, C-Comm,N-Comm, C-Hwy, and TC. 2. Provide recycling information for tenants. 3. Provide containers to tenants. Chapter 11, Section 11.03 establishment of district, special requirements and performance standards. Plans will be required to show the location of trash and recycling enclosures. The enclosures would be required to meet architectural standards and setbacks. For the last 20 years,by development agreement, the City has required that development plans (330 properties) show the location of trash and recycling enclosures for screening purposes. STAFF RECOMMENDATIONS Staff recommends approval of the code amendments. STAFF REPORT: TO: Planning Commission FROM: Regina Herron, Planner II DATE: December 11, 2009 SUBJECT: Code Amendment: Recycling BACKGROUND Leslie Stovring, Environmental Recycling Coordinator, will be at the meeting to make a presentation on how the City currently regulates recycling. CONSERVATION COMMISSION A role of the Conservation Commission is to recommend the inclusion of appropriate environmental conservation and protection measures into the planning process. In July 2009 the Conservation Commission began discussions about amending the City Code for recycling in commercial, office and industrial areas. Currently recycling services are available for single family and multiple family areas. CHANGES TO RECYCLING REQUIREMENTS Recycling, licensing, storage, and collection is currently a requirement for single family and multiple family properties and is addressed in Chapters 5 and 9. Chapter 5, Section 5.36 - licensing of collectors of solid, recyclable and/or yard waste. The proposed change would require the Licensee (recycling service)to provide a quarterly written report. This is currently required for the Licensee providing services to single family and multifamily households. Chapter 9, Section 9.01 - storage, deposit and collection of refuse,yard waste, recyclable waste and solid waste. The proposed changes are: 1. List the zoning districts in which owners, associations, and other management entities would make available to tenants the collection of recyclable wastes. These zoning districts are OFC, I-2, I-5, I-Gen, C-Reg, C-Reg-Ser, C-Comm,N-Comm, C-Hwy, and TC. 2. Provide recycling information for tenants. 3. Provide containers to tenants. Chapter 11, Section 11.03 establishment of district, special requirements and performance standards. Plans will be required to show the location of trash and recycling enclosures. The enclosures would be required to meet architectural standards and setbacks. For the last 20 years, by development agreement, the City has required that development plans (330 properties) show the location of trash and recycling enclosures for screening purposes. STAFF RECOMMENDATION The proposed changes would apply to new construction. Direct staff to work with the City Attorney to draft a recycling ordinance. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,DECEMBER 14, 2009 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Alexander Martin, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Regina Herron, Planner II Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Kirk. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Lechelt, to approve the agenda. Motion carried 8-0. VII. PLANNERS' REPORT A. Recycling Ordinance Herron introduced Leslie Stovring, Environmental Recycling Coordinator, who will make a presentation on how the City currently regulates recycling and the changes to the recycling requirements. Leslie Stovring used a PowerPoint presentation to show the historical recycling data and to outline the changes to the recycling requirements. She pointed out the amount of recycling, in terms of tonnage, went down in 2008 from 2007, and stated she is not sure how accurate that information was. She stated that recycling, licensing, storage and collection is currently a requirement for single family and multiple family properties. She pointed out the changes as follows: Chapter 5, Section 5.36 -licensing of collectors of solid, recyclable and/or yard waste. The proposed change would require the Licensee (recycling service) to provide a quarterly written report. This is currently required for the Licensee providing services to single family and multifamily households. Chapter 9, Section 9.01 —storage, deposit and collection of refuse,yard waste, recyclable waste and solid waste. The proposed changes are: 1. List the zoning districts in which owners, associations, and other management Entities would make available to tenants the collection of recyclable wastes. These zoning districts are OFC, I-2, I-5, I-Gen, C-Reg, C-Reg-Ser, C-Comm, C-Hwy, and TC. 2. Provide recycling information for tenants. 3. Provide containers to tenants. Chapter 11, Section 11.03 establishment of district, special requirements and performance standards. Plans will be required to show the location of trash and recycling enclosures. The enclosures would be required to meet architectural standards and setbacks. For the last 20 years,by development agreement, the City has required that development plans (330 properties) show the location of trash and recycling enclosures for screening purposes. Stovring pointed out these proposed changes would apply to new construction. Pitzrick stated the U.S. Green Building Consult had a huge recycling component and he feels the City should be prepared for requests or issues with existing buildings. Lechelt asked, in regards to remodeling projects, should the City require them to comply with these recycling requirements. Herron said the requirements would basically be for new construction. Stovring concurred right now this is just for new projects but it is something that could be added. Franzen stated if a building was gutted or torn down, then it would be a structural change and would need to comply with these requirements. He also pointed out most businesses now do have recycling storage. MOTION by Rocheford, seconded by Wuttke, to direct Staff to work with the City Attorney to draft a recycling ordinance. Motion carried 8-0. Franzen stated there will be no Planning Commission Meeting on December 28. The next meeting will be January 11. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 26, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary PLEDGE OF ALLEGIANCE — ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Lechelt. II. APPROVAL OF AGENDA Franzen said there should be one amendment to the agenda. There will be the swearing in of Planning Commission Member Kevin Schultz. MOTION by Kirk, seconded by Pitzrick, to approve the agenda as amended. Motion carried 6-0. VII. PUBLIC HEARINGS B. Recycling Ordinance Franzen stated on March 9, 2010 Staff presented the draft ordinance to the Conservation Commission. They voted 5-0 and recommended to move the proposed code amendment to the Planning Commission. The Recycling Ordinance is in its final form for action tonight and then it will go to the City Council for approval. Staff recommends approval of the code amendments. Stoltz opened the meeting up for public input. There was no input. MOTION by Schultz, seconded by Wuttke, to close the public hearing. Motion carried 6-0. MOTION by Schultz, seconded by Kirk, to recommend approval of the code amendment for recycling. Motion carried 6-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 18, 2010 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 197350— 197720 Wire Transfers 3815 - 3824 City of Eden Prairie Council Check Summary 5/18/2010 Division Amount Division Amount General 77,171 316 WAFTA 344 100 City Manager 83 803 Escrow Fund 535 101 Legislative 45 806 SAC Agency Fund 10,500 110 City Clerk 67 Total Agency Funds 11,379 111 Customer Service 4,881 112 Human Resources 73 807 Benefits Fund 349,273 114 Benefits&Training 31,722 809 Investment Fund 6,362 130 Assessing 450 812 Fleet Internal Service 36,246 132 Housing and Community Services 17,250 813 IT Internal Service 9,117 133 Planning 58 814 Facilities Capital ISF 12,401 150 Park Administration 25 815 Facilites Operating ISF 26,262 151 Park Maintenance 6,735 816 Facilites City Center ISF 127,544 152 Parks Capital Outlay 578 817 Facilites Comm.Center ISF 38,747 153 Organized Athletics 19,116 Total Internal Service Funds 605,953 154 Community Center 8,783 158 Adult Recreation 848 159 Recreation Administration 114 Report Total 1,311,313 160 Therapeutic Recreation 119 162 Arts 6,682 163 Outdoor Center 1,306 167 CC-Youth Programs 539 168 Arts Center 1,632 180 Police 14,479 183 Emergency Preparedness 136 184 Fire 2,685 186 Inspections 75 200 Engineering 61 201 Street Maintenance 18,564 Total General Funds 214,275 301 CDBG 5,223 304 Senior Board 80 308 E-911 1,066 309 DWI Forfeiture 2,955 Total Special Revenue Funds 9,324 315 Economic Development 194 502 Park Development 6,394 503 Utility Improvement 23,095 506 Improvment Bonds 1996 6,068 509 CIP Fund 1,571 520 Parks Referendum 72,508 522 Improvement Projects 2006 349 Total Capital Project Funds 110,179 601 Prairie Village Liquor 77,077 602 Den Road Liquor 112,305 603 Prairie View Liquor 92,441 605 Den Road Building 376 701 Water Fund 65,321 702 Sewer Fund 712 703 Storm Drainage Fund 11,969 Total Enterprise Funds 360,203 City of Eden Prairie Council Check Register 5/18/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3819 188,811 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 3817 118,282 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 197580 83,905 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes City Hall-Direct Costs 197660 63,831 RJM CONSTRUCTION INC Improvements to Land Parks Referendum 197602 36,765 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 197551 35,718 ELK RIVER Autos Fire-Fixed Assets 197399 28,629 MINNESOTA UI FUND Unemployment Compensation Organizational Services 197361 27,701 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 197664 25,818 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 197696 25,060 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 197695 23,495 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 197575 21,992 HANSEN THORP PELLINEN OLSON Other Contracted Services Parks Referendum 3820 21,156 ING Deferred Compensation General Fund 197676 19,415 THORPE DISTRIBUTING Beer Prairie View Liquor Store 197545 19,365 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Hall-Direct Costs 197449 18,837 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 197385 17,658 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 197651 17,594 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 3821 15,368 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3816 15,254 CERIDIAN State Taxes Withheld Health and Benefits 197618 15,200 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 197640 14,488 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 197667 13,068 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit 197446 12,647 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 3824 12,135 US BANK TRUST HRA Health and Benefits 197597 10,720 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 197415 10,635 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 197620 10,395 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 197592 10,288 INTEREUM INC Capital Under$10,000 Furniture 197572 9,299 GRAYMONT Treatment Chemicals Water Treatment Plant 197436 8,983 THORPE DISTRIBUTING Beer Prairie View Liquor Store 197687 8,909 WALL TRENDS INC Contract Svcs-General Bldg 3rd Sheet of Ice 197500 8,705 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 197542 8,326 DAY DISTRIBUTING Beer Den Road Liquor Store 197662 8,164 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 197713 7,987 STARING LAKE CLUBHOUSE AR Utility Water Enterprise Fund 197383 7,976 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 197529 7,540 CLAUDE'S CERAMIC TILE INC Other Contracted Services Facilities Capital 197519 7,048 BELLBOY CORPORATION Transportation Den Road Liquor Store 197411 6,710 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 197588 6,682 IND SCHOOL DIST 272 Building Rental Winter Theatre 197394 6,596 MCF-LINO LAKES Other Contracted Services Utility Operations-General 197634 6,500 NILSSON,BETH Instructor Service Ice Show 197410 6,472 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 197406 6,362 NORTHSHORE ADVISORS LLC Interest Investment Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197672 6,309 STREICHERS Protective Clothing Police 197540 6,294 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 197474 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 197623 6,141 MICRONICS Equipment Repair&Maint Water Treatment Plant 197391 5,796 M R SIGN Signs Traffic Signs 197528 5,762 CERIDIAN Ceridian IT Operating 197447 5,366 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 197697 5,284 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 197443 5,284 WALDOR PUMP&EQUIPMENT CO Contract Svcs-Plumbing City Hall-CAM 197692 5,088 WINE MERCHANTS INC Transportation Den Road Liquor Store 197616 5,066 MCQUAY INTERNATIONAL Contract Svcs-HVAC Fire Station#3 197559 4,398 FORD CONSTRUCTION CO INC Equipment Repair&Maint Water Treatment Plant 197432 4,356 STREICHERS Clothing&Uniforms Police 197613 4,123 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 197637 4,033 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 197646 3,892 PROP Refunds CDBG-Public Service 197642 3,752 PRAIRIE ELECTRIC COMPANY Other Contracted Services Facilities Capital 197462 3,500 INDEPENDENT SCHOOL DIST 272 Other Contracted Services Housing and Community Service 197366 3,405 DAY DISTRIBUTING Beer Prairie View Liquor Store 197429 3,398 ST PAUL,CITY OF Patching Asphalt Street Maintenance 197448 3,279 XCEL ENERGY Electric Prairie Village Liquor Store 197546 3,201 EARL F ANDERSEN INC Signs Traffic Signs 197508 3,176 AMWA Dues&Subscriptions Utility Operations-General 197515 3,171 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 197408 3,112 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 197553 3,087 EPI INVESTIGATIONS INC Design&Engineering Utility Improvement Fund 197690 3,071 WINE COMPANY,THE Transportation Den Road Liquor Store 197378 3,037 GRAYMONT Treatment Chemicals Water Treatment Plant 197428 2,923 ST CROIX ENVIRONMENTAL INC Process Control Services Water Treatment Plant 197622 2,895 MHSRC/RANGE Miscellaneous DWI Forfeiture 197682 2,545 VAN PAPER COMPANY Cleaning Supplies Public Works/Parks 197451 2,487 BELLBOY CORPORATION Wine Imported Den Road Liquor Store 197702 2,335 ZIEGLER INC Contract Svcs-Fire/Life/Safe Fire Station#1 197583 2,250 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 197444 2,218 WINE COMPANY,THE Transportation Prairie View Liquor Store 197675 2,203 SURLY BREWING CO Beer Den Road Liquor Store 197434 2,044 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 197538 2,000 CREAMER,LORI Tuition Reimbursement/School Organizational Services 197708 1,984 HENNEPIN COUNTY TREASURER Other Contracted Services Utility Improvement Fund 197445 1,977 WINE MERCHANTS INC Transportation Prairie View Liquor Store 197619 1,844 METRO SALES INCORPORATED* Other Rentals Customer Service 197573 1,840 GREENSIDE INC Contract Svcs-Asphalt/Concr. City Hall-CAM 197674 1,836 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concrt Arts Center 197681 1,793 US POSTMASTER Postage Water Accounting 197422 1,768 SEAFORTH ELECTRIC INC Equipment Repair&Maint Water Treatment Plant 197526 1,696 CAT&FIDDLE BEVERAGE Wine Domestic Prairie View Liquor Store 197356 1,695 BELLBOY CORPORATION Transportation Prairie View Liquor Store 197706 1,627 GENUINE PARTS COMPANY Equipment Parts Utility Operations-General 3822 1,624 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197668 1,603 STAPLES ADVANTAGE Office Supplies Police 197716 1,507 ZIEGLER INC Contract Svcs-Fire/Life/Safe Public Works/Parks 197568 1,504 GRAINGER Repair&Maint. Supplies Utility Operations-General 197472 1,426 RICHFIELD,CITY OF Autos Police 197718 1,363 RICHFIELD,CITY OF Autos Police 197544 1,335 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 197685 1,294 VINOCOPIA Transportation Prairie View Liquor Store 197413 1,230 PUBLIC SAFETY EQUIPMENT LLC Equipment Repair&Maint Police 197525 1,150 BUCK,NATHAN Other Contracted Services Softball 197654 1,144 RAY,LEE Other Contracted Services Softball 197431 1,108 STATE SUPPLY COMPANY Other Contracted Services Facilities Capital 197501 1,096 RICHFIELD,CITY OF Autos Fire-Fixed Assets 197705 1,093 FIETEK,CHRIS Tuition Reimbursement/School Organizational Services 197364 1,070 CLAUDE'S CERAMIC TILE INC Contract Svcs-General Bldg Pool Maintenance 197376 1,053 GRAINGER Repair&Maint. Supplies Water Treatment Plant 197585 1,017 HOHENSTEINS INC Beer Den Road Liquor Store 197362 1,000 CERIDIAN Ceridian IT Operating 197627 922 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 197460 909 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Park Shelters 197673 900 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 197549 890 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 197435 886 SURLY BREWING CO Beer Prairie Village Liquor Store 197593 884 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 197426 880 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire 197624 878 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 3818 876 CERIDIAN Garnishment Withheld General Fund 197403 859 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 197477 848 1ST CHOICE TOURS Operating Supplies Red Hat 197570 833 GRANICUS INC Software Maintenance IT Operating 197430 832 STAPLES ADVANTAGE Office Supplies Customer Service 197527 792 CENTERPOINT ENERGY Gas Crestwood Park 197392 770 MAACO Equipment Repair&Maint Fleet Operating 197658 755 REPLENEX Equipment Parts Fleet Operating 197715 746 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 197679 744 UNIFORMS UNLIMITED Clothing&Uniforms Police 197652 740 QWEST Process Control Services Water Treatment Plant 197381 710 HOHENSTEINS INC Beer Prairie View Liquor Store 197377 706 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 197504 702 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 197611 699 LIONS TAP Operating Supplies Fire 197632 694 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 197441 688 VAN PAPER COMPANY Cleaning Supplies Facilites Operating ISF 197587 682 HOSE/CONVEYORS INC Equipment Parts Fleet Operating 197645 667 PROP Refunds CDBG-Public Service 197439 641 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 197365 625 D&F COMMUNICATIONS INC Contract Svcs-Security Community Center Maintenance 197561 617 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 197395 601 METRO SALES INCORPORATED* Other Rentals Customer Service 197655 601 RED WING,CITY OF Operating Supplies Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197505 594 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 197357 588 BIFFS INC Waste Disposal Park Maintenance 197457 578 GOLDADE DITCHING INC Capital Under$10,000 Capital Outlay Parks 197653 566 QWEST Maintenance Contracts E-911 Program 197626 565 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 197490 545 QWEST Telephone IT Telephone 197418 526 REBS MARKETING Other Contracted Services Environmental Education 197543 525 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating 197359 512 BOURGET IMPORTS Transportation Prairie View Liquor Store 197466 506 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 197521 503 BERNICK'S WINE Wine Domestic Prairie Village Liquor Store 197467 500 MEYER,JODY Instructor Service Outdoor Center 197360 499 BRO-TEX INC Safety Supplies Fleet Operating 197699 488 XCEL ENERGY Electric Forest Hills Park 197475 480 SPORTS UNLIMITED Instructor Service CC-Camps 197405 473 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 197350 466 1ST LINE/LEEWES VENTURES LLC Merchandise for Resale Concessions 197503 456 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 197393 454 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 197689 451 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 197458 450 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 197612 449 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store 197558 448 FNF AND ASSOCIATES AR Utility Water Enterprise Fund 197621 440 METROPOLITAN FORD Equipment Parts Fleet Operating 197398 438 MINNESOTA CLAY CO.USA Recreation Supplies Arts Center 197565 436 GLADE,DOUGLAS AR Utility Water Enterprise Fund 197590 421 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 197433 401 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 197387 396 KEEPERS Clothing&Uniforms Fire 197523 389 BOUND TREE MEDICAL LLC EMS Supplies Fire 197396 386 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 197683 383 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 197630 377 MORAN USA,LLC Transportation Den Road Liquor Store 197522 375 BOSS DISTRIBUTORS Wine Imported Den Road Liquor Store 197473 363 SIGNSOURCE Contract Svcs-Gen.Bldg City Center Operations 197402 353 MT GLOBAL LLC Transportation Prairie Village Liquor Store 197609 352 KUSTOM SIGNALS INC Equipment Repair&Maint Police 197532 350 COMMERCIAL REFRIGERATION SYSTE Contract Svcs-Ice Rink 3rd Sheet of Ice 197656 349 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 2006 3815 345 CERIDIAN Garnishment Withheld General Fund 197569 345 GRAMPRE,DAVID A Other Contracted Services Softball 197703 344 CARVER COUNTY TREASURER Licenses&Taxes WAFTA 197454 341 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 197502 335 WABASHA COUNTY SHERIFF'S DEPAR Deposits Escrow 197496 330 SUMMIT FISCAL AGENCY Accounts Receivable Community Center Admin 197442 321 VANCE BROTHERS INC Patching Asphalt Street Maintenance 197661 320 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance 197351 315 2ND WIND EXERCISE Equipment Repair&Maint Fitness Center 197571 313 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197603 313 KEEPERS Clothing&Uniforms Police 197607 303 KRAEMERS HARDWARE INC Operating Supplies Street Maintenance 197419 303 REED BUSINESS INFORMATION Legal Notices Publishing Street Maintenance 197539 300 CREATURE ENCOUNTERS INC Instructor Service Outdoor Center 197647 300 PUCHALSKI,MARY Instructor Service Arts Center 197586 299 HOLMES,TOM Other Contracted Services Touch Football 197541 295 DALE GREEN COMPANY,THE Repair&Maint. Supplies Storm Drainage 197524 290 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 197512 288 AOI ELECTRICAL LLC Equipment Parts Fleet Operating 197382 287 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 197563 282 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 197584 281 HOBART Supplies-Electrical Garden Room Repairs 197555 273 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 197352 268 AL'S COFFEE Merchandise for Resale Concessions 197644 267 PROP United Way Withheld General Fund 197535 259 COX,KIM Other Assets CIP-Bonds 197531 254 COMMERCIAL MAINTENANCE CHEMICA Supplies-Plumbing City Hall-CAM 197604 250 KIDCREATE STUDIO Instructor Service Arts Center 197614 248 MASS BAR-MATE CORP Transportation Den Road Liquor Store 197663 243 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 197476 238 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 197469 234 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Police 197412 231 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 197578 230 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 197363 229 CHOICE INC Other Contracted Services Prairie Village Liquor Store 197677 226 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 197530 225 COMCAST Wireless Subscription IT Operating 197367 223 EDEN PRAIRIE APPLIANCE Supplies-General Bldg Police City Center 197552 216 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 197709 212 LAKE COUNTRY DOOR LLC Contract Svcs-Ice Rink Ice Arena Maintenance 197509 203 ANCHOR PRINTING COMPANY Operating Supplies Ice Show 197499 200 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 197554 198 ERICKSON,JENNIFER OR STEFAN AR Utility Water Enterprise Fund 197481 198 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating 197550 197 EDEN PRAIRIE ROTARY CLUB Operating Supplies Fire 197635 194 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 197374 189 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 197513 188 BAHR,JENNIFER Other Assets CIP-Bonds 197566 188 GOOD,JAMIE Other Assets CIP-Bonds 197629 188 MITCHELL,SANDY Other Assets CIP-Bonds 197684 188 VIK,LISA Other Assets CIP-Bonds 197698 188 WU,LISA Other Assets CIP-Bonds 197719 188 HUTTER,MICHAEL Other Assets CIP-Bonds 197720 188 KAEHLER,BILL Other Assets CIP-Bonds 197372 180 FORD,GARY Other Contracted Services Park Maintenance 197450 180 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 197353 180 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Den Road Liquor Store 197407 176 OPPORTUNITY PARTNERS Contract Svcs-Lawn Maint. City Hall-CAM 197373 175 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197480 172 DAN'S SOUTHSIDE MARINE Equipment Repair&Maint Fire 197520 171 BERGSTROM-DELEON,HANNAH Accounts Receivable Community Center Admin 197516 171 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 197358 169 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Den Bldg.-Direct 197421 167 SCHARBER&SONS Equipment Repair&Maint Park Maintenance 197534 167 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Operating 197416 165 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 197577 161 HEALY,STEPHEN Other Contracted Services Softball 197581 161 HENRY,PAUL Other Contracted Services Volleyball 197665 161 SIVERSON,JILL R Other Contracted Services Volleyball 197397 157 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 197479 154 CDW GOVERNMENT INC. Operating Supplies Fire 197712 153 SPECIALTY STORE SERVICES Operating Supplies Den Road Liquor Store 197438 152 TROPICANA CHILLED DSD Merchandise for Resale Concessions 197717 150 COSTCO Dues&Subscriptions Recreation Administration 197710 150 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Ice Arena Maintenance 197517 150 BECKER,RYAN OR PARI AR Utility Water Enterprise Fund 197631 149 MTI DISTRIBUTING INC Operating Supplies Street Maintenance 197648 149 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 197670 147 STILLER,NOEL AR Utility Water Enterprise Fund 197437 143 TOLL GAS AND WELDING SUPPLY Repair&Maint. Supplies Sewer System Maintenance 197423 141 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 197582 140 HERMAN,ELLEN B Other Contracted Services Economic Development Fund 197511 138 ANDREWS,TERRY S Other Contracted Services Softball 197514 138 BARNES,BELINDA A. Other Contracted Services Volleyball 197666 138 SNEEN,NICOLE D Other Contracted Services Softball 197680 136 UNITED WAY United Way Withheld General Fund 197641 132 POWER SYSTEMS Equipment Parts Fleet Operating 197506 130 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Community Center Admin 197390 130 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store 197595 129 JASON'S DELI Operating Supplies Reserves 197537 127 CRACAUER,CLIFF Mileage&Parking Fleet Operating 197659 126 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 197371 125 FINLEY BROS INC Equipment Repair&Maint Park Maintenance 197388 125 KRAEMERS HARDWARE INC Supplies-General Bldg Senior Center 197370 124 FIELDSTONE VINEYARDS Wine Domestic Prairie View Liquor Store 197507 124 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Den Road Liquor Store 197628 122 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 197605 120 KOCOUREK,JOAN Clothing&Uniforms Police 197497 119 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 197401 117 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 197615 115 MCGREGOR,RANDY Other Contracted Services Softball 197369 114 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 197678 112 TROPICANA CHILLED DSD Merchandise for Resale Concessions 197355 108 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Operating 197564 101 GINA MAMAS INC Operating Supplies Fire 197482 100 DUOOS,BRIAN Other Contracted Services Assessing 197484 100 JOHNSON,JIM Other Contracted Services Assessing 197488 100 O'CONNOR,ANNETTE Other Contracted Services Assessing Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197489 100 PIDCOCK,PATRICIA Other Contracted Services Assessing 197567 99 GRAFIX SHOPPE Equipment Parts Fleet Operating 197610 99 LANDS END CORPORATE SALES Clothing&Uniforms Police 197533 98 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 197686 98 W W GOETSCH ASSOCIATES INC Equipment Parts Water Treatment Plant 3823 96 VANCO SERVICES Miscellaneous Community Center Admin 197657 92 REINDERS INC Other Contracted Services Park Maintenance 197557 92 FERRELLGAS Motor Fuels Fleet Operating 197596 92 JIROD,GERALD AR Utility Water Enterprise Fund 197704 90 DIRECTV Cable TV Community Center Admin 197483 87 HOBART Supplies-Garden Room Garden Room Repairs 197701 85 Z WINES USA LLC Transportation Den Road Liquor Store 197379 80 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Storm Drainage 197636 80 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Senior Board 197556 80 FEDEX Postage Human Resources 197625 75 MINNESOTA FIRE CHIEF MAGAZINE Dues&Subscriptions Fire 197404 75 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 197424 74 SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance 197389 71 KUSTOM SIGNALS INC Equipment Repair&Maint Police 197463 70 KENYON,PATRICK Tuition Reimbursement/School Police 197510 70 ANDERSON,JUSTIN Tuition Reimbursement/School Police 197478 70 BROWNING,RYAN Computers IT Operating 197455 69 CUB FOODS EDEN PRAIRIE Operating Supplies Emergency Preparedness 197386 67 KAISER MANUFACTURING INC Supplies-General Bldg Pool Maintenance 197560 64 FSH COMMUNICATIONS LLC Telephone Round Lake 197669 64 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 197671 63 STOVRING,LESLIE Mileage&Parking Storm Drainage 197608 62 KRENTZ,DAVID AR Utility Water Enterprise Fund 197427 61 SPRINT Telephone Engineering 197495 60 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 197468 59 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 197464 59 KINDERMUSIK WITH KIM Instructor Service CC-Arts&Drama 197598 58 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance 197380 58 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 197643 55 PRO-TECH SECURITY SALES Capital Under$10,000 Police 197707 54 GRAINGER Supplies-HVAC Community Center Maintenance 197536 54 CPAC Tuition Reimbursement/School Police 197574 51 GRIFFIN,ROBIN AR Utility Water Enterprise Fund 197452 50 BOLD,PAULINE Instructor Service Outdoor Center 197486 50 MOQUIST,LYNDON Other Contracted Services Assessing 197548 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Administration 197425 50 SNAP-ON TOOLS Small Tools Fleet Operating 197375 46 GRAFIX SHOPPE Equipment Parts Fleet Operating 197547 44 EDEN INCENTIVES&PROMOTIONS Employee Award Internal Events 197368 44 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 197492 40 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 197487 35 NELSON,MATTHEW Accounts Receivable Community Center Admin 197576 30 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 197606 28 KOLLMEYER,ANNE Other Revenue General Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197440 26 UNIFORMS UNLIMITED Clothing&Uniforms Police 197420 24 REPLENEX Equipment Parts Fleet Operating 197354 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance 197633 23 NICKLAUS,TODD Other Contracted Services Softball 197688 23 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 197617 21 MENARDS Operating Supplies Park Maintenance 197700 20 YAHOO! Other Contracted Services Police 197591 20 INTER BANK AR Utility Water Enterprise Fund 197493 20 RICHFIELD,CITY OF Autos Fire-Fixed Assets 197711 20 RICHFIELD,CITY OF Autos Police 197417 19 RDO EQUIPMENT CO Equipment Parts Fleet Operating 197461 18 HOOP,KIM Other Revenue General Fund 197470 18 PLOURDE,JERRY Other Revenue General Fund 197562 16 GERARDY,JESSICA AR Utility Water Enterprise Fund 197471 15 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 197453 14 BOREALINO,JOYCE Other Revenue General Fund 197459 14 HALBARDIER,ARTHUR Other Revenue General Fund 197465 14 KOLLMEYER,ANNE Other Revenue General Fund 197589 13 IND SCHOOL DIST 272 Operating Supplies Internal Events 197456 12 DOLLERSCHELL,JOHN Accounts Receivable Community Center Admin 197485 10 MN PRIMA Conference Expense General Facilities 197579 10 HENNEPIN COUNTY GIS USER GROUP Conference Expense IT Operating 197400 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 197594 8 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 197494 4 SCHUG,DIANA Accounts Receivable Community Center Admin 1,311,313 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions May 18, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Eugene A. Dietz Renaming Charlson Road to Robinson Public Works Way Requested Action Move to: Approve first reading of an ordinance that renames Charlson Road to Robinson Way. Synopsis At their April 20, 2010 meeting, Council directed staff to prepare an agenda item to change the name of Charlson Road in response to the request from C. H. Robinson. Staff has conferred with C. H. Robinson and they wish to name the road Robinson Way and have agreed to pay the costs associated with the name change—labor and materials to replace the street signs. If the first reading is approved, the second reading of the ordinance will be scheduled for June 15, 2010. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2010 BE IT ORDAINED by the Eden Prairie City Council that Charlson Road shall be renamed: Robinson Way FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on May 18, 2010 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on June 15,2010. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk Published in the Eden Prairie News on CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions May 18, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.B. Scott H. Neal/City Manager LRT Resolution Requested Action Move to: Adopt the Resolution addressing Eden Prairie Chamber of Commerce and business concerns with Light Rail Transit. Synopsis At the Council's May 4 Workshop, the Council received a presentation on the future of the City's Major Center Area Plan and the future introduction of the Southwest LRT project into the Major Center Area. The Council also received input and feedback on the segment of the light rail project proposed for the Technology Drive from the Chamber of Commerce and businesses in the Technology Drive area. After considering the input from both staff and the business community, the Council asked that a formal resolution be prepared for the Council to adopt at the Council's May 18 Council meeting. The Council directed staff to include in the resolution the concerns expressed by the business community about this segment of the light rail project and a request to Hennepin County to work directly with these, and other similarly impacted, Eden Prairie businesses to find a solution to their concerns. The requested resolution has been drafted and has been included on the Council's May 18 Council meeting agenda for discussion and adoption. If adopted by the Council, staff will transmit the resolution to the appropriate officials at Hennepin County. Staff will also continue to track the Draft Environmental Impact Statement(DEIS)process for this project. The DEIS process has an official comment period in September at which time it may be a good idea for the Council to, again, formally comment on any remaining concerns about the light rail project. Staff will keep Council Members advised on that process and timeline. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION ADDRESSING EDEN PRAIRIE CHAMBER OF COMMERCE & BUSINESS CONCERNS WITH LIGHT RAIL TRANSIT WHEREAS, the Hennepin County Regional Railroad Authority is nearing completion of the Draft Environmental Impact Statement(DEIS) for the Southwest Transitway which includes a preferred alignment for LRT serving Eden Prairie's Golden Triangle and Major Center Areas with a portion of the route following Technology Drive, and WHEREAS, the Metropolitan Council will become the lead agency for the Southwest Transitway project once the DEIS is complete and the Final Environmental Impact Statement (FEIS) and Preliminary Engineering (PE)processes begin, and WHEREAS,the Eden Prairie Chamber of Commerce and several businesses along Technology Drive have expressed concerns regarding potential impacts of LRT including access to their businesses, traffic, parking, vibration impacts on sensitive equipment, and incompatibility with electrical substation equipment; WHEREAS,the Eden Prairie Chamber of Commerce and businesses along Technology Drive, including Emerson-Rosemount, Costco, Xcel, and SW Station, would like to work cooperatively with the County, Metropolitan Council and City to find acceptable solutions to their concerns NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council respectfully requests that Hennepin County and the Metropolitan Council work with the City and businesses in the Technology Drive area to evaluate alternatives and find solutions for mitigating impacts of the proposed LRT on the businesses ADOPTED by the City Council of the City of Eden Prairie this 18th day of May, 2010. Phil Young , Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: May 18, 2010 SECTION: Reports of the City Attorney SERVICE AREA/DIVISION: ITEM NO.: XIV.H.1. ITEM DESCRIPTION: Joint Airport City Attorney Zoning Board Ordinance and Indemnification& Cooperation Agreement Requested Action Move to: Adopt recommendations of City Attorney, as amended by Council, with respect to the draft Joint Airport Zoning Board (JAZB) Ordinance and Indemnification and Cooperation Agreement. Synopsis The Metropolitan Airports Commission (MAC) staff has prepared a draft ordinance for the consideration of the Joint Airport Zoning board (JAZB) and an Indemnification & Cooperation Agreement for each of the JAZB member cities. At the request of the City Manager the City Attorney reviewed both drafts and made recommendations for the Council to consider. Background Information In February of this year the Council approved the City's participation in JAZB. The Council appointed Council Members Aho and Duckstad to represent the City on JAZB. On April 28th JAZB held a public hearing on a draft zoning ordinance. MAC also presented at about the same time a draft Indemnification&Cooperation Agreement to each Member City. The City Attorney's analysis concerning the most salient features of each document is attached. Attachments Flying Cloud Airport Zoning Ordinance Indemnification and Cooperation Agreement City Attorney Memorandum May 13, 2010. ff a 0°001 V Flying Cloud Airport Zoning Ordinance Adopted , 2010 Adopted by the Flying Cloud Airport Joint Airport Zoning Board Contact Person: Flying Cloud Joint Airport Zoning Board c/o JAZB Secretary Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, Minnesota 55450 TABLE OF CONTENTS SECTION I. PURPOSE AND AUTHORITY 1 SECTION II. TITLE AND SHORT TITLE 2 SECTION III. DEFINITIONS AND RULES OF CONSTRUCTION 2 A. Definitions 2 B. Rules Of Construction 7 SECTION IV. AIRSPACE OBSTRUCTION ZONING 8 A. Airspace Surfaces And Zones 8 B. Height Restrictions 10 SECTION V. LAND USE SAFETY ZONING 10 A. Safety Zones 10 B. Land Use Restrictions 11 SECTION VI. AIRPORT ZONING LIMITS AND FCM ZONING MAP 13 A. Airspace Zoning Limits 13 B. Safety Zoning Limits 14 C. FCM Zoning Map 14 SECTION VII. NONCONFORMING USES 14 A. FCM Zoning Ordinance 14 SECTION VIII. AIRPORT ZONING PERMITS 14 A. Permit Required 14 B. Exception To Permit Requirement 15 C. Permit Application 15 D. Permit Standard 15 E. Abandoned Or Deteriorated Nonconforming Uses 16 SECTION IX. VARIANCES 16 A. Variance Application 16 B. Failure Of Board To Act 17 C. Variance Standard 17 SECTION X. HAZARD MARKING AND LIGHTING 17 A. Nonconforming Uses 17 B. Permits And Variances 17 SECTION XI. ZONING ADMINISTRATOR 18 FCM Zoning Ordinance Page i A. Duties 18 B. Designated Zoning Administrators 18 SECTION XII. BOARD OF ADJUSTMENT 19 A. Establishment Of Board And Selection Of Chair 19 B. Board Powers 19 C. Board Procedures 19 SECTION XIII. APPEALS 20 A. Who May Appeal 20 B. Commencement Of Appeals 20 C. Stay Of Proceedings 20 D. Appeal Procedures 21 E. Decision 21 SECTION XIV. JUDICIAL REVIEW 21 SECTION XV. PENALTIES AND OTHER REMEDIES 21 SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES 21 A. Compliance Required 21 B. Conflicts With Other Regulations. 22 C. Current Versions And Citations. 22 SECTION XVII. SEVERABILITY 22 A. Effect Of Taking 22 B. Validity Of Remaining Provisions 22 SECTION XVIII. EFFECTIVE DATE 23 Flying Cloud Airport Zoning Map Airspace Zones, Index Sheet and Plates A-1 to A-24 Safety Zones, Index Sheet and Plates SZ-1 to SZ-24 Maximum Construction Heights Without Permit, Index Sheet and Plates MCH-1 to MCH-24 Exhibit A —Airport Boundary Exhibit B — Legal Descriptions of Parcels in Permitted Residential Areas Exhibit C — Map of Permitted Residential Areas Exhibit D —Airport Boundary and Airspace Zoning Limits Exhibit E — Airport Boundary and Airspace Contours Exhibit F - Airport Boundary and Safety Zoning Limits FCM Zoning Ordinance Page ii FLYING CLOUD AIRPORT ZONING ORDINANCE ADOPTED BY THE FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF THE FLYING CLOUD AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS; REFERRING TO THE FLYING CLOUD AIRPORT ZONING MAP; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; AND IMPOSING PENALTIES. THEREFORE, IT IS HEREBY ORDAINED BY THE FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD PURSUANT TO THE AUTHORITY CONFERRED BY MINNESOTA STATUTES §§ 360.061 — 360.074, THAT THE FLYING CLOUD AIRPORT ZONING ORDINANCE BE EFFECTIVE AS FOLLOWS: SECTION I. PURPOSE AND AUTHORITY The FLYING CLOUD Airport Joint Airport Zoning Board, created and established by joint action of the Metropolitan Airports Commission and the Cities of Eden Prairie, Bloomington, Shakopee, and Chanhassen, pursuant to the provisions and authority of Minnesota Statutes § 360.063, hereby finds and declares that: A. An Airport Hazard endangers the lives and property of users of the Airport and property or occupants of land in its vicinity, and also, if of the obstructive type, in effect reduces the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Airport and the public investment therein. B. The creation or establishment of an Airport Hazard is a public nuisance and an injury to the region served by the Airport. FCM Zoning Ordinance Page 1 C. For the protection of the public health, safety, order, convenience, prosperity, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of Airport Hazards. D. The social and economic costs of disrupting land uses around the Airport, however, often outweigh the benefits of a reduction in Airport Hazards requiring a balance between the social and economic costs to surrounding communities and the benefits of strict regulation. E. The prevention of these Airport Hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. F. Preventing the creation or establishment of Airport Hazards and eliminating, removing, altering, mitigating, or marking and lighting of existing Airport Hazards are public purposes for which political subdivisions may raise and expend public funds, levy assessments against land, and acquire land and property interests therein. SECTION II. TITLE AND SHORT TITLE This ordinance shall be known as the "Flying Cloud Airport Zoning Ordinance" or the "FCM Zoning Ordinance." SECTION III. DEFINITIONS AND RULES OF CONSTRUCTION A. Definitions. As used in this Flying Cloud Airport Zoning Ordinance, unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the words and phrases in the following list of definitions shall have the meanings indicated. All words and phrases not defined shall have their common meaning. 1. Above-ground Fuel Tank. "Above-ground Fuel Tank" means a container, vessel, or other enclosure designed to contain or dispense fuel that is located above the ground surface, that is not contained within a building or structure, and that is not part of or connected to a boat, motor vehicle, or rail car. 2. Airport. "Airport" means Flying Cloud Airport located in HennepinRamscy County, Minnesota. FCM Zoning Ordinance Page 2 3. Airport Boundary. "Airport Boundary" means the boundary shown on Exhibit A — Airport Boundary, attached hereto and made a part hereof. 4. Airport Hazard. "Airport Hazard" means any Structure, Tree, or use of land that obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the Airport; and any use of land that is hazardous to Persons or property because of its proximity to the Airport. 5. Airport Zoning Permit. "Airport Zoning Permit" means zoning permits as required under Section IX. 6. Airspace Surfaces. "Airspace Surfaces" means the surfaces established in Section IV.A. 7. Airspace Zones. "Airspace Zones" means the land use zones established in Section IV.A. 8. Board of Adjustment. "Board of Adjustment" means the body established in Section XIII.A. 9. Bluff. "Bluff" means a steep cliff, embankment, hill, or outcropping along a river or stream, with an average slope of eighteen (18) percent or greater measured over a horizontal distance of fifty (50) feet or more, and that rises at least twenty-five (25) feet above the ordinary high water mark of the river or stream. 10. Commissioner. "Commissioner" means the Commissioner of the Minnesota Department of Transportation or, if either the position of Commissioner or the Minnesota Department of Transportation shall no longer exist or serve its present functions, such successor state official or officials or entity or entities as shall either singularly or collectively perform or serve such functions. 11. Dwelling. "Dwelling" means any building or portion thereof designed or used as a residence or sleeping place of one or more Persons. 12. Effective Date. "Effective Date" means the effective date set forth in Section XIX. 13. Permitted Residential Areas. "Permitted Residential Areas" means the areas listed on Exhibit B — Legal Descriptions of Parcels in Permitted Residential Areas and shown on Exhibit C — Map of Permitted Residential Areas, both attached hereto and made a part FCM Zoning Ordinance Page 3 hereof, all of which have been designated based on the following criteria/findings related to each listed neighborhood: a. Low accident probability; b. Aircraft accident and site characteristics; c. Adjacency to large open areas; d. Economic effects of residential use restrictions and/or designation of existing residential uses as non-conforming; and I. Other material factors deemed relevant by the governmental unit in distinguishing the area in question as a Permitted Residential Area. 14. FAA. "FAA" means the Federal Aviation Administration or, if the Federal Aviation Administration shall no longer exist or serve its present functions, such successor federal entity or entities as shall either singularly or collectively perform or serve such functions. 15. FAA 7460 Obstruction Evaluation. Established FAA process for conducting aeronautical studies conducted under the provisions of Title 14 CFR, Part 77 (for proposed construction or alteration) or Federal Aviation Act of 1958 (for existing structures), or any successor to this process. 16. FCM Zoning Map. "FCM Zoning Map" means the Flying Cloud Airport Zoning Map as defined in Section VI.C. 17. Fuel. "Fuel" means any petroleum product, including natural gas, used to produce heat or power by burning. 18. Lot. "Lot" means a designated parcel, tract, or area of land established by plat or subdivision, or otherwise permitted by law. 19. Low Density Residential Structure. "Low Density Residential Structure" means a single-family or two-family home. 20. Low Density Residential Lot. "Low Density Residential Lot" means a single Lot located in an area which is zoned for single-family or two-family residences and in which the predominant land use is such type of residences. 21. 21.Nonconforming Use. "Nonconforming Use" means any pre-existing Structure or use of land which is inconsistent with the provisions of this FCM Zoning Ordinance or an amendment hereto. FCM Zoning Ordinance Page 4 22. Nursing Home. "Nursing Home" means a building or structure where aged or infirm people reside on a twenty-four (24) hour basis in order to receive nursing care and related services and includes assisted living facilities licensed by the Minnesota Department of Health to provide individualized home care services or home care management services to facility residents either by the management or by providers under contract with the management. 23. Person. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative. 24. Planned. "Planned" means proposed future Airport developments and improvements indicated on a planning document having the approval of the FAA, the Minnesota Department of Transportation, Office of Aeronautics, and the Metropolitan Airports Commission. 25. Precision Instrument Runway. "Precision Instrument Runway" means a Runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), or a precision approach radar (PAR), and a Runway for which a precision instrument approach procedure is Planned. 26. Runway. "Runway" means any existing or Planned paved surface of the Airport which is specifically designated and used or Planned to be used for the landing and/or taking off of aircraft. The individual Runways at the Airport are defined in this FCM Zoning Ordinance based on the compass heading of landing aircraft. 27. Runway 10R-28L. "Runway 10R-28L" means the 5,000-foot runway. Runway 1OR is a Precision Instrument Runway and Runway 28L is a Non-precision Runway. Both the Runway 1OR and 28L ends are within the City of Eden Prairie. 28. Runway 10L-28R. "Runway 10L-28R" means the 3,900-foot Non-precision Runway at the Airport whose 10L and 28R ends are within the City of Eden Prairie. 29. Runway 18-36. "Runway 18-36" means the 2,691-foot runway (planned for extension to 2,800 feet). Runway 18 is a Visual Runway and Runway 36 is a Non-Precision Runway. Both the Runway 18 and 36 Ends are within the City of Eden Prairie. FCM Zoning Ordinance Page 5 30. Runway Protection Zone. "Runway Protection Zone" means a zone mandated by FAA regulations that is longitudinally centered on the extended centerline at each end of Runways 10R-28L, 10L-28R, 18-36, whose inner edge is at the same width and elevation as, and coincides with, the end of the Primary Surfaces for Runways 10L-28R and 10R; starts at a width of 500 feet for Runway 28L and 250 feet for Runways 18-36; and that extends outward a horizontal distance of 1,000 feet expanding uniformly to a width of 700 feet for Runways 10L-28R and 28L; extends outward a horizontal distance of 1,000 feet expanding uniformly to a width of 450 feet for Runways 18-36; extends outward a horizontal distance of 2,500 feet expanding uniformly to a width of 1,750 feet for Runway 10R. . 31. Safety Zones. "Safety Zones" means the land use zones established in Section V.A. 32. School. "School" means any private or public educational institution for people in kindergarten through grade twelve (12) and any private or public day care or pre-school facility that enrolls more than fifty (50) children. 33. Slope. "Slope" means an incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. Slope = 3:1 = 3 ft. horizontal to 1 ft. vertical 34. Structure. "Structure" means anything anchored, attached, built, constructed, erected, gathered, located, placed, or piled on the ground or in or over a water body, whether temporary or permanent, moveable or immovable, including antennae, buildings, canopies, cranes, decks, derricks, docks, edifices, equipment, fences, overhead transmission lines, patios, piers, piles, ponds, posts, roadways, signs, smokestacks, towers, utility poles, wires, and anything attached to any of the foregoing either temporarily or permanently. 35. Tree. "Tree" means any object of natural growth. 36. Zoning Administrator. "Zoning Administrator" means the public official in each affected municipality and at the Metropolitan Airports Commission as set forth in Section XII.B. FCM Zoning Ordinance Page 6 B. Rules Of Construction. In the construction of this FCM Zoning Ordinance, the following rules shall be observed and applied, except where the context clearly indicates otherwise. 1. Computing Time. In computing the period of time within which an act is to be done, the first calendar day from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. 2. Conflicts Between Ordinance Provisions. If a provision of this FCM Zoning Ordinance conflicts with any other provision of this FCM Zoning Ordinance, the more restrictive provision shall prevail. 3. Height. "Height" shall be expressed as elevation in feet above Mean Sea Level, North American Vertical Datum, 1988 Adjustment, except in reference to maximum construction height without an Airport Zoning Permit when it shall be expressed as distance in feet above curb level or above natural grade, as the context and Section IX.B.1. require, or as distance in feet above ground shown on the Maximum Construction Heights Without Permit Plates in the FCM Zoning Map. 4. Including, Not Limited To. The word "including" means including but not limited to. 5. Land To Include Water Surfaces And Bodies. The word "land" shall include water bodies and surfaces for the purpose of establishing Airspace Zones and Safety Zones. 6. May, Permissive. The word "may" is permissive. 7. Shall, Mandatory. The word "shall" is mandatory and not discretionary. 8. Singular And Plural. The singular shall include the plural, and the plural the singular. 9. Tense. The present tense shall include the future. SECTION IV. AIRSPACE OBSTRUCTION ZONING A. Airspace Surfaces And Zones. In order to carry out the purpose of this FCM Zoning Ordinance as set forth in Section I., the following Airspace Surfaces and Airspace Zones are hereby established, subject to the airspace zoning limits in Section VI.A. FCM Zoning Ordinance Page 7 1. Primary Surface. An imaginary surface longitudinally centered on each Runway extending two hundred (200) feet beyond each end of Runways 10L-28R, 10R-28L, 18- 36, and having a width of five hundred (500) feet for Runways 10L-28R, and 18-36 and one thousand (1,000) feet for Runway 10R-28L. The elevation of any point on the Primary Surface is the same as the elevation of the nearest point on the Runway centerline. 2. Primary Zone. All that land which lies directly under a Primary Surface. 3. Horizontal Surface. An imaginary surface that is one thousand fifty-six (1,056) feet above mean sea level, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the Primary Surface of each Runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is five thousand (5,000) feet for Runways 18-36 and ten thousand (10,000) feet for Runways 10L-28R and 10R-28L. 4. Horizontal Zone. All that land which lies directly under the Horizontal Surface. 5. Conical Surface. An imaginary surface extending upward and outward from the periphery of the Horizontal Surface at a Slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet as measured radially outward from the periphery of the Horizontal Surface. 6. Conical Zone. All that land which lies directly under the Conical Surface. 7. Precision Instrument Approach Surface. An imaginary surface longitudinally centered on the extended centerline at the end of Runway 10R. The inner edge of this surface is at the same width and elevation as, and coincides with, the end of the Primary Surface. This surface inclines upward and outward at a Slope of fifty (50) to one (1) for a horizontal distance of ten thousand (10,000) feet expanding uniformly to a width of four thousand (4,000) feet, then continues upward and outward for an additional horizontal distance of forty thousand (40,000) feet at a Slope of forty (40) to one (1) expanding uniformly to an ultimate width of sixteen thousand (16,000) feet. 8. Precision Instrument Approach Zone. All that land which lies directly under a Precision Instrument Approach Surface. FCM Zoning Ordinance Page 8 9. Approach Surface. An imaginary surface longitudinally centered on the extended centerline at each end of Runways 10L-28R, 28L and 18-36. The inner edge of this surface is at the same width and elevation as, and coincides with, the end of the Primary Surface. For Runways 10L-28R, 28L, this surface inclines upward and outward at a Slope of thirty-four (34) to one (1) for a horizontal distance of ten thousand (10,000) feet expanding uniformly to a width of three thousand five hundred (3,500) feet. For Runway 18-36, this surface inclines upward and outward at a Slope of twenty (20) to one (1) for a horizontal distance of five thousand (5,000) feet expanding uniformly to a width of or one thousand two hundred and fifty (1,250) feet for Runway 18 and two thousand (2,000) feet for Runway 36. 10. Approach Zone. All that land which lies directly under an Approach Surface. 11. Transitional Surface. An imaginary surface extending upward and outward at right angles to the centerline and extended centerline of Runways 10L-28R, 10R-28L, 18-36 at a Slope of seven (7) to one (1) from both sides of each Primary Surface and from both sides of each Precision Instrument Approach Surface for 1OR and the Approach Surfaces of 10L-28R, 28L, and 18-36 until it intersects the Horizontal Surface or the Conical Surface. 12. Transitional Zone. All that land which lies directly under a Transitional Surface. B. Height Restrictions: Except as otherwise provided in this FCM Zoning Ordinance, and except as necessary and incidental to Airport operations, the following height restrictions shall apply. Where a Lot is beneath more than one Airspace Surface, the height of the more restrictive (lower) Airspace Surface shall control. 1. Structures. No new Structure shall be constructed or established; and no existing Structure shall be altered, changed, rebuilt, repaired, or replaced in any Airspace Zone so as to project above any Airspace Surface. Nor shall any equipment used to accomplish any of the foregoing activities be allowed to project above any Airspace Surface. 2. Trees. No Tree shall be allowed to grow or be altered, repaired, replaced, or replanted in any Airspace Zone so as to project above any Airspace Surface. Nor shall any FCM Zoning Ordinance Page 9 equipment used to accomplish any of the foregoing activities be allowed to project above any Airspace Surface. a. Public Nuisance; Order. If the whole or any part of any tree shall be determined to be an airport hazard by the FAA, or any successor entity, after proper investigation. the Metropolitan Airports Commission's Executive Director or his designee may issue an order in writing for the owner or owners, agent or occupant of the property upon which such hazardous tree is located, to forthwith cause such hazardous tree, or portion thereof if the removal of a portion will remove the hazard, to be taken down and removed; such order to be mailed to the last known address of such owner, agent or occupant. b. Removal. If within ten (10) days after said order has been mailed, as above provided for, the owner or owners, agent or occupant of the property upon which such hazardous tree is located neglects or refuses to comply with said order, or has failed to file a notice of appeal from said order with said Executive Director, then said Executive Director or his designee(s) may enter upon said premises and take down or remove said tree or portion thereof declared to be hazardous, and to do any and all things which in his opinion may be necessary for the protection of life, limb or property. c. Assessment of Expense. If, after the notice hereinbefore provided for has been given, the owner, agent or occupant has failed to remove such hazardous tree or portion thereof, and it becomes necessary for the Metropolitan Airports Commission to remove same, said Executive Director or his designee shall mail a statement of the expense of such removal to the owner, agent or occupant of the property from which such tree or portion thereof has been removed, and if within thirty (30) days therefrom the owner, agent or occupant has not remitted to the Commission for the expense incurred by the Commission in said removal, the Executive Director or his designee may forthwith recover the amount of such expense from the owner or owners of said property in any civil court of competent jurisdiction, in the manner provided by law. FCM Zoning Ordinance Page 10 SECTION V. LAND USE SAFETY ZONING A. Safety Zones. In order to carry out the purpose of this FCM Zoning Ordinance, as set forth in Section I., the following Safety Zones are hereby established, subject to the safety zoning limits in Section VI.B. 1. Safety Zone A. All land in that portion of the Precision Instrument Approach Zones of Runways 1OR and the Approach Zones of 10L-28R, 18-36, and 28L, beginning at, and coinciding with, the end of the Primary Surfaces for Runways 10R, 10L-28R; and that extends outward a horizontal distance of 1,000 feet expanding uniformly to a width of 700 feet for Runways 10L, 28L and 28R starting at a width of 500 feet for Runway 28L; extends outward a horizontal distance of 2,500 feet expanding uniformly to a width of 1,750 feet for Runway 10R; and that starts at a width of 250 feet and extends outward a horizontal distance of 1,000 feet expanding uniformly to a width of 450 feet for Runways 18-36 (which is coincident with the Runway Protection Zone). 2. Safety Zone B. All land in that portion of the Precision Instrument Approach Zone of Runway 1OR and Approach Zone of Runway 28L beginning at and coinciding with the Primary Surface of the Runway at a width of 1,000 feet, extending outward a distance of five thousand (5,000) feet and expanding uniformly to an ultimate width of two thousand five hundred (2,500) feet, less the area encompassing State Safety Zone A (RPZ); and is all land in that portion of the Approach Zone of Runway 10L and Runway 28R beginning at and coinciding with the Primary Surface of the Runway, extending outward a distance of three thousand nine hundred (3,900) feet and expanding uniformly to an ultimate width of one thousand six hundred seventy (1,670) feet less the area encompassing State Safety Zone A (RPZ); and is all land in that portion of the Approach Zone of Runways 18-36 beginning at and coinciding with the end of the Primary Surface of the Runway at a width of 500 feet, extending outward a distance of two thousand eight hundred (2,800) feet and expanding uniformly to an ultimate width of one thousand three hundred forty (1,340) feet less the area encompassing State Safety Zone A (RPZ). 3. Safety Zone C. All land enclosed within the perimeter of the Horizontal Zone, except that land within Safety Zone A and Safety Zone B. FCM Zoning Ordinance Page 11 B. Land Use Restrictions I. General Restrictions. Subject at all times to the height restrictions set forth in Section IV.B., no use shall be made of any land in any of the Safety Zones that creates or causes interference with the operations of radio or electronic facilities on the Airport or with radio or electronic communications between Airport and aircraft, makes it difficult for pilots to distinguish between Airport lights and other lights, results in glare in the eyes of pilots using the Airport, impairs visibility in the vicinity of the Airport, or otherwise endangers the landing, taking off, or maneuvering of aircraft. 2. Safety Zone A Restrictions. Subject at all times to the height restrictions set forth in Section IV.B. and to the general restrictions contained in Section V.B.1., areas designated as Safety Zone A for each end of Runways 10R-28L, 10L-28R, 18-36 shall contain no Structures or Trees, except Structures related to Airport operations or air navigation as allowed in a Runway Protection Zone by Federal laws and regulations or by FAA advisory circulars shall be permitted. 3. Safety Zone B Restrictions. Subject at all times to the height restrictions in Section IV.B. and to the general restrictions in Section V.B.1., all land uses shall be permitted in Safety Zone B for each end of Runways 10R-28L, 10L-28R, 18-36, except for the following uses which shall be specifically prohibited: amphitheaters, campgrounds, churches, fuel storage tank farms and Above-ground Fuel Tanks, gasoline stations, hospitals, Nursing Homes, residential uses (including low, medium, and high density residential uses), Schools, stadiums, theaters, trailer courts, and ponds or other uses that might attract waterfowl or other birds such as putrescible waste disposal operations, wastewater treatment facilities and associated settling ponds, and dredge spoil containment areas; provided, however, the prohibition on ponds or other uses that might attract waterfowl or other birds shall not apply to areas below an elevation of eight hundred sixty five (865) feet above mean sea level along any Bluff of the Minnesota River. In Safety Zone B for each end of Runways 10R-28L, 10L-28R, 36-18, a minimum of 20% of the total Zone B acreage or 20 acres, whichever is greater, shall be maintained as contiguous open space. FCM Zoning Ordinance Page 12 4. Safety Zone C Restrictions. No land use in Safety Zone C shall violate the height restrictions set forth in Section IV.B. or the general restrictions contained in Section V.B.1. 5. Permitted Residential Areas a. Property located in the permitted Residential Areas shall be subject to the height restrictions of Section IV.B. and the general restrictions of Section V.B.1. but shall not be subject to the Safety Zone A restrictions of Section V.B.2. or the Safety Zone B restrictions of Section V.B.3. In addition, such Structure, Lot, or use shall be deemed a conforming use that shall not be prohibited under this FCM Zoning Ordinance. b. In Safety Zone B in Permitted Residential Areas, existing low, medium, and high density residential uses may be improved and expanded, and new low, medium, and high density residential uses may be developed, all subject to the height restrictions of Section IV.B. and the general restrictions of Section V.B.1. c. Land uses in Permitted Residential Areas that violate any of the following restrictions are prohibited as safety hazards and must be acquired, altered, or removed at public expense: i. any Structure which a Person customarily uses as a principal residence and which is located entirely inside Safety Zone A within 1,000 feet of the end of a Primary Zone; ii. any Structure which a Person customarily uses as a principal residence and which is located entirely within Safety Zones A or B and which penetrates a Precision Instrument Approach Surface; iii. any land use in Safety Zone A or B which violates any of the following standards: (1) the land use must not create or cause interference with the operation of radio or electronic facilities on the Airport or with radio or electronic communications between the Airport and aircraft; (2) the land use must not make it difficult for pilots to distinguish between Airport lights and other lights; or (3) the land use must not result in glare in the eyes of pilots using the Airport or impair visibility in the vicinity of the Airport; FCM Zoning Ordinance Page 13 iv. any isolated Low Density Residential Lot on which any Structure, if built, would be prohibited by Section V.B.5.c., subsections i., ii., or iii.; and v. any other land use that the Commissioner determines, pursuant to Minnesota Rules 8800.2400, subp. 6.E.(5)(e), constitutes a material danger to the landing, taking off, or maneuvering of aircraft or to the safety of Persons on the ground. SECTION VI. AIRPORT ZONING LIMITS AND FCM ZONING MAP A. Airspace Zoning Limits. No Airspace Zone shall extend more than two miles from the Airport Boundary under the Precision Instrument Approach Surfaces or more than one and one-half miles from the Airport Boundary outside the Precision Instrument Approach Surfaces. Exhibit D — Airport Boundary and Airspace Zoning Limits and Exhibit E — Airport Boundary and Airspace Contours, attached hereto and made a part hereof, show these limits. B. Safety Zoning Limits. The Safety Zoning Limits shall not extend beyond one (1) mile from the airport boundary. Safety Zone B will define the extent of the zoning limits in areas where Safety Zone B extends beyond one (1) mile from the airport boundary. Exhibit F — Airport Boundary and Safety Zoning Limits, attached hereto and made a part hereof, shows these limits. C. FCM Zoning Map. The locations and boundaries of the Airspace Surfaces, Airspace Zones, and Safety Zones and the maximum construction heights without an Airport Zoning Permit established by this FCM Zoning Ordinance are set forth on the Flying Cloud Airport Zoning Map consisting of seventy-nine (72) plates — Airspace Zones, Plates A-1 to A-24; Safety Zones, Plates SZ-1 to SZ-24; and Maximum Construction Heights Without Permit, Plates MCH-1 to MCH-24 prepared by the Metropolitan Airports Commission, attached hereto and made a part hereof. These plates, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, heights, data, surface and zone boundaries, and other information thereon, shall be and the same are hereby adopted as part of this FCM Zoning Ordinance. FCM Zoning Ordinance Page 14 SECTION VII. NONCONFORMING USES A. FCM Zoning Ordinance. The provisions of this FCM Zoning Ordinance shall not be construed to require the removal, lowering, other change, or alteration of any Structure, or otherwise interfere with the continuance of any Nonconforming Use in existence but not conforming to the provisions of this FCM Zoning Ordinance on the Effective Date. Nothing herein contained shall require any change in the construction, alteration, or intended use of any Structure, the construction or alteration of which was begun prior to the Effective Date, and was diligently prosecuted and completed within two (2) years of the Effective Date. SECTION VIII. AIRPORT ZONING PERMITS A. Permit Required. The following activities shall not take place on a Lot in any Airspace Zone or Safety Zone unless an Airport Zoning Permit shall have been granted therefore by the Zoning Administrator for the jurisdiction in which the Lot is located. 1. Existing Structures. Except as specifically provided in Section IX.B., no existing Structure shall be altered, changed, rebuilt, repaired, or replaced. 2. New Structures. Except as specifically provided in Section IX.B., no Structure shall be newly constructed or otherwise established. 3. Nonconforming Structures. No nonconforming Structure shall be altered, changed, rebuilt, repaired, or replaced. 5. Nonconforming Use. No Nonconforming Use shall be changed or converted to another Nonconforming Use. B. Exception To Permit Requirement. 1. Maximum Construction Height Without A Permit. No Airport Zoning Permit shall be required for an existing Structure to be altered, changed, rebuilt, repaired, or replaced on a Lot or for a new Structure to be constructed or otherwise established on a Lot, if the highest point on the Structure or on any equipment used to accomplish any of the foregoing activities, whichever is higher, measured in feet from curb level or from natural grade at a point ten (10) feet away from the front center of the Structure, whichever is lower, does not exceed the maximum construction height above ground FCM Zoning Ordinance Page 15 without an Airport Zoning Permit shown for the Lot on the applicable Maximum Construction Heights Without Permit Plate in the FCM Zoning Map. The permitting process will require an FAA 7460 Obstruction Evaluation for all structures with proposed heights in excess of the maximum allowable construction height with out a permit. 2. No Violation Of Height Or Land Use Restriction Permitted. Nothing in this Section IX.B. shall be construed as permitting or intending to permit a violation or a greater violation of any provision of this FCM Zoning Ordinance. C. Permit Application. An Airport Zoning Permit application for activities on a Lot shall be made in the manner and on the form established by the Zoning Administrator of the jurisdiction in which the Lot is located as designated in Section XII.B. D. Permit Standard. An Airport Zoning Permit shall be granted unless the Zoning Administrator determines that granting the permit (1) would allow a conforming Structure or use to violate any provision of this FCM Zoning Ordinance or (2) would permit a nonconforming Structure or a Nonconforming Use to become a greater violation of any provision of this FCM Zoning Ordinance. Any Airport Zoning Permit granted may be granted subject to any reasonable conditions that the Zoning Administrator may deem necessary to effectuate the purpose of this FCM Zoning Ordinance. In making any determination, the Zoning Administrator need not give public notice of, or hold a public hearing on, the Airport Zoning Permit application or the determination. E. Abandoned Or Deteriorated Nonconforming Uses. Whenever a Zoning Administrator determines that a nonconforming Structure has been abandoned or more than eighty percent (80%) torn down, deteriorated, or decayed, no Airport Zoning Permit shall be granted that would allow such Structure to exceed the height restrictions of Section IV.B. or otherwise violate any provision of this FCM Zoning Ordinance. Whether application is made for an Airport Zoning Permit or not, a Zoning Administrator may order the owner of a nonconforming Structure, at the owner's expense, to lower, remove, reconstruct, or equip the same in the manner necessary to conform to the provisions of this FCM Zoning Ordinance. In the event the owner of the nonconforming Structure shall neglect or refuse to comply with such order for ten (10) days after receipt of written notice of such order, the Zoning Administrator may, by appropriate legal action, proceed to have the nonconforming Structure lowered, removed, FCM Zoning Ordinance Page 16 reconstructed, or equipped and assess the cost and expense thereof against the land on which the Structure is, or was, located. Unless such an assessment is paid within ninety (90) days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of eight percent (8%) per annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes, all as authorized by Minnesota Statutes § 360.067. SECTION IX. VARIANCES A. FAA 7460 Obstruction Evaluation. Any proposed structure with a height in excess of the maximum allowable building height without a permit that has been analyzed by the FAA as part of a 7460 Obstruction Evaluation and has been determined by the FAA not to be a hazard to air navigation and not requiring changes to airport or aircraft operations will not require a variance. B. Variance Application. Any Person desiring to construct or establish a new Structure; to alter, change, rebuild, repair, or replace an existing Structure; to allow a Tree to grow higher; to alter, repair, replace, or replant a Tree; or to use his or her property in violation of any provision of this FCM Zoning Ordinance may apply to the Board of Adjustment for a variance from such provision. A variance application shall be made by sending the application on the form provided by the Board of Adjustment by certified United States Mail to (1) the members of the Board of Adjustment and (2) the Board of Adjustment at the mailing address specified in Section XIII.C. The applicant shall also mail a copy of the application by regular United States Mail to the Zoning Administrator of the jurisdiction in which the Structure or property is located, as designated in Section XII.B. The Board of Adjustment may charge a fee for processing the application. C. Failure Of Board To Act. If the Board of Adjustment fails to grant or deny the variance within four (4) months after the last Board member receives the variance application, the variance shall be deemed to be granted by the Board of Adjustment, but not yet effective. When the variance is granted by reason of the failure of the Board of Adjustment to act on the variance, the Person receiving the variance shall send notice that the variance has been granted by certified United States Mail to (1) the Board of Adjustment at the mailing address specified in Section XIII.C. and (2) the Commissioner. The applicant shall include a copy of FCM Zoning Ordinance Page 17 the original application for the variance with the notice to the Commissioner. The variance shall be effective sixty (60) days after this notice is received by the Commissioner, subject to any action taken by the Commissioner pursuant to Minnesota Statutes § 360.063, subd. 6.a. D. Variance Standard. A variance shall be granted where it is found that a literal application or enforcement of the provisions of this FCM Zoning Ordinance would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this FCM Zoning Ordinance and Minnesota Statutes Chapter 360. Any variance granted may be granted subject to any reasonable conditions that the Board of Adjustment, or the Commissioner acting under Section XI.B., may deem necessary to effectuate the purpose of this FCM Zoning Ordinance. SECTION X. HAZARD MARKING AND LIGHTING A. Nonconforming Uses. The owner of any nonconforming Structure is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by a Zoning Administrator to indicate to the operators of aircraft in the vicinity of the Airport the presence of such Airport Hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Metropolitan Airports Commission. B. Permits And Variances. Any Airport Zoning Permit or variance granted by a Zoning Administrator or the Board of Adjustment may, if such action is deemed advisable to effectuate the purpose of this FCM Zoning Ordinance and be reasonable in the circumstances, be granted subject to a condition that the owner of the Structure in question, at the owner's expense, install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an Airport Hazard. SECTION XI. ZONING ADMINISTRATOR A. Duties. It shall be the duty of each Zoning Administrator to administer and enforce the provisions of this FCM Zoning Ordinance. Applications for Airport Zoning Permits shall be made to a Zoning Administrator as provided herein. A Zoning Administrator may charge a fee FCM Zoning Ordinance Page 18 for processing the application. Airport Zoning Permit applications shall be considered and acted upon by the Zoning Administrator in accordance with the provisions of this FCM Zoning Ordinance and within the timelines established by Minnesota Statutes § 15.99, as it may be amended. The Zoning Administrator shall remind each applicant that it is the responsibility of the applicant to record any conditions of an Airport Zoning Permit, if required by law. B. Designated Zoning Administrators. For the purpose of this FCM Zoning Ordinance, the Zoning Administrator shall be the official entitled as follows: the Eden Prairie Zoning Administrator for lands located in the City of Eden Prairie; thc Bloomington Zoning Administrator for lands locatcd in thc City of Bloomington; the Shakopee Zoning Administrator for lands located in the City of Shakopee; and the Chanhassen Zoning Administrator for lands located in the City of Chanhassen; and thc Exccutivc Dircctor, Mctropolitan Airports Commission, (or his or her dcsigncc) for unincorporatcd lands locatcd in Hcnncpin County. In the event that one (1) or more of the above described Zoning Administrators does not administer this FCM Zoning Ordinance, the Flying Cloud Airport Joint Airport Zoning Board hereby appoints the Executive Director, Metropolitan Airports Commission, (or his or her designee) to administer this FCM Zoning Ordinance in the municipality or municipalities. If any official position designated above as a Zoning Administrator ceases to exist or to perform or serve its present function, the successor position as designated by the applicable entity shall become the Zoning Administrator for that entity and shall perform or serve such functions. SECTION XII. BOARD OF ADJUSTMENT A. Establishment Of Board And Selection Of Chair. There is hereby established a Board of Adjustment that shall consist of five (5) members appointed by the Metropolitan Airports Commission, and each shall serve for a term of three (3) years and until a successor is duly appointed and qualified. Of the members first appointed, one (1) shall be appointed for a term of one (1) year, two (2) for a term of two (2) years, and two (2) for a term of three (3) years. Upon their appointment, the members shall select a chair to act at the pleasure of the Board of Adjustment. Members shall be removable by the Metropolitan Airports Commission for cause, upon written charges, after a public hearing. FCM Zoning Ordinance Page 19 B. Board Powers. The Board of Adjustment shall have the power to hear and decide appeals from any order, requirement, decision, or determination made by any Zoning Administrator or the Metropolitan Airports Commission's Executive Director in the enforcement of this FCM Zoning Ordinance and to hear and grant or deny variances. C. Board Procedures 1. Rules, Meetings, And Records. The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this FCM Zoning Ordinance. Meetings of the Board of Adjustment shall be held at the call of the chair and at such other times as the Board of Adjustment may determine. The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the offices of the Executive Director, Metropolitan Airports Commission, and the Zoning Administrator of the jurisdiction in which the affected Structure or Lot is located. 2. Written Findings And Conclusions. The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in affirming, modifying, or reversing an order, requirement, decision, or determination of a Zoning Administrator or the Metropolitan Airports Commission's Executive Director and in granting or denying a variance. 3. Majority Vote Required. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to affirm, modify, or reverse an order, requirement, decision, or determination of a Zoning Administrator or the Metropolitan Airports Commission's Executive Director, to decide to grant or deny a variance, or to act on any other matter upon which the Board of Adjustment is required to pass under this FCM Zoning Ordinance. FCM Zoning Ordinance Page 20 4. Mailing Address. The mailing address for the Board of Adjustment is: FCM Zoning Ordinance Board of Adjustment cio Executive Director Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, MN 55450 SECTION XIII. APPEALS A. Who May Appeal. Any Person aggrieved, or any taxpayer affected by any order, requirement, decision, or determination of a Zoning Administrator made in administration of this FCM Zoning Ordinance may appeal to the Board of Adjustment. Such appeals may also be made by any governing body of a municipality or county, or any joint airport zoning board, which is of the opinion that an order, requirement, decision, or determination of a Zoning Administrator is an improper application of this FCM Zoning Ordinance as it concerns such governing body or board. B. Commencement Of Appeals. All appeals hereunder must be commenced within thirty (30) days of a Zoning Administrator's decision by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment the notice of appeal and all papers constituting the record upon which the order, requirement, decision, or determination appealed from was taken. C. Stay Of Proceedings. An appeal shall stay all proceedings in furtherance of the order, requirement, decision, or determination appealed from, unless the Zoning Administrator certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the Zoning Administrator and on due cause shown. D. Appeal Procedures. The Board of Adjustment shall fix a reasonable time for hearing an appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in Person, by agent, or by attorney. FCM Zoning Ordinance Page 21 E. Decision. The Board of Adjustment may, in conformity with the provisions of this FCM Zoning Ordinance, affirm or reverse, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances and, to that end, shall have all the powers of a Zoning Administrator. SECTION XIV. JUDICIAL REVIEW Any Person aggrieved, or any taxpayer affected by, any decision of the Board of Adjustment, or any governing body of a municipality or county, or any joint airport zoning board, which is of the opinion that an order, requirement, decision, or determination of the Board of Adjustment is illegal, may seek judicial review as provided in Minnesota Statutes § 360.072. The petitioner must exhaust the remedies provided in this FCM Zoning Ordinance before availing himself or herself of the right to seek judicial review as provided by this Section XV. SECTION XV. PENALTIES AND OTHER REMEDIES Every Person who violates any provision of this FCM Zoning Ordinance, any zoning approval granted hereunder, any condition of any zoning approval granted hereunder, or any order, requirement, decision, or determination of a Zoning Administrator or the Board of Adjustment shall be guilty of a misdemeanor and shall be punished by a fine, imprisonment, or both of not more than the fine and imprisonment established for misdemeanors by state law. Each day a violation continues to exist shall constitute a separate offense for purpose of the penalties and remedies specified in this section. This FCM Zoning Ordinance may also be enforced through such proceedings for injunctive relief and other relief as may be proper under Minnesota Statutes § 360.073, as it may be amended, and other applicable law. SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES A. Compliance Required. In addition to the requirements of this FCM Zoning Ordinance, all Structures, Trees, and uses shall comply with all other applicable city, local, regional, state, or federal laws, regulations, and rules, including Minnesota Statutes §§ 360.81-360.91 — Regulation Of Structure Heights, Minnesota Rules 8800.1100 — Regulation Of Structure Heights, and 14 Code of Federal Regulations Part 77 — Objects Affecting Navigable Airspace. FCM Zoning Ordinance Page 22 B. Conflicts With Other Regulations. Where a conflict exists between any provision of this FCM Zoning Ordinance and any city, local, regional, state, or federal law, regulation, or rule applicable to the same area, whether the conflict be with respect to the height of Structures or Trees, the use of land, or any other matter, the more stringent law, regulation, or rule shall govern and prevail. C. Current Versions And Citations. All references to city, local, regional, state, and federal laws, regulations, and rules in this FCM Zoning Ordinance are intended to refer to the most current version and citation. If such references are no longer valid due to repeal or renumbering, the new laws, regulations, or rules intended to replace those cited, regardless of the citation, shall govern. SECTION XVII. SEVERABILITY A. Effect Of Taking. In any case in which the provisions of this FCM Zoning Ordinance, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular Structure, Lot , or Tree to such an extent, or to be so onerous in their application to such a Structure, Lot, or Tree, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of this FCM Zoning Ordinance as to other Structures, Lots, and Trees, and, to this end, the provisions of this FCM Zoning Ordinance are declared to be severable. B. Validity Of Remaining Provisions. Should any section or provision of this FCM Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this FCM Zoning Ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid. SECTION XVIII. EFFECTIVE DATE This FCM Zoning Ordinance shall take effect on the day of , 2010. Copies thereof shall be filed with the Commissioner and the Registers of Deeds for Hennepin County, Minnesota. Passed and adopted after public hearings by the Flying Cloud Airport Joint Airport Zoning Board this day of , 2010. FCM Zoning Ordinance Page 23 I hereby certify that this is a complete, true, and correct copy of the Flying Cloud Airport Zoning Ordinance as adopted by the Flying Cloud Airport Joint Airport Zoning Board on , 2010. Jenn Felger, Secretary Flying Cloud Airport Joint Airport Zoning Board Date: , 2010 Subscribed and sworn to before me this day of , 2010 by Jenn Felger, Secretary of the Flying Cloud Airport Joint Airport Zoning Board. Notary Public FCM Zoning Ordinance Page 24 11-06-09 DRAFT INDEMNIFICATION AND COOPERATION AGREEMENT REGARDING THE FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD AND THE FLYING CLOUD AIRPORT ZONING ORDINANCE This Agreement is made this day of , 2009, by and between the Metropolitan Airports Commission ("MAC"), the Cities of Eden Prairie, Bloomington, Chanhassen, and Shakopee (collectively "the Cities") and Rick King, an individual ("Mr. King"). RECITALS A. The parties to this Agreement are all of the members of the Flying Cloud Airport Joint Airport Zoning Board ("the JAZB") formed pursuant to the authority of Minn. Stat. § 360.063. Mr. King was appointed by the other members as Chair of the Board pursuant to the authority of Minn. Stat. § 360.063, subd. 3(b). B. Under the provisions of the Ordinance, an employee of each of the Cities is designated as the Zoning Administrator who is responsible for administering and enforcing the Ordinance for lands located within each respective City. C. The JAZB is considering adoption of an Ordinance ("the Ordinance") that, if formally proposed by the JAZB, must be approved by the Commissioner of the Minnesota Department of Transportation ("the Commissioner") and adopted by the JAZB before it becomes effective. D. If the Ordinance is adopted by the JAZB in a form acceptable to MAC, MAC desires that each of the Cities amend its respective comprehensive plan and zoning code to require compliance with the Ordinance as an appendix to its zoning code. MAC also desires that an employee of each City act as the Zoning Administrator to administer and enforce the Ordinance within its respective boundaries. E. The Cities are willing to amend their respective comprehensive plans and zoning codes and to administer and enforce the Ordinance within their respective boundaries. The Cities desire, however, to be protected against possible legal liability that may arise from their doing so. F. Mr. King desires to be protected against possible legal liability that may arise from serving as Chair of the Board, from actions taken by the Board and by actions taken by the Cities to amend their respective comprehensive plans and zoning codes and to administer the Ordinance. AGREEMENT In consideration of the mutual promises and consideration set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Adoption Of Ordinance And Effectiveness: After the second public hearing on the Ordinance, the JAZB shall send its proposed final version of the Ordinance to MAC. The MAC Board of Commissioners shall either approve the proposed final draft or respond by stating the changes to the Ordinance needed for this Agreement to be acceptable to the MAC. If the JAZB changes the Ordinance as set forth by the MAC Board of Commissioners and adopts the Ordinance as changed, and if such Ordinance is acceptable to the Commissioner of the Minnesota Department of Transportation, this Agreement shall become effective immediately; provided it has been executed by MAC and the Cities. Page 2 of 12 2. Indemnification Of Cities: In consideration of a City's (i) amendment of its comprehensive plan to show the areas affected by the Ordinance and to guide land uses in those areas in conformance with the Ordinance, (ii) amendment of its zoning code to incorporate therein a provision requiring compliance with the Ordinance and to add thereto as an appendix the Ordinance and (iii) designation of one of its employees to act as the Zoning Administrator to administer and enforce the Ordinance within the City's boundaries, MAC agrees that, subject to the other provisions of this Agreement, it will indemnify and hold harmless: a. the City; b. any person who serves or has served as the City's representative at meetings of the JAZB; and c. any officer, employee or agent of the City, other than an attorney employed or retained by the City, who may hereafter be responsible for or participate in administering or enforcing the Ordinance within the City's boundaries, (collectively, "Indemnified Parties" and individually "an Indemnified Party") from and against any and all losses, liabilities, obligations, costs, expenses, judgments, settlements or other damages (including reasonable attorneys' fees and expenses and reasonable costs of investigating or defending any claim, action, suit or proceeding or of avoiding the same or the imposition of any judgment or settlement) suffered by the Indemnified Party resulting from or arising out of any act of that Indemnified Party in connection with the consideration and adoption of the Ordinance by the JAZB, the amendment of its comprehensive plan to show the areas Page 3 of 12 affected by the Ordinance and to guide land uses in those areas in conformance with the Ordinance, the amendment of its zoning code to require compliance with the Ordinance, the incorporation of the Ordinance as an appendix to its zoning code and administration or enforcement of the Ordinance by the City. 3. Indemnification Of Mr. King: In consideration of Mr. King's service as the Chair of the JAZB, MAC agrees that, subject to the other provisions of this Agreement, it will indemnify and hold harmless Mr. King from and against any and all losses, liabilities, obligations, costs, expenses, judgments, settlements or other damages (including reasonable attorneys' fees and expenses and reasonable costs of investigating or defending any claim, action, suit or proceeding or of avoiding the same or the imposition of any judgment or settlement) suffered by Mr. King resulting from or arising out of any act of Mr. King as Chair of the JAZB, in connection with the consideration and adoption of the Ordinance by the JAZB or out of the acts of the Cities to amend their comprehensive plans to show the areas affected by the Ordinance and to guide land uses in those areas in conformance with the Ordinance, to amend their zoning codes to require compliance with the Ordinance, to incorporate the Ordinance as an appendix to their zoning codes or to administer or enforce the Ordinance. Therefore, for the purposes of this Agreement, Mr. King shall also be an Indemnified Party. 4. Limitations And Exclusions: MAC will not indemnify an Indemnified Party with respect to liabilities or costs resulting from or arising out of: a. a failure by the Indemnified Party or an official, employee or agent of the Indemnified Party to follow the procedures established by the Ordinance, by the Page 4 of 12 comprehensive plan or zoning code of the respective City or by applicable state law in performing any act as to which indemnification would otherwise be available under this Agreement; b. the gross negligence or willful misconduct of an Indemnified Party or an official, employee or agent of that Party in performing any of the acts as to which indemnification would otherwise be available under this Agreement; c. actions involving self-dealing or conflict of interest by the Indemnified Party or an official, employee or agent of that Party; or d. actions of any individual (whether or not that individual is an Indemnified Party) not performed in an official capacity as a representative of the City of which the individual is an official, employee or agent and in direct performance of the individual's duties. 5. Notice Of Claim: If an Indemnified Party receives notice of a claim or of the commencement of an action or proceeding with respect to which the Party believes MAC is required by this Agreement to provide indemnification ("Claim"), the Party must give written notice thereof to MAC within 21 calendar days if the Claim is not asserted in a formal complaint in a legal proceeding, or within 10 calendar days if the Claim is asserted in such a formal complaint ("Notice of Claim"). The failure to give Notice of Claim within the time specified in this section shall relieve MAC of its obligations under this Agreement if in MAC's reasonable judgment the failure is materially prejudicial to MAC's ability to negotiate, settle or defend the Claim. Page 5 of 12 6. Assumption Or Rejection Of Defense: Within 10 days after receiving a Notice of Claim in accordance with section 5 of this Agreement, MAC must notify the Indemnified Party providing the Notice of Claim either: a. that MAC will assume complete control of the negotiation, settlement and defense of the Claim and will be responsible for the entire amount of any costs incurred in negotiating, settling and defending the Claim, including any amount required to be paid in settlement of the Claim or in satisfaction of a final judgment, after the conclusion of any appeals, in a lawsuit based on the Claim. MAC must also notify the Indemnified Party of the name and address of the counsel whom it has assigned or retained to perform MAC's duties under this section. Thereafter, except with the consent of the Indemnified Party, MAC may not enter into any settlement of the Claim that does not include, as an unconditional term of such settlement, receipt from the claimant of an unconditional release to the Indemnified Party from all liability with respect to such Claim; or b. that the Claim is not a claim for which indemnification is required under this Agreement and that MAC therefore declines to provide indemnification. In such a case, the Indemnified Party may itself control the negotiation, settlement and defense of the Claim at its own expense and may select counsel of its own choice for that purpose, and MAC must cooperate with the Indemnified Party in the respects described in sections 7.a, 7.b and 7.c of this Agreement as if MAC were an Indemnified Party. Page 6 of 12 7. Cooperation Of The Indemnified Party: As a condition of MAC's obligation to indemnify and hold harmless, an Indemnified Party and any City with which an individual Indemnified Party is associated: a. must make available to MAC and its counsel all of its books, records and documents that MAC or its counsel determines to be necessary for the defense of any Claim for which indemnification is sought; b. must cooperate fully with MAC to secure any information or testimony that MAC or its counsel determines to be relevant or material to the Claim; c. must execute all necessary pleadings or other documents in any litigation arising out of, or with respect to, any Claim when requested to do so by MAC or its counsel; provided however, that an Indemnified Party may have counsel of its own choice review any such pleadings or documents, provided that MAC will not be liable for any expenses relating to an Indemnified Party's consulting such separate counsel; and d. must not settle or compromise any Claim for which MAC has undertaken the Indemnified Party's defense without the prior written consent of MAC. 8. Termination Of Indemnification Obligation: MAC's obligation to provide indemnification pursuant to section 2 of this Agreement will terminate: a. as to a City and any Indemnified Party associated with that City, if the City, having amended its respective comprehensive plan and zoning code as required by section 2 of this Agreement as a condition of its becoming eligible for indemnification, thereafter further amends its comprehensive plan or zoning code so Page 7 of 12 as to change materially the provisions previously adopted pursuant to section 2 of this Agreement; b. as to any Indemnified Party, if the Indemnified Party or a City with which an individual Indemnified Party is associated fails to perform any of its obligations under section 7 of this Agreement and does not correct such failure within 30 days after being given notice by MAC that MAC will cease to provide indemnification if the failure is not corrected; c. as to any Indemnified Party, if the Indemnified Party or a City with which an individual Indemnified Party is associated fails to perform its obligations under section 5 of this Agreement and if such failure is materially prejudicial to MAC's ability to negotiate, settle or defend the Claim; or d. as to any Indemnified Party, if, after MAC has assumed responsibility for a Claim under section 6.a of this Agreement, MAC or a court or other adjudicating City subsequently determines that the Claim is of a type described in section 4 of this Agreement, as to which no indemnification is required, in which case MAC must promptly notify the Indemnified Party that it will no longer provide indemnification. MAC agrees to notify an Indemnified Party promptly if MAC determines that one of the Limitations or Exclusions in section 4 may apply. In the case of a termination pursuant to section 8.d of this Agreement, MAC shall be entitled to reimbursement of its costs incurred pursuant to section 6.a of this Agreement, and upon receipt of an itemized bill for those costs from MAC, the Indemnified Party shall promptly reimburse MAC for the billed costs. Page 8 of 12 9. Separate Representation Of Indemnified Party: If an Indemnified Party reasonably determines that there may be a conflict between the positions of MAC and the Indemnified Party in connection with the defense of a Claim, or that there may be legal defenses available to the Indemnified Party different from or in addition to those being asserted on its behalf by MAC, counsel for the Indemnified Party may conduct, at the Indemnified Party's own expense and at no expense to MAC, a defense to the extent that the Indemnified Party's counsel believes necessary to protect the Indemnified Party's interests. In any event, the Indemnified Party shall be responsible for all fees and expenses of its separate counsel arising from or related to the defense of a Claim for which MAC has assumed responsibility under section 6.a of this Agreement. 10. Resolution Of Disputes Between Parties: If a dispute arises between MAC and an Indemnified Party concerning either party's compliance with or obligations under this Agreement and the parties are unable to resolve the dispute by negotiation or other procedure (including mediation or arbitration) on which the parties may agree at the time, any lawsuit arising from the dispute must be filed in the Minnesota District Court for the Fourth Judicial District (Hennepin County). 11. Notice: Any notice, direction, or instrument to be delivered hereunder shall be in writing and shall be delivered to the following: To MAC: Metropolitan Airports Commission Attn: Thomas W. Anderson, General Counsel 6040 28th Avenue South Minneapolis, MN 55450-2779 To City of Bloomington: City of Bloomington Attn: City Manager 1800 West Old Shakopee Road Bloomington, MN 55431-3027 Page 9 of 12 To City of Chanhassen: City of Chanhassen Attn: City Manager 7700 Market Boulevard Chanhassen, MN 55317 To City of Eden Prairie: City of Eden Prairie Attn: City Manager 8080 Mitchell Road Eden Prairie, MN 55344 To City of Shakopee: City of Shakopee Attn: City Manager 129 S. Holmes Street Shakopee, MN 55379 To Rick King Rick King Executive Vice President & Chief Operations Officers Thomson Reuters—Legal 610 Opperman Drive, D5-N429 Eagan, MN 55123 Such notice shall be either (i)personally delivered (including delivery by Federal Express or other overnight courier service) to the addresses set forth above, in which case it shall be deemed delivered on the date of delivery to said offices, or (ii) sent by certified U.S. Mail, return receipt requested, in which case it shall be deemed delivered on the date shown on the receipt unless delivery is refused or delayed by the addressee, in which event it shall be deemed delivered on the 3rd business day following deposit in the U.S. Mail. Parties may change to whom notice shall be given by giving notice in accordance with this section, provided that no party may require notice to be sent to more than two addresses. Any individual who claims entitlement to indemnification under this Agreement must include with the Notice of Claim required by section 6 of this Agreement the address to Page 10 of 12 which any notice, direction or instrument under this paragraph should be delivered to that individual. 12. Captions: The section headings in this Agreement are for convenience of reference only and shall not define, limit or prescribe the scope or intent of any provision of this Agreement. 13. Construction: The rule of strict construction shall not apply to this Agreement. The Agreement shall not be interpreted in favor of or against either MAC or any Indemnified Party merely because of their respective efforts in preparing it. 14. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. 15. Complete Agreement; Amendment: This Agreement sets forth the complete agreement of the parties with respect to its subject matter. It may be amended, modified or waived as between MAC and any Indemnified Party only by a writing signed by both of them. 16. Signatures: This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, and such counterparts together shall constitute and be one and the same instrument. Each signatory below represents and warrants that he or she is expressly authorized to enter into this Agreement on behalf of the Party for which that person is signing. G:\Shared\LIBRARY\Zoning\STP JAZB\JAZB St Paul Indemnification Agreement FINAL 2009.doc Page 11 of 12 INDEMNIFICATION AND COOPERATION AGREEMENT REGARDING THE FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD AND THE FLYING CLOUD AIRPORT ZONING ORDINANCE SIGNATURE PAGE IN WITNESS WHEREOF, the undersigned have caused this Indemnification and Cooperation Agreement to be executed for . Dated: By: Title: Witness: Title: IN WITNESS WHEREOF, the undersigned have caused this Indemnification and Cooperation Agreement to be executed for . Dated: By: Title: Witness: Title: Page 12 of 12 MEMO TO: Mayor and City Council FROM: Richard F. Rosow, City Attorney RE: Indemnification Agreement and Flying Cloud Airport Zoning Ordinance DATE: May 13, 2010 I have reviewed both the Indemnification and Cooperation Agreement and the draft Flying Cloud Airport Zoning Ordinance. My comments and recommendations are set out below. INDEMNIFICATION AND COOPERATION AGREEMENT 1. The Indemnification recites that a City employee is the Zoning Administrator. The Flying Cloud Airport Zoning Ordinance allows Executive Director of MAC to administer the JAZB regulations if the Cities do not administer. Since The Board of Adjustment under the Zoning Ordinance is appointed by MAC, I am of the opinion that it is appropriate and in the City's interest that MAC act as the Administrator of the Flying Cloud Airport Zoning Ordinance. I recommend that the draft agreement be amended to provide that MAC's Executive Director is the Zoning Administrator or that the City informs MAC that it will not appoint a zoning administrator for this ordinance so that the default provision takes effect whereby the Executive Director of MAC is the zoning administrator. 2. The Indemnification states that if the Flying Cloud Zoning Ordinance is adopted by the Joint Board, then MAC desires that the each City amend its comprehensive plan and zoning code to require compliance with the Flying Cloud Airport Zoning Ordinance as an appendix to its zoning code. Doing so is actually a condition of the Indemnification. This is not required under the Flying Cloud Airport Zoning Ordinance. The City Council needs to consider whether it desire that the City do this. The Flying Cloud Airport Zoning Ordinance already contains a section on "Conflict"that provides that where a conflict exists between any provision of the Flying Cloud Airport Zoning Ordinance and any city, etc. regulation, or rule applicable to the same area, the more stringent law, regulation, or rule shall govern and prevail. I recommend that the draft agreement be revised by deleted the requirement that the Member Cities adopt the Flying Cloud Airport Zoning Ordinance and amend their comprehensive plans. 3. The Indemnification recites that in consideration of the City(i) amending its comprehensive plan, (ii) amending its zoning ordinance, and(iii) designating an employee to be the Zoning Administrator MAC agrees to indemnify the city. The City's position from the beginning is that in consideration for joining JAZB, MAC must indemnify the City. I recommend the draft agreement be revised by deleting the two stated requirements. 4. The Indemnification states MAC will not indemnify the City for liability arising from four matters. I recommend using the standard set out in Minn. Stat. Section 466.07 which requires the City to indemnify its officers and employees provided the person (1) was acting in the performance of the duties of the position; and (2) was not guilty of malfeasance in office, willful neglect of duty, or bad faith. 5. MAC inserts a short period(21 days) during which the City must give notice of a claim (other than receipt of a formal complaint for which notice must be given within 10 days). I recommend substituting for the 21 day period that notice must be given in a reasonable time. 6. The Indemnification specifies four(4) reasons for which MAC may unilaterally terminate its defense and indemnification: (i) if the City amends its zoning code or comprehensive plan to change provisions previously adopted; (ii) failure to perform an obligation under the notice section; (iii) failure to perform an obligation under the cooperation section; or(iv) a court determines the claim is not the type for which indemnification is required. I recommend that the only basis for termination of the obligation for defense and indemnification is if a court determines the matter is not the type for which indemnification is required. DRAFT FLYING CLOUD AIRPORT ZONING ORDINANCE The key issue to consider with respect to the draft is the requirements that the City appoint a Zoning Administrator to administer the provisions of the JAZB ordinance. There is nothing in the statute governing the Joint Airport Zoning Board process that requires that the Member Cities appoint a zoning administrator for property within the member's city. The draft does provide that if a member City does not appoint a zoning administrator, that the Executive Director of MAC shall be the zoning administrator. Since the Board of Appeals set up for review of the zoning administrator's decisions is appointed by MAC, it makes more sense for MAC to be the zoning administrator. In addition MAC has more expertise with respect to the airport related regulations of the JAZB ordinance than do the Member Cities. I recommend that the ordinance be amended to provide that MAC's Executive Director is the Zoning Administrator or that the City informs MAC that it will not appoint a zoning administrator for this ordinance so that the default provision takes effect whereby the Executive Director of MAC is the zoning administrator. In addition there are other more minor issues with the ordinance which require discussion with MAC and are set out below. My recommendations are underlined with respect to each point. 1. Definitions—Section III, A, 18, Lot. The language does not match the definition in the Eden Prairie Code. I recommend it be revised to conform to Eden Prairie zoning code. It may need to be revised as to each city. 2. Definitions—Section III, A, 20, Low Density Residential Lot. This references property zoned for single or two-family residences. Eden Prairie's multifamily residential zoning is not based on a two-family residence situation. I recommend this section be amended to match the zoning classifications for each Member City. 3. Definitions—Section III, A, 22,Nursing Home. The definition is vague. I recommend the section be revised to conform to State Statute Section 144A.01 Subd 25 which defines a Nursing Home. 4. Definitions - Section III, A, 29, Runway 18-36. There is a reference to expansion of Runway 18-36 which was not part of the prior land use plan. 5. Entry onto Private Property- Section 4, B, 2. This section allows MAC to enter onto private property to remove a hazard. I recommend strengthening the section by including a paragraph specifically setting forth that notice be served prior to the entry by MAC. 6. Permitted Residential Areas - Section 5, B, 5 a. I recommend that the Maps clearly identify the geographical extent of the Flying Cloud Airport Zoning Ordinance so as to be understandable by a property owner. 7. Land Use Restrictions - Section 5, B, 5, c. I recommend that the Flying Cloud Airport Zoning Ordinance identify that the cost to acquire property on which land uses violate the ordinance is an obligation of MAC. 8. Abandoned or Deteriorating Nonconforming Uses - Section VIII E. This section allows removal of abandoned or deteriorating legal nonconforming structures. I recommend that the Flying Cloud Airport Zoning Ordinance identify that this is an expense of MAC. 9. Variances - Section IX B. The language on variances does not track and is more restrictive than the statute governing airport zoning, Minn. Stat. Section 360.067, Subd. 2. The Flying Cloud Airport Zoning Ordinance requires a variance to alter, change, rebuild, repair, or replace an existing Structure. The statute requires a variance only to increase the height of any structure. I recommend further discussion with MAC as to the reason for the variance from the statute on this point. 10. Hazard Marking and Lighting Section X, A. . The Flying Cloud Airport Zoning Ordinance requires that the owner of a nonconforming use allow the installation of markers or lights deemed necessary by the Zoning Administrator. I find no provision in the airport zoning statute allowing this. This also highlights a reason why MAC should be the Zoning Administrator for the ordinance as this is a technical matter as to which MAC has the expertise. I recommend further discussion with MAC as to the legal basis for this requirement. 11. Zoning Administrator- Section XI, B. This section requires each City appoint a Zoning Administrator for this Ordinance in its City. MAC should be the Zoning Administrator. I recommend that the ordinance be amended to provide that MAC's Executive Director is the Zoning Administrator or that the City informs MAC that it will not appoint a zoning administrator for this ordinance so that the default provision takes effect whereby the Executive Director of MAC is the zoning administrator. 12. Appeals - Section XIV. I recommend that this section be revised to conform to Minn. Stat. Section 360.072 to allow an appeal from a decision of the Commission of Transportation. P:\Home\1610.031-MAC Airport Zoning&Expansion\Memos\2010 04 08-MT NEAL-Indemnification and FCM Zoning Ordinance.doc