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City Council - 08/17/2010
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,AUGUST 17, 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. 2011 BUDGET Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 17, 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. THREE RIVERS PARK DISTRICT UPDATE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 20, 2010 B. CITY COUNCIL MEETING HELD TUESDAY,JULY 20, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PLANNING COMMISSION UPDATE VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. THE RIDGE AT RILEY CREEK 3RD ADDITION by A.J. Rouse, LLC Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the R1-13.5 Zoning District on 3.4 acres. Location: 9820 Sky Lane. (Ordinance for PUD District Review and Zoning District Amendment) C. LICENSE AGREEMENT AMENDMENT TELECOMMUNICATIONS TOWER by Clearwire. Location: 8950 Eden Prairie Road. CITY COUNCIL AGENDA August 17, 2010 Page 2 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH, INC., FOR PHASE 2 I&I REMOVAL PROJECT E. ADOPT RESOLUTION APPROVING PLAT NAME CHANGE TO GRACE CHURCH SECOND ADDITION F. APPROVE CHANGE ORDER #1 REQUEST FOR STUDY AREAS 1 AND 2 EROSION STABILIZATION PROJECT G. ADOPT RESOLUTION DECLARING ABANDONED PROPERTY H. ADOPT RESOLUTION AUTHORIZING EXECUTION OF THE 2010 CDBG SUBRECIPIENT AGREEMENTS I. AWARD CONTRACT FOR MILLER PARK SCOREBOARDS TO AIM ELECTRONICS J. AUTHORIZE WINTER LRT TRAIL USE AGREEMENT WITH THREE RIVERS PARK DISTRICT K. LICENSE AGREEMENT AMENDMENT TELECOMMUNICATIONS TOWER by AT & T Location: 13708 Holly Road IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT B. APPROVE FIRST READING OF THE ORDINANCE AMENDING SECTION 9.71 OF THE CITY CODE RELATING TO MAINTENANCE OF VEGETATION C. APPROVE SECOND READING OF THE ORDINANCE AMENDING SECTION 9.71 OF THE CITY CODE RELATING TO MAINTENANCE OF VEGETATION AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION XII. PETITIONS, REQUESTS AND COMMUNICATIONS A. RESOLUTION DECLARING LAKEWEST HOLDINGS, LLC, IN DEFAULT OF THE BANEBERRY HOLLOW DEVELOPMENT AGREEMENT AND TERMINATING LAND ALTERATION PERMIT#06-17 CITY COUNCIL AGENDA August 17, 2010 Page 3 XIII. APPOINTMENTS A. APPOINTMENT TO THE SOUTHWEST LRT COMMUNITY WORKS PROJECT STEERING COMMITTEE XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Meeting Pay Policy—Council Member Aho B. REPORT OF CITY MANAGER 1. MAC Commercial Development Protocol 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 1. Joint Agreement for Acquisition and Use of Firefighting Equipment and Services 2. Policy on Special Assessment of Fire Protection System Installations H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: August 13, 2010 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, August 17, 2010 TUESDAY,AUGUST 17, 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. THREE RIVERS PARK DISTRICT UPDATE Cris Gears, Superintendent and Larry Blackstad, Board Chair of Three Rivers Park District, will present an overview of current Three Rivers Park District activities and the many amenities offered in and around Eden Prairie. 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,JULY 20, 2010 B. CITY COUNCIL MEETING HELD TUESDAY,JULY 20, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS ANNOTATED AGENDA August 17,2010 Page 2 A. PLANNING COMMISSION UPDATE Kevin Schultz, Vice Chair of the Planning Commission, will provide an update. VIII. CONSENT CALENDAR MOTION: Move approval of items A-K on the Consent Calendar. A. CLERK'S LICENSE LIST B. THE RIDGE AT RILEY CREEK 3ID ADDITION by A.J. Rouse, LLC Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the R1-13.5 Zoning District on 3.4 acres. Location: 9820 Sky Lane. (Ordinance for PUD District Review and Zoning District Amendment) C. LICENSE AGREEMENT AMENDMENT TELECOMMUNICATIONS TOWER by Clearwire. Location: 8950 Eden Prairie Road. D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH, INC., FOR PHASE 2 I&I REMOVAL PROJECT E. ADOPT RESOLUTION APPROVING PLAT NAME CHANGE TO GRACE CHURCH SECOND ADDITION F. APPROVE CHANGE ORDER#1 REQUEST FOR STUDY AREAS 1 AND 2 EROSION STABILIZATION PROJECT G. ADOPT RESOLUTION DECLARING ABANDONED PROPERTY H. ADOPT RESOLUTION AUTHORIZING EXECUTION OF THE 2010 CDBG SUBRECIPIENT AGREEMENTS I. AWARD CONTRACT FOR MILLER PARK SCOREBOARDS TO AIM ELECTRONICS J. AUTHORIZE WINTER LRT TRAIL USE AGREEMENT WITH THREE RIVERS PARK DISTRICT K. LICENSE AGREEMENT AMENDMENT TELECOMMUNICATIONS TOWER by AT & T Location: 13708 Holly Road IX. PUBLIC HEARINGS/MEETINGS ANNOTATED AGENDA August 17,2010 Page 3 X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT Synopsis: Participation in the voluntary Metropolitan Livable Communities Act Local Housing Incentives Account(LCA LHIA)provides the City with the opportunity to compete for grants and loans to support activities that help the City meet its affordable and life cycle housing goals, clean up polluted sites, and support demonstration projects linking jobs, housing and transit. The City previously elected to be a participant and has been approved for grants. In order to continue participating over the next decade, the City must adopt a resolution agreeing to certain affordable and life cycle housing goals established by the Metropolitan Council based upon our projected employment and housing growth. There are no sanctions for a community not meeting its adopted goals. On July 2, 2010, the City Council received copies of a letter from the Metropolitan Council dated June 25, 2010 regarding our continued participation in the Livable Communities Local Housing Incentives Account(see attachment). The letter outlines the City's goals for affordable and life-cycle housing from 2011 through 2020. Based upon our projected employment and household growth over the next decade (as adopted in our latest Comprehensive Plan), the Metropolitan Council has established Eden Prairie's affordable housing goal range as 1,198 to 1,843 units and our life- cycle housing goal range as 1,840 to 3,500 units over the next decade. The Metropolitan Council is asking the City to pass a resolution incorporating these goals and provide a copy to the Metropolitan Council no later than September 1, 2010. Additionally, the Metropolitan Council is requiring cities participating in the program to develop a Housing Action Plan before December 1, 2010. Much of that Action Plan has already been adopted into our Comprehensive Plan. On July 20, 2010, the City Council heard a report from the Community Development Director regarding this matter. While the goals are very aggressive and dependent upon a rebound in development activity, there are no sanctions if the City does not meet the goals. However, there could be serious ramifications from discontinuing participation in the LCA LHIA program, including potential forfeiture of an approved $848,300 Livable Communities grant to the City for roadway and storm water improvements related to the future Presbyterian Homes redevelopment. MOTION: Move to: Adopt Resolution electing to continue participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for calendar years 2011 through 2020. ANNOTATED AGENDA August 17,2010 Page 4 B. APPROVE FIRST READING OF THE ORDINANCE AMENDING SECTION 9.71 OF THE CITY CODE RELATING TO MAINTENANCE OF VEGETATION Synopsis: City Code Section 9.71 was adopted in 2002 to allow the use of native plantings to encourage water conservation and habitat enhancement. This amendment is the result of a request by the Margaret A. Cargill Foundation at 6875 Rowland Road to allow native plantings to extend from the adjoining wetland and wooded areas along their lot to the edge of the right-of-way. The proposed change would allow the landscaping to blend into these areas. In addition, the Foundation is developing the site with the intent of achieving LEED Certification through the U.S. Green Building Council. The native landscaping would be designed to meet the goals of the Foundation for water efficient grounds through the use of native landscaping. This ordinance amendment would only allow native landscape areas in unique situations, where there is a generous right-of-way. In addition, all plans must be designed to specific standards by a registered landscape architect. MOTION: Move to: Approve first reading of the Ordinance Amending Section 9.71 of the City Code relating to maintenance of vegetation. C. APPROVE SECOND READING OF THE ORDINANCE AMENDING SECTION 9.71 OF THE CITY CODE RELATING TO MAINTENANCE OF VEGETATION AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION Synopsis: This second reading is being requested to accommodate the fall planting schedule for the Margaret Cargill Foundation plan. It will require a unanimous vote of Council to adopt the motion. Staff recommends approval for this unique location. MOTION: Move to: Approve Second Reading of an Ordinance Amending City Code Section 9.71 relating to maintenance of vegetation and adopt Resolution approving Summary Ordinance for Publication. XII. PETITIONS, REQUESTS AND COMMUNICATIONS A. RESOLUTION DECLARING LAKEWEST HOLDINGS, LLC, IN DEFAULT OF THE BANEBERRY HOLLOW DEVELOPMENT AGREEMENT AND TERMINATING LAND ALTERATION PERMIT #06-17 Synopsis: This is for City Council to acknowledge Lakewest Holdings, LLC in default of the Baneberry Hollow Development Agreement and terminating Land Alteration Permit#06-17. On June 20, 2006, Lakewest Holdings, LLC and the City entered into a Development Agreement for The Baneberry Hollow Development project. The city is holding a ANNOTATED AGENDA August 17,2010 Page 5 surety bond for the purpose of securing performance of the Developers obligations. Work required under the Development Agreement and Land Alteration Permit#06-17 is not completed. The city has initiated proceeding with a claim against the bond. MOTION: Move to: Adopt the Resolution declaring Lakewest Holdings, LLC in default of the Baneberry Hollow Development Agreement and terminating Land Alteration Permit #06-17. XIII. APPOINTMENTS A. APPOINTMENT TO THE SOUTHWEST LRT COMMUNITY WORKS PROJECT STEERING COMMITTEE Synopsis: Hennepin County has established the Southwest Light Rail Transit(SW LRT) Community Works Project to formalize and expand early collaborations across jurisdictions within the SW LRT corridor. A Steering Committee is being assembled to direct the SW LRT Community Works Project and liaison with the SW LRT Corridor Management Committee. Hennepin County invites the City of Eden Prairie to appoint one elected official and an alternate to this Steering Committee. The SW LRT Alternatives Analysis and Draft Environmental Impact Statement (DEIS)processes included a Policy Advisory Committee (PAC) with members and alternates from each stakeholder jurisdiction, Chamber of Commerce, and Southwest Transit. The most recent City of Eden Prairie member and alternate appointed to the PAC has been Council member Kathy Nelson and Community Development Director Janet Jeremiah, respectively. Previously, Council member Brad Aho and Janet Jeremiah served as member and alternate. The DEIS is now nearing completion, and the PAC has held its final meeting. The next stage of the study, the Final Environmental Impact Study(FEIS) and Preliminary Engineering (PE), will include a SW LRT Corridor Management Committee appointed by the Chair of the Metropolitan Council pursuant to statute. On December 15, 2009, the Hennepin County Board established SW LRT Community Works and directed staff to prepare a project description and work plan in consultation with the stakeholder cities, the Metropolitan Council and other SW LRT key stakeholders. Over the past six months, Eden Prairie staff have worked with staff from Hennepin County and the other major stakeholder groups to finalize a description and work plan for the SW LRT Community Works Project(CWP). The initial goals of the CWP are to maximize public/private investment along the corridor; strategically align resources to promote economic development and redevelopment at station locations; stimulate employment development to ensure accessibility to jobs for people of all income levels; promote and implement a range of housing opportunities along the corridor; improve multimodal connections to stations, within station areas and to key designations along the corridor in connection with the County's Complete Streets policy; and promote sustainability, including natural system preservation and enhancement, energy efficiency, and reduced carbon emissions throughout the corridor. ANNOTATED AGENDA August 17,2010 Page 6 On July 22, 2010, the Hennepin County Board accepted the SW LRT CWP Description and Work Plan, established the SW LRT CWP Steering Committee to consist of two Hennepin County Board members, a board member of the Hennepin County Regional Railroad Authority, one elected official appointed from each of the cities of Eden Prairie, Edina, Hopkins, Minneapolis, Minnetonka, and St. Louis Park, and a representative of the Metropolitan Council, and that the Steering Committee be authorized to add and include additional stakeholder representation as appropriate throughout the course of the project. The Hennepin County Board appointed Commissioners Gail Dorfman and Jan Callison to represent the Hennepin County Board on the Steering Committee. The first meeting of the SW LRT CWP Steering Committee will be held on Wednesday, September 8, 2010 at 8:00 am in the Council Chambers at the St. Louis Park City Hall. MOTION: Move to: Appoint to the Southwest LRT Community Works Project Steering Committee and as an alternate member of the Southwest LRT Community Works Project Steering Committee. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Meeting Pay Policy—Council Member Aho B. REPORT OF CITY MANAGER 1. MAC Commercial Development Protocol Synopsis: At the July 20 Council meeting, the Council approved three lease agreements between the City and the Metropolitan Airports Commission (MAC) for the future expansion of Flying Cloud Fields and the continued operation of the Pioneer Trail garden plots. During the time that City staff was working with our peers at MAC on the negotiation of the lease documents, we were also discussing the development of a Memorandum of Understanding (MOU) describing the process MAC would intend to follow in order to commercially develop their excess property around Flying Cloud Airport. I have included the latest draft of that MOU (dated July 8, 2010) with this Council Packet. The MAC Commission has approved this draft MOU. The City Council has not acted on it yet. MAC staff has informed me that they believe this MOU is an integral part of the lease agreement negotiation. In other words, they believe their Commission's approval of the lease agreements is contingent upon the City Council's acceptance and approval of this MOU. City staff and legal counsel do not agree with that position. We believe we are entitled to ANNOTATED AGENDA August 17,2010 Page 7 Flying Cloud Fields lease agreements based on the 2002 Final Agreement. We do not believe it is appropriate for MAC to make this development MOU a new condition of their approval of leases they agreed to negotiate in the 2002 Final Agreement. I have informed MAC staff that I would bring the draft development MOU to the Council for discussion at the August 17 meeting. City staff will continue to talk with MAC staff about this matter in search of a mutually acceptable compromise. 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 1. Joint Agreement for Acquisition and Use of Firefighting Equipment and Services Synopsis: The amended agreement addresses the following: • Allows for either a purchase or lease • Allows for a greater variety of fire equipment and services than the original focus on Self Contained Breathing Apparatus allowed Following the success of the original agreement used to acquire Self Contained Breathing Apparatus, the members of the JPA decided to expand the scope of the agreement to include a variety of products and services. It is believed that the continued expansion of this group and the economies of scale it creates will enhance purchasing power and lower costs. It is further believed that as the various communities continue to respond to incidents together, the benefits of common equipment will be realized through more efficient and seamless operations. The idea is for one city to act as the lead agency in obtaining bid proposals from vendors, each city would enter into its own contract with the vendor for the number of units and service levels desired. There is an operating committee that would oversee the selection and use of the equipment and services. The original parties of the agreement are the cities of Eden Prairie, St. Louis Park, Bloomington, Edina, and Minnetonka, other cities have since joined. MOTION: Move to: Approve execution of the amended joint and cooperative agreement for the acquisition and use of firefighting equipment and services. ANNOTATED AGENDA August 17,2010 Page 8 2. Policy on Special Assessment of Fire Protection System Installations Synopsis: In Eden Prairie, virtually all new commercial construction since 1985 has required the installation of Fire Protection Systems, thus making those buildings safer in the event of a fire for both occupants and responding firefighters. During Eden Prairie's early years of commercial development there were a number of buildings that we constructed prior to 1985 and thus, the majority of buildings are not equipped with Fire Protection Systems. There are 121 of these unprotected commercial buildings in the Eden Prairie. It has been proven over the course of recent history that buildings with Fire Protection Systems are inherently safe. The Fire Department wishes to offer to owners of buildings without fire Protection systems the opportunity to have the cost of such systems financed at a favorable rate in order to make their buildings safer for themselves, the occupants and responding firefighters. This will be a VOLUNTARY program. Owners can expect to see a drop in their property insurance premiums as well as the peace of mind that in the event of a fire their building will not likely be destroyed. Furthermore, occupants and responders are significantly less likely to experience serious injury or death in a building with Fire Protection Systems. MOTION: Move to: Approve the Policy on the Special Assessment of Fire Protection System Installations. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director, Three Rivers Park District Presentation Parks and Recreation Synopsis Cris Gears, Superintendent and Larry Blackstad, Board Chair of Three Rivers Park District, will present an overview of current Three Rivers Park District activities and the many amenities offered in and around Eden Prairie. Background Three Rivers Park District is a natural resources-based park system that manages nearly 27,000 acres of park reserves, regional parks, regional trails and special-use facilities. The Park District offers facilities for every season, including: picnicking, swimming, creative play, boating, fishing, downhill skiing, snowboarding, golf, camping and sledding; extensive trails for hiking, biking, in-line skating, horseback riding, cross-country skiing and snowshoeing, as well as program sites for nature, recreation, historic and farm education. Three Rivers Park District is an independent, special park district established by the State Legislature in 1957. As a special park district, Three Rivers Park District is charged with the responsibilities of acquisition, development and maintenance of large park reserves, regional parks and regional trails for the benefit and use of the citizens of suburban Hennepin County, Scott County, the metropolitan areas, and the State of Minnesota. The Park District works cooperatively with the Metropolitan Parks and Open Space Commission, Metropolitan Council and State Legislature as one of ten implementing agencies of the Metropolitan Regional Park System. This system of parks was established in 1974 by the Minnesota State Legislature and collectively serves more than 33 million park guests per year in the seven county metro area, providing outdoor education/recreation facilities, services and programs. The mission of Three Rivers Park District is to promote environmental stewardship through recreation and education in a natural resources-based park system. Each of the Park District's facilities is located within watersheds that flow into three rivers --the Mississippi, Minnesota and Crow. These rivers have historically been, and continue to be, significant in the lives of the region's residents. Three Rivers Park District's policy for planning and management of natural resources has distinguished it from other park and recreation agencies in Minnesota. The policy specifies that no more than 20 percent of a park reserve may be developed for active use, and that at least 80 percent of a park reserve shall be restored to and retained in a natural state. Three Rivers Park District Presentation August 17, 2010 Page 2 As a result, the Park District has been actively involved in the preservation and restoration of wildlife and plant species. Once rare osprey, bald eagles, sandhill cranes and trumpeter swans are now nesting in the park reserves. Woodland and prairie restorations have been accomplished using native wildflowers, shrubs and trees produced from seed collected in the park reserves. Park visitors are offered abundant opportunities to view and learn about the resources within each park. Careful routing of bike, hike and ski trails provides intimate views of woodlands, wetlands and prairie, as well as the wildlife that inhabit them. Outdoor education staff offer an array of programs that foster a better understanding of our environment. ITEM NO.: VI.A UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JULY 20, 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 Mayor Young was absent. Council Member Aho served as Acting Mayor. I. FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD City Manager Scott Neal said the Joint Airport Zoning Board has asked member cities to discuss how airport zoning administration will be handled. City staff has met with staff from the Metropolitan Airports Commission(MAC) to discuss the matter. Another meeting of City staff and the Joint Airport Zoning Board is anticipated. City Attorney Ric Rosow presented a PowerPoint on proposed airspace zoning. Rosow showed a map of Flying Cloud Airport airspace safety zones and explained the types of restrictions that apply to each zone. Rosow explained that the zoning administrator would be responsible for determining whether or not proposed uses meet height restrictions or other provisions of the ordinance. The administrator would issue required permits and determine if there are violations of the ordinance. Rosow said that MAC's position is that the City should act as the zoning administrator because the City is accustomed to applying zoning ordinances. Neal said that the staff time and cost required to administer the ordinance would be fairly minimal. One pro of serving as the zoning administrator is that it allows "one stop" for permits for property owners in Zones C and B. It also allows the City to maintain more local control. On the other hand, the City would be liable for zoning decisions, and there is no indemnification if the zoning administrator makes a mistake in enforcement of the ordinance. City Council Workshop July 20,2010 Page 2 Rosow reviewed several legal cases involving takings related to airport zoning. He noted that if the City adopts the FCM Zoning Ordinance, it would likely be a defendant in any taking case. A pro to adopting the FCM Zoning Ordinance is that it would support the analysis that the regulation is an arbitration of competing uses. In addition, MAC would agree to indemnify the City in any takings cases if the City adopts the ordinance and acts as the administrator. Rosow said the indemnification agreement as drafted by MAC's staff grants MAC the right to determine if the City is entitled to indemnification. The City has proposed an alternative standard, which the MAC staff does not support. MAC staffs proposal would allow MAC to unilaterally terminate its defense and indemnification: • If the City amends its zoning code or comprehensive plan to change provisions previously adopted • For failure to perform an obligation under the cooperation section • For failure to perform an obligation under the notice section • If a court determines the claim is not the type for which indemnification is required In addition, MAC will not indemnify for: • Failure to follow procedures established by the ordinance, comp plan, city zoning, or applicable law • Gross negligence or willful misconduct • Actions involving self dealing or conflict of interest • Actions of an individual not performed in an official capacity or representative of the City Rosow said he finds the phrase "gross negligence"problematic. He said the City is proposing a standard set forth in Minnesota Statutes Section 466.07, which requires indemnification of officers and employees provided the person 1) was acting in the performance of duties of the position; and 2)was not guilty of malfeasance in office, willful neglect of duty or bad faith. Rosow asked for City Council input on the following issues: • Should the City to serve as the zoning administrator? • Should the City adopt the FCM Zoning as part of the City Code and Comprehensive Plan? • What standard of indemnification should be used? Nelson asked about noise law suits. Rosow said both MAC and the City of Bloomington were named as defendants in a recent law suit. City Council Workshop July 20,2010 Page 3 Council Member Case said he does not see a compelling reason for the City to agree to act as the airport zoning administrator. Council Member Aho asked how staff feels about it. Community Development Director Janet Jeremiah said it would not add a huge workload burden. She said she is more concerned about the honest mistake issue relating to proper noticing. Case said he believes our current City Code already keeps us in line with the proposed airport zoning ordinance. Nelson asked if it could be used only in cases of nonconforming uses rather than by anyone putting up a deck, etc. Case said he would like more information on what it would look like if the City does not act as the zoning administrator. Rosow said once the Supreme Court decides on the DeCook II case, he will be better able to judge liability of joint airport zoning boards. He said a decision is expected within a year. Nelson and Case asked if there is a particular hurry to implement an ordinance. Rosow said this has been a long standing request and goal of MAC. Nelson said she wants to know if the airport zoning ordinance will affect every resident who wants to make a change. Rosow said he will research the issue and report back to the City Council. Council Member Aho read a statement regarding the recent investigation into Mayor Young's expense reimbursements. He said it is critical for all employees to be careful when filing expense reports. Accuracy from the top down is important. He said the City Council appreciates the staff's diligence in this matter. Council Chamber II. OPEN PODIUM A. TAMIYA SMITH—JUVENILE JUSTICE ISSUES Smith said she is concerned about juvenile justice issues. She said she has noticed an increase in petty crimes committed by juveniles. She said the police can only ticket juveniles, so they don't have the power to reduce crime. She hopes the City can work with Hennepin County on these issues. She said there should be more activities for 13 to 15-year-olds in Eden Prairie. She noted that the bus does not run to the Eden Prairie Community Center. B. TOMMY JOHNSON—MAYOR YOUNG'S EXPENSES Johnson said he still feels Mayor Young should resign. Johnson read portions of a police report on the investigation into Mayor Young's meeting reimbursements. Johnson said Young admitted he knew he was taking public funds for meetings he did not attend. Johnson called for Young to return the money he received for City Council Workshop July 20,2010 Page 4 meetings he did not attend. He said all of Young's meeting attendance claims need to be verified. City Council Workshop July 20,2010 Page 5 C. LARRY FRYE—PROPERTY LINE/EROSION ISSUE Frye said when he had a pool installed in his back yard, he had his property surveyed. Frye said he noticed an erosion issue last summer and asked the City Engineer to look into the matter. This year, the Parks Department inspected the area and informed Frye that his swing set and boulder wall are on City property. Frye said the City's survey shows a different property line than his survey. Frye said he is willing to remove the swing set and to stop mowing on City property; however, he requested to work with the City to come to a compromise that would allow him not to have to remove the boulder wall. Neal said staff will work with Frye on the issues. Council Member Case offered to sit in on that process. D. JACK RHODE—MAYOR YOUNG'S EXPENSES Rhode said he was disappointed the Mayor was not in attendance. Rhode said he read the police report on the Mayor's "indiscretions," and he found it disgusting. Rhode said he has fired people for submitting false expense reports. Rhode said this issue is not about political parties,but about actions. He said the City needs better government and it is up to the City Council to take care of this problem. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 20, 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 Acting Mayor Aho called the meeting to order at 7:00 PM. Mayor Young was absent. II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. MONEY MAGAZINE RECOGNITION OF EDEN PRAIRIE Aho said he was pleased to announce that on July 12 the City of Eden Prairie was named Money Magazine's No. 1 Best Place to Live. He reviewed the reasons why the City received the award. Neal passed out copies of the magazine to Council Members. Case said he found it gratifying the Smith Douglas More house made the front cover of the issue because it shows our 150-year heritage as a City and the foresight of previous City Councils to preserve that heritage. B. DONATION FROM THE TOM AND KATHY MILLER FOUNDATION Lotthammer noted the four groups that have donated their time and funds tonight are representative of the many groups and organizations in the City that put money back into the community. Lotthammer said we received an additional $400 for Miller Park from the Tom and Kathy Miller Foundation. Mike Garvin was unable to be here tonight but he looks forward to continuing to help with additional fund raising for the park. MOTION: Nelson moved, seconded by Case, to accept the donation from the Tom and Kathy Miller Family Foundation in the amount of$400 to assist with funding for future development of the Miller Park Barrier Free Play Area. Motion carried 4-0. CITY COUNCIL MINUTES July 20,2010 Page 2 C. DONATION FROM THE FRIENDS OF BIRCH ISLAND WOODS Lotthammer said the Friends of Birch Island Woods donated $2,636.92 to cover plant materials, fencing and a watering system for an area of Birch Island Woods that was in need of restoration. He said in addition to donating the funds they donated their labor for the restoration. Terry Picha said on April 17 the Friends of Birch Island Woods replanted an area that needed restoration. They worked with Stu Fox in the winter to plan the reforestation and then they replanted it this spring. They continue to help care for the new plantings. MOTION: Case moved, seconded by Nelson, to accept the donation from the Friends of Birch Island Woods in the amount of$2,636.92 to assist with funding of forestry supplies. Motion carried 4-0. D. DONATION FROM THE FRIENDS OF THE EDEN PRAIRIE ART CENTER Lotthammer said the Friends of the Eden Prairie Art Center are donating $2,000 to assist with funding for equipment at the Art Center. Ann Rorem said they held an event in April to raise funds for the Art Center. She said interest in the Art Center is growing and noted a family in Eden Prairie matched the amount the group raised at the event. MOTION: Nelson moved, seconded by Duckstad, to accept the donation from the Friends of Eden Prairie Art Center in the amount of$2,000 to assist with funding for equipment at the Art Center. Motion carried 4-0. E. DONATION FROM THE EDEN PRAIRIE BASEBALL AND SOFTBALL ASSOCIATIONS Lotthammer said Hennepin County recently awarded a grant through the Hennepin Youth Sports Program for improvements to Miller Park baseball and softball fields. In addition to the $110,000 grant funds from the County, $70,000 is being contributed from the Eden Prairie Softball Association and$50,000 from the Eden Prairie Baseball Association. He said no City of Eden Prairie funds are being used for this project. Rick Jundt, representing the Eden Prairie Softball Association, presented a check for$70,000 from the group. He noted the improvements will make this the finest facility in the state. He said the partnerships between the City and community groups here are one of the main reasons why Eden Prairie is the best place to live. Steve Rutledge and Mark Sperr, representing the Eden Prairie Baseball Association,presented a $50,000 check from the group. CITY COUNCIL MINUTES July 20,2010 Page 3 MOTION: Nelson moved, seconded by Case, to accept the contributions from the Eden Prairie Baseball and Softball Associations as contributing funds towards the Hennepin Youth Sports Program Grant for Miller Park baseball and softball field improvements. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Nelson added Item XIV.A.3.Neal noted the item on goldenrod should be added as Item VIII.F. Aho asked if the Council has seen that item in the past. Neal said they have. MOTION: Duckstad moved, seconded by Nelson, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 15, 2010 MOTION: Duckstad moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, June 15, 2010, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 15, 2010 MOTION: Case moved, seconded by Duckstad, to approve the minutes of the City Council meeting held Tuesday, June 15, 2010, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION SECURITY UPDATE Neal said the Flying Cloud Airport Advisory Commission(FCAAC),jointly with the Metropolitan Airports Commission(MAC), does a security review of the airport every other year. He said the Commission's Vice Chair, Jeff Larsen, is present to give the Council an update. Jeff Larsen said he will be giving the report because Chair Rick King was not able to attend tonight's meeting. He said the Commission gave their first review of security at Flying Cloud Airport in August of 2007 at the request of the Council. They have continued to do the reviews since that time and had the 2010 security review at their May 15 meeting. He noted there have been several physical improvements including the installation of new security fence around the complete perimeter of the airport with locked key pad access gates. He said very few airports have the level of security that Flying Cloud Airport has. Nelson thanked Mr. Larsen for the report and commended them on the security improvements at the airport. She noted she was one of the ones who originally urged them to look into security at the airport. CITY COUNCIL MINUTES July 20,2010 Page 4 B. RECOMMENDATION BY THE PARKS, RECREATION & NATURAL RESOURCES COMMISSION TO RECONSIDER TRAIL CONNECTIONS FOR STARING LAKE AND RILEY CREEK—RICE MARCH LAKE Neal said the Parks, Recreation and Natural Resources Commission has made a recommendation urging the City Council to reconsider the decisions made at the last Council meeting on June 20 concerning the Staring Lake and Riley Creek-Rice Marsh Lake trail connections. He said in order for this to be on the table tonight a Council Member from the prevailing side of the motion made at the last meeting would have to request the items be reconsidered. Lotthammer noted there were two separate items included in the motion at the previous meeting, one for the trail and the other for the limited use permit. Duckstad said we discussed the matter at considerable length at the last meeting and a number of Council Members felt strongly we need to pace our expenditures applied towards the trails and so did not approve the two items. After that meeting we heard from a number of people who live in the area who gave us additional information and requested we reconsider the matter. He said the new information revealed the trail at Staring Lake had an underpass that would allow children to pass under Hwy 212 and thus provide a safe route to school. He said he was willing to change position in light of the additional information. He asked if we have adequate funds left in the referendum account to go ahead with this project. Neal said we do have the funds. Duckstad said we do have other funds that are used to pay for trail maintenance and asked if Mr. Neal foresees any circumstances where we would run short of money this year as we did in 2009. Neal said he did not. Rosow noted the correct procedure would be first a motion made by one of the prevailing parties to reconsider the actions that were taken at the last meeting and then a motion on the question of authorizing the trail and the permit. MOTION: Duckstad moved, seconded by Nelson, to reconsider the motion that failed at the previous meeting. Motion carried 4-0. Nelson said she was very pleased that Council Member Duckstad has put this forth, especially with the additional information about the effect on children heading for Oak Point School. She also thought it is a good time to take advantage of lower costs for construction. Aho said he also had a chance to speak with a number of residents, and he believes this project is ready to come forward. He said he will support it. MOTION: Duckstad moved, seconded by Nelson, to award the contract for Staring Lake Park bike trail to Northwest Asphalt, Inc. in the amount of$169,866.06, and to adopt Resolution No. 2010-53 authorizing a limited use permit for non-motorized trail. Motion carried 4-0. CITY COUNCIL MINUTES July 20,2010 Page 5 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE USE OF ES&S MODEL 650 CENTRAL BALLOT COUNTER FOR 2010 ELECTIONS C. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH HENNEPIN COUNTY FOR THE WAY 2G0 WELLNESS PROGRAM D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR WATERMAIN REPLACEMENT AND EXTENSION PROJECTS E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR THE TH 5 SANITARY SEWER REPAIR F. 78th STREET MARKET by Oppidan. Second reading of Ordinance 2010-PUD-3 for Planned Unit Development District Review and Zoning District Amendment within the C-HWY on 1.22 acres. Resolution No. 2010-50 for Site Plan Review on 1.2 acres. Location: 8045 Flying Cloud Drive. (Ordinance No. 2010-PUD-3 for PUD District Review and Zoning District Amendment; Resolution No. 2010-50 for Site Plan Review) MOTION: Duckstad moved, seconded by Case, to approve Items A-F on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. DON RICHARD REZONING by Awad &Koontz Architects Builders Inc. Request for zoning district change from Rural to R1-13.5 on 1.07 acres. Location: 12205 Sunnybrook Road. Contact Ali Awad. (Ordinance for Zoning District Change) Neal said official notice of this public hearing was published in the July 8, 2010, Eden Prairie News and sent to 29 property owners. This is a rezoning of a single family lot from Rural to R1-13.5 located at 12205 Sunnybrook Road. The proposed lot conforms to the requirements of the RI-13.5 zoning district for lot size and lot dimensions. The lot is a non-conforming rural zoned property since it does not meet the 10-acre minimum lot size. The owner wants to build an addition to the existing garage and connect the garage to the house. Since the property is zoned rural, the garage addition does not conform to the side yard setbacks for the rural zoning district. Neal said a staff report for second reading of the ordinance for rezoning is located under Ordinances and Resolutions on tonight's agenda. The 120-Day review period expires on September 18, 2010. The Planning Commission voted 4-0 to recommend approval of the rezoning from Rural to R 1-13.5 at the June 28, 2010 meeting. CITY COUNCIL MINUTES July 20,2010 Page 6 There were no comments from the audience. MOTION: Duckstad moved, seconded by Case, to close the public hearing and to approve first reading of the ordinance for zoning district change from Rural to R1- 13.5 on 1.07 acres. Motion carried 4-0. B. PROPOSED PARK& RECREATION FEES FOR 2011 Neal said official notice of this public hearing was published in the July 8, 2010, Eden Prairie News. Staff is submitting the proposed changes to fees and charges for inclusion in the 2011 budget. This item was reviewed and discussed by the Parks, Recreation and Natural Resources Commission and was unanimously recommended for City Council approval. A notice of the public hearing appeared in the July 8th Eden Prairie News. These fees and charges are a part of the annual operating budget within the Parks and Recreation Department and help offset operating expenses. Neal noted as a new custom a few years ago we started to bring these to the Council now so we can use the new fees when we prepare our budget and marketing materials. Lotthammer said there are just a few changes proposed, and most of the fees will stay the same. He said the Council will see this again as part of the budget resolution in December. Case asked if we have called some of the neighboring cities to compare their rates. Lotthammer said we have done that, and our fees are very comparable. Nelson asked how much the 3% increase in the membership rate at the Community Center is in dollars. Lotthammer said the rates range from $24 to $70. Nelson said she wanted to make sure these costs are manageable for virtually everyone. Duckstad asked if the larger rooms at the Community Center are rented out a lot. Lotthammer said all the rooms at the Community Center are very busy in the prime time hours, but a little less busy during the daytime and on the weekends. The meeting rooms are sometimes used for our programs and are sometimes used as a rental. He said State and County organizations often rent the rooms for training or certification sessions. Duckstad asked if the $50 increase for rental of the Cambria room will scare people away. Lotthammer said that is a clean up fee for those who have food. It covers the amount of staff time needed to clean up after the group. The hourly rate has not been changed; rather we are charging a fee to recoup the cleanup costs if the group brings in food. Basil Wissner, 8293 Mitchell Road, asked if the rooms at the Community Center are ever made available to non-profit groups free of charge. Lotthammer said our relationship with athletic associations is that they do receive one free use of a room per month. After that they pay for a room at the non-profit rate. Wissner asked if a non-profit could donate money to Parks and Recreation and then get a free room rental. Lotthammer said the condition is that they are a non-profit youth sports organization. Wissner asked if that means a non-profit like the PROP Shop could CITY COUNCIL MINUTES July 20,2010 Page 7 not use the facility free of charge. Lotthammer said they would have the lower, non-profit rate to rent it. MOTION: Case moved, seconded by Nelson, to close the public hearing and to approve the proposed Park and Recreation fees and charges for inclusion in the 2011 budget. Motion carried 4-0. C. VACATION OF DRAINAGE AND UTILITY EASEMENT—LOT 2, BLOCK 1,WHISPERING RIDGE (Resolution No. 2010-52) Neal said official notice of this public hearing was published in the July 1, 2010, Eden Prairie News and sent to 7 property owners. The property owner has requested the vacation of the drainage and utility easement over a part of Lot 2, Block 1, Whispering Ridge, to facilitate the building of a swimming pool. There were no comments from the audience. MOTION: Case moved, seconded by Duckstad, to close the public hearing, and to adopt Resolution No. 2010-52 vacating a portion of the drainage and utility easements lying over, under and across Lot 2, Block 1, Whispering Ridge, according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 4-0. D. MITCHELL/LONE OAK SAA 06-04 SIGNAL LIGHT REASSESSMENT (Resolution 2010-51) Neal said official notice of this public hearing was published in the May 27, 2010, Eden Prairie News and sent to five property owners. On May 16, 2006, the City entered into Special Assessment Agreement 06-04 with Lone Oak Center, LLC, regarding traffic signal improvements to the Mitchell Road and Lone Oak Road intersection, which have been completed. The City received a deposit in the amount of$12,500 from the Developer of the property at the time the Developer petitioned the City to complete the above-referenced public improvements. The City proposed to apply the afore-mentioned deposit to the assessment and to reduce the amount of the assessment accordingly. All other aspects of the assessment— interest rate and repayment period as established in Resolution 2009-28—will remain the same. There were no comments from the audience. MOTION: Duckstad moved, seconded by Case, to close the public hearing and to adopt Resolution No. 2010-51 approving Mitchell/Lone Oak SAA 06-04 Signal Light Reassessment. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Case,Duckstad,Nelson and CITY COUNCIL MINUTES July 20,2010 Page 8 Aho voting "aye." XI. ORDINANCES AND RESOLUTIONS A. DON RICHARD REZONING by Awad & Koontz Architects Builders Inc. Second Reading of the Ordinance for Zoning District Change from Rural to R1- 13.5 on 1.07 acres. Location: 12205 Sunnybrook Road. (Ordinance for Zoning District Change) Neal said first reading of this ordinance occurred earlier in this meeting, therefore a unanimous vote of the City Council is required for final approval at the same meeting. MOTION: Duckstad moved, seconded by Nelson, to approve second reading of Ordinance 13-2010 for a single family lot from Rural to R1-13.5 on 1.07 acres and approve summary ordinance. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Staring Lake Trail—Council Member Case Case said this item was taken care of earlier tonight. He said at the time of our June meeting the School District had not made the decision for Oak Point to become a boundaried school. 2. Request for Update on State Auditor's Investigation—Council Member Case Neal said there is a review being conducted of the City's travel expense reimbursement process. Rosow said it is required under State law to report to the State Auditor the matters regarding the Mayor's expense reimbursement request. The status of the Auditor's review is "under review," according to the State Auditor's office. Duckstad said he has had some familiarity with state auditors in the past and asked if the State Auditor indicated when they would start and if they knew what would be the width or breadth of their review. He asked if it would include the records of all City Council members or just those of the Mayor. Rosow said they originally told him they wouldn't start until the prior investigation was completed. They have not told him any details about the extent of the review. CITY COUNCIL MINUTES July 20,2010 Page 9 Case said he had prepared a statement. He noted throughout this ordeal the City Council members have remained quiet, and he thought that was the best role as the process has proceeded. He said he will continue his silence on the specifics, and he believed the City Council should continue to remain quiet especially in regard to the Mayor's role in the matter. He had concerns for the reputation of our City and our staff and wanted to underscore that Scott Neal has been found by all investigative authorities to have thoroughly and appropriately followed all internal and external procedures. Our City Manager has been faultless in performing his duties under the law and he appropriately sought legal advice as the matter escalated. Mr. Neal has performed his duties appropriately and in a timely and proficient manner and has earned the complete respect of the City Council as he has conducted himself and managed others during the ordeal. Case said some in our community have questioned whether our procedures were adequate, and he believes the State Auditor's report will weigh in on that. Duckstad said he agreed in part. The Hennepin County Attorney has reviewed the matter and has determined there was no fraud. At this time he was not aware of any accusations about our City Manager. He did not think the Council should engage in any sort of fact finding or resolution of this matter until the State Auditor has completed the investigation and submitted the report. He didn't think we should weigh in on this with respect to the Mayor, the Council or the City Manager until this process plays out. He thought it would be premature to make any statements or act at this time. He noted some people have suggested the possibility of a recall; however, we have an election coming up in 95 days which will provide a ballot box for the citizens to decide on the matter. Nelson agreed that the City Council was requested to keep silent on this and we have done that. She thought the whole matter has gone according to law. She believes the City Manager and staff have worked in good conscience and she applauded their professionalism. She agreed we need to let this go through the State Auditor's process. Aho said it is appropriate for the State Auditor's office to review our procedures to make sure they are in line with general accounting procedures in order to avoid situations like this in the future. 3. Public/Private Partnerships in Eden Prairie—Council Member Nelson Nelson said this is a good time to talk a little about all the public/private partnerships in Eden Prairie. It is a big piece of our being able to keep taxes under control while providing necessary services. It is one of the ways our City stays strong. We have a very active citizenry willing to give to the City. She thought we often don't talk enough about just how active many people and organizations are in our City and how they are helping to make us the No. 1 place to live. CITY COUNCIL MINUTES July 20,2010 Page 10 Aho agreed and thought we are extremely blessed to have so many active citizens who help make our City great. B. REPORT OF CITY MANAGER 1. Xcel Transmission Line Replacement Project Neal said we are beginning to have some interaction on an Xcel project to replace transmission lines from the Westgate substation. They are planning to replace wooden poles with galvanized metal poles on the line that goes from the substation north to Deephaven and then on to Chanhassen. He showed a map with the path of the transmission lines. He noted Xcel says an Environmental Assessment Worksheet will have to be prepared for the project, so a lot of analysis will have to go into it. There are public hearings required so there will be some direct contact with residents. The project will add to the energy carrying capacity of the lines and the reliability of the system in the City. He said the project will not start until the middle of 2013. Case asked if there will be any opportunity for the City to weigh in to help mitigate some of the impact or to suggest moving some of the poles. He has often wondered if there might be an opportunity to move the line by the High School to the south by Valley View. Neal said there will be plenty of opportunity for that kind of input and suggestion making. He said we will have to create some mechanism to give Council Members more detail on the project. He thought we might put this item on the agenda for later this year and have a formal list of suggestions to forward to Xcel. Aho asked if they are just replacing the existing line without changes in the path or route. Neal said that is what they told staff. 2. Flying Cloud Fields and Community Gardens Lease Proposals from Metropolitan Airports Commission Neal said there were provisions in the Final Agreement with the MAC for expansion of the airport in December of 2002 that contemplated expansion of the Flying Cloud fields. The expansion area would be immediately to the west of the existing Flying Cloud fields. That was an important provision in the agreement, and we have been working with the MAC since December of 2002 to realize those provisions of the agreement. He said tonight we have a couple of lease agreements that put this into play. It is a result of many years of asking MAC for this as we move forward,understanding they had issues they needed to contend with. Lotthammer said we have always had a lease for the soccer and small baseball fields as well as the community gardens. This proposal is three separate leases: one is for the current ball fields; one for the expanded ball fields; and one for the community gardens. The amounts per year are CITY COUNCIL MINUTES July 20,2010 Page 11 $1,000 for the existing fields, $2500 for the new fields and$1.00 for the gardens. We would get an additional 26 acres for a term of three years with a renewal. It is very similar to the previous lease. Some of the fields will be larger fields and it will help us with wear on the existing fields. These are important additions to the park system and something we have looked forward to for a long time. If we sign the leases and go ahead with the design now, we would be able to do the design this fall and then go out for bid. We would anticipate starting construction in May of 2011. The fields would grow and become sustainable in 2012, so we could then begin to use the fields in 2013. Aho said he was glad we are finally at this point in the process. He asked how many fields we are talking about. Lotthammer said we have a preliminary site plan for the fields. Case said he understood the three-year lease term is something that is needed from the MAC perspective,but, with the length of time it will take to develop the fields and begin to use them, the worst case scenario could be that we would only have one year to use it. Lotthammer said that is a possibility but would definitely be the worst case scenario and one we have been in for many years with the current year-to-year lease. Duckstad asked if the cost for grading and installation of the ball fields would go over$1,000,000. Lotthammer said the current estimate is approximately$1,200,000 for construction, and we have slightly more than that in the referendum budget. Duckstad asked how much money came from the 2005 referendum. Lotthammer said it was $1,200,000 for this portion of the project. Duckstad said he was concerned with Mr. Lotthammer's statement regarding the worst case scenario. The lease terms run three years, and the City of Eden Prairie would have the right to renew it for another three years. The problem with the lease is that it specifically says the MAC may at any time take the land back after giving a one-year written notice to Eden Prairie. Lotthammer said it states either party could vacate with a year's notice. Duckstad said the lease also states it would be considered subordinate so the lease between Eden Prairie and the MAC would be of no avail if the MAC or the United States decided that they wanted to expand or improve the airport for purposes of aviation. He said that suggests we have a bad investment risk of our$1,200,000 in the event the MAC or the U.S. government wants to recapture the land. Duckstad said the information included the fact that the MAC was interested in having the opportunity to develop three acres of the land near the ball fields for commercial development. He asked if we have any idea what they have in mind for that. Neal said we believe they have an interest in doing some small commercial development at that location,possibly with food or gasoline; however they have not proceeded very far with any potential developers and we have received no formal proposal or plans. Duckstad noted the area proposed for commercial development would be CITY COUNCIL MINUTES July 20,2010 Page 12 across from residential property and asked if this matter has gone to the Planning Commission. Neal said it has not. Duckstad said the MAC is a public state corporation that has been enabled by statute to conduct aviation business. He was not so sure that development by them of commercial property has anything to do with aviation and may fall outside the purview of the statute. Rosow said he has looked at that issue and will be prepared to address it as he understands it. He said the proposal before the Council tonight does not give approval to the proposals the MAC has under consideration and they have not presented formal proposals to us. Rosow said the lease gives the MAC rights to a three-year renewable lease and they have the right to cancel at any time. We have been under this situation with respect to the current lease for as long as that lease has been in operation since the 1970's. The MAC has informed us that their 20-year plan does not have any development going on in these areas. The statute under which they operate prohibits them from using their property for any purpose other than aviation. An exception is they can rent land for non- aeronautical purposes at less than fair market value to promote positive community relations. This is the type of use which would fall within that exception. When they approached the FAA that exception provision was not used because the lease of this property was part of a larger memorandum of understanding in which there were many agreements back and forth dealing with such things as sewer and water. When we tallied up what was being given and what was being received, they were in fact getting fair market value and that is how they presented it to the FAA. The FAA agreed and gave their approval for the leasing of this property. They could still pull the plug on the lease,but there are no present plans to do that and he didn't think they would be negotiating with us with the idea they would need this in five years. Duckstad asked if there is no consideration of reimbursement of the $1,200,000 in the ball parks if they decide to pull the plug. Rosow said there is not. With regard to the commercial property Duckstad asked if that is part of the consideration by the MAC in giving us this deal. Rosow said it has nothing to do with this. Nelson said she was glad to know this has finally moved forward and we have come to some kind of agreement with MAC. Case said he appreciated Council Member Duckstad's concerns. The MAC has always had zoning authority power over Eden Prairie. The only power we have had is the leverage of being active politically. It would be very unlikely they could take this away in four years without experiencing considerable grief from the public. CITY COUNCIL MINUTES July 20,2010 Page 13 Lotthammer reviewed the preliminary site plan that showed the layout of the ball fields and the access roads. MOTION: Nelson moved, seconded by Case, to approve lease agreements with the Metropolitan Airports Commission for the current and expanded athletic fields and the community garden plots at Flying Cloud Airport. Rosow said negotiations have been ongoing and we recently submitted some minor revisions to the lease agreement that the MAC has not had time to act upon. He asked that the approval be made subject to the changes to the matters of indemnification and other small maters presented to the MAC. Duckstad said he would like to see the City Attorney go back and try to obtain a strengthened lease agreement that would permit us to keep the property for a longer period of time if we are going to spend over $1,000,000 on the property. AMENDMENT TO THE MOTION: Nelson moved, seconded by Case, to approve the lease agreements subject to the changes to the matters of indemnification and other small matters presented to the MAC. Motion carried 3-1-0,with Duckstad opposed. VOTE ON THE MOTION AS AMENDED: Motion carried 3-1-0, with Duckstad opposed. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Metropolitan Council's Housing and Affordable Goals Jeremiah said the Metropolitan Council requested that we adopt by resolution the goals for housing by September. The range for the affordable housing goal is 1200-1800 units and is 1800-2500 for life cycle housing. She said by adopting the goals we retain our ability to receive grants and loans that are administered by the Met Council. She said there are no sanctions for a community's not reaching the goals. She said staff will bring the draft resolution on August 17 and will work on the housing action plan which is already noted in our Comprehensive Plan. Duckstad asked if the resolution will ask the Council to adopt in principal the parameters of these guidelines or that we will be bound by them as written. Jeremiah said they are goals only and the resolution will state that. The Met Council has indicated there will be no sanctions if we don't meet the goals. Duckstad said we all want adequate affordable housing and asked if at the present time the Met Council feels Eden Prairie has met the quota of expected affordable housing they recommended in the past. She said we are in good standing with the Met Council in regard to affordable housing; however, we did not meet the goals in our last Comprehensive Plan. CITY COUNCIL MINUTES July 20,2010 Page 14 Duckstad asked if that meant we are below average. Jeremiah said we are at the lower end of the scale of percentage of affordable housing compared to other communities. Nelson asked if the units Ms Jeremiah mentioned are new units or total units. Jeremiah said those are new units. Nelson asked if there will be enough new units added to the City to have a possibility of meeting these as we get closer to being built out. Jeremiah said it will be challenging. This represents 34-53% of the anticipated growth over the next ten years. We are trying to make it affordable to the average worker in Eden Prairie. Nelson asked if the goals also included life cycle housing such as senior housing, disability-style housing and multi-family housing. Jeremiah said the intent is to have a healthy mix of housing for all age, ability and economic levels. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Professional Services A2reement with Hansen, Thorp, Pellinen, Olson, Ltd., for Design Services for the Flying Cloud Fields Expansion - Fields 2. Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for Design Services for the Flying Cloud Fields Expansion— Commercial Site—MAC Site Lotthammer said these two items are closely tied together and relate to the site plan he showed the Council in Item XIV.B.2. He said the next step is to enter into a professional services agreement with Hansen, Thorp, Pellinen, Olson Ltd. (HTPO) for design services so we can then go out for bid. He said the 26 acre ball field site and the 3 acre commercial site should have the grading done together. In order to identify costs that would be borne by the MAC we have done two separate agreements, and they will pay for all the construction on their three acres. MOTION: Case moved, seconded by Nelson, to approve the Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for design services for the Flying Cloud field expansion. Motion carried 3-1-0,with Duckstad opposed. MOTION: Case moved, seconded by Nelson, to approve the Professional Services Agreement with Hansen, Thorp, Pellinen, Olson, Ltd., for design services for the MAC site of Flying Cloud field expansion. Motion carried 3-1-0,with Duckstad opposed. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Professional Services A2reement with SL-SERCO Inc. for Phase 2 I & I Services Home Inspections CITY COUNCIL MINUTES July 20,2010 Page 15 Dietz said the Metropolitan Council Environmental Services (MCES) established a surcharge program approximately 4 years ago, which created a mandate for cities with a high contribution of infiltration and inflow(I&I) into their system to remove it by 2012 (5 year program). The MCES estimated the cost to do that in Eden Prairie to be $2.7 million. The mandate specifies that the City shall spend 20% of the total each year on prescribed activities to meet this goal. We have been working towards doing that over the last four years. We had to measure the flow in 104 service areas to determine what impact we have on their system during rainfalls. We began a pilot program to go into 1400 homes to look for illegally connected sump pumps. We concluded the only cost-effective way to deal with this in the residential area is to remove the illegally-connected sump pumps. Dietz said the next phase is the professional services agreement with SL- serco to inspect homes for sump pump connections at a cost of$599,000, with a completion date of early summer of 2011. Staff will also bring an agreement to the next meeting to have our standard consultant, SCH, complete the smoke testing process that will check for improperly connected roof and storm drains. Nelson asked what it means to remove the sump pump connections. Dietz said most homes built from the 1970's have a sump pit in the basement. Most of those have a pump and most have a hard pipe to the outside of the home; however, some have a flexible tube connected to a laundry tub or a floor drain and that clear water goes into the sanitary sewer system. That is the primary culprit in residential areas. Nelson asked about the process that will occur when a sump pump is found to be improperly draining. Dietz said we are going to give them a copy of the proper way to plumb a sump pump, and will also give them a list of plumbers working in the City during the past three years. SL-serco would walk them through the process and give the homeowner information on obtaining a permit to do this work. Nelson asked if we have any control over the group we are hiring to do this to make sure they are respectful and helpful to people. Dietz said we have been assured of that, and we will have final approval on firing people involved in the project. This company's business is going in and doing this in people's homes, and we have every confidence they understand the whole thing. We will have a training session with their staff before they start. He said the Council Members will get complaints about this because people don't want others in their homes. We have added a $100 per month surcharge to the utility bills to encourage people to let us in. Duckstad asked Mr. Rosow if he was satisfied that we have a legal basis for engaging in this kind of conduct. Rosow said the right to enter the home is the homeowner's option, and, as Mr. Dietz has indicated, most homeowners allowed that to happen with the initial pilot program. Without the homeowner's permission to enter we would need an administrative search CITY COUNCIL MINUTES July 20,2010 Page 16 warrant to enter the home. Dietz said the ordinance that the Council passed allows for a private party inspection as an option. We will allow the homeowner to have a third party inspect their home and provide a certificate of compliance at the homeowner's expense. Duckstad asked if we have used this company before and if they come highly recommended. Dietz said this is the first time we have used them, but we believe they will do a good job. Duckstad asked if the $599,000 for the home inspections is part of the $2,700,000 estimate. Dietz said it is. Duckstad asked if Mr. Dietz was concerned this project will not work and we will run into problems. Dietz said he was fearful of that. The MCES requires we spend the money towards the kinds of things that will solve the problem. We spent 3-1/2 years evaluating this and came to the conclusion that these are the things that can be cost effective to solve our problem; however, we cannot guarantee they will. It is the standard practice to solve the problem. Duckstad said we are really at the mercy of the MCES to do the work without recognition that we will accomplish it with what seems to be a monetary nightmare. Dietz said there is a high probability that this will resolve the issue. The MCES has tested the flows in their entire system and have found approximately 40 cities that have excess I&I. They can either expand their waste water treatment plants or they can tell us to fix it. If we knew exactly where this was coming from, we could more accurately spend the money. Aho asked if we have an estimate of the percentage of the 1400 homes in the pilot project where there were problems due to roof drains and sump pumps. Dietz said there was something on the order of 100 out of 1400. One sump pump can cause a huge amount of water pumped into the system. He said he also suspects some of the 80 homes that haven't let us in may have some issues. Aho asked where the $599,000 for the project is coming from. Dietz said it all comes from the utility fund. We are in the process of doing a rate study for sewer, water and storm water that will come to the City Council later this fall. We will be looking at some rate modifications for this and other capital projects for possible inclusion in the January 1 fee resolution. MOTION: Nelson moved, seconded by Case, to approve Professional Services Agreement with SL-serco, Inc. for Phase 2 I&I Services, Home Inspections. Motion carried 4-0. F. REPORT OF POLICE CHIEF 1. Chicken Policy CITY COUNCIL MINUTES July 20,2010 Page 17 Chief Reynolds said we have received inquiries about keeping chickens in residential areas. He said they found a lot of communities are looking into this. The main reasons for wanting to keep chickens are the local food movement, concerns over food safety and collecting chickens as exotic pets. He said our neighboring cities do not allow this in residential areas, although Bloomington is considering it. The primary concerns are that the chickens will attract vermin, spread diseases and cause odors. He thought we could regulate those concerns with ordinances, but he believes the heart of the issue is the concern about managing the expectations of residents living in the area. They don't expect farm animals in residential areas and are concerned about diminishing property values. He said we can regulate the conditions for housing chickens, but it is still a chicken coop. He said tonight staff is looking for direction from the Council. Nelson asked if residents of any home that is still zoned rural could keep chickens. Chief Reynolds said they can keep them if it is zoned rural and there is an agricultural purpose or a nonconforming use. Nelson said she has heard from a few people that aren't interested in having chickens allowed in their neighborhoods and only one family that is interested in having chickens. She said she was not excited about having large numbers of chickens in the community, but she could understand the concerns of those who want them. Case said he was not prepared to weigh in on this tonight. He felt he was missing the sense of what is happening in suburban communities across the nation. He empathized with the food issues but he didn't have a comfort level tonight to know what our people would want on this issue. He said in the past we have formed a committee or task force of community members and sent them out to gather information on an issue such as this. If this is something we feel that we may change, he was not comfortable in saying no to it. He would like to have a lot more information about the issue. Chief Reynolds said we could set up a task force; however there is no definite path or trend that is easy to identify. Neal said it is important for Council Members to know that until we make a change in the ordinance we feel compelled to enforce the ordinance as it stands. We have informed some people involved with chickens that we would be having this discussion tonight. Nelson said the other piece of information she would need if we consider this is exactly how other kinds of pets are dealt with and how our rules would relate to outdoor pets. Chief Reynolds said in communities that have this, most of them are gearing up for this being an outside animal. Aho said he heard from one family that is in favor of this and more people that are opposed to it. His concern is for all of our residents, and a policy like this would require a lot of complicated legislation in terms of setbacks CITY COUNCIL MINUTES July 20,2010 Page 18 and types of housing for the animals. It would be onerous to administer something like that. He thought we would have to have more clear direction from residents that they want this. 2. Night to Unite Chief Reynolds said August 3 is the Eden Prairie Night to Unite event where we get together with neighborhoods to build relationships with the community. He said we will send out teams from the Police and Fire Departments with equipment to the neighborhoods and will talk to them about how to build a safe community. He invited Council Members to ride along with them. He said they will also do a collection for PROP as part of the event. G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Standards for Granting Land Use Variances Rosow said there will be a change in the way variances are considered and approved or denied across the State of Minnesota. The law with respect to variances in our zoning has not changed. The law states in order to get a variance you must show an undue hardship. The law has defined an undue hardship as meaning the property in question cannot be put to reasonable use if used under the conditions allowed. He said the one test that causes the most difficulty in compliance is the one that says the property cannot be put to reasonable use without the variance. Cities have struggled with that over time and a lot of guidance came from the Court of Appeals in 1989 when they said the property owner has to show that he is proposing to put the property to a reasonable use but is not allowed to do that by the ordinance. On June 24 this year the Supreme Court said the ordinance does not say that, and you can't get the variance if the property can be put to reasonable use. Nelson said it does sound like it is going to make it more difficult for people to come and ask for a variance. Rosow said the situation in the Supreme Court case arose because Minnetonka granted the variance under the less stringent test and the neighbor appealed the variance. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Acting Mayor Aho adjourned the meeting at 9:42 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 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. Solid Waste Collector Biffs Boxes New Liquor License(s) Licensee name: Red Moon Chinese Café Inc DBA: Red Moon Chinese Café 582 Prairie Center Dr#200 XH, LLC DBA: Mix Fusion Bistro 6407 City West Pkwy#C7 Amendment to Liquor License 2AM Closing Permit- Renewal Purple Star Inc. DBA: Green Mill of Eden Prairie - 1 - CITY COUNCIL AGENDA DATE: August 17, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Ridge at Riley Creek 3rd Addition Janet Jeremiah/Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 3.4 acres; and • Approve the Development Agreement for Ridge at Riley Creek 3rd Addition; and • Approve and Authorize Issuance of a Grading Permit for Ridge at Riley Creek 3rd Addition, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated May 29, 2009, as approved by the City Council. Synopsis This is final approval of the plans and development agreement for a 2 single family lot subdivision on land that is guided low density residential. Background Information The 120-Day Review Period Expires on December 31, 2010. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Development Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RIDGE AT RILEY CREEK 3RD ADDITION ORDINANCE NO. 14-2010-PUD-4-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the R 1-13.5 Zoning District 14-2010-PUD-4-2010 (hereinafter "PUD-4-2010-R 1-13.5). Section 3. The City Council hereby makes the following findings: A. PUD-4-2010-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2010-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-4-2010-R1-13.5 are justified by the design of the development described therein. D. PUD-4-2010-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 17, 2010, entered into between A.J. Rouse, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-4-2010-R1-13.5, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development 4-2010-R1-13.5, 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 June, 2009, 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 17th day of August, 2010. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. EXHIBIT A PUD Legal Description — Legal Description Before Final Plat Lot 1, Block 1, The Ridge at Riley Creek 2nd Addition, Hennepin County, Minnesota. Legal Description After Final Plat Lot 1-2, Block 1, and Outlot A, The Ridge at Riley Creek 3rd Addition, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RIDGE AT RILEY CREEK 3RD ADDITION SUMMARY OF ORDINANCE NO. 14-2010-PUD-4-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 9820 Sky Lane within the R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk PUBLISHED in the Eden Prairie News on August 26, 2010. (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT THE RIDGE AT RILEY CREEK 3'm ADDITION THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of August 17, 2010,by A.J. Rouse,LLC, a Limited Liability Company,hereinafter referred to as "Developer,"its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 3.4 acres,Planned Unit Development District Review with waivers on 3.4 acres,Zoning District Amendment within the R 1-13.5 Zoning District on 3.4 acres,and Preliminary Plat of 3.4 acres into 2 lots and 1 outlot, legally described on Exhibit A (the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2009-42 for Planned Unit Development Concept Review,Ordinance No. 14-2010-PUD-4-2010 for Planned Unit Development District Review and Zoning District Amendment within the R1-13.5 Zoning District on 3.4 acres, and Resolution No. 2009-43 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated May 29, 2009, reviewed and approved by the City Council on June 16, 2009, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. Page 1 of 17 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEDICATION OF PARK LAND: Prior to release of the final plat for the Property, Developer shall tender a warranty deed for proposed Outlot A for review and written approval by the Director of Parks and Recreation Services. After approval by the City, Developer shall file the warranty deed with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the warranty deed has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot shall be sold or transferred to the first intended residential homeowner,nor an agreement entered into to construct a home on any lot within the development unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on Lot 1,Block 1,as depicted on the Plans,(whichever comes first), a disclosure statement in form and substance as attached as Exhibit D hereto regarding the Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer shall require by contractual obligation with its initial purchaser the delivery of the disclosure Page 2 of 17 statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot(whichever comes first). 7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition,the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins or Stormwater Infiltration Systems(such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips,curbless parking lot islands,parking lot islands with curb-cuts,traffic islands, tree box filters,bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction,erosion, clogging,vegetation loss and channelization of flow are not occurring,and thereafter by the Owner of the Property.A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development Page 3 of 17 Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, re-mulching of void areas,replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 8. HOOK UP TO PUBLIC UTILITIES: Prior to issuance of any building permit for the Property, Developer shall connect the public sanitary sewer and water main to the existing house on Lot 2,Block 1 of the Property, as depicted on the Plans. Developer shall abandon and seal the existing well and septic systems in accordance with City Code requirements. 9. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of the residential building Page 4 of 17 permit for the Property Lot 1, Block 1, as depicted on the Plans, Developer shall submit to the City Building Official, and obtain the City Building Official's written approval of plans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels, depicted in the Metropolitan Council's Transportation Policy Plan, Appendix H, (Metropolitan Council Land Use Compatibility Guidelines for Aircraft Noise) Table 4, adopted December 15, 2004. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 Zoning_District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): 1. Front yard setback of 30 feet. A 59 foot minimum front yard setback is required for Lot 1. Developer shall provide additional screening within the setback in or to minimize the impact of this waiver. The plans for the additional screening shall be submitted to and approved in writing by the City Planner prior to issuance of any building permit for the Property. 11. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 12. 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 to be constructed on the Property. Prior to release of any portion of the final plat,Developer shall convey to the city easements for such sidewalks in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located adjacent to Sky Lane as depicted in the Plans. After approval by the City, Developer shall file the sidewalk easements with the Hennepin Page 5 of 17 County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the building permit for the Property Lot 1,Block 1,as depicted on the Plans, Developer shall submit to the City Engineer proof that the sidewalk easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office in accordance with the requirements of this paragraph. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall be signed by the owner(s)of the Property with the City for Eden Prairie Road street,trail and sidewalk,storm sewer,and water quality improvements"Eden Prairie Road Improvements" in the amount of$12,600. 14. TREE LOSS - TREE REPLACEMENT: There are 2368 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 142 diameter inches. Tree replacement required is 11.3 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 11.3 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of a building 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. Page 6 of 17 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By By Its Phil Young Its Mayor By Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 17th day of August, 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 ,the ,of A.J. Rouse,LLC , a Minnesota a Limited Liability Company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Page 7 of 17 EXHIBIT A DEVELOPMENT AGREEMENT—THE RIDGE AT RILEY CREEK 3RD ADDITION Legal Description Before Final Plat Lot 1, Block 1, The Ridge at Riley Creek 2nd Addition, Hennepin County, Minnesota. Legal Description After Final Plat Lot 1-2, Block 1, and Outlot A, The Ridge at Riley Creek 3rd Addition, Hennepin County, Minnesota. Page 8 of 17 EXHIBIT B DEVELOPMENT AGREEMENT—THE RIDGE AT RILEY CREEK 3RD ADDITION Plans: Preliminary Plat dated 04/17/09 by Anderson Engineering of Minnesota, LLC. Preliminary Site, Grading, Drainage &Utility Plan dated 04/17/09 by Anderson Engineering of Minnesota, LLC. Preliminary Tree Preservation-Replacement Plan dated 04/17/09 by Anderson Engineering of Minnesota, LLC. Existing Conditions dated 04/17/09 by Anderson Engineering of Minnesota, LLC. Page 9 of 17 EXHIBIT C DEVELOPMENT AGREEMENT—THE RIDGE AT RILEY CREEK 3'm ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: North American Banking 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: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City Page 10 of 17 a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform Page 11 of 17 any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to Page 12 of 17 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. Page 13 of 17 EXHIBIT D DEVELOPMENT AGREEMENT—THE RIDGE AT RILEY CREEK 3RD ADDITION THE RIDGE AT RILEY CREEK 3RD ADDITION DISCLOSURE OF INFORMATION Developer shall cause the following notice to be given, either from Developer itself or Developer's successors in interest to any portion of the Property,Lot 1,Block 1, as depicted on the Plans,to all residential home purchasers of lots within the Property,Lot 1,Block 1,as depicted on the Plans,who intend to occupy a residence on such lot,prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property Lot 1, Block 1, as depicted on the Plans, whichever occurs first: The Property is located near the Flying Cloud Airport, which is owned and operated by the Metropolitan Airports Commission. The Metropolitan Airports Commission currently has under consideration the expansion of the airport runways, which may affect the Property. Further information regarding the airport and the proposed expansion can be obtained from the Office of the Airside Project Manager, Telephone No.: 612-725-8371 or 612-726-8100 Page 14 of 17 EXHIBIT E DEVELOPMENT AGREEMENT—RIDGE AT RILEY CREEK 3RD ADDITION AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2010,between the City of Eden Prairie, a municipal corporation, (the "City") and a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon and requires the construction of the following public improvements: Street and utility improvements adjacent to the Property(which is hereafter referred to as"Eden Prairie Road Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Eden Prairie Road Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the construction, and maintenance of the Eden Prairie Road Improvements as follows: The Property will be assessed for Eden Prairie Road Improvements in an amount not to exceed$12,600 in accordance with the Feasibility Study pursuant to Minnesota Statutes Chapter 429. 2. The City will prepare a Feasibility Report that shows proposed costs to be assessed against the Property and additional amounts to other lands for the Eden Prairie Road Improvements. The actual cost to be assessed against the Property for the Eden Prairie Road Improvements may differ from the amount in the Feasibility Report. Actual cost to be assessed against the Property for the Eden Prairie Road Improvements shall be determined in the same manner as reported in the Feasibility Report prepared with respect to these improvements. 3. For purposes of determining the amount of the assessments,the costs of the Eden Prairie Page 15 of 17 Road Improvements shall include, in addition to actual construction costs, administrative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Eden Prairie Road Improvements and costs incurred for acquisition of easements and or right-of- way including attorney fees. 4. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 6. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 7. This agreement shall be effective immediately. 8. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. Page 16 of 17 OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Phil Young Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2010, by Phil Young, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by the , a Minnesota , on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Page 17 of 17 CITY COUNCIL AGENDA DATE: August 17, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning License Agreement Amendment Janet Jeremiah/Steve Durham Telecommunications Tower 8950 Eden Prairie Road Requested Action Move to: • Approve the license agreement amendment between Clearwire and the City of Eden Prairie for additional antennas on the existing Telecommunications Tower at 8950 Eden Prairie Road. Synopsis Clearwire wants amend the license agreement to include additional antennas on the existing telecommunications tower on city property behind the senior center. Background Information The proposed tower conforms to City Code requirements for height and setback. Attachments 1. License agreement 2. Location map 3. Plans Site Name: Eden Prairie Senior Center Site ID#:MS14XC873 AMENDMENT NO. 1 TO LICENSE AGREEMENT This Amendment No. 1 to LICENSE AGREEMENT("Amendment"), effective as of the date last signed below ("Effective Date"), amends a certain License Agreement between Sprint Spectrum Realty Company, L.P., a Delaware limited partnership, successor in interest to Sprint Spectrum L.P., ("Grantee")and City of Eden Prairie,a Minnesota municipal corporation("Grantor"), dated January 16`",2001,(the"Agreement"). BACKGROUND WHEREAS, Grantee desires to modify Exhibit B to the Agreement and Grantee's Improvements on the Tower and on the Land to allow its affiliate, Clear Wireless, a Nevada limited liability company, to install antennas and equipment consisting of those drawings labeled C-1,C-2, ANT-1,(referenced collectively as Exhibit B-1)("Equipement") copies of which are attached and made a part hereof to be included as part of Grantee's Facility as more fully shown on Exhibit B-1 hereto within Grantee's space at the Tower and on the Land at 8080 Mitchell Road, Eden Prairie,MN 55344 for the deployment of advanced wireless services,which Equipment as modified hereby shall be considered a part of Grantee's Facility at the Property. WHEREAS,Grantee and Grantor therefore desire to modify the provisions of the Agreement as provided below. AGREEMENT For good and valuable consideration the receipt and sufficiency of which is acknowledged, Grantor and Grantee agree as follows: 1. Modification to the Facility.Pursuant to Section 4(a)of the Agreement, Exhibit B of the Agreement is amended to include the revised Exhibit B-1,consisting of lease drawings labeled C-1, C-2, ANT-1, a copy of which is attached and made a part hereof. Grantee shall verify that the additions, alterations, modifications, or replacement of Grantee's Facility pursuant to Exhibit B-1 and this Amendment will not materially interfere with any equipment, signal, and/or operation of any existing equipment which is installed on the Tower and/or used by any other current Grantee of Grantor on the Tower as of the Effective Date of this Amendment, provided such existing equipment is operating within its within the terms of its FCC License. The failure of Grantee to comply with such condition of this Amendment shall constitute a material breach of the Agreement as hereby amended. Upon full execution of this Amendment, Grantee is permitted to do all work necessary to prepare,maintain and alter the Tower and Land to install,modify or otherwise relocate the Facility and Grantee's Improvements, all as more fully described and contemplated in Exhibit B-1. Any reference in the Agreement to Exhibit B shall hereinafter refer to and mean both Exhibit B and Exhibit B-I. 2. Modification to Section 4(a). Section 4(a) is amended to replace the words and number"twelve (12)" in the first line with "thirteen(13)." 3. Modification to Rent. In consideration for the revisions contemplated by this Amendment, effective upon the first day of the month following the date the Facility is modified, and for each year such modifications remain at the Site, including during any Extended Term, the annual license fee specified in the Agreement for that year will be increased by $12,000, partial years to be prorated. For example, if the Facilities are modified in Year 9 of the Agreement, the annual license fee for Year 9 would be $22,162.00 plus $12,000.00 (partial year to be pro-rated). Provided the modified Facilities remain at the Site in Year 10 of the Agreement,the annual license fee for Year 10 would be$23,270.00 plus$12,000.00. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4. Grantee's Notice Address. Grantee's notice addresses in Section 27 of the Agreement are hereby deleted in their entirety and replaced with the following: Sprint/Nextel Property Services Mailstop KSOPHT0l01-Z2650 6391 Sprint Parkway Overland Park,Kansas 66251-2650 With a mandatory copy to: Sprint/Nextel Law Department Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park,Kansas 66251-2020 Attn.: Real Estate Attorney 5. General Terms and Conditions. (a) All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in the Agreement. (b) In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Amendment,the terms and conditions herein will control. Except as set forth herein,all provisions of the Agreement are ratified and remain unchanged and in full force and effect. (c) This Amendment may be executed in duplicate counterparts,each of which will be deemed an original. (d) Each of the parties represent and warrant that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Amendment. ***SIGNATURES ON FOLLOWING PAGE*** 2 The parties have executed this Amendment as of the Effective Date. Grantor: Grantee: City of Eden Prairie, Sprint Spectrum Realty Comp y L.P., a Minnesota municipal corporation a Delaware limited partners ' By: By: Name: Phil Young Name: Holly . Castellanos Title: Mayor Title: Manager, Real Estate Date: Date: (Date must be completed) (Date must be completed) 8— to By: Name: Scott H.Neal Title: City Manager Date: 3 Exhibit B-1 [see attachedl IOC f n EXISTING ASPHALT i �i/aIVI / I -•O.\ !a " �_ PARKINS LOT / tI f �--F i L y� il( = - I; \ 1 t 2 TYi; I� iJI i -F \--) 11 \ , , i1H6' ...,..).: • , ! / i / /-,,,-/-:-„,„ \ / -r ti T� _� 1 1i i MVIUMMi ...1 I rp�0a�1 II 11 �f-17 1 I II^ 1 I -I. i \i r l7GSTiNO RAN. :� �{ j11l 1 I {II'' 1 I I ----IIsa ... 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I. , . . + 1414" y ''lig •.V -. : cl• • �• _• - } 4' t7 Si 'Jor V , ' •L - • i :. '3 {'y Cr. Cell Tower Location • a) ' i _ W 7 ille / __:-. 4.- .1If :0., W . . \ . ' .. 4111%"1-a-.. la., J4* .7/.. — 4110 l , 4.0. .r....n. Apt, '':.. . . =.6.:. . 4 , Lt . , ., .: - . ,_ ....._____ _ ...-- ... --, . it* .. IS -. . .� ,, N kT...... Ni Scale it I • clear w re TM PROFESSIONAL ENGINEER o l he.rtthy certify that this plan,specification,or /� 3 report via:-,prepared by me or under my direct V ` _`� su;le�rision and that l am a dulyticensedNI rp -p, .s, Prermsiona W l Engineer under the laws of the W E =pe State of Minnesota. - 'ro €�6 a simpler way to internet v N�¢ Print Name; • i � r/if >t Signature: 4//lfa � I ,,�0 0 Date s1`UM/ ce • 26181 NI- o,`Oo O co 0 =-corn Vaip� N rn�� W3 :11V3 • O .. x O OL p SITE NUMBER: MN-MSP0272 "'MERMttttttttt'`'tt- �"�° ��a LA CONSULTANT TEAM ;`�,�?�•'°• • ':;�''e .\440 . SITE NAME: SPRINT CO—PLANE 1oi , NSA° = PROJECT CONSULTANT: TERRA CONSULTING GROUP,LTD. rrt SI® e 600 BUSSE HIGHWAY • s liGINEER 3 s iv�a' : s ¢ o PARK RIDGE,IL 60068 : s a' � (847)698-6400 �'yrsr, ��° °•���`� STRUCTURAL ENGINEER: 32W273WARMYINA TRAILRIOADRING PROPOSED ANTENNAS ON EXISTING MONOPOLE TOWER WITH ,,,+st''' �0..Fei::�s'',�ys,, o WAYNE,IL 60184 RELATED RADIO EQUIPMENT AT BASE (630)513-6771 o O O w g VICINITY MAP REGIONAL MAP PROJECT INFORMATION SHEET INDEX . act w ✓� l SHEET DESCRIPTION REVISION o ' o g ' n °J g Ct3 SITE NUMBER: M f P N y o °. N-MSP0272 %'� SITE NAME SPRINT CO PLANE T � �- m �; - T 1 TITLE SHEET 2 w ,�, 3 w Y a,a - os f WAYZ4T9,BLyp Minneapolis ® o" � S '^ �`� SITE ADDRESS: 8950 EDEN PRAIRIE RD C-1 SITE PLAN - w " EDEN PRAIRIE,MN 55347 w y�VBaY�� r , �� Ia*"`" �� - C-2 ENLARGED PLAN k Baaoh,,'� 'a.'—V .,•.0 C 2A PLATFORM LAYOUT PROJECT pkli C-3 SITE DETAILS&CONCRETE NOTES o LOCATION eauao-ceeo Si1 _ APPLICANT: CLEARWIRE - C-4 H-FRAME/EQUIPMENT DETAILS 8800 HIGHWAY 7 { "'' ` ST LOUIS PARK,MN.55426 A 1 DIRECTIONAL ANTENNA INSTALLATION DIAGRAM E / pJ _ ANT-1 TOWER ELEVATION AND ANTENNA SCHEDULE 2 ," Q pass ANT-2 ANTENNA SUPPORT DETAILS&NOTES 2 SITE MN—MSP0272 " SUTTONDa ,�� � , �� I 2 , ,f/ ANT-3 IF CABLE NOTES S6 r / r CLEARWIRE MATT SONKE E-1 UTILITY ROUTING PLAN & DIAGRAM - `o i ,a ch n , �- \� .w,�R a°� , w ®_®^,_J.:2�. PROJECT (303)859-9696 E-2 SITE GROUNDING DIAGRAM/PLAN - SPRINT Ba ,p��;° ,�. !! MANAGER: CO—PLANE I � �o ..- - E-3 LOAD CENTER DIAGRAM & DETAILS 0. 0 I a v - ,�� �� ��� TowER PRIVATE LL ��_� CONSTRUCTION NOTES t 9-- y o� OWNER: MARK VANDENBERGHE ELECTRICAL NOTES K,Sy Jib .1 (952)949-6200 ar o ri o ANITA LAPLAN T E -- • 1 ,- ,y � f. _ � 1 794-2592 8950 EDEN PRARIE RD EDEN PRARIE,MN 55347 SK'F EBW fc.Nam .,',4 'oYeER 0, s�a�—' g-P ```Y o savasa.� ,a. LATITUDE: N 44°50'26.592' ( 1�--�' t3 101� EC '' B 1. LONGITUDE: W 93°28'52.880" DRANM BY JLR/MT PROJECT l LOCATION , �,D .-% -r� CHECKED BY. DM; 1'4 DATE 12/01/09 PROJECT# 43-175 APPROVALS DRIVING DIRECTIONS SPECIAL NOTES STRUCTURAL ATTACHMENTS —_ SHEET TITLE DATE FROM MINNEAPOLIS-SAINT PAUL INTERNATIONAL AIRPORT(MSP) HANDICAPPED REQUIREMENTS: S-1 TOWER ELEVATION AND DETAILS - TITLE SHEET CLEARWIRE CM HEAD SOUTHEAST ON ROUTE 5/GLUMACK DR.TAKE RAMP ONTO MN-5 E. FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION TAKE THE MN-55 W/MN-55 E EXIT TOWARD MINNEAPOLIS FORT HANDICAPPED ACCESS REQUIREMENTS NOT REQUIRED CLEARWIRE RF SNELLING/HASTING.KEEP RIGHT AT FORK FOLLOW SIGNS FOR MN-55 SHEET NUMBER E/MENDOTA BRIDGE AND MERGE ONTO MN-55 E.TURN RIGHT AT MN-13 S. CLEARWIRE PM TURN LEFT AT MENDOTA HEIGHTS RD.TAKE 2ND RIGHT ONTO CO RD PLUMBING REQUIREMENTS: 31/PILOT KNOB RD.TURN LEFT TO MERGE ONTO 1-494 W.TAKE EXIT 11C TO FACILITY HAS NO PLUMBING �- CLEARWIRE MW MERGE ONTO MN-5 W/US-212 W.TAKE EDEN PRAIRIE RD EXIT.TURN RIGHT LANDLORD AT EDEN PRAIRIE RD.MAKE U-TURN AT SPRING RD. We po% t� �( EXISTING XFMR a L y C� o PROPOSED CLEARWIRE q< N >' h =f ¢ FF L ro EQUIPMENT.SEE SHEET CV- EXISTING EQUIPMENT 01 o C-2 FOR ENLARGED PLAN SHELTERl (13 ==gip PROPOSED CLEARWIRE DIRECTIONAL r 10' 20' 40' al(1) ANTENNAS&PANEL ANTENNAS ___ MOUNTED ON EXISTING MONOPOLE SCALE IS FOR 11x17MEDIA o TOWER.SEE SHEET ANT-1 FOR41,i/ 0 i$ (USE HALF SCALE FOR24x36MEDIA) o�o6 ANTENNA PLAN&ELEVATION n i 0 PROPOSEDB'ACCESS �J�� 1_,,, ROUTE 0 =-�� �Z Q)Q f N \ / co ,•; EXISTING ENCLOSED �Z o Y� X 0 ,( \< v FENCED EQUIPMENT �Ou �aa r � _ ,( — " COMPOUND `# 0 C — 4 EXISTING EXISTING BUILDING +OW PARKING AREA w 2) o (_ r Sr r-, r' \ EXISTING PARKING �yI I W 0AREA I _ — Q 3 w r'22 O o w CI Z 0 S' . ,- W /� W y i` r- SITE MN-MSP0272 SPRINT ' 0 CO-PLANE SUTTON DRIVE 8950 EDEN PRARIE RD/ EDEN PRARIE,MN 55347 EXISTING BUILDING �'`,,,MM ERto Al,,,., DRAWN BY JLR/MT ••.�4/A. e, CHECKED BY: DM ^J�• • • :3 i DATE: 12/01/09 (..... 7�• LICENSED � PROJECT#: 43-175 :: . PROFESSIONAL EXISTING BUILDING ENGINEER : SHEET TITLE / / (T.P) • 26181 SITE PLAN :I THIS SITE PLAN WAS CREATED OFF OF FIELD MEASUREMENTS BY THE ,S• 'T9T�•....•••N�S0�.` ,+++ OFq^IN ,`+� SHEET NUMBER DESIGNER.AS BOUNDARY SURVEY +�++u+n+"' WAS NOT SUPPLIED FOR PURPOSES 1 SITE PLAN C-1 OF SITE LAYOUT&UTILITY ROUTING. SCALE 1"=40'-0" i(i, E a • n a EXIS—ING DOUBLE SWING C o ACCESS GATE 0 — EXISTING CONCRETE WALK 1. k( \I % - `4,',N O oao PROPOSED CLEARWIRE EQUIPMENT CABINET ❑ =INIM— U N glp ON EXISTING SPRINT/NEXTEL STEEL 0 1' 2' 4' EQUIPMENT PLATFORM EX X/ ■ SCALE IS FOR 11x17 MEDIA • (USE HALF SCALE FOR 24x36 MEDIA) -I T°O O O PROPOSED GPS ANTENNA _� ❑ 6 3 o�,0 _ PROPOSED UTILITY H-FRAME a CD J�co / in -- _ C 01 rn W3 m(ajco PROPOSED LIGHT X �^" - EXISTING UTILITY H-FRAME a � O t.. x IE 1 a O O S p E_ �u (Odd,,_ EXISTING CHAIN-LINK FENCE ❑ \ 1( / = ■ (UP.) I ;�� EXISTING WOOD FENCE X I )) X (� (TYP.) 2.5' ❑ // Th-_ III // ❑ h EXISTING CARRIER o // I C _. ENCLOSED EQUIPMENT COMPOUND EX // X 17-r // I ❑ // // EXISTING CONCRETE ❑ // ■ z w RETAINING WALL(TYP.) X —Al I // il o o / N 0 N 11 PROPOSED COAX TO DAYLIGHT I I HERE.PROPOSED COAX TO BE I I , ROUTED UNDERNEATH I I PROPOSED 8'WIDE EXISTING SPRINT/NEXTEL EQUIPMENT ON z PLATFORM TO EQUIPMENT I 1 COAX ROUTE EXISTING STEEL PLATFORM I I �/// 11 SITE MN-MSP0272 11 11 11 EXISTING VERTICAL EXISTING GRASS SPRINT CABLE TRAY AREA CO-PLANE PROPOSED COAX TO DAYLIGHT I I HERE.CLEARWIRE TO UTILIZED I I EXISTING UNDERGROUND 1 1 8950 EDEN PRARIE RD CONDUITS.PROPOSED COAX TO 11 EDEN PRARIE,MN 55347 FOLLOW EXISTING COAX ROUTE. iiiii--- , t-t ','U a 5JEi �,,,tunt�a�rra i� ____.__— °��°^\e A,M E R n,, B 7, DRAWN BY JLR/MT CHECKED BY: DM ° °°ev/6p:• DATE: 12/01l09 . EXISTING CABLE TRAY / EXISTING BUILDING �� L�CENSEO \\ X PROFESSIONAL a PROJECT# 43-175 / • �N 6181 ` SHEET TITLE - 26181 ENLARGED SITE PLAN THIS SITE PLAN WAS CREATED OFF K ......I OF FIELD MEASUREMENTS BY THE '�i,F�OF�M,NNc�` SHEET NUMBER DESIGNER.AS BOUNDARY SURVEY 1 SITE PLAN WAS NOT SUPPLIED FOR PURPOSES SCALE:1"=4'-0" C-2 OF SITE LAYOUT&UTILITY ROUTING. m' p iiiW • c =£ o « = o1 L. 3 SFD CI EARWIRE EQUIPMENT CABINET g W p1 ON EXISTING SPRINT/NEXTEL STEEL 0 N `qp EQUIPMENT PLATFORM Ell 0 1' 2' 4' g cc, SCALE IS FOR 11x17 MEDIA F (USE HALF SCALE FOR 24x36 MEDIA) J T(D 0 O ❑ ■ II- --El- ❑ ❑ /X El - \ C ai coo`° ■ F moN't !o_co_c'1-31,_c° .OL1 0‹ X o ■ PROPOSED GPSANTENNA ❑ '- ../� lt-.40 c e ■ - e -- m 1 - �} F, I PROPOSED LIGHT �t�� v 0 o IrU o ■ ❑ CO F. w [ C J ❑ o o w liI W ¢ O IP' — — X EX L 1 \ o • El i _J - XII o - q «TapX ❑ XXE 1 -' �I i1L , i< ❑�� x ❑ SITE MN-MSP0272 SPRINT CO-PLANE EXISTING SPRINT/NEXTEL EQUIPMENT ON 8950 EDEN PRARIE RD EXISTING STEEL PLATFORM EDEN PRARIE,MN 55347 ,/111111$tIIII11///// `\'I`M A E„4 /// DRAWN BY: JLR/MT s 1., • . /v a A / ,'•• •••'.�'V i `. � CHECKED BY: DM '�•7 DATE: 12/01/09 � •; LICENSED •. i PROFESSIONAL PROJECT it 43-175 ENGINEER 26181 SHEET TITLE PLATFORM LAYOUT THIS SITE PLAN WAS CREATED OFF //`S°T�. •F.••{s••N'c'�0,,, /////O�/M;`��1\1 SHEET NUMBER OF FIELD MEASUREMENTS BY THE 1 EXISTING PLATFORM LAYOUT 2 PROPOSED PLATFORM LAYOUT DESIGNER. P BOUNDARY SURVEY C-2A WAS NOT SUUPPLIEDLIEDFOR PURPOSES - SCALE:1"=4'-0" - SCALE: OF SITE LAYOUT&UTILITY ROUTING. GENERAL NOTES: om W w E wo% 1.THE BASIC WIND SPEED UTILIZED FOR OUTDOOR EQUIPMENT CABINETS IS PROPOSED GPS ANTENNA 90 MPH PER IBC(LATEST EDITION). • E 3"EMT DOWN TO WEATHER 2.INFORMATION SHOWN ON THESE DRAWINGS WAS OBTAINED BY FIELD 0 }" - =` PROOF ENCLOSURE.CONTRACTOR MEASUREMENTS.THE GENERAL CONTRACTOR SHALL VERIFY ALL EXISTING >+ L 6%oL6 IS TO CONNECT USING 3"WATERTIGHT CONDITIONS AND NOTIFY THE ENGINEER OF ANY DISCREPANCIES PRIOR TO a. 3 ROUTE PROPOSED CABLES -\ MYERS HUB OR EQUAL ORDERING MATERIALS OR PROCEEDING WITH CONSTRUCTION. /7t i_ _ -- IN EXISTING CABLE TRAY PROPOSED CLEARWIRE #1/ Q , 3.THE GENERAL CONTRACTOR AND HIS SUBCONSULTANTS SHALL BE Q �" TECHNOLOGIES,INC. RESPONSIBLE FOR OBTAINING ALL PERMITS AND INSPECTIONS WHICH MAY BE .� E a EQUIPMENT CABINET REQUIRED FOR THE WORK. ♦ N PROPOSED LIGHT.CLEARWIRE KIT U N €U REFER TO STRUCTURAL /1CWRFLOOD-T 4.STRUCTURAL STEEL SHALL CONFORM TO THE LATEST EDITION OF THE AISC DWGS.FOR EMT ROUTING SPECIFICATIONS FOR STRUCTURAL STEEL BUILDINGS.ALLOWABLE STRESS p I/I 'N DETAILS DESIGN AND PLASTIC DESIGN INCLUDING THE COMMENTARY AND THE AISC �i , o o // CODE OF STANDARD PRACTICE. ge 3o o co Lo 0 5.STRUCTURAL STEEL PLATES AND SHAPES SHALL CONFORM TO ASTM A36. �J 1 co 0 =-corn i• , = = ALL STRUCTURAL STEEL PIPES SHALL CONFORM TO ASTM A53 GRADE B.ALL rn c0 .../ STRUCTURAL STEEL PIPES SHALL CONFORM TO ASTM A500 GRADE B.ALL M_ ' \� STRUCTURAL STEEL COMPONENTS AND FABRICATED ASSEMBLIES SHALL BE m �� EXISTING PROPOSED COAX = -— _- — __-- HOT DIP GALVANIZED AFTER FABRICATION. or a BUILDING TO DAYLIGHT HERE I Z o,.. X 6.WELDING SHALL BE IN ACCORDANCE WITH THE AMERICAN WELDING �u d d o © SOCIETY(AWS)D.1.1.96.STRUCTURAL WELDING CODE-STEEL WELD — _- 1 __ —_ _- 'i, ELECTRODES SHALL BE E70XX.FIELD TOUCH-UP WITH ZINC RICH PAINT(ALL J� ___= EXISTING AND NEW AREAS)AFTER WELDING IS COMPLETE. '-•�- 3"EMT UP TO WEATHER PROOF ...--t— ENCLOSURE.CONTRACTOR IS TO I 7.ALL THREADED STRUCTURAL FASTENERS FOR ANTENNA SUPPORT CONNECT USING 3"WATERTIGHT ASSEMBLIES SHALL CONFORM TO ASTM A307 OR ASTM A36.ALL STRUCTURAL MYERS HUB OR EQUAL FASTENERS FOR STRUCTURAL STEEL FRAMING SHALL CONFORM TO ASTM a a A325.FASTENERS SHALL BE 5/8"MIN.DIAMETER BEARING TYPE CONNECTIONS WITH THREADS EXCLUDED IN THE SHEAR PLANE.ALL EXPOSED FASTENERS, \\\ /// NUTS,AND WASHERS SHALL BE GALVANIZED UNLESS NOTED OTHERWISE. \� PROPOSED UNDERGROUND /1/ CONCRETE EXPANSION ANCHORS SHALL BE HILT!KWIK BOLTS UNLESS NOTED (2)3"0 EMT CONDUITS /// OTHERWISE.ALL ANCHORS INTO CONCRETE SHALL BE STAINLESS STEEL. �\�_ __��� 8.ALL COAXIAL CABLE CONNECTORS AND TRANSMITTER EQUIPMENT SHALL 1 TYPICAL EQUIPMENT ELEVATION BE AS SPECIFIED BY THE OWNER AND IS NOT INCLUDED IN THESE CONSTRUCTION DOCUMENTS.THE CONTRACTOR SHALL FURNISH ALL o z w SCALE:N.T.S. CONNECTION HARDWARE REQUIRED TO SECURE THE CABLES.ETHERNET Fci ao CABLES SHALL BE ATTACHED TO THE TOWER WAVEGUIDE LADDER USING > E2 o UV-RESISTANT TIE WRAPS OR STAINLESS STEEL HARDWARE. ct o w 9. NORTH ARROW SHOWN ON PLANS REFERS TO TRUE NORTH.CONTRACTOR 3"SCH.40 x 9'-0" SHALL VERIFY NORTH AND INFORM ENGINEER ANY DISCREPANCY BEFORE ALL CABLES TO BE RUN IN 2"0 FLEX LONG GALV.PIPE STARTING CONSTRUCTION. CONDUIT.CONDUIT TO BE RUN W/GALV.CAP ACCORDING TO STRUCTURAL ANALYSIS 10.ALL REINFORCING STEEL SHALL CONFORM TO ASTM 615 GRADE 60, DEFORMED BILLET STEEL BARS. EXISTING TOWER METER o PROPOSED BACKHAUL CABLES — �� 11.CONCRETE FOR THE EQUIPMENT PAD SHALL BE 4000 PSI NORMAL WEIGHT O PROPOSED DRIP LOOP CONCRETE WITH FIBERMESH ADMIXTURE.CONTRACTOR MAY USE APPROVED INSIDE PROPOSED 3"EMT CONDUIT PRECAST EQUIVALENT. FROM EQUIPMENT CABINET TO TOWER PROPOSED 12"x12"x6" PROPOSED RF CABLES INSIDE PROPOSED 9 io c DISCONNECT 12.LUMBER SHALL COMPLY WITH THE REQUIREMENTS OF AMERICAN DEEP JUNCTION BOX . SITE MN-MSP0272 3"EMT CONDUIT FROM EQUIPMENT INSTITUTE OF TIMBER CONSTRUCTION AND THE NATIONAL FOREST PRODUCTS (TYP.) CABINET TO TOWER UNISTRUT ASSOCIATION'S NATIONAL DESIGN SPECIFICATION FOR WOOD CONSTRUCTION.ALL LUMBER SHALL BE PRESSURE TREATED AND SHALL BE SPRINT ' JI� 1#2 BCW TO EQUIP. STRUCTURAL GRADE NO.2 OR BETTER. I GROUND(TYP.OF 2) CO-PLANE 13.IT IS THE OWNERS RESPONSIBILITY TO VERIFY THE STRUCTURAL _—\ I GRADE CAPACITY OF THE EXISTING TOWER AND ITS FOUNDATION TO RESIST THE COAX CABLES ' / ° �. / 4� . ° 1 1w 1#2,3/4"C WIND/GRAVITY LOADS FROM THE PROPOSED ANTENNAS. • 14.ALL FIELD CUT METAL WILL BE SCRAPED OF ANY RUST AND COLD 8950 EDEN PRARIE RD 3"EMT DOWN TO WEATHER _ (a GALVANIZED. EDEN PRARIE,MN 55347 PROOF ENCLOSURE.CONTRACTOR / IS TO CONNECT USING 3"WATERTIGHT / v - , I I _` TO EXISTING 15.RUBBER CAPS WILL BE PLACED ON ALL EXPOSED UNISTRUT ENDS. 2"0 FLEX CONDUIT MYERS HUB OR EQUAL / EXISTING D ( e' Z LIGHTNING RING DRAwNBY: JLR/MT BUILDING a CHECKED BY. DM / ROOF eeeaepeneneire�,,^d�� / 1 q�e°®,Z,``V 1'V1EIS"IXI es'�e DATE: 12/01/09 } • °OpB °6eB- /I/ /� PROJECT#: 43-175 CLEARWIRE CABLE BRIDGE / 5/8"0 x 10' ���•°° KIT #CWR-106ASE. COPPERCALD ROD p:°• LICENSED e° a SHEET TITLE / N (TYP.) / PROFESSIONAL NAL SITE DETAILS GRADE &CONCRETE NOTES — I--} 26189 l ;s SHEET NUMBER 2 TYPICAL EQUIPMENT ELEVATION 3 H-FRAME (IF APPLICABLE) ;;''��, ****...•••'s,-„,• NOTE:ALL MATERIALS U SCALE:N.T.S. '•*eFOFMIt�1N�.0° C-3 FURNISHED BY CONTRACTOR - SCALE: N.T.S. ��**,,,,,,,eee`� t 4 2'1' _ Yo ▪ end • i, ▪�� .0. � 3 o HVAC " E f£• aoa , , a / N >o o o a z—coo, / 0 lip \ '-',- Wm� � � � O i.. x 11 -_,) �• o OOLp RF&BACKHAUL '- 4: CABLE ENCLOSURE 1�,�I L0 / 1)• / ELECTRICAL / PANEL / lu In w 1 CABINET PLAN o N - o SCALE:N.T.S. w o o c2 SITE SUPPORT SITE SUPPORT SITE SUPPORT SITE SUPPORT CABINET CABINET CABINET CABINET ELECTRICAL PANEL ACCESS DOOR 2 z POWER HVAC UNIT —RECEPTACLE - CD ELECTRICAL _ PANEL 7—HVAC UNIT p SITE MN-MSP0272 -L� —ACCESS DOOR (O CV CV -- (fl 2"DIA.SCH.40 4° SPRINT _ -2"DIA.SCH.40 POWER CONDUIT CO-PLANE POWER CONDUIT II RF&BACKHAUL t� CABLE ENCLOSURE `' RF&BACKHAUL iv I - I N CABLE ENCLOSURE & CV / -- 2"DIA.SCH.40 O 2"DIA.SCH.40 8950 EDEN PRARIE RD N N - - / TELCO CONDUIT @CONDUIT _ _ EDEN PRARIE,MN 55347 TOP OF PLATFORM = TOP OF PLATFORM TOP OF PLATFORM = TOP OF PLATFORM DRAWN BY: JLR/MT (V t,,,{!3HIlo CHECKED BY: DM -.I- �,7 ••„ •\�? ' DATE: 12/01/09 4 PROJECT#: 43-175 ° rP CABINET ELEVATION A CABINET ELEVATION B CABINET ELEVATION C CABINET ELEVATTI� � NSFD A d SHEET TITLE 4 EssioNAL : = EQUIPMENT/PLATFORM ENGINEER - DETAILS . 26181 °°P SHEET NUMBER 3 CABINET ELEVATIONS ''�' OFMiNN �°,o``, C-4 SCALE:N.T.S. DRAGON WAVE RADIO THE AIR SYSTEM CONSISTS OF A MODEM UNIT MATCHED WITH DRAGONLINK RADIO. �✓ w� HUBER SUHNER- ANDREWS OR - SURGE SUPPRESSOR RADIOWAVE WHEN USING THE SPLIT IDU/ODU CONFIGURATION.THEE MODEM UNIT IS LOCATED INDOORS • _ 3402.17.0 N FEMALE MICROWAVE DISH OR WITHIN A WEATHERED RESISTANT ENCLOSURE.AN IF CABLE IS CONNECTED BETWEEN O ^z p TO N MALE DRAGON WAVE HORIZON THE MODEM UNIT AND THE RADIO ASSEMBLY WHICH IS TYPICALLY MOUNTED DIRECTLY TO �, 3� _ TRANSCEIVER/MODEM THE DISH ANTENNA. 0 THE ODU CONFIGURATION CONSISTS OF AN OUTDOOR UNIT CONTANING ALL MODEM CZ N m N oo NI. SINCE THE ODU IS TOWER MOUNTED.THE IF CALBE CONSISTS OF A SHORT �\ a wP to ANDREWS OR JUMPER CONNECTING THE ODU DIRECTLY TO THE RADIO/ANTENNA ASSEMBLY. W E o COMMSCOPE -.I D o RADIOWAVE ' FXL780 Y2T MICROWAVE DISH U r Pi 6'IF JUMPER CABLE CAT 5 N MALE TO N MALE BELDEN ott 7919A I o a ., DRAGONWAVE IDU 4 OOO.• L Noill Ia a �� il ETHERNET, SERIAL y ` �� �� etc cn u,„ OMNITRONIX DRAGONWAVE . 5 °PI`� HUBER SUHNER SURGE SNMP-LINKSL81 RADIO - ANTENNA nCCc 03 FOUNDRY NETWORKS PONE SURGE t ODU(MODEM) W® m�� SUPPRESSOR 3402.17.0 N VALERE ARRESTOR I � zz o .. FEMALE TO N MALE FAST EDGE 2402 OMNITRONIX POWER POWER y i-� �u ���� BUS PB1 ETHERNET OUT-OF-BAND ANTENNA GROUND BAR IN 10/100/1000 MANAGEMENT ASENTRIA SITE \� 4- ,u TELCO BOX BASE-T CONTROLLER II ,.-"q. 1-.0�IV *NOTE:THE SFX RF JUMPER CABLE MAY BE OMITTED ALLOWING THE MAIN FEED LINE TO BE CONNECTED DIRECTLY TO THE HUBER-SUHNER SURGE FOUNDRY NETWORKS SUPPRESSOR LOCATED ON THE DRAGONWAVE RADIO. FAST EDGE 2402 VALERE POWER I IDU(MODEM) u o THE TOWER TOP"N"FEMALE CONNECTOR ON THE MAIN FEED LINE WILL ,aFJ����.,3,..a,�,. ° ��) BE OMITTED AND REPLACED WITH AN"N"MALE TO ALLOW CONNECTION TO THE SURGE SUPPRESSOR.. DRAGONWAVE COMPACT DRAGONWAVE COMPACT DRAGONWAVE ARCHITECTURE HORIZON ARCHITECTURE HORIZON ARCHITECTURE w 0 o w N w d o B' 2 w o o D gi POLYPHASER(LSXL-ME) MOTOROLA PTP 400 LIGHTNING ARRESTOR) MOTOROLA PTP 400 OUTDOOR UNIT REDLINE T58 ANDREWS (N MALE TO N FEMALE) TRANSCEIVER OUTDOOR UNIT / ANDREWS o ANDP2F25NXA ANDREWS // ANDP2F25NXA Z ANTENNA POLYPHASER(103-1125T-A) ANTENNA POLYPHASER(LSXL-ME) LIGHTNING ARRESTOR ANDP2F25NXA POLYPHASER(LSXL-ME)- LIGHTNING ARRESTOR) (F FEMALE TO F FEMALE) ` ANTENNA LIGHTNING ARRESTOR) (N MALE TO N FEMALE) ce (N MALE TO N FEMALE) BELDEN 7916(0-225')OR SITE MN-MSP0272 RG11 CABLE(225'-300') CAT 5E (F MALE TO F MALE) --, BELDEN = I SPRINT 7919 - CAT 5E CO-PLANE 0 BELDEN 7919 RF JUMPER CABLES 18"RF JUMPER CABLES SHIELDED (N MALE TO N MALE) (N MALE TO N MALE) BLACK CABLE RF JUMPER CABLES 6'LMR 240 CABLE —SHIELDED RJ45 (N MALE TO N MALE) CONNECTOR 8950 EDEN PRARIE RD (F MALE TO F MALE) TELCO ENCLOSURE TELCO ENCLOSURE EDEN PRARIE,MN 55347 PIDU -I- 0 REDLINE IDU 1 DRANM BY: JLR/MT ' 7/2-- 1 1 `.1a?�,;�M ��lo CHECKED BY DM ._ _ ETHERNET � °�9 �'. DATE 12/01/09 OMNITRONIX ` ETHERNET SERIAL POE CABLE ETHERNET ondiT..( Jtllk' ° •°°.Y2, mo SNMP-LINK SL81 OMNITRONIX SN SL81 '•'v „ PROJECT it 43-175 TRANSTECTOR CITEL PSAX09-FW/FF SNMP-LINK SL81 FOUNDRY NETWORKS OMNITRONIXPowER— LIGHTNING ARRESTOR FOUNDRY NETWORKS a -� LIC'INS ERE; VALERE FOUNDRY NETWORKS FAST EDGE 2402VALERE POWER INJECTOR OIM ITRO••XP — SHEET TITLE (FFEMALE) BUSP81 POWERSSIR eus Pel OMNITRONIX PowaR— FAST EDGE 2402 VGINEer-- :,_ i INSTALLATION POE CABLE POWER FEMALE TO F FAST EDGE 2402 .. Bu P81 MICROWAVE GROUND BAR IN • t• 26181 J DIAGRAMS TELCO BOX REDLINE ARCHITECTURE %;k5'").'•..° • •<....• ". SHEET NUMBER MOTOROLA ARCHITECTURE - (ORTHOGON) (MODEM CONFIGURATION) °,,;?T,OFMI...• ,0,o REDLINE ARCHITECTURE `'..........40 A-1 PoE CONFIGURATION) m = PROPOSED CLEARWIRE n n = u/ EXISTING SPRINT/NEXTEL � C poi GROUND KIT AT RAD CENTER ANTENNA PLATFORM � C PROPOSED CLEARWRE / o< 0 DIRECTIONAL/PANEL �' 3� i ANTENNAS L 3 - —t- 1 0ro P 1 EXISTING ANTENNA - PLATFORM AT±71'A.G.L W II °o 4 3004, ---� _-- II a P_i I co Il R J co a r.-mrn a .mcD� EXISTING ANTENNA 0 F (np�� PLATFORM AT±64'A.G.L _� Q Wj m��� n m0 a-.. . C9 1 II �U cOoad� Q J 2 o Q , v Q z C° EXISTING MONOPOLE z z + TOWER w z o en H Q z w EXISTING ANTENNA AT Q _10 z ±64'A.G.L Q H 3 wLu a z T o z o Q I w z z U 0 El en v o a z Flj U PROPOSED CLEARWRE(2) I w o O o w w ix 2"INNERDUCT CONDUITS - a U w o w Intl X 0: w w w a o 0 AND RET CABLES. L LU Et � W o , o 0 J co PROPOSED CLEARWIRE 0 z w GROUND KIT AT BASE w co o o U U z m o p Lu > en Lu 0 PROPOSED CLEARWRE w0,5 o o EQUIPMENT CABINET a w Et 0- 0 o M o_ EXISTING SPRINT/NEXTEL-- LL I- O EQUIPMENT ON EXISTING p ix 15'X15'STEEL PLATFORM Lu a Lu H 0 SITE MN-MSP0272 Lu W EXISTING EXISTING U o U •a ICE BRIDGE 0 w p BUILDING I (�P) Inv Q SPRINT U — a o CO-PLANE t_. co enEi 8950 EDEN PRARIE RD EDEN PRARIE,MN 55347 EXISTING ,,t�1IFrFrrryete ?� RETAINING ::: y1MMEF��°°�, DRAWN BY JLR/LS .I r_ �� WALL '` 4��'.,^ ' \ `o o•• •�}- CHECKED BY DM r �' — J` ��''� " �t • DATE. 12/01/09 ----H. I— CENSED •• • f - ---- o c�'I III II PROFESSIO •NAL ▪ - ¢ 1 S` AL ▪ = PROJECT 43-175 - ! I • ENGINEER ��� I II SHEET TITLE -�;- 26181 TOWER ELEVATION PROPOSED TOWER BASE �'j:••.•• • .°, PLATE MODIFICATION.SEE �•,,7 •••••••••OAP` SHEET S-1 FOR DETAILS ••°•�,°FM1NNe-;01 SFIEET NUMBER 40 TOWER ELEVATION ANT-I SCALE:1"=16'-0" 1 I NOTE: THIS MOUNTING PLATFORM IS A GRAPHICAL +)^, REPRESENTATION OF THE PLATFORM ON THE W E �o€ MONOPOLE TOWER TAKEN FROM PHOTOS L . • O Q 0 > _ F EXISTING IDEN N L•� CO ANTENNAS(TYP.) I �, � J - o� VI >,')Oo IN 000� cD o '' NOTE:CONTRACTOR TO VERIFY FINAL RF&BACKHAUL DESIGN WITH CLEARWIRE CONSTRUCTION MANAGER c° PRIOR TO INSTALLATION TO INSURE NO UPDATES WERE MADE SINCE TIME OF FINAL ISSUANCE. a -_� 1 co z4111 41•44‘ w z F.mil �gNr. ~0 EXISTING ANTENNA o .. x �!, MOUNTING PIPE(TYP.) TRANSMIT ODU MW RECEIVE RAD COAX CABLE TABLE !U o o_c °o PATH TYPE ANTENNAS AZ DIA SITE CENTER QUAN CABLE USE #RUNS MODEL# DIA. LENGTH 1/ 4: DIRECTIONAL 'f �„' ANTENNA 45220 4.32° - VHLP1-23 240 MS-MSP0122 ±79" 1 1 1/2 ±200' EXISTING ANTENNA " PLATFORM SECTOR-1 DIRECTIONAL \, 38423 32.31° OS-GEMINY 14"0 MS-MSP0061 ±76'-4" 1 1 1/2 +200' 'L ANTENNA , DIRECTIONAL o 0 SECTOR-2 ANTENNA 45191 86.17° - VHLP2-18 24"0 MS-MSP0045 ±78" 1 1 -- 1/2 ±200' 3 EXISTING ANTENNA ORIENTATION -.---_. SECTOR-3 DIRECTIONAL 47847 244.4° - VHLP2-11 24"0 MS-MSP0810 +78" 1 1 -- 1/2 +200' o j o - SET ALL AZIMUTHS OFF OF TRUE NORTH ANTENNA a 6 o 1 LL o z z Z > i Z W °? RAD COAX CABLE TABLE > 6 3 v AZ ANTENNAS �j CENTER QUAN CABLE USE #RUNS MODEL# DIA. LENGTH V ,`,1) o o w N ^J� -_____..___. - o m 9 w uwi O Q ti PANEL KATHREIN - 0 > w �, SECTOR-1 30° ±78° 1 1 1/2 ±200 w Pt , PROPOSED ANTENNA 84010054 0 EXISTING RELOCATED 1, • -� CLEARWIRE -- ---- w ji o 8 IDEN ANTENNAS(TYP.) ( DIRECTIONAL PANEL KATHREIN 1011, ANTENNA(TYP.) SECTOR-2 150° 840 10054 ±7g" 1 1 1/2 ±200' L, � ;�. ANTENNA o EXISTING IDEN `�� U ANTENNAS(TYP.) 6. �r SECTOR-3 PANEL 270° KATHREIN ±78„ 1 1 1/2 ±200' ° ANTENNA 840 10054 EXISTING RELOCATED / IDEN ANTENNAS(TYP.) SITE MN-MSP0272 AZ=270° till SPRINT o° CO-PLANE PROPOSED DAP-HEAD(TYP.) Z z LijwIf AZ=$ � D-E /F-V7-"4 �` ~o —,i. 895o EDEN EDEN PRARIE MNI5 RD7 f EXISTING ANTENNA / MOUNTING PIPE(TYP.) EXISTPLATFING ORM ANTENNihrA ,,%% OMER4 ,,, DRAWN BY JLR/LS • 2 ,- ,s` . •• ••,../1/4, , CHECKED BY DM i • `O�`3i• • •.vP�= DATE'. 12/01/09 EXISTING RELOCATED " -. LICENSED PROJECT#' 43-175 IDEN ANTENNAS(TYP.) `� � PROFESSIONAL 9 • ENGINEER : SHEET TITLE \� 26181 . ANTENNA PLAN PROPOSED PANEL ANTENNA ',Ss i ••• Q; AND S ANTENNA SCHEDULE (TYP.) '•,,1 OFMI�N�rv,.• --- • SHEET NUMBER NOTE: ...i••iuu....� PROPOSED DIRECTIONAL/PANEL PROPOSED ANTENNA ORIENTATION 3 PROPOSED ANTENNA SCHEDULE ANTI ■5 ANTENNAS WILL BE POSITIONED BASED ON PENDING STRUCTURAL - SET ALL AZIMUTHS OFF OF TRUE NORTH - SET ALL AZIMUTHS OFF OF TRUE NORTH - ANALYSIS - A SUITABLE FOR MOUNTING /�♦ N ,m TO 65mm-115mm(2.5'TO 4.5') W E w=1. PIPE(NOT SUPPLIED) ' _ �' L N 2!a 111 • c w — Lril 3 .����• a N • �/ _ HORIZONTAL COMPACT ODU VJ we A. UNIT BOLT TO MW ANTENNA Vn B REAR AS REQUIRED U N 01 E _ 0 co oo oo 0 3�.4. �D(o a _°'__ Ico o rncn ' a 9,mco� z m rn�� L L° � J 7'� `r 0 `�1111 WC m�00- z o�.. x 0 0 of o d U co o_a LL 41:Vit01" I 0 12"DISH ANTENNA 24"DISH ANTENNA o DIMENSIONS IN mm(INCHES) DIMENSIONS IN mm(INCHES) A 389 (15.30) A 663 (26.1) B 358 (14.10) B 358 (14.1) C 72 (2.80) C 72 (2.80) D 143 (5.60) D 143 (5.6) E I 220 (8.70) E 335 (13.2) U ,, 0 o w DIRECTIONAL ANTENNA DETAILS N W � SCALE:N.T.S. L w 2 o 2 N 1. ALL ANTENNAS FURNISHED WITH DOWNTILT BRACKETS.CONTRACTOR SECTOR MARKING METHOD TO COORDINATE REQUIRED MECHANICAL DOWNTILT FOR EACH COLORED BANDS 301°TO 0° RED RECOMMENDATIONS FOR ANTENNA SEPARATION ISOLATION TO AVOID PATTERN DEFORMATION ANTENNA WITH RF ENGINEER.) 61°TO 180° BLUE 2. ANTENNA CENTERLINE HEIGHT IS IN REFERENCE TO ELEVATION 0'-0". 181°TO 300° YELLOW 1 ANTENNA HEIGHTS ARE SHOWN ON TOWER ELEVATION SEPARATION IN FEET, MEASURING FROM NOTE: ° ' ANTENNA EDGE TO ANTENNA EDGE 3. CONTRACTOR SHALL VERIFY ANTENNA TYPE,CABLE TYPE,AND 1. MARK CABLES @ TOP&BOTTOM. AZIMUTH WITH RF ENGINEER AND/OR CONSTRUCTION MANAGER PRIOR TO CONSTRUCTION. 2. CABLES SHALL BE ROUTED IN 2"0 INNERDUCT& MINIMUM PREFERRED 4. LOCAL MAGNETIC DECLINATION FACTOR,PER THE NATIONAL ATTACHED TO TOWER WAVEGUIDE LADDER USING SITE MN-MSP0272 FREQUENCY IN MHZ(WIRELESS CARRIERS) HORIZONTAL HORIZONTAL VERTICAL GEOPHYSICAL DATA CENTER IS 5°0'W BY 0°7'W PER YEAR UV-RESISTANT BLACK CABLE TIES WITH 40LBMINIMUM BREAKING STRENGTH OR IN TOWER. SPRINT 746 TO 806(UPPER 700 MHz BAND,FUTURE USE) 2 4 2 EX:THIS ANTENNA 5 COLOR CODING (ANTENNA) CO-PLANE 300° AT 330°WOULD BE 60° 806 TO 946(SPRINT iDEN,ATT,VERIZON) 2 4 2 IN THE RED SECTOR - SCALE: N.T.S. 8950 EDEN PRARIE RD 1710 TO 2000(SPRINT,ATT,VERIZON,T-MOBILE,CRICKET,METRO PCS) 2 2 1 #OF WHITE SAND F 1+Ae�o a EDEN PRARIE,MN 55347 a0` 'AM M °i 1st DIRECTIONAL FROM 0° m • °°`°•°° °°a� ti, 2496-2690(CLEARWIRE WMAX,OTHER BRS BAN OPERATORS) 2 2 1 • °°° ° 1i m DRAWN BY: JLR/MT GOING CLOCKWISE , ° 2nd DIRECTIONAL FROM 0° " -) ° LICENS:D °• mHECKEDBY: DM MICROWAVE BACKHAUL REFER TO MICROWAVE BACKHAUL SECTION BELOW GOING CLOCKWISE ° PR RAL ° - ATE. 12/01/09 ANTENNAS WITHIN ANTENNAS WITHIN ° - THIS RANGE SHALL BE THIS RANGE SHALL 3rd DIRECTIONAL FROM 0° 26181 QROJECTN: 43-175 CAVEAT:USING THIS APPROACH,THE"VERTICAL"ANTENNAS MUST BE EXACTLY VERTICALLY ALIGNED.ANY OFFSET WILL REQUIRED CONSIDERED IN THE BE CONSIDERED IN GOING CLOCKWISE °® °.. YELLOW SECTOR THE BLUE SECTOR ° e j SHEET TITLE 4th DIRECTIONAL FROM 0° �, ANTENNA SUPPORT ADDITIONAL SEPARATION;THE RECOMMENDATION THEN IS TO USE THE HORIZONTAL SEPARATION VALUES °•,•°°_•° GOING CLOCKWISE ®®°.,,A,c0FMthN ,-'00 DETAILS&NOTES 5th DIRECTIONAL FROM 0° 5 'Oj'Brri/B4 +`''s * MINIMUM 2 INCHES(15 INCHES PREFERRED)OF VERTICAL SPACING,AS MEASURED FROM RADOME EDGES 180° GOING CLOCKWISE SHEET NUMBER C16-- ANTENNA SPACING MATRIX FOR AP ANTENNAS 4 ANTENNA SECTOR NAMING 6 COLOR CODING (DIRECTIONAL) ANT-2 - - SCALE: N.T.S. kl m w HORISON DUO IF CABLE LENGTH NOTES i.— LaiC o TO DETERMINE THE MAXIMUM CABLE LENGTH FOR A GIVEN CABLE,THE FOLLOWING CALCULATION MUST BE PERFORMED AT • w BOTH THE TX IF FREQUENCY AND THE RX IF FREQUENCY,AND THE LOWEST OF THE TWO RESULTS USED AS THE MAXIMUM 5p LENGTH. T =_ o£3, THE DRAGON WAVE HORIZON DUO IS AVAILABLE IN SEVERAL VARIANTS THAT HAVE DIFFERING REQUIREMENTS FOR (TX IF ALLOWED LOSS-CONNECTOR LOSS)/CABLE LOSS PER 100'*100'(ALL AT 700 MHz.) L. CI 0 MAXIMUM IF CABLE LOSS.THE IF CABLE LOSS SHOULD BE CALCULATED INCLUDING ALL IF CABLE LENGTHS, ono - CONNECTORS,SURGE ARRESTORS AND JUMPERS.THE TABLE BELOW DETAILS THE 3 MAJOR HORIZON DUO VARIANTS (RX IF ALLOWED LOSS-CONNECTOR LOSS)/CABLE LOSS PER 100'*100'(ALL AT 1900 MHZ.) ♦v N a3; AND THEIR MAXIMUM ALLOWED IF CABLE LOSS IN DB. NOTE THE PART NUMBER(PN)SHOWN ON THE LABEL. DRAGONWAVE HAS DETERMINED THAT THE DWI SUPPLIED PATCH CABLES(ONE 6'AND ONE 15')PLUS TWO SURGE wS' ARRESTORS CREATE 1.1DB OF CONNECTORS LOSS @ 700 MHz,AND 2.0DB IF CONNECTORS LOSS @ 1900 MHz. - N 'K�� nM ALLOWED TX IF ALLOWED TX IF U HORIZON DUO TYPE/LABEL CABLE LOSS CABLE LOSS THE EXAMPLE BELOW USES TIMES MICROWAVE LMR-600 CABLE,THE MANUFACTURE'S SPECIFICATIONS INDICATE N (-700 MHz) (-1900 MHz) THAT THIS CABLE HAS LOSSES OF 2.18 DB/100'@ 700 MHz AND 3.9 DB/100'©2000 MHz.(THE HIGHEST TEST POINT DATA IN THE EXAMPLES.) a , SINGLE MODEM,SINGLE IF (NO INTERNAL COMBINER) THE SYSTEM WE'RE DOING TO CALCULATE CABLE LENGTH FOR IS A HIROZON DUO,DUAL MODEM,SINGLE IF.THIS VARIANT g1 o J o O00 0� OF THE HORIZON DUO CONTAINS AN INTERNAL COMBINER SO HAS DECREASED CABLE LOSS ALLOWANCES COMPARED TO 7 » OTHER VARIANTS. 0 °-_ w HORIZON DUO IOU o rn DJ rn g (6.5DB-1.1 DB)/2.18*100=247(FEET) C D DragonWave 2 In op- (13.5DB-2.ODB)/3.19*100=294(FEET) j ?orb PN:60-000367-01 10.0 DB 17.0 DB Z °T C0 247 FEET OR 75 METERS IS THE LOWEST RESULT,AND WILL BE THE MAXIMUM RECOMMENDED CABLE LENGTH FOR LMR-600. 0 oi..x O o s MTH YR NOTE THAT HORIZON DUO UNITS IN DUAL MODEM,DUAL IF CONFIGURATION MAY USE AND EXTERNAL COMBINER,IN THIS U co :E CASE THE EXTERNAL COMBINERS LOSS MUST BE INCLUDED IN THE LOSS CALCULATIONS. www.dragonwaveinc.com MADE IN CANADA4,\44, i . SERIAL NUMBER DW5Dxxxx),SYSTEM CAPACITY 1 0 OUTER HORIZON DUO HORIZON DUO HORIZON DUO SINGLE MODEM,SINGLE IF (NO INTERNAL COMBINER) CABLE TYPE DIAMETER SINGLE MODEM, DUAL MODEM, DUAL MODEM, w OF CABLE SINGLE IF SINGLE IF DUAL IF HORIZON DUO IOU TIMES MICROWAVE DragonWave 3/8" 250'OR 76M 142'OR 43M 250'OR 76M LMR-400 PN:60-000367-02 L__ I 6.5 DB 13.5 DB TIMES MICROWAVE 9/16" 385'OR 117M 223'OR 68M 385'OR 117M LMR-600 TIMES MICROWAVE ,, MTH YR 7/8" 570'OR 174M 328'OR 99M 570'OR 174M z z LMR-900 o O 5 5 www.dragonwaveinc.com MADE IN CANADA ANDREW 7/16" 290'OR 88M 167'OR 51M 290'OR 88M w 0 o LDF2-50A cr ID 0 w w SERIAL NUMBER DW5Exxxx),SYSTEM CAPACITY 2 ANDREW 5/8" 462'OR 141M 265'OR 81M 462'OR 141M LDF4-50A SINGLE MODEM,SINGLE IF (NO INTERNAL COMBINER) ANDREW 7/8" 615'OR 187M 362'OR 110M 615'OR 187M LDF4.5-50A 20 HORIZON DUO IDU D 6REW 1 1/16" 806'OR 246M 471'OR 144M 806'OR 246M DragonWave PN:60-000367-03 1 1 10.0 DB 17.0 DB EC1 50 3/8EUEN " 235'OR 72M 135'OR 41M 235'OR 72M o EUPEN 7/16" 326'OR 99M 186'OR 56M 326'OR 99M MTH YR EC2-50 www.dragonwaveinc.com MADE IN CANADA EUPEN 1/2" 462'OR 141M 265'OR 81M 462'OR 141M SITE MN-MSP0272 EC4-50 SERIAL NUMBER DW5Fxxxx),SYSTEM CAPACITY 3 BELDEN 3/8" 212'OR 65M 116'OR 35M 212'OR 65M SPRINT 9913 CO-PLANE CABLE OPTION DESCRIPTION 4 MANUFACTURER:COMMSCCPE 4 PART NUMBER:5731 8950 EDEN PRARIE RD RG6 fl F CONNECTOR:THOMAS&BETTS#LRC-SNS-6 MICROWAVE CABLE DISTANCES EDEN PRARIE,MN 55347 a MAXIMUM CABLE LENGTH:225 FEET WITH 2 IF LIGHTING ARRESTOR 4 MAXIMUM CABLE ATTENUATION AS DISPLAYED ON REDLINE GUI:11 DB EQUIPMENT DISTANCE MANUFACTURER PART NUMBER REDLINE UP TO 300' BELDEN BELDEN 7919A CAT 5 MANUFACTURER:BELDEN REDLINE UP TO 200' ANDREW FSJ1-75 1/4"SUPERFLEX 75 OHM DRAWN BY' JLR/MT 7919 CATS fl PART NUMBER:7919A 4 F CONNECTOR:CAT 5 SHIELDED CONNECTOR REDLINE 201'TO 300' ANDREW LDF4-75A 1/2"HELIAX 75 OHM CHECKED BY. DM DRAGONWAVE 0'TO 250' COMMSCOPE SFX500 d !l e�+ l'Ee�'��/� DATE 12/01/09 4 MANUFACTURER:BELDEN DRAGON WAVE 251 TO350' COMMSCOPE FXL540 so * PART NUMBER:7731A DRAGONWAVE 351 TO 700' COMMSCOPE FXL780 e ,. ,. .,°'�w PROJECT 4. 43-175 RG-11 F CONNECTOR:FP-C71A BY CANARE DRAGONWAVE OVER 700' COMMSCOPE CONTACT ENGINEERING m,�. o SHEET TITLE MAXIMUM CABLE LENGTH:400 FEET WITH 2 IF LIGHTING ARRESTOR MOTOROLA(ORTHOGON) UP TO 300' BELDEN BELDEN 7919A CAT 5 LICENSED IF CABLE MAXIMUM CABLE ATTENUATION AS DISPLAYED ON REDLINE GUI:12 DB ® PROFESSIONAL NOTES 4 MANUFACTURER:ANDREW CORP ENGINEER ' PART NUMBER:LDF4-75 26181 SHEET NUMBER HELIAX 6 N CONNECTOR:L4NF-7550(FEMALE) •. 4 MAXIMUM CABLE LENGTH:750 FEET WITH 2 IF LIGHTING ARRESTOR ie��' 4 MAXIMUM CABLE ATTENUATION AS DISPLAYED ON REDLINE GUI:12 DB 'p®s�T°e®°e®e00s0ee°Go�a,a ANT.3 NOTES:1. LEAN CONCRETE,RED-COLORED TOP,MAY PROPOSED UNDERGROUND CONDUIT FOR �__>_' AI( ��GBE USED IN PLACE OF COMPACTED SAND. ELECTRICAL SERVICE FROM EXISTING ( ws% TRANSFORMER TO PROPOSED UTILITY \ \ N2. BURY CONDUITS 6"BELOW FROST LINE AT H-FRAME AND EQUIPMENT.ROUTE IS TO BE �C • C =w 42"BELOW GRADE CONFIRMED WITH LOCAL POWER COMPANY. _2 3. CONDUIT SIZE,TYPE,QUANTITY AND 1� L N = FINISHED GRADE,OR GROUND (/ �>� //�\� l COVER MATCH SLOPE AND SEPARATION DIMENSION TO BE VERIFIED �/ WITH LOCAL UTILITY COMPANY ) \ THICKNESS OF EXISTING • TRENCH LC / \ REQUIREMENTS C '" UNDISTURBED SOIL `'`��-' / i / E spa CAUTIONARY TAPE / / 6_r! ♦ , 6 ;^r?r•`• -r rr•:r`i%rS1�•- -•u,-:Si:fr earff �y,?:•' / / 0 7.5' 15' 30' V (d �V� s={:rVr.%..f�.':£r'ra:•.rr3 •e.•f :t:•i•°•ir�:S:i�r:§ ..•fi. _.^ PROPSED 5'WOE \�` j COMPACTED BACKFILL WITH UTILITY ROUTE p SCALE IS FOR 11x17 MEDIA I \\/�\j\\Migraff/ j\/ SATISFACTORY NATIVE OR // // (USE HALF SCALE FOR 24x36 MEDIA) I- TCO0 \/\ \\//� IMPORTED SOIL TO 95%PROCTOR / d 3 o°. -rem • .\/ COMPACTED SAND `1 / / I 1"Mi�Mwi\j (SEE NOTE 1) �,.-�� / / ,,, 0 .2-'_1 V , j/ // (� -)i � / // EXISTINGXFMR F 0 o� 4 )� a Erl CONDUITS FOR \'' COMPACTED SAND / 4/ Z oY� ELECTRICAL& BED(SEE NOTE 1) / / ANTENNA SHARING v�� / / �u cDda� WHERE APPLICABLE 6"(MIN) 4"MIN.TO SECONDARY ELECTRIC ( // 4_��) .,��� -- (TYP) 12"MIN.TO PRIMARY ELECTRIC 411, 11•* PROPOSED 1-1/2"0 UNDERGROUND w 1 UTILITY TRENCH DETAIL CONDUIT WITH(3)#1  GROUND / SCALE:N.T.S. CONDUCTOR FOR ELEC.SERVICE FROM o 0 PROPOSED METER/DISC. TO PROPOSED CABINET(15±L.F.) GENERAL SPECIFICATIONS w 1.WIRING SHALL BE AWG STRANDED COPPER WITH THHN OR EQUIVALENT INSULATION.#12 MINIMUM INSTALLED IN 1/2"MINIMUM CONDUIT.SIGNAL WIRING SHALL BE INSULATED#22 n AWG.NO BX OR ROMEX CABLE IS PERMITTED.CONDUITS SHALL BE SURFACE MOUNTED. (1`' Z z ( T-) o o 2.WRING DEVICES AND EQUIPMENT SHALL BE UL LISTED SPECIFICATIONS GRADE. ,l/( -)) w > E o A U, 3.MATERIALS SHALL BE NEW AND CONFORM TO THE APPLICABLE STANDARDS ) ) y ESTABLISHED FOR EACH ITEM BY THE ORGANIZATIONS LISTED BELOW. �,�V J -AMERICAN SOCIETY OF TESTING MATERIALS(ASTM) -UNDERWRITERS LABORATORY(UL) -NATIONAL ELECTRICAL MANUFACTURING ASSOCIATION(NEMA) EXISTING SPRINT/NEXTEL — w -AMERICAN STANDARDS ASSOCIATION(ASA) EQUIPMENT ON EXISTING J -NATIONAL FIRE PROTECTION ASSOCIATION(NFPA) STEEL PLATFORM r 4.INSTALLATION OF MATERIALS SHALL COMPLY WITH REGULATIONS OF: I E E E E E -THE NATIONAL ELECTRICAL CODE(NFPA 70) I I -THE NATIONAL ELECTRICAL SAFETY CODE(ANSI C-2) -THE LIFE SAFETY CODE(NFPA 101) w -LOCAL BUILDING CODES / I SITE MN-MSP0272 5.THE ENTIRE SYSTEM SHALL BE SOLIDLY GROUNDED USING LOCKNUTS AND BONDING •/� ��14 I = j � NUTS ON CONDUITS AND PROPERLY BONDED GROUND CONDUCTOR.RECEPTACLES ANDiii SPRINT EQUIPMENT BRANCH CIRCUITS SHALL BE GROUNDED WITH A FULL-SIZED EQUIPMENT GROUNDING CONDUCTOR RUN IN THE CIRCUITS CONDUIT. 1 j w ❑ CO-PLANE 6.OUTLET AND JUNCTION BOXES SHALL BE ZINC-COATED OR CADIUM PLATED STEEL.NOT ---1LESS THAN 4"SQUARE AND SUITABLE FOR THE TYPE SERVICE AND OUTLET.OUTLET AND JUNCTION BOXES SHALL BE SURFACE MOUNTED AND LABELED WITH BRANCH CIRCUIT E E , .11 BREAKER NUMBER. IllL____ —J ❑ 8950 EDEN PRARIE RD III i11 EDEN PRARIE,MN 55347 7.LABEL ALL EQUIPMENT SERVED FROM CLEARWIRE TECHNOLOGIES,INC.PANELBOARD ` e�}q6*'it°I'"'+sQs WITH PHENOLIC LABELS SIZED IN RELATION TO USAGE. i ' �<` l�`Rn„9/ ,',� DRAWN BY: JLR/MT X �,. °,o 8. INDOOR CONDUCTORS SHALL BE INSTALLED IN EMT UNLESS NOTED OTHERWISE. ❑ _ 4' CHECKED BY DM OUTDOOR CONDUCTORS SHALL BE INSTALLED IN RIGID GALVANIZED STEEL UNLESS NOTED ir " ' ° ° •°• .. OTHERWISE.WHERE EMT IS USED.IT SHALL BE WITH ONLY LISTED COMPRESSION II - Ca• LICENSED 7. DATE 12/01/09 FITTINGS.NO SET SCREW FITTINGS SHALL BE ALLOWED. QRoYG'`�g,�N�L PROJECT* 43-175 9.CONTRACTOR TO PROVIDE AND INSTALL ENGRAVED LABEL ON THE CLEARWIRE �61I31 ! SHEET TITLE "'' ❑ ❑ • °° .•°O�Yom UTILITY ROUTING PLAN TECHNOLOGIES,INC.METER SOCKET ENCLOSURE. ° THIS SITE PLAN WAS CREATED OFF NOTE: I ! Aso''OF M�� ®'� ®'1J0181 B100lo SHEET NUMBER OF FIELD MEASUREMENTS BY THE CONTRACTOR IS TO FOLLOW PROPOSED CLEARWRE DESIGNER.AS BOUNDARY SURVEY EXISTING UTILITY EASEMENTS WITH PROPOSED UTILITY H-FRAME E-1 EQUIPMENT CABINET ONLAN WAS NOT SUPPLIED FOR PURPOSES THE PROPOSED UTILITIES. WITH 100A, 120/208V SINGLE 1 UTILITY ROUTING P OF SITE LAYOUT&UTILITY ROUTING. EXISTING SPRINT/NEXTEL PHASE METER SCALE:1"=30'-0"- STEEL EQUIPMENT PLATFORM MASTER GROUND GROUND LEAD TO CABINET, (2)#2 GND.LEAD _ NEW INTERCONNECT BAR INSIDE TELCO +4'INSIDE.CONNECTION BY FOR GROUND BAR - C po'' OTHERS V! ANTENNA MOUNTING PIPE ENCLOSURE :I a�a #2 GND.LEAD FOR 1 ��' W • o'Fg All ! ANTENNA GROUND.USE , a =a CABINET GROUNDING SINGLE HOLE LUG , .•�1� • ELECTRICAL y O ■ 7i� ■" ■ ■ ■ —� METER/DISC. w yid / —-. — — — —\ — ■ /FNEWaEC p NEW 6"x2"x1/4"TINNED ANTENNA GROUND RING ' 1 SERVICE N oo GROUND BAR I , GROUND ROD M a w� DIRECTLY O OWERHED TYP.OF 2 �• ( 1 — — ■ W N 131a --- -------- #6GND.FOR —_-_ ,__ _■_==-- �� owo �'a EXOTHERMIC WELD ■���; 0 1 2' 4' f>1 CONNECTION ULTRAWELD GPS ANTENNA '1,�_ - __, I TYP."VD" ■ f I s SCALE IS FOR 11x17 MEDIA g �,,. - I I (USE HALF SCALE FOR 24x36 MEDIA) oo GROUND ROD, —ee *.� 1 _ o000 HIGH PRESS"C"TAP TYP. ' f =�e •"�o�� 3 0 io NEW COAX TIE TO SUITABLE GROUND.-RUN NEW#2 AWG GROUND -� (2'_i 1 co CABLE #6 GND.FOR I \ C 3� T ■ 0 =—_rn m WIRE TO TOWER BASE GROUND BAR LIGHT ■� 0 NEW GROUND KITANDREW }�, ' �5' m �oo �� MODEL#UGBKIT-0210 AT 1 o .. TOWER TIE INTO NEW ■ I I ■ �p coo_a u_ TOWER BASE GROUND BAR I LLl EXIST.PLATFORM ■ 1 GROUND RING III j I 3� NEW CABINET ' PROPOSED CLEARWIRE At 4 �, EQUIPMENT CABINET ON A ■ PROPOSED H-FRAME r I I � 0 w o 6"AWG STRANDED EXISTING SPRINT a GROUND WIRE ' EQUIPMENT PLATFORM —� I o 0 ■ 1 7 NEW PLATED GROUND - 1 I BAR ■ �_ __ —— •ll -T----� #2 AWG SOLID TINNED III II Ili LL�4 ff II �� ■ ■ ■ I o o 'w L ar GROUND WIRED.w o #2 AWG SOLID TINNED ' ce 2 o GROUND WIRE FROM a1 N WA CABINET GROUND BAR TO BCW GROUND RING / V SITE GROUNDING DIAGRAM EXISTING ! — I SCALE:N.T.S. MONOPOLE TOWER 1 Z ,1- ct / 0 (0 0 N\ / OO°a00o�8000o0�°0 �� 0�0 0°ogO°oo°eon°p� EXISTING GRAVEL O O i SITE MN-MSP0272 O 00000000° o°oo�p,g �ipi) o°°, °Ooo°a�oo / '„� OQao O°O_eo O°oOa o00 Agg0 ugo� O o III 111 op,o oQo 111 III— ! . <`< <<<`< <<<<<<<<\ SPRINT I11. _ II°Po �1I -- ills' © I <<< < <<< < < < < 1-1 H I °g k I I,l ; ©` EL l l , =1 I --i EXISTING SOILS \ � �' 0 CO-PLANE H I I 0 I —� \ 0 © 0 / / PROPOSED BOTTOM BUSS BAR ATTACHED TO GROUND "' Pp I)I I �I I I_ 10"x42"GROUND TEST WELL W/HDPE RING.PROPOSED TOP BUSS BAR CONNECTED TO O COVER.HARGER MODEL#3609942 BOTTOM BUSS BAR WITH A HOME RUN LEAD 8950 EDEN PRARIE RD —III-1 \ I— EDEN PRARIE,MN 55347 III - 11= EXIST.TOWER _ #2 AWG STRANDED GROUND RING GROUND LEAD FROST LINE I—I_ f1 e'Aj1„'""iep —DRANK BY: JLR/MT l III #2 AWG SOLID `0 J\��PA E R1144 N,y°° CHECKED BY'. DM ° III —1 1 IfTNEDCOPR y. '�e° • ° �`'. DATE 12/01/09 GROUND RING LEGEND: va� oe 1G��S�� PROJECT# 43-175 --) I EXOTHERMIC • EXOTHERMIC WELD(CADWELD) \ : Pg9CF� _ SITE GROUNDING NOTE _— WELD (UNLESS OTHERWISE NOTED) \ ° SET TEST WELL COVER 1"BELOW —I I =III; DRIVEN COPPER CLAD GROUND ROD 1. 201 DIAGRAM/PLAN TOP OF GRAVEL LEASE AREA 5/B"0 x 8'-0"LONG)HARGER MODEL#588 s ° ( I�J e x 10'COPPER CLAD STEEL GROUND ° ° �q' —_, _ ( �i °O "°( ® . SHEET NUMBER I— e®si.°B°ease+°°° V�o� (2) TEST WELL DETAIL -- GROUNDING WIREEn GROUNDING PLAN °°°"°""°SCALE:NTS SCALE:1"=4'-0" 0GROUND BAR ^, z w c w=€ W Siemens load Center W0816ML1125 $2 142 125Amp,8 Spaces -z, 1 Phase,3 Wire 120/240 VAC N m O - a a C C x� J J Z L- tb Line 1 Line 2 Neutral 3 _ =La NOTE:Lights of America Model 7000 �� W Sao plugs into one outlet.The other three 0 0 N m a outlets are for service personnel only. Safety 5 E_(0 P Receptacle,Duplex Outlet Ground A_ 120 VAC,20 Amps `m N O 20 AMP 3 p co 20 AMP 100 AMP � N 1 • co 20 AMP • o Q 20AMP 3 100AMP ti ,,00 m A` • 10 GA 4 Ovl, ,_ • .t ,�.J C C 20 AMP 1 30 AMP � NEMA,L14-20L o�O� c b © • Single Locking,3 Pole 4 wire 0 =-w D, \F CIF/ 30 AMP •: 10 GA ® 125/250V 30 Amp f N if 7a 7., W.Z mr �� ro 10 GA 0 of O or oo 10GAIMi c00-ci_L_ 10 GA Wired directly to AC Unit in a 4 square Junction Box 4N ��/ -Ice Cube,Model No,:1Q400VS,4,000 BTUs,220 VAC,4.7 Amps It-. _ 10 GA -Alternate,Ice Cube Model No,: 1 Q600VS,6,000 BTUs,220 VAC,5.8 Amps -Alternate,Kooltronics,Model No,:K2A4C4RP22RF,4,000 BTUs,220 VAC,5.8 Amps 1 w ,19 o f a NEMA,L14-20R Single Locking,3 Pole 4 wire (1).All wiring 12 GA unless specified otherwise,except service entrance 125/250V 20 Amp (2).Light of America IS 18"Florescent Light-Attached to inside roof (3).A230 ABD Q2100 held in place by retainer clip. 10 GA N w O o w rn W 0 Type QP,100 Amp,2 POLE,120/240 VAC > . w o w o � 0 Type QP,30 Amp,2 POLE,120/240 VAC N Manufacture Part Number Description Approvals Siemens Electrical Distribution W0816ML1125 Load Center Nema 3R UL File E10703 03 Type QP,20 Amp,Twin POLE, 120/240 VAC Siemens Electrical Distribution Q120,Q2100,Q230,Q22020 Circuit Breaker UL File E82615 Siemens Electrical Distribution QML12 Mechanical Lock Out Bar UL File E10703 ® Type QP,20 Amp,1 POLE, 120/240 VAC Pass Seymour L14-20R Single Recep 20 AMP Twist Lock UL 498 Siemens Electrical Distribution N/A Back Feed Main Breaker Buss UL File E10703 ® Mechanical Interlock,Siemens Part No.QML 12, Levitron Icorporated 2715 Flan a Inlet 4 Prong 220V 30 AMP Connector UL File E13399 used to lock 1 for back feeding electical service z 1 LOAD CENTER WIRING SITE MN—MSP0272 - SCALE:NTS SPRINT kiwi 1‘ ;;i21 ,_, CO—PLANE ‘. ,., >,..,..„7, Type GT Type VN Type HS Type GR Type TA 8950 EDEN PRARIE RD THROUGH CABLE TO HORIZONTAL CABLE TAP TO HORIZONTAL CABLE TAP TO CABLE TAP TO TOP OF GROUND TEE OF HORIZONTAL RUN EDEN PRARIE,MN 55347 TOP OF GROUND ROD. VERTICAL STEEL SURFACE OR HORIZONTAL STEEL SURFACE ROD AND TAP CABLES. THE SIDE OF HORIZONTAL PIPE OR PIPE.CABLE OFF SURFACE. J tr 101 1I ` 01l 91 il ld d dd ld 0 \yERJ� 7 to \ °° °°° ', ° ~ E � DRAWN BY' CHECKED B Y DATE PROJECT# '. JLR/MT DM 12/01/09 43-175 °°e�so IIIIa aLICohSO PROFESSIONAL a SHEET TITLE W Type GY Type NC Type VS Type XB THROUGH VERTICAL CABLE TO THROUGH CABLE TO SIDE THROUGH AND TAP CABLES CABLE TAP DOWN AT 45°TO CROSS OF HORIZONTAL - ENGINEER• - LOAD CENTER DIAGRAM VERTICAL STEEL SURFACE OR OF GROUND ROD TO GROUND ROD VERTICAL STEEL SURFACE OR SIDE CABLES.LAPPED AND NOT ° 26181 &DETAILS TO THE SIDE OF EITHER OF HORIZONTAL OR VERTICAL PIPE. CUT ° • ,,q ;" —_ HORIZONTAL OR VERTICAL S.) °°°° °° °°(IQ°° SHEET NUMBER PIPE EXOTHERMIC WELD DETAILS a,dc��, Ont't4'' _ m,rdlentulj9�0 SCALE:N.T.S. GENERAL NOTES �♦ a ,, NOTES: NOTES: 1. FOR THE PURPOSE OF CONSTRUCTION DRAWING, THE FOLLOWING DEFINITIONS SHALL APPLY: MI Eo€ CONTRACTOR-OWNERS CONTRACTOR 2 1.ALL STEEL WORK SHALL BE PAINTED IN ACCORDANCE WITH THE SUBCONTRACTOR-GENERAL CONTRACTOR(CONSTRUCTION) • C w 1. THE SUBCONTRACTOR SHALL CONTACT UTILITY LOCATING SERVICES PRIOR PROJECT SPECIFICATIONS AND IN ACCORDANCE WITH ASTM A36 OWNER-CLEARWIRE _F`£ TO THE START OF CONSTRUCTION. UNLESS OTHERWISE NOTED. OEM-ORIGINAL EQUIPMENT MANUFACTURE 3 I x -oo 2. ALL EXISTING ACTIVE SEWER,WATER,GAS,ELECTRIC,AND OTHER 2.ALL WELDING SHALL BE PERFORMED USING E70XX ELECTRODES AND 2. PRIOR TO THE SUBMISSION OF BIDS,THE BIDDING SUBCONTRACTOR SHALL VISIT THE CELL SITE (U UTILITIES WHERE ENCOUNTERED IN THE WORK,SHALL BE PROTECTED AT WELDING SHALL CONFORM TO AISC.WHERE FILLET WELD SIZES ARE TO FAMILIARIZE WITH THE EXISTING CONDITIONS AND TO CONFIRM THAT THE WORK CAN BE _ £.,¢ NOT SHOWN,PROVIDE THE MINIMUM SIZE PER TABLE J2.4 IN THE ACCOMPLISHED AS SHOWN ON THE CONSTRUCTION DRAWINGS. ANY DISCREPANCY FOUND SHALL a3 000 ALL TIMES,AND WHERE REQUIRED FOR THE PROPER EXECUTION OF THE AISC"MANUAL OF STEEL CONSTRUCTION". PAINTED SURFACES BE BROUGHT TO THE ATTENTION OF CONTRACTOR. n, Ye, WORK,SHALL BE RELOCATED AS DIRECTED BY CONTRACTOR.EXTREME SHALL BE TOUCHED UP. wo CAUTION SHOULD BE USED BY THE SUBCONTRACTOR WHEN EXCAVATING 3. ALL MATERIALS FURNISHED AND INSTALLED SHALL BE IN STRICT ACCORDANCE WITH ALL APPLICABLE W E CODES, REGULATIONS,AND ORDINANCES.SUBCONTRACTOR SHALL ISSUE ALL APPROPRIATE NOTICES - OR DRILLING PIERS AROUND OR NEAR UTILITIES. SUBCONTRACTOR 3.BOLTED CONNECTIONS SHALL BE ASTM A325 BEARING TYPE � N SHALL PROVIDE SAFETY TRAINING FOR THE WORKING CREW.THIS WILL (3/4"0)CONNECTIONS AND SHALL HAVE MINIMUM OF TWO BOLTS AND COMPLY WITH ALL LAWS,ORDINANCES,RULES,REGULATIONS,AND LAWFUL ORDERS OF ANY (13 p INCLUDE BUT NOT BE LIMITED TO A)FALL PROTECTION B)CONFINED UNLESS NOTED OTHERWISE. PUBLIC AUTHORITY REGARDING THE PERFORMANCE OF THE WORK. SPACE C)ELECTRICAL SAFETY D)TRENCHING&EXCAVATION. ALL WORK CARRIED OUT SHALL COMPLY WITH ALL APPLICABLE MUNICIPAL AND UTILITY COMPANY 4.NON-STRUCTURAL CONNECTIONS FOR STEEL GRATING MAY USE SPECIFICATIONS AND LOCAL JURISDICTIONAL CODES,ORDINANCES AND APPLICABLE REGULATIONS. o ro 5/B"DIA.ASTM A 307 BOLTS UNLESS NOTED OTHERWISE. j 3. ALL SITE WORK SHALL BE AS INDICATED ON THE DRAWINGS AND 4, DRAWINGS PROVIDED HERE ARE NOT TO SCALE AND ARE INTENDED TO SHOW OUTLINE ONLY. o o PROJECT SPECIFICATIONS. 6 3 row a 5.INSTALLATION OF CONCRETE EXPANSIONM/EDGE ANCHOR,SHALL BE 5. UNLESS NOTED OTHERWISE,THE WORK SHALL INCLUDE FURNISHING MATERIALS,EQUIPMENT, $ a w 1 PER MANUFACTURER'S WRITTEN RECOMMENDED PROCEDURE.THE APPURTENANCES,AND LABOR NECESSARY TO COMPLETE ALL INSTALLATIONS AS INDICATED ON THE p =J co 4. IF NECESSARY,RUBBISH,STUMPS,DEBRIS,STICKS,STONES AND OTHER ANCHOR BOLT,DOWEL OR ROD SHALL CONFORM TO DRAWINGS. �� REFUSE SHALL BE REMOVED FROM THE SITE AND DISPOSED OF LEGALLY. MANUFACTURERS RECOMMENDATION FOR EMBEDMENT DEPTH OR AS Ma z .0( SHOWN ON THE DRAWINGS.NO REBAR SHALL BE CUT WITHOUT 6. "KITTING LIST"SUPPLIED WITH THE BID PACKAGE IDENTIFIES ITEMS THAT WILL BE SUPPLIED BY 5 '�,-,- 5. ALL EXISTING INACTIVE SEWER,WATER,GAS,ELECTRIC AND OTHER PRIOR CONTRACTOR APPROVAL WHEN DRILLING HOLES IN CONCRETE. CONTRACTOR.ITEMS NOT INCLUDED IN THE BILL OF MATERIALS AND KITTING LIST SHALL BE Y Crcp of UTILITIES,WHICH INTERFERE WITH THE EXECUTION OF THE WORK,SHALL SPECIAL INSPECTIONS,REQUIRED BY GOVERNING CODES,SHALL BE SUPPLIED BY THE SUBCONTRACTOR. Im0 o0 0 o BE REMOVED AND/OR CAPPED,PLUGGED OR OTHERWISE DISCONTINUED PERFORMED IN ORDER TO MAINTAIN MANUFACTURERS MAXIMUM AT POINTS WHICH WILL NOT INTERFERE WITH THE EXECUTION OF THE ALLOWABLE LOADS. 7. THE SUBCONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS IN ACCORDANCE WITH u co a a b_ WORK,SUBJECT TO THE APPROVAL OF CONTRACTOR,OWNER AND/OR MANUFACTURER'S RECOMMENDATIONS UNLESS SPECIFICALLY STATED OTHERWISE. ���� LOCAL UTILITIES. � STRUCTURAL STEEL NOTES: `i�' 8. IF THE SPECIFIED EQUIPMENT CANNOT BE INSTALLED AS SHOWN ON THESE DRAWINGS,THE [)� 6. THE SUBCONTRACTOR SHALL PROVIDE SITE SIGNAGE IN ACCORDANCE SUBCONTRACTOR SHALL PROPOSE AN ALTERNATIVE INSTALLATION FOR APPROVAL BY THE WITH THE TECHNICAL SPECIFICATION FOR SITE SIGNAGE. CONTRACTOR. 7. THE SITE SHALL BE GRADED TO CAUSE SURFACE WATER TO FLOW AWAY 9. SUBCONTRACTOR SHALL DETERMINE ACTUAL ROUTING OF CONDUIT,POWER AND T1 CABLES, o 0 FROM THE EQUIPMENT AND TOWER AREAS. GROUNDING CABLES AS SHOWN ON THE POWER,GROUNDING AND TELCO PLAN DRAWING. 10.THE SUBCONTRACTOR SHALL PROTECT EXISTING IMPROVEMENTS,PAVEMENTS,CURBS,LANDSCAPING 8. NO FILL OR EMBANKMENT MATERIAL SHALL BE PLACED ON FROZEN AND STRUCTURES.ANY DAMAGED PART SHALL BE REPAIRED AT SUBCONTRACTOR'S EXPENSE TO GROUND. FROZEN MATERIALS,SNOW OR ICE SHALL NOT BE PLACED IN THE SATISFACTION OF OWNER. ANY FILL OR EMBANKMENT. 11.SUBCONTRACTOR SHALL LEGALLY AND PROPERLY DISPOSE OF ALL SCRAP MATERIALS SUCH AS 9.THE SUB GRADE SHALL BE COMPACTED AND BROUGHT TO A SMOOTH COAXIAL CABLES AND OTHER ITEMS REMOVED FROM THE EXISTING FACILITY. ANTENNAS REMOVED UNIFORM GRADE PRIOR TO FINISHED SURFACE APPLICATION.ANY SETTLING SHALL BE RETURNED TO THE OWNER'S DESIGNATED LOCATION. w w OR SINKING FROM POOR COMPACTION WILL BE REPAIRED AT THE CONCRETE AND REINFORCING STEEL NOTES: Z z 5 CONTRACTOR'S EXPENSE. 12.SUBCONTRACTOR SHALL LEAVE PREMISES IN CLEAN CONDITION. O o 1. ALL CONCRETE WORK SHALL BE IN ACCORDANCE WITH THE ACI 301, > 0 o w o 10.THE AREAS OF THE OWNERS PROPERTY DISTURBED BY THE WORK AND ACI 318,ACI 336,ASTM A184,ASTM A185 AND THE DESIGN AND NOT COVERED BY THE TOWER,EQUIPMENT OR DRIVEWAY,SHALL BE CONSTRUCTION SPECIFICATION FOR CAST-IN-PLACE CONCRETE. GRADED TO A UNIFORM SLOPE,AND STABILIZED TO PREVENT EROSION AS SPECIFIED IN THE PROJECT SPECIFICATIONS. 2. ALL CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3000 PSI AT 28 DAYS,UNLESS NOTED OTHERWISE. SLAB 12.SUBCONTRACTOR SHALL MINIMIZE DISTURBANCE TO EXISTING SITE FOUNDATION DESIGN ASSUMING ALLOWABLE SOIL BEARING DURING CONSTRUCTION. EROSION CONTROL MEASURES,IF REQUIRED PRESSURE OF 2000 PSF. DURING CONSTRUCTION,SHALL BE IN CONFORMANCE WITH THE LOCAL ABBREVIATIONS_ SYMBOLS GUIDELINES FOR EROSION AND SEDIMENT CONTROL. 3. REINFORCING STEEL SHALL CONFORM TO ASTM A 615,GRADE 60, 12 ' DEFORMED UNLESS NOTED OTHERWISE. WELDED WIRE FABRIC AGL ABOVE GRADE LEVEL S/G SOLID GROUND BUS BAR SHALL CONFORM TO ASTM A 185 WELDED STEEL WIRE FABRIC BTS BASE TRANSCEIVER STATION S/N SOLID NEUTRAL BUS BAR SITE WORK GENERAL NOTES: UNLESS NOTED OTHERWISE. SPLICES SHALL BE CLASS"B"AND ALL (E) EXISTING HOOKS SHALL BE STANDARD,UNO. MIN MINIMUM A 0 SUPPLEMENTAL GROUND CONDUCTOR SITE MN-MSP0272 4. THE FOLLOWING MINIMUM CONCRETE COVER SHALL BE PROVIDED N.T.S. NOT TO SCALE o 2-POLE THERMAL-MAGNETIC FOR REINFORCING STEEL UNLESS SHOWN OTHERWISE ON o CIRCUIT BREAKER REF REFERENCE SPRINT DRAWINGS: RF RADIO FREQUENCY .-. SINGLE-POLE THERMAL-MAGNETIC T.B.D. TO BE DETERMINED ° ° CIRCUIT BREAKER CO-PLANE CONCRETE CAST AGAINST EARTH 3 IN. T.B.R. TO BE RESOLVED ni DISCONNECT SWITCH CONCRETE EXPOSED TO EARTH OR WEATHER: TYP TYPICAL #6 AND LARGER 2 IN. REQ REQUIRED OM METER #5 AND SMALLER&WWF 1 1/2 IN. 8950 EDEN PRARIE RD EGR EQUIPMENT GROUND RING EXOTHERMIC WELD(CADWELD) • (UNLESS OTHERWISE NOTED) EDEN PRARIE,MN 55347 CONCRETE NOT EXPOSED TO EARTH OR WEATHER OR AWG AMERICAN WIRE GAUGE NOT CAST AGAINST THE GROUND: ® 5/8"x 10'COPPER CLAD STEEL GROUND ROD MGB MASTER GROUND BUS DRAWN BY: JLR/MT SLAB AND WALL 3/4 IN. 5/8"x 10'COPPER CL1Ap 8TEF4,GROUND CHECKED BY: DM BEAMS AND COLUMNS 1 1/2 IN. EG EQUIPMENT GROUND ee ROD WITH INSPEpT\OI)161J ��e> 5. A CHAMFER 3/4"SHALL BE PROVIDED AT ALL EXPOSED EDGES OF BCW BARE COPPER WIRE , ��, a ^°_ o DATE: 12/01/09 EXOTHERMIC,''��L®'(CADWELD)°°°a '�;• CONCRETE,UNO,IN ACCORDANCE WITH ACI 301 SECTION 4.2.4. SIAD SMART INTEGRATED ACCESS DEVICE WITH INSPE§TIJ�1aSLEEVE � d PROJECT#: 43-175 LICE NSF ° GEN GENERATOR PR S._D :73 SHEET TITLE GROUNDING WIFE "FE3SIr,�NAL CONSTRUCTION IGR INTERIOR GROUND RING(HALO) EN,'INN NOTES RBS RADIO BASE STATION 26181 m as a° SHEET NUMBER ''`1>'s°'Ba esea==B°a°.` 'ate ���®�O�'MINh10��'°° S Pool ELECTRICAL INSTALLATION NOTES (cont.): W 0 o ELECTRICAL INSTALLATION NOTES: 1.ALL ELECTRICAL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS, 25. NONMETALLIC RECEPTACLE,SWITCH,AND DEVICE BOXES SHALL MEET OR EXCEED NEMA OS 2;AND • C w RATED NEMA 1 (OR BETTER)INDOORS,OR WEATHER • PROTECTED(WP OR BETTER)OUTDOORS. Q a NEC AND ALL APPLICABLE LOCAL CODES.2. CONDUIT ROUTINGS ARE SCHEMATIC.SUBCONTRACTOR iwSHALL INSTALL CONDUITS SO THAT ACCESS TO 26.THE SUBCONTRACTOR SHALL NOTIFY AND OBTAIN NECESSARY AUTHORIZATION FROM THE CONTRACTOR �� _� EQUIPMENT IS NOT BLOCKED. BEFORE COMMENCING WORK ON THE AC POWER DISTRIBUTION PANELS. 3 o a oo 2.WIRING,RACEWAY AND SUPPORT METHODS AND MATERIALS SHALL COMPLY WTH THE REQUIREMENTS 27.THE SUBCONTRACTOR SHALL PROVIDE NECESSARY TAGGING ON THE BREAKERS,CABLES AND V N m OF THE NEC. DISTRIBUTION PANELS IN ACCORDANCE WITH THE APPLICABLE CODES AND STANDARDS TO SAFEGUARD (1) a s„ 3.ALL CIRCUITS SHALL BE SEGREGATED AND MAINTAIN MINIMUM CABLE SEPARATION AS REQUIRED BY AGAINST LIFE AND PROPERTY. W wa THE NEC. 0 /n PIL 4.CABLES SHALL NOT BE ROUTED THROUGH LADDER-STYLE CABLE TRAY RUNGS. 5.EACH END OF EVERY POWER,POWER PHASE CONDUCTOR(I.E.,HOTS),GROUNDING,AND T1 CONDUCTOR AND CABLE SHALL BE LABELED WITH COLOR-CODED INSULATION OR ELECTRICAL TAPE (3M BRAND,1/2" J T 00 O o O 0� PLASTIC ELECTRICAL TAPE WITH UV PROTECTION,OR EQUAL).THE IDENTIFICATION METHOD SHALL CONFORM a 0A- WITH NEC&OSHA. GREENFIELD GROUNDING NOTES: o =J�co 6.ALL ELECTRICAL COMPONENTS SHALL BE CLEARLY LABELED WITH PLASTIC TAPE PER COLOR SCHEDULE. 1. ALL GROUND ELECTRODE SYSTEMS(INCLUDING TELECOMMUNICATION,RADIO,LIGHTNING Z (n a,N� ALL EQUIPMENT SHALL BE LABELED WITH THEIR VOLTAGE RATING,PHASE CONFIGURATION,WIRE PROTECTION,AND AC POWER GES'S)SHALL BE BONDED TOGETHER BELOW GRADE, F U;aN- CONFIGURATION,POWER OR AMPACITY RATING,AND BRANCH CIRCUIT ID NUMBERS(I.E.,PANELBOARD BY TWO OR MORE COPPER BONDING CONDUCTORS IN ACCORDANCE WITH THE NEC. I I Ij "ro AND CIRCUIT ID'S). 2. THE SUBCONTRACTOR SHALL PERFORM IEEE FALL-OF-POTENTIAL RESISTANCE TO EARTH O x TESTING(PER IEEE 1100 AND 81)FOR GROUND ELECTRODE SYSTEMS.THE SUB- 0 0>= o 7. PANELBOARDS(ID NUMBERS)AND INTERNAL CIRCUIT BREAKERS(CIRCUIT ID NUMBERS)SHALL BE CONTRACTOR SHALL FURNISH AND INSTALL SUPPLEMENTAL GROUND ELECTRODES AS u ���� CLEARLY LABELED WITH PLASTIC LABELS. NEEDED TO ACHIEVE A TEST RESULT OF 5 OHMS OR LESS. �J�f) .,�)� 8.ALL TIE WRAPS SHALL BE CUT FLUSH WITH APPROVED CUTTING TOOL TO REMOVE SHARP EDGES. 3. THE SUBCONTRACTOR IS RESPONSIBLE FOR PROPERLY SEQUENCING GROUNDING AND „� UNDERGROUND CONDUIT INSTALLATION AS TO PREVENT ANY LOSS OF CONTINUITY IN 9.POWER,CONTROL,AND EQUIPMENT GROUND WIRING IN TUBING OR CONDUIT SHALL BE SINGLE THE GROUNDING SYSTEM OR DAMAGE TO THE CONDUIT&PROVIDE TESTING RESULTS. CONDUCTOR(#14 AWG OR LARGER),600 V,OIL RESISTANT THHN OR THWN-2,CLASS B STRANDED 4. METAL CONDUIT AND TRAY SHALL BE GROUNDED AND MADE ELECTRICALLY CONTINUOUS COPPER CABLE RATED FOR 90°C(WET AND DRY)OPERATION;LISTED OR LABELED FOR THE WITH LISTED BONDING FITTINGS OR BY BONDING ACROSS THE DISCONTINUITY WITH o o LOCATION AND RACEWAY SYSTEM USED,UNLESS OTHERWISE SPECIFIED. #6 AWG COPPER WIRE UL APPROVED GROUNDING TYPE CONDUIT CLAMPS. 10.SUPPLEMENTAL EQUIPMENT GROUND WIRING LOCATED INDOORS SHALL BE SINGLE CONDUCTOR(#6 5. METAL RACEWAY SHALL NOT BE USED AS THE NEC REQUIRED EQUIPMENT GROUND AWG OR LARGER),600 V,OIL RESISTANT THHN OR THWN-2 GREEN INSULATION,CLASS B STRANDED CONDUCTOR. STRANDED COPPER CONDUCTORS WITH GREEN INSULATION,SIZED IN COPPER CABLE RATED FOR 90°C(WET AND DRY)OPERATION;LISTED OR LABELED FOR THE ACCORDANCE WITH THE NEC,SHALL BE FURNISHED AND INSTALLED WTH THE POWER LOCATION AND RACEWAY SYSTEM USED,UNLESS OTHERWISE SPECIFIED. CIRCUITS TO EQUIPMENT. 11.POWER AND CONTROL WIRING,NOT IN TUBING OR CONDUIT,SHALL BE MULTI-CONDUCTOR,TYPE TC 6. EACH BTS CABINET FRAME SHALL BE DIRECTLY CONNECTED TO THE MASTER GROUND BAR WITH GREEN INSULATED SUPPLEMENTAL EQUIPMENT GROUND WIRES,6 AWG STRANDED an w CABLE(#14 AWG OR LARGER),600 V,OIL RESISTANT THHN OR THWN-2,CLASS B STRANDED COPPER OR LARGER FOR INDOOR BTS;2 AWG STRANDED COPPER FOR OUTDOOR BTS. o COPPER CABLE RATED FOR 90°C(WET AND DRY)OPERATION;WITH OUTER JACKET;LISTED OR z 'w LABELED FOR THE LOCATION USED,UNLESS OTHERWISE SPECIFIED. 7. CONNECTIONS TO THE GROUND BUS SHALL NOT BE DOUBLED UP OR STACKED.BACK 5 TO BACK CONNECTIONS ON OPPOSITE SIDES OF THE GROUND BUS ARE PERMITTED. o: 2 a o D� 12.ALL POWER AND GROUNDING CONNECTIONS SHALL BE CRIMP-STYLE,COMPRESSION WIRE LUGS AND WIRENUTS BY THOMAS AND BETTS(OR EQUAL). LUGS AND WIRENUTS SHALL BE RATED FOR 8. ALL EXTERIOR GROUND CONDUCTORS BETWEEN EQUIPMENT/GROUND BARS AND THE I OPERATION AT NO LESS THAN 75°C(90°C IF AVAILABLE). GROUND RING,SHALL BE#2 AWG SOLID TINNED COPPER UNLESS OTHERWISE INDICATED. 9. ALUMINUM CONDUCTOR OR COPPER CLAD STEEL CONDUCTOR SHALL NOT BE USED FOR 13. RACEWAY AND CABLE TRAY SHALL BE LISTED OR LABELED FOR ELECTRICAL USE IN ACCORDANCE GROUNDING CONNECTIONS. WITH NEMA,UL,ANSI/IEEE,AND NEC. 10. USE OF 90°BENDS IN THE PROTECTION GROUNDING CONDUCTORS SHALL BE AVOIDED 14. ELECTRICAL METALLIC TUBING(EMT)OR RIGID NONMETALLIC CONDUIT(I.E.,RIGID PVC SCHEDULE 40, WHEN 45°BENDS CAN BE ADEQUATELY SUPPORTED. - OR RIGID PVC SCHEDULE 80 FOR LOCATIONS SUBJECT TO PHYSICAL DAMAGE)SHALL BE USED FOR 11. EXOTHERMIC WELDS SHALL BE USED FOR ALL GROUNDING CONNECTIONS BELOW GRADE. o EXPOSED INDOOR LOCATIONS. 12. ALL GROUND CONNECTIONS ABOVE GRADE(INTERIOR&EXTERIOR)SHALL BE FORMED 15. ELECTRICAL METALLIC TUBING(EMT),ELECTRICAL NONMETALLIC TUBING(ENT),OR RIGID NONMETALLIC USING HIGH PRESS CRIMPS. CONDUIT(RIGID PVC,SCHEDULE 40)SHALL BE USED FOR CONCEALED INDOOR LOCATIONS. SITE MN-MSP0272 13. COMPRESSION GROUND CONNECTIONS MAY BE REPLACED BY EXOTHERMIC WELD 16.GALVANIZED STEEL INTERMEDIATE METALLIC CONDUIT(IMC)SHALL BE USED FOR OUTDOOR LOCATIONS CONNECTIONS. ABOVE GRADE. 14. ICE BRIDGE BONDING CONDUCTORS SHALL BE EXOTHERMICALLY BONDED OR BOLTED TO SPRINT 17.RIGID NONMETALLIC CONDUIT(I.E.,RIGID PVC SCHEDULE 40 OR RIGID PVC SCHEDULE 80)SHALL BE THE BRIDGE AND THE TOWER GROUND BAR. CO-PLANE USED UNDERGROUND;DIRECT BURIED,IN AREAS OF OCCASIONAL LIGHT VEHICLE TRAFFIC OR ENCASED 15. APPROVED ANTIOXIDANT COATINGS(I.E.,CONDUCTIVE GEL OR PASTE)SHALL BE USED IN REINFORCED CONCRETE IN AREAS OF HEAVY VEHICLE TRAFFIC. ON ALL COMPRESSION AND BOLTED GROUND CONNECTIONS. 18.LIQUID-TIGHT FLEXIBLE METALLIC CONDUIT(LIQUID-TITE FLEX)SHALL BE USED INDOORS AND 16. ALL EXTERIOR GROUND CONNECTIONS SHALL BE COATED WITH A CORROSION RESISTANT OUTDOORS,WHERE VIBRATION OCCURS OR FLEXIBILITY IS NEEDED. MATERIAL. 8950 EDEN PRARIE RD 19.CONDUIT AND TUBING FITTINGS SHALL BE THREADED OR COMPRESSION-TYPE AND APPROVED FOR THE 17. MISCELLANEOUS ELECTRICAL AND NON-ELECTRICAL METAL BOXES,FRAMES AND EDEN PRARIE,MN 55347 LOCATION USED. SETSCREW FITTINGS ARE NOT ACCEPTABLE. SUPPORTS SHALL BE BONDED TO THE GROUND RING,IN ACCORDANCE WITH THE NEC. 20.CABINETS,BOXES,AND WIREWAYS SHALL BE LISTED OR LABELED FOR ELECTRICAL USE IN 18. BOND ALL METALLIC OBJECTS WITHIN 6 FT OF MAIN GROUND WIRES WTH 1-#2 AWG DRAWN BY' JLR/MT TIN-PLATED COPPER GROUND CONDUCTOR. ACCORDANCE WITH NEMA,UL,ANSI/IEEE,AND NEC. CHECKED BY: DM 19. GROUND CONDUCTORS USED IN THE FACILITY GROUND AND LIGHTNING PROTECTION +++++a a aeaeaa Unre. vovos SYSTEMS SHALL NOT BE ROUTED THROUGH METALLIC OBJECTS THAT FORM A RING A#tt� M E ,a,, 21.WIREWAYS SHALL BE EPDXY-COATED(GRAY)AND INCLUDE A HINGED COVER,DESIGNED TO SWING R:®® R OPEN DOWNWARD;SHALL BE PANDUIT TYPE E(OR EQUAL);AND RATED NEMA 1 (OR BETTER) THE CONDUCTOR,SUCH AS METALLIC CONDUITS,METAL SUPPORT CLIPS OR SLEEE,V $'• -/,q ,.., PROJECT#: 43-175 THROUGH WALLS OR FLOORS. WHEN IT IS REQUIRED TO BE HOUSED IN CONDUIT;�q YI,�L�T• °1/ >✓ 23. EQUIPMENT CABINETS,TERMINAL BOXES,JUNCTION BOXES,AND PULL BOXES SHALL BE GALVANIZED OR CODE REQUIREMENTS OR LOCAL CONDITIONS,NON-METALLIC MATERIAL SUCH AS�\/C • • m SHEET TITLE OR EPDXY-COATED SHEET STEEL,SHALL MEET OR EXCEED UL 50,AND RATED NEMA 1 (OR BETTER) PLASTIC CONDUIT SHALL BE USED. WHERE USE OF METAL CONDUIT IS UNAVOIDA (E.C{,� ENSE® °•; INDOORS OR NEMA 3R(OR BETTER)OUTDOORS NON-METALLIC CONDUIT PROHIBITED BY LOCAL CODE)THE GROUND CONDUCTOR SHApI?1 ES ZONAL e - ELECTRICAL NOTES BONDED TO EACH END OF THE METAL CONDUIT. ENGINEER 24.METAL RECEPTACLE,SWITCH,AND DEVICE BOXES SHALL BE GALVANIZED,EPDXY-COATED,OR 26181 SHEET NUMBER NON-CORRODING;SHALL MEET OR EXCEED UL 514A AND NEMA OS 1;AND RATED NEMA 1 ,• (OR BETTER)BETTER INDOORS,OR WEATHER PROTECTED(WP OR BETTER)OUTDOORS. M S TL+ n6 • • i 1 • REVISION] BY. • GENERAL NOTES' 111YEO FOR Pfre4HT oo-,ota IN • t. 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Sign SHEET NO: d G•,0.a 'l d Uc�anse#„ 265AI,. 48 °� S-1 0 lint ET AO I OF I O.•,,..,.......v..... CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Eugene A. Dietz Approve Professional Services Agreement Public Works with SEH,Inc. for Phase 2 I&I Removal Project Requested Action Move to: Approve Professional Services Agreement with SEH,Inc. for Phase II I&I Removal Project. Synopsis This agreement with SEH, Inc.,provides for phase II of the Infiltration and Inflow(I&I) removal project—primarily providing smoke testing services and engineering analysis of work completed in the system by staff and the consultant SL-serco, which is providing the second phase home inspection services. In addition to sump pumps being a major contributor to the I&I problem in Eden Prairie, the inflow component of roof and area drains along with faulty manholes are flow contributors that are cost effective to remove from the sewer system. This contract will provide for the smoke testing to discover these connections and assistance to staff to compile all of the information for presentation to the Metropolitan Council Environmental Services (MCES). The estimated cost of the services is $290,180. Background Information MCES established a surcharge program approximately 4 years ago, which created a mandate for cities with a high contribution of infiltration and inflow into their system to remove it by 2012 (5 year program). The MCES estimated that the cost to remove the I &I in Eden Prairie to be $2.7 million. The mandate specifies that the City shall spend 20% of the total each year on prescribed activities to meet this goal. After 2012, the requirement to spend the money to remove I &I becomes a fine and other possible sanctions, such as not allowing additional connections to the sanitary sewer, could be imposed. Staff has been working with SEH, Inc. to bring our system into compliance. The course of remedial action selected by Eden Prairie has been an initial flow measurement program and a pilot study of approximately 1400 households in 4 distinct service areas that were determined to have the highest flow response to rainfall events. The work entailed: • A two year process of flow monitoring in 104 manholes (creating 104 districts)that are the collection points for all sanitary sewage from our community into the MCES interceptor system. Selecting the "worst 4" areas for a pilot study. • In-home inspections of the 1400 homes in the 4 service districts, including televising the service line from the home to the sewer main in the street and inspecting sump pumps for illegal connections to the sewer system; • Inspection of MCES manholes; • City owned manhole inspections in the 4 service districts; and • Smoke testing of the sewer system in the 4 service districts. The results indicate that the cost effective actions to comply with the mandate are: • Removal of illegal sump pumps; • Manhole inspection and repairs; and • Smoke testing to discover and correct illegally connected roof and storm drains from commercial, industrial and apartment style buildings. City Council awarded a professional services agreement to SL-serco on July 20, 2010 to perform the sump pump inspection services. This contract with SEH, Inc. will provide for the manhole inspection, smoke testing and engineering analysis of the phase II work on this project estimated as follows: Unit of Price per Total Task No. Task Name Count Measure Unit Est. Cost $ $ 1.0 Continued Flow Monitoring 480 Hour 75.00 36,000.00 $ $ 2.0 Smoke Testing 253,400 Lin. Ft. 0.70 177,380.00 Continued Sewer District 60 $ $ 3.0 Evaluation 140 Hour 75.00 10,500.00 $ $ 4.0 Quarterly Progress Meetings 8 Event 1,200.00 9,600.00 $ $ 5.0 Project Management 180 Hour 175.00 31,500.00 $ $ 6.0 Data Review/Reporting 280 Hour 90.00 25,200.00 Total Estimated Cost 290,180.00 Attachments Professional Services Agreement with SEH, Inc. Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the 17TH day of August, 2010, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SEH,INC., a Minnesota Corporation (hereinafter "Consultant") whose business address is 3535 Vadnais Center Drive, St. Paul, MN 55110-5196. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Phase ii Inflow/Infiltration Investigation, hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" (letter dated August 4, 2010, SEH to Dietz) in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from August 17, 2010 through December 1, 2011 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $290,180 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 8-07-2009 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Kirby Van Note and Alva Rankin to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. 2 Rev. 8-07-2009 Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such 3 Rev. 8-07-2009 work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but 4 Rev. 8-07-2009 not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. 5 Rev. 8-07-2009 h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt 6 Rev. 8-07-2009 thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement 7 Rev. 8-07-2009 resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager SEH, Inc. By: Its: 8 SEH August 4,2010 RE: City of Eden Prairie,Minnesota Phase II Inflow/Infiltration Investigation SEH No. EDENP 113230 14.0 Mr. Eugene A. Dietz,P.E. Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Gene: Short Elliott Hendrickson Inc. (SElf®)appreciates the opportunity to submit this proposal for engineering consulting services to continue providing inflow/infiltration(I/I)investigative services to the City of Eden Prairie in 2010. It is our understanding the City is requesting SEH to assist them in an evaluation of the sanitary sewer collection system by providing smoke testing services in commercial areas of the City based on the results of the initial I/I pilot study. In addition,the City would like assistance providing on- going flow monitoring,review implementation of a sump pump program to be completed by another city consultant, and provide overall data analysis and recommendations for I/I abatement in order to address the MCES surcharge. SEH would be available for quarterly meetings to assist in the coordination of all I/I field activities. Purpose and Objectives The purpose of this Phase II work scope is to implement field investigation services which will be used to locate I/I sources in areas of the City suspected of contributing significant amounts of I/I during rainfall events. Based on the results the flow monitoring and the initial pilot study, SEH will perform smoke testing in commercial areas of the City where there are suspected I/I sources connected to the City's sanitary sewer collection system. SEH will provide the equipment and labor to perform the smoke testing and assist Eden Prairie staff in developing printed materials to inform the public on the testing process, public awareness of the testing and measures necessary by the public to minimize the potential smoke entering private property. In addition, SEH will continue to perform flow monitoring in select areas to document the results of previous investigations or the effectiveness of the I/I source removal in an area. Our efforts will also include oversight of the sump pump program,attendance of quarterly progress meetings, an ongoing investigation of the District 60 in the pilot area and coordination of the I/I program including data analysis and documentation. SEH's work scope will include the following requirements: • Identify illegal connections to the sanitary system. • Identify the location of potential paths running between the ground surface and openings in the sanitary sewer. • Detect sources of inflow into the sanitary sewer system including yard drains,downspouts, foundation drains, abandoned building sewers, faulty connections, storm sewer cross connections, etc. Short Elliott Hendrickson Inc.,3535 Vadnais Center Drive,St.Paul,MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com j 651.490.2000 ( 800.325.2055 ( 651.490.2150 fax August 4, 2010 Page 2 • Prepare written reports and documentation on all tests carried out. • Prepare special reports regarding any unforeseen or unusual problem areas discovered when testing and document any general structural or I/I issues with the manholes found during completion of the study. • Provide all equipment, labor and consumables necessary for reporting in an electronic format for all sanitary sewers. • Meet all State and Federal laws including, but not limited to,confined space entry requirements and provide all necessary documentation. • Provide a summary of all procedures to be used in performance of the work during smoke testing and documentation of job safety,traffic control, staging of the field activities and a project schedule for completion of all field activities. • Project meetings to coordinate all field work and discuss all the procedures to be incorporated to completion of the project. Task 1 —Continued Flow Monitoring SEH will continue to provide flow monitoring services including maintenance and calibration and,as needed,any installation and removal activities to other potential monitoring locations for the five flow meters installed as part of the pilot study through November of 2011. SEH will review the flow data with City staff and prepare recommendations for meter placement depending on the future needs of the study. The flow meters will be used to document I/I rehabilitation measures or verify previous flow monitoring results. The City of Eden Prairie will be responsible for repairs of the equipment data outside of damage of the equipment caused by SEH technician error such as normal wear and tear of the equipment. SEH will also collect water level readings during the same time period the flow meters are actively collecting data at each piezometer installed during the initial I/I study. Task 2 -Smoke Test Investigation SEH will meet with City staff prior to starting the field work to perform a final review the procedures to be followed during the testing. SEH anticipates completing this work during dry weather periods to maximize the results of the testing, which typically would occur during low groundwater conditions in the middle to late summer months. We will be using electronic data capture to record all data with the use of Trimble units through a data dictionary. It is anticipated that SEH will follow the guidelines established in the pilot study and as presented below: • Identify the upstream and downstream manholes of the sanitary sewer segment(s)to be tested. • Generally, a maximum of two continuous sanitary sections may be tested at a time; however, when conditions warrant(i.e. short pipe sections or clustered manholes) more than two sections may be tested. • Check the manholes for accessibility and check the flow conditions in the sewer pipe.Make provisions for bypassing the flow, if necessary. • Complete the testing during work hours established under the pilot study as identified below.We will not smoke test on rainy and windy days. Schedule the test for a period when the groundwater levels are low and the ground is not snow covered. August 4,2010 Page 3 • Review the final communications plan including notifying the residents in the areas where the tests are to be performed regarding the nature and time of the test. Distribute a flyer with the appropriate information completed to all residents at least 48 hours before commencing the test in their area. • Notify the local fire department and sewer maintenance(for confined space entry)daily prior to commencing the test in the study area. Review the format to record field data and final reporting. SEH will provide a field crew leader and two technicians to perform the field work and record data. All I/I defects will be located with the GPS Trimble units along with information on the type and nature of the defect. Photographs of each defect will be taken with a camera capable of linking the image to the information collected in the data dictionary and ultimately into the City's GIS database. SEH will complete the testing as listed below: • Set-up equipment at the intermediate manhole of the two sewer sections to be tested. • Plug the sewer lines as required to isolate smoke from other sections of the commercial areas bordering the study area. • Use smoke liquid canisters to emit smoke into the sanitary sewer sections to be tested.The model of smoke testing equipment used for this investigation utilizes an oil based material that heats up through the blower in order to create the smoke used for the testing.The supply of smoke should be continuous until the area serviced by the test sections is thoroughly examined and all problems are recorded. • Observe the appearance of the smoke coming out of the ground, storm sewer, catch basins, roof drains, abandoned building sewers, etc. Record all observations of smoke exiting with a digital camera.Mark the locations of smoke coming out of the ground or yard drains with flags. Photographs of all defects will be taken and a GPS location will be recorded to locate the potential inflow source. • Visually identify and document all smoke coming from the roof tops of all structures(including flat roofed and multi-story buildings. SEH will be responsible for determining and maintaining the appropriate vantage point to clearly identify whether or not smoke is exiting any plumbing vent stacks, roof drains and/or downspouts located on or near the roof top of each structure being tested. • The absence of smoke through residential plumbing vent pipes will also be recorded and included in the final report. • Smoke testing is anticipated to be conducted 9:00 AM to 3:00 PM, and from 5:30 PM to 7:30 PM Monday through Saturday on arterial streets, daylight permitting. On non-arterial streets, smoke testing will be limited to the hours of 8:00 AM to 7:00 PM on weekdays and 9:00 AM to 7:00 PM on weekends. The final smoke testing schedule will be identified and agreed upon by all parties. August 4,2010 Page 4 Task 3—Continued Sewer District 60 Evaluation SEH will continue to investigate Sewer District 60 to determine potential I/I sources. This district was part of the original pilot area but initial investigation did not locate potential I/I sources to support the findings of the original baseline flow monitoring. SEH will provide additional flow monitoring to verify the results of the baseline monitoring from the original I/I study. If confirmed, SEH will review the investigation results from the pilot study and prepare recommends to City staff for additional testing to locate the source of the I/I in this area. Task 4—Quarterly Progress Meetings During the project, SEH will be available to meet with City staff to discuss the progress and a draft summary of the findings. Every month,a written progress report will be prepared and sent along with the project invoice to the City's project manager. The progress reports will include a summary of the work performed and a project completeness percentage and a list of expenditures to date. SEH will attend up to seven meetings in addition to the kick-off meeting and public informational meeting for the smoke testing. Task 5—Project Management SEH will assist the City with oversight of the sump pump program,provide a review and analysis of all the data collected during the Phase II investigation,and prepare recommendations for I/I rehabilitation for UI removal. SEH will work with City to document UI removal effectiveness and provide recommendations,as needed, to enhance the program in order to reach the goals outlined under the MCES surcharge program. SEH will work with the City and their sump pump consultant to establish inspection goals and objectives for data collection and reporting format. We will be available initially and periodically during the Phase II investigation to meet with the City staff and the sump pump consultant to coordinate the overall work. Task 6-Data Review/Reporting At the completion of all field work, SEH will incorporate all data into a summary report and submit one compact disk containing electronic data files of the GIS database, maps,testing forms including a summary of noted defects, and photographs related to the smoke and dye testing. Three draft hard copies and one final copy will be provided to the City upon incorporating comments from city staff. SEH will prepare quarterly technical memorandums to support the quarterly progress meetings to report preliminary fmdings or issues for follow-up by City staff Schedule SEH has the staff available to begin the project as soon as the City provides a notice to proceed.We have already begun a few minor tasks with the continuation of flow monitoring and are available to begin the fieldwork in late August,2010. Project Cost The estimated project cost for completion of all tasks listed in the enclosed work scope will be as provided in the task breakdown for the project listed below. SEH will invoice monthly based on our labor expenses expended on each task and our current hourly billing fee schedule established each year. We will not invoice this project beyond the total project estimate of$290,180 without approval and August 4, 2010 Page 5 authorization by the City of Eden Prairie. Our estimate also assumes our use of a three man smoke testing crew for the fieldwork. Task 1 —Continued Flow Monitoring $ 36,000 Task 2 - Smoke Test Investigation $ 177,380 Task 3—Continued Sewer District 60 Evaluation $10,500 Task 4—Quarterly Progress Meetings $ 9,600 Task 5—Project Management $31,500 Task 6-Data Review/Reporting $ 25,200 Total Estimated Project Cost $290,180 Our estimate is based on the following assumptions: • The City will locate,provide access,and access equipment to all manholes if needed. • The City will provide all informational flyers and be responsible for public notification as followed in the current smoke testing project. SEH will assist the City with coordination with the property owners and distribution of the door hangers. • The City will provide access to as-built sanitary sewer collection system records in the areas of the smoke testing or any maintenance or previously completed inflow and infiltration studies in the area of the testing. • The City will provide electronic files of the City's sanitary and storm sewer atlases. If you have any questions or concerns,please give me a call at 651.490.2144.We look forward to continue working with you and your staff on this challenging issue. Sincerely, SHORT ELLIOTT HENDRICKSON INC. AO irby /an Note, PE Project Manager c: Alva Rankin, SEH CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Randy L. Slick Final Plat Name Change for Grace Public Works/Engineering Church First Addition Requested Action Move to: Adopt the resolution approving the final plat name change of Grace Church First Addition. Synopsis This is a housekeeping item for the final plat name change for Grace Church First Addition located at 8100 Flying Cloud Drive. The revised final plat name is now Grace Church Second Addition. An incorrect and outdated legal name was used, therefore the reason for the plat name change. Background Information The final plat was approved by the City Council on May 18, 2010. 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 was completed on May 18, 2010. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2010- RESOLUTION AMENDING RESOLUTION NO.2010-36 APPROVING FINAL PLAT OF GRACE CHURCH SECOND ADDITION WHEREAS, the final plat of Grace Church Second Addition was approved by City Council, Resolution No. 2010-36 on May 18, 2010; and WHEREAS, the final plat of Grace Church Second Addition has been recorded at Hennepin County; and WHEREAS,the Resolution No. 2010-36 referred to the plat as Grace Church First Addition. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that: 1. Resolution No. 2010-36 is amended so that all references to Grace Church First Addition are changed to Grace Church Second Addition. 2. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. ADOPTED by the Eden Prairie City Council on August 17, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5698 ITEM NO.: VIII.F. Leslie Stovring Approve Change Order No. 1 for Study Public Works/Engineering Areas 1 and 2 of the Erosion Stabilization Project Requested Action Move to: Approve Change Order No. 1 for Study Areas 1 & 2 of the Lower Minnesota River Watershed District Erosion Stabilization Project Synopsis Change Order No. 1, which totals $5,500 is the result of several field revisions that were required during construction within Study Area 1. Background Information The erosion stabilization project was completed on June 24, 2010. The change order is a result of several field revisions that were required during construction. These included: 1. The existing stormwater pipe under Riverview Road had deteriorated. The line was removed, replaced and attached to a line that had been previously installed by MnDOT to carry water from Flying Cloud Drive. 2. The pipe invert elevation at the end of an existing pipe differed from the anticipated elevation, necessitating the construction of an additional segment of drainage structure. 3. Additional silt fence was added to protect against erosion to the adjoining wetland areas. Financial Implications Change Order No. 1 results in a$5,500 increase in the total contract amount. With this change order the contract amount is increased to $69,955. Attachment Change Order No. 1 ral CHANGE ORDER NO. 1 Date:August 10,2010 To: City of Eden Prairie City Improvement Contract 07-5698 Contractor:Machtemes Construction,Inc. Engineer:SRF Consulting Group,Inc. Location:Riverview Road east of Old Hwy 212 NATURE OF CHANGES: 1. After the design, and prior to construction, potholes were identified on Riverview Road over the existing 30" CS (corrugated steel) storm sewer at Study Area 1, outside of the construction limits identified in the plans. Upon further inspection,joint separation of the pipe segments was identified. The Contractor was requested to perform additional services in the removal and installation of new 30" CS pipe within the City right-of-way of Riverview Road. 2. The pipe invert elevation at the end of the existing pipe at structure MH-200 differed from the anticipated elevation. The difference necessitated the construction of an additional segment of Drainage Structure Design 54 S-5. 3. Additional silt fence placement to protect against erosion was necesc2ry, extending from the extents previously identified in the plans. ADJUSTMENT TO CONTRACT PRICE: *INCREASE* Item No. Item Description Unit Unit Price Est'd. Amount QtY• 1 a. 2104.501 Remove Sewer Pipe(Storm) LIN FT $5.00 50 $250.00 1h_ 2503.511 30"CS Pipe Sewer LIN FT $80.85 50 $4042.50 lc. 2503.602 Connect to Existing Storm Sewer EACH $300.00 I $300.00 2. 2506.501 Construct Drainage Structure Des. EACH $550.00 1 $550.00 54-S-5 3. , 2573.502 Silt Fence,Type Heavy Duty ! LIN FT $3.25 110 $357.50 TOTALS: $5500.00 SUMMARY OF CONTRACT CHANGES: Original Contract Amount: $64,455.00 Net Increase resulting from Change Order 1: $ 5,500.00 Revised Contract Amount including Change Order 1: $ 69,955.00 Issued By: /6 .41,4 zit, SRF CONULTING GlftinfaC. DATE Approved By: 4„i �. �- ^io -�fd T'MES CONSTRUCTION,INC. DATE Accepted By: CITY OF EDEN PRAIRIE DATE H:11)rojects152051SAI-2 In-Consiruction16205-SAl 2-Change Order 1 10A[3G2010.docx CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Police Department Resolution Declaring "Abandoned Property" Lieutenant James Morrow Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution - Declaration of Abandoned Property. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on August 17, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk POLICE Exhibit A EaEH ' Abandoned Items for Auction Property ORI Case Number Property Global Item Description MN0272600 2009-00048599 Diamondback BMX Bicycle, Silver in Color MN0272600 2010-00004820 Mongoose MGX-DXR Boys 21 speed, RedBlk MN0272600 2010-00008914 Giant Boulder SE, SilverOrange Mens Bicycle MN0272600 2010-00012689 Mongoose Blackcomb, SilBlk 24-spd Boys MN0272600 2010-00013654 Trek Mountaintrack 220, Female 21sp, Purple MN0272600 2006-00029265 CD ChangerReceiver-Sony MN0272600 2006-00044927 Box w LightsTool BeltPadsRivetsRubber Pad Set MN0272600 2006-00044927 JL Audio Speaker MN0272600 2006-00044927 Pool Cues & Black Case MN0272600 2007-00024816 Gold Ring MN0272600 2007-00024816 Mens Gold Ring w8 diamonds MN0272600 2009-00011686 Ryobi Sander MN0272600 2009-00011686 Torin Big Red Hydraulic Jack MN0272600 2009-00042306 Trek Elope, White in Color MN0272600 2009-00044373 Dr. Grind Skateboards Helmet (Attached to Bicycle Handlebars) MN0272600 2009-00044373 Schwinn Sidewinder Bicycle, Purple MN0272600 2009-00045293 Next Chaos Bicycle, Green MN0272600 2009-00045484 Next Power X, RedSilBlkWhi Bicycle w 2 Bell Cable Locks A MN0272600 2009-00047044 Tony Hawk Huckjam Series Bike, OrangeCream MN0272600 2009-00055698 Black Folding Tire Wrench MN0272600 2009-00055698 Black Nylon Tote Bag MN0272600 2009-00055698 Floor Jac MN0272600 2009-00055698 Floor Jac Handle MN0272600 2009-00055698 Star Wrench MN0272600 2009-00056333 Monster iCarPlay Wireless Cable MN0272600 2009-00056427 Women's 14 kt-5 diamond - Gold Ring- (inside band: 14k 005 - .50ct) MN0272600 2009-00058278 New Pair of Timberline Boots, Size 10M MN0272600 2009-00058278 New Pair of Timberline Boots, Size 9M MN0272600 2010-00007821 Calvin Klein Jacket, Black, Small 12/09/2009 -07/29/2010 1 of 1 POLICE EDEN Property for Conversion Exhibit B Property ORI Case Number Property Global Item Description MN0270000 2005-00001053 Vacuum MN0270000 2006-00000469 $20 Bill found in Wallet MN0270000 2006-00000469 Duffle Bags MN0270000 2008-00000195 2.85g Cocaine & Baggie MN0270000 2008-00000195 1.07g Crack Cocaine & Baggie MN0270000 2008-00000195 1.20g Crack Cocaine & Pkg MN0270000 2008-00000195 2.53g Crack Cocaine & Pkg MN0270000 2008-00000195 2.58g Crack Cocaine & Pkg MN0270000 2008-00000195 2.66g of Crack Cocaine & Baggie MN0270000 2008-00000195 2.70g of Crack Cocaine & Baggie MN0270000 2008-00000195 2.73g Crack Cocaine MN0270000 2008-00000195 2.79g Crack Cocaine MN0270000 2008-00000196 27.3g Meth w Pkg MN0270000 2008-00014617 DigiWeigh Scale MN0270000 2009-00000200 .30g Heroin & Pkg MN0270000 2009-00000200 .50g Heroin & Pkg MN0270000 2009-00000200 .25g Heroin & Pkg MN0270000 2009-00000200 .35g Heroin & Tear-offs MN0270000 2009-00000203 27.95g Cocaine MN0270000 2009-00047993 28.7g Marijuana - CB MN0270000 2009-00047993 Pelouze Digital Scale MN0272600 2010-00026095 $11 Cash(1) $10 Dollar B(1) $1 Dollar MN0272600 2004-00010549 (2) Scales MN0272600 2006-00044939 Cell Phone Charger MN0272600 2006-00044939 Power Adaptor MN0272600 2008-00001817 Digital Scale MN0272600 2008-00002836 Digital Scale MN0272600 2008-00004953 (2) Screwdrivers w Black Handles MN0272600 2009-00003781 Optoma DMD Projection Display MN0272600 2009-00048697 $2 Bill MN0272600 2009-00058278 (6) Camo Print Heat Gear Pants MN0272600 2009-00058278 (5) Camo Print Heat Gear Shirts MN0272600 2009-00058278 (1) Nikon Camo Monarch Binoculars 12/09/2009 -07/29/2010 1 of 1 Drugs Converted for Canine Training CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. VIII.H. Community Development Janet Jeremiah 2010 CDBG Subrecipient Agreements. Housing &Human Services Molly Koivumaki Requested Council Action Move to: Adopt resolution authorizing execution of the 2010 CDBG Subrecipient Agreements between the City of Eden Prairie and the activities to be undertaken with program funds. Synopsis The City is required to execute subrecipient agreements for each CDBG activity approved for funding. These agreements specify the requirements for implementing each activity. Activities approved by the City Council for 2010 include: # Human Services Activity Funding Level 1 PROP (People Reaching Out to Other People) $25,000 2 Southdale YMCA $12,000 3 HOME (Household& Outside Maintenance for $8,000 the Elderly) 4 HomeLine (Tenant's Advocacy Service) $5,000 5 Emergency Vehicle Repair $3,000 Sub Total $53,000 Housing Activities Funding Level 6 Housing Rehabilitation Deferred Loan Program $144,680 7 Affordable Housing/Land Trust $50,000 8 Fair Housing Initiative $2,783 9 Program Administration $27,829 Total $278,292 Background Eden Prairie is the recipient of an annual grant from the U. S. Department of Housing and Urban Development. Program regulations require that a Subrecipient Agreement be executed by the City and subrecipients which set forth the specific implementation processes for activities to be undertaken with program funds. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENTS FOR THE 2010 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) WHEREAS Eden Prairie is the recipient of an annual grant from the U.S. Department of Housing and Urban Development, and PROP, HOME Line, Senior Community Services, YMCA, and Community Action Partnership of Suburban Hennepin County, are subrecipients that receive a share of the grant; and WHEREAS,program regulations require that a Subrecipient Agreement be executed by the City and subrecipients which set forth the specific implementation processes for activities to be undertaken with program funds. BE IT RESOLVED that the City Council of the City of Eden Prairie hereby authorizes and directs the Mayor and the City Manager to execute the Subrecipient Agreements between the City and the subrecipients on behalf of the city. ADOPTED by the Eden Prairie City Council on this 17th day of August, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Stuart Fox, Parks and Natural Award Bid to AIM Electronic Inc. for the Resources Manager, Parks and Replacement of Miller Park Scoreboards Recreation Motion Move to: Award the contract for the replacement of eight athletic field scoreboards at Miller Park to AIM Electronics, Inc. in the amount of$48,371.00. Synopsis The City advertized for the replacement of eight scoreboards at Miller Park. This project is a cooperative effort between the City and the youth baseball and softball associations. The existing scoreboards would be replaced with ones that use LED technology. The scoreboards will be more energy efficient(lower electrical use/cost), they will be easier to see in daylight and utilize wireless keypad operation. The funding to pay for the scoreboard replacement is from a Hennepin Youth Sports Grant Program and matching donations from the youth baseball and softball association. Background The scope of this project is to replace the four baseball field and four softball field scoreboards at Miller Park. The park maintenance staff is spending an increased amount of time each year to keep the current scoreboards operational. These scoreboards use outdated light bulb technology. Replacement parts and components for the scoreboards and score pads are difficult to find and are very expensive. A couple of years ago staff was approached by board members from both youth sports associations expressing a desire to replace these scoreboards. Shortly after this, details of the Hennepin Youth Sports Grant Program were announced. This grant program provides funding through Hennepin County to build, improve or renovate youth sport facilities within Hennepin County as part of the tax funding for the new Twins Stadium. The staff discussed several field improvement options with the youth associations. It was decided that there was an opportunity to leverage their donation dollars in upgrading the youth fields at Miller Park by applying for a Youth Sports Grant. In March, the staff submitted a grant request for several improvements to Miller Park. The request was for$110,000 in grant funding to match the $120,000 in donations from the two youth associations. The grant was approved by the Hennepin County Board of Commissioners on May 25, 2010. Award Bid to AIM Electronic Inc. for the Replacement of Miller Park Scoreboards August 17, 2010 Page 2 Quote Summary and Recommendation Plans and specifications were prepared for three different sized scoreboards at Miller Park using information and input from the board members of both associations. The city received four quotations and the summary of those quotes is as follows: Company Name Quotation AIM Electronics, Inc. $48,371.00 Milwaukee Sporting Goods $54,140.00 Gunnar Electric, Inc. $57,350.00 Prairie Electric $60,659.00 Staff estimate for the scoreboard replacement based on 2009 estimates used for the grant application was $61,000. Each of the submitters met the guidelines as detailed in the bid specification document. Staff recommends the bid be awarded to AIM Electronics, Inc. The project work will begin in late-September with completion by the end of October. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Stuart A. Fox, Parks and Permit for Winter Use of the LRT Trail Natural Resources Manager Requested Action Move to: Authorize staff to submit a Winter Trail Activities Permit to Three Rivers Park District for the 2010-2011 winter season usage of the LRT trail. The winter activity use permit will run from November 15, 2010 to March 31, 2011. Synopsis Currently, Three Rivers Park District does not provide any maintenance of the Regional LRT trail system between November 15 and March 31 of each year. If winter use is desired it is up to the individual cities to request a permit for a specific use(s) of the trail during this "off maintenance"time period. Since the portion of the trail within the city is heavily used by residents, the City has requested and entered into a Winter Use Permit agreement for the past 10+ winters. This has enabled the public to hike/walk, snowshoe or cross-country ski on the LRT corridor trail during the winter months. The 2010 permit request seeks authorization from Three Rivers for walking, snowshoeing and cross country skiing activities. The park staff will plow the LRT for walking activities; however, we do not set tracks for snowshoeing or cross-country skiing. Another condition of the permit is that park staff remove the garbage from the trash receptacles along the trail during the winter months. Without the City applying and receiving a winter activities permit, the trail would be signed as closed and unavailable to the public. Attachment 2010-2011 Winter Trail Activities Permit Application THREE RIVERS PARK DISTRICT REGIONAL TRAIL SYSTEM 2010-2011 WINTER USE PERMIT Name of City eG ibef.) PkAlerC City Hall Phone 952-949- eSoo Contact Person S-M1+A er Phone 952-94' -$44S Contact Person Email Address S-2ox @ eder..Peai ri e .nr, Maintenance Contact Person 1Jov6 etNSi Phone 962-149-85,360 Maintenance Contact Person Email Address 4 rn5f P. edenfro.M✓;e. Regional Trail From Co. ad. (off. to AIL,-J [Ake . Authorized 2010-2011 Winter Activities WA/.111 04.) Cf o C- Coin4r'j C kl i 1 Sk^e"'5h�ion Regional Trail From to cJ Authorized 2010-2011 Winter Activities Regional Trail From to Authorized 2010-2011 Winter Activities Regional Trail From to Authorized 2010-2011 Winter Activities Regional Trail From to Authorized 2010-2011 Winter Activities Regional Trail From to Authorized 2010-2011 Winter Activities Authorization is hereby requested from the Park District Board of Commissioners to use portions of the Regional Trail Corridor for winter use activities between November 15, 2010 and March 31, 2011, as determined by each municipality within guidelines set forth herein on District Regional Trails located within individual City boundaries. It is understood and agreed that approval from the Park District Board of Commissioners is contingent upon the following conditions: 1. The City agrees to defend, indemnify, and hold harmless the Park District, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its respective contractors, anyone directly or indirectly employed by the City, and/or anyone for whose acts and/or omissions they may be liable for related to the winter use of the Regional Trail Corridor. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law defenses, immunities, or limits on liability. The City cannot be required to pay on behalf of itself and Three Rivers Park District, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466. If City maintains general liability insurance at the time this permit is issued, City shall provide the Park District with a Certificate of Insurance, naming Three Rivers Park District as an additional named insured. 2. The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November 15, 2010 - March 31, 2011. For ice control on aggregate trails, Cities agree to use buff colored, 3/8" clear limestone chips from Edward Kramer and Sons, Burnsville, MN. Edward Kramer and Sons is the only aggregate pit that supplies the buff colored limestone that has been specified for use on these trails. Paved trails can be treated with a salt/sand mixture or other approved chemical treatments. The City further agrees to immediately address all safety issues on or adjacent to trails. 3. The City•will provide signage at locations approved by the Park District, notifying the public of authorized,.rtinter activities;within its city limits; activities may include, but are not limited to, hiking, biking, cross-country skiing, snowshoeing, or walking. Winter use signs must be installed by the City at designated locations prior•to, November 1.5, 2010 and removed by the City no later than April 15, 2011. These signs are totally the responsibility of each municipality. 4. SnoWmobiling'is riot allowed on Park District regional trails. •Permitted use for snowmobiles will be limited todirect_.crossings only. The, Hennepin County Regional Railroad Authority (HCRRA) does not allow snowmobiling or other motdrized use within its corridors. The Lake Minnetonka LRT Regional:Trail, Minnesota River Bluffs. LRT Regional Trail,-,Cedar, Lake,LRT Regional Trail, and the -Dakota-Rail Regional Trail are located on HCRRA corridor property and•permission for a snowmobile •'crossing of.,ab',_HCRRA :corridor rnust be.obtained from the HCRRA prior to requesting permission from the Park District for a snowmobile crossing of the regional trail within the corridor. If a snowmobile crossing is permitted, cities must take steps to keep snowmobiles from damaging paved trails, bridges and other property. 5. The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. 6. The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including, but not limited to, bituminous/concrete repair, bridge deck repair, grading or adding aggregate pursuant to guidelines established by the Park District. 7. The City agrees that winter trail use will be available to all persons, regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations, by September 17, 2010, after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: Title: CITY COUNCIL AGENDA DATE: August 17, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Community Development/Planning License Agreement Amendment Janet Jeremiah/Steve Durham Telecommunications Tower 13708 Holly Road Requested Action Move to: • Approve the license agreement amendment between AT & T and the City of Eden Prairie for a modified site plan for an approved Telecommunications Tower at 13708 Holly Road. Synopsis AT & T needs to amend the license agreement for a modified site plan. Due to the location of underground Excel Energy power line the approved location of the approved tower and ground equipment is changing within the easement area. The modified site plan conforms to city Code. Attachments 1. License agreement 2. Location map 3. Plans Site Name: 13708 Holly Road,Eden Prairie,MN (AT&T Bryant Lake MPLSMN3593) AMENDMENT NO. 1 TO COMMUNICATIONS FACILITY LICENSE AGREEMENT This Amendment No. 1 to COMMUNICATIONS FACILITY LICENSE AGREEMENT("Amendment"),effective as of the date last signed below ("Effective Date"), amends a certain COMMUNICATONS FACILITY LICENSE AGREEMENT between New Cingular Wireless PCS, LLC, a Delaware limited partnership ("Tenant") and City of Eden Prairie, Minnesota, a Minnesota municipal corporation("Landlord"),dated May 18.2010(the"License"). BACKGROUND WNERAS, Landlord and Tenant desire to Modify Exhibit B to the License to identify a revised location within the Exclusive Area for the location of Tenant's Pole and Ground Equipment. WHEREAS,Tenant and Landlord therefore desire to modify the provisions of the Agreement as provided below. AGREEMENT For good and valuable consideration the receipt and sufficiency of which is acknowledged. Owner and Tenant agree as follows: 1. Modification Exhibit B.Exhibit B of the License is hereby deleted and replaced in its entirety with the attached Exhibit B-1. The failure of Tenant to comply with such condition of this Amendment shall constitute a material breach of the Agreement as hereby amended. 2. General Terms and Conditions. (a) All capitalized terms used in this Amendment, unless otherwise defined herein,will have the same meaning as the terms contained in the Agreement. (b) In case of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained in this Amendment,the terms and conditions herein will control. Except as set forth below,all provisions of the Agreement are ratified and remain unchanged and in full force and effect. (c) This Amendment may be executed in duplicate counterparts,each of which will be deemed an original. (d) Each of the parties represent and warrant that they have the right,power,legal capacity and authority to enter into and perform their respective obligations under this Amendment. ***SIGNATURES ON FOLLOWING PAGE*** The parties have executed this Amendment as of the Effective Date. Owner: Tenant: City of Eden Prairie,a Minnesota municipal New Cingular Wireless PSC,LLC,a Delaware Limited partnership corporation By: AT&T Mobility Corporation Its Manager By: By: Name: Name: 17, -4/t M Title:Mayor Title: Neil Alta&Construatlon Manager Date: Date: /7(6 By: Name: Title:City Manager Date: DM#421048,SN Template,revised 4.6.09(modify equipment/permit subleasing) 2 Exhibit B-1 [see attached DM#421048,SN Template,revised 4.6.04{modify equipment/permit subleasing) 3 , • . • �r EC E EST PEEPER/ WE FAN _ ° DM ltn4cK'u!{ / D i , !;E 9[£i CO2 RE EX r !/ nuwctia eRAWwEM TflP ICCCSS RMD lee ERICt LEE EMI =roc*Elk • r!j r~ - - -""'-• 4/- - `�� 12•EDE y • 1 1 • sane RUMOR(LIE _ 1 M1_ '� ►.` ��`-1: �WAY � '- • ti ,: • ‘77 --A'.1 1r�1 ��_� i i ! 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Sa EuwTOR HS wCKFISES F PROPOSED AN1DPIAS Q,• r PROPOSED WISER STEALTH InI pm TT;Cd4X4.441fEl11u5 . —PrRx o5m NOTENINs lul PROPOSED A_ENNA_LA ThI1 LJ . 6 917YE I.- C-OT(922-.54) -1 11l- Flinn.YR[IN455 SECT/ON 0W J C 1 RFIIIM J 12P SAFETY SIGNCE SHOULD BE 1NSTALLED PER THE DIRECTION OF THE AT&T RF ENGINEERING DEFT- a z 1 1 q Drams '� 1•ma(Gam 1 ROMS GUDE '� Si-AS °, —OA cmFPAF:r[u flu./ ilk b i 511I5FACTNPi IP7>11E 1 o N PROPOSED xE MIME - �- F2 ` P PROPOS]]xx ORME MST , t 1 i 9'-,o H�1 TO CovE1¢ PACE 4 EIRNK EGUP.PIAIF➢Iri A k F PROPOSED a.MOOR Wan 7+ /swlal Ho{/rtm To. eEllcn orte scwur�wD murAer 2CWIh1IXf PlA1FiRIY 'JIIS1AC- 1 of DIVING cavia STBAVII A / ':puENE FLOORSDflJL 'Ot rnR AD011O4mammar FOEVOSED II'IR /-- aWR LOP FEMME jr: _1._ //, svurti ELEVATION • P • • A scx.r_Re-,-O•{21.s,• r 1 `"E, . ter°, ti-- roc w...�— o>n•n••roma mom.No mu...,,..00.11. .a.r m1 Oi .1....i.eos.� SITE No.MPLSMN3593 at&t ;�'./1° 53/1E0 MR aJ»M••r,�r,,,,.racwywn,r,,,4R ..c.........vim u•w,.OM ELEVATION . .� BRYANT LAKE "".....Fri" -.no. ..... n.,,mmP.on -m ❑ s,u,i• OM RW111 I» ow W4 i a rpol•.rl i••.•..11....... a(.Yw104. .ra _ own r. b '1 r. acw a WM *NM MI ilraP. era. ROPEY A-MISM AWLSMM3593-0O3 1 5 .. I a 31 2 I 1 • - - 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 A&E DESIGN P ACK0A GA E.a o TS ,wa. w1 ALE OMMENS 4ROOEEO 20c c.o MPLUE ww RD ‘....-- ---- e0. NOT o OF Oo. c0 snaow,.xxscu asa D❑of � I OsonEossiwI d E 0 REVISED sTs DESIGN J Q o•a EAML 1 2WFG ISIRUIEACCe1 0B9PPROVALDFDEW rel DETAIL CLCUIA109%ANNR9STESTMEIEWglLMAWSDEVELOPEDg1SBCIEO6Y 1NESIfPLER RD06SNOTRBEYESUPRIEAFNAAFUJ.ASRU NCEWIINCONDLICIWL EVIEWED BY RE/PE COMM ENGINEER SA LMARKET uoE CONSTRUCTION 1 AT&T MOBILITY APPROVAL GOPHERSTATE SITE NUMBER: MPLSMN3593 Real Estate: Date ONECALL RP: Date Operations:CALL BEFORE YOU DIG SITE NAME: BRYANT LAKE Date 651-454-0002-Metro/800-252.1166-Greater MN W ww.gopherstateonecel I.org DRAWING INDEX REV. DIRECTIONS FROM THE BLOOMINGTON AT&T MOBILITY OFFICE: PROJECT INFORMATION TAKE 1-494 WEST TO HWY 62/CROSSTOWN(EXIT 13). GO WEST ON HWY 62 TO BAKER ROAD. GO SOUTH ON BAKER ROAD.8 MILES TO DRIVEWAY ONTO SCHOOL GROUNDS AND FOLLOW TO THE SITE ON THE LEFT AS DEPICTED MPLSMN3593-TO1 TITLE SHEET 1 BELOW. SCOPE OF WORK: AN UNMANNED TELECOMMUNICATIONS FACILITY CONSISTING OF INSTALUNG PANEL MPLSMN3593-001 OVERALL SITE PLAN 1 AT&T ACCESS-24/7 ANTENNAS ON A STEALTH MONOPOLE AND THE PLACEMENT OF AN EQUIPMENT MPLSMN3593-0O2 ENLARGED SITE PLAN 1 VICINITY MAP SITE ADDRESS: 13900 HOLLY ROAD EDEN PRAIRIE,MN 55436 MPLSMN3593-0O3 ELEVATION 1 PROPERTY OWNER: CITY lik MPLSMN3593-S01 CONSTRUCTION DETAILS 1 8080 EDEN PRAI RIE AD 4— EDEN ITCHELL ROAD MPLSMN3593-S02 CONSTRUCTION DETAILS 1 EDEN PRAIRIE,MN 55344 MPLSMN3593-S03 POWER DISTRIBUTION CENTER 1 — CONTACT PERSON: MARK VANDENBERGHE 952-949-8368 MPLSMN3593-E01 GROUNDING PLAN 1 APPLICANT: AT&T MOBILITY 4300 MARKET POINTE DR.,SUITE 350 (01 MPLSMN3593-E02 ONE-LINE DIAGRAM&DETAILS 1 B4LOOMINGTON,MN 55435 /N LATITUDE: 44'S2'S4.57"NORTH (NAD 83) MPLSMN3593-E03 GROUNDING DETAILS 1 LONGITUDE: 93' 27'00.62"WEST(NAD 83) MPLSMN3593-E04 GROUNDING DETAILS 1 \\ El ELEVATION: 876.5'AMSL(NAND 88) B MPLSMN3593-E05 E911 ANTENNA DETAIL&SCHEMATIC 1 a JURISDICTION: CITY OF EDEN PRAIRIE o Fe PROPERTY TAX I.D.No: 03-116-22-31-0002 MPLSMN3593-N01 RF DATA SHEET 1 s, CURRENT USE: RURAL ONE FAMILY(10 ACRE MIN.) S EDENVALE BLVD PROPOSED USE: TELECOMMUNICATIONS FACILITY MPLSMN3593-NO2 COAX LABELING 1 z MPLSMN3593-FO1 FENCE DETAILS 1 •<SITE 9y SITE QUALIFICATION PARTICIPANTS MPLSMN3593-L01 SILT FENCE DETAILS 1 , r_LOCATION o . A Ift!1 NBME COMPANY NUMBER `�I, A/E PARON EVANS ULTEIG ENGINEERS 763-571-2500 ,p, SAC CONNIE LAMBERES BLACK&VEATCH 630-415-4228 Ilk RF RAGHU PARIGI AT&T MOBILITY 612-325-8961 HOLLY RD CON JEFF SAUER AT&T MOBILITY 218-851-8391 LANDLORD MARK VANDENBERGHE CITY OF EDEN PRAIRIE 952-949-8368 PM JOHN THIELEN BLACK&VEATCH 612-309-0317 A SCALE:NONE Q y y 1 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION ERA EEC RAE CER nTACT lA nog PLAN. SE� DR"""c NeME �t sit 0 05/25/10 ISSUED FOR CONSTRUCTION KBA KBA RAE 5R Ultei engineers SITE No. MPLSMN3593 at B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION KBA K '' °meµN'INVi NEsoTAu OFEr"E TITLE SHEET inn* � BRYANT LAKE A 06/29/09 ISSUED FOR RENEW AND COMMENT KBA KBA °`SOnneepas °AT 0 07/26/10 .Noa3„9 iaaeW-mvy..2S100us:sw4 ti 4300 BLOOMINGTON MINNE50TA 55435 MARKET PONTE DRIVE,SUITE 350 No. DATE REVISIONS BY CHK APP'0 / row.No. REV Weis„N,igJJobN No. S SCALE. AS NOTED IDESIGNED: 'DRAWN: KBA ROBLEY A EVANS MPLSMN3593-TO1 ? 3 I 2 • / • • / �400 SETBACK LINE FROM EAST PROPERTY LINE / / \ D / i SEE SHEET CO2 FOR / / ENLARGED PLAN VIEW • / / 100•SETBACK LINE FROM \ / i EXISTING ACCESS ROAD EXISTING CREEK . . / • 7...."... / — , -__., • I %�! r - - -....1 PROPOSED 12'WIDE / ' 1 /�r \ S. / ACCESS EASEMENT • • 1 `' 50'SETBACK LINE FROM • / T I SOUTH PROPERTY LINE \ ....:............. • ___ �'•_ \ d• 'V // .<..0 u.�...,cu u_. .�� __ _ _ d • -a-.a.:.a.:.w-.a-.a.:.a..:..............--. _____ __ d ' • • \�— � \ Ei --... N /„ . -10 PROPOSED 5'WIDE \\ \ • UTILITY EASEMENT \ \ w. e� • o o Fed P4 • EXISTING POWER AND TELCO- / • • • �O B EXISTING FENCE , 0P \\• • OVERALL PLAN ___, 0 10 20 40 A sem F:1'=20'(022k347 Q1 0�/26/10 REVISED TOWER AND EQUIPMENT LOCATION KBA KBA RAE ,T v.7,1 T,Nn oA u�T m °"'"G Nun[ SITE NO. MPLSMN3593 `� Ds/zs/,p ISSUED PDN cONSTRUCTiOn NA KDA RAE pR DNANG`.T AMADp° pGENSEG at NA I°N�ENG�N R R*z w:°T,HE OVERALL SITE PLAN �e11Qi5201�neers 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION K6A ZEE P MINNESOTAu Minneapolis,�rw�.� +°� BRYANT LAKE A ON/29/09 ISSUED FOR REVIEW AND COMMENT CNn KDA RAE TE°F 07/26/10 ND 43119 a�•W+-amrt w T•pc abvrw 00 MASK,POINTE TE DRIVE,SUITE MO BLOO DEsorS suns No. DATE REVISIONS SO COO ERA C°AT /,j,/k�° orznwiNc No. c.E. � ,'pp�"jp TT SCALE: AS NOTED IDESIGNED: RAE (DRAWN: KBA ROBLEY A.EVANS MPLSMN3593-001 1 6 1 1 ? 3 2 1 / EXISTING ACCESS ROAD G r a1 1\ PROPOSED 12'WIDE 1 ACCESS;EASEMENT 1 — / 1 /1 1 SILT FENCE-SEE — 1 1 SHEET L01 FOR DETAILS 1 1 1 20'-0/ •j'• ... / LEASE LINE/FENCE LINE / ;, 1 ... '•.�4... PROPOSED UNIVERSAL PROPOSED ICE BRIDGE :SUPPORT STsiLMS 4e / • •• • •• \ - _ SEE DETAIL ---MODULAR PLATFORM. SEE SHEET SO2 FOR - C •UOB 4Z/7 _ a ADDITIONAL INFORMATION. Tv . . PROPOSED ICE BRIDGE MOE------- 0e U \ ---� -'d - - - - _ .................. \..�ME � I ENTIRE EIQUIP.OPLATFORM OaE / PROPOSED OUTDOOR LIGHT ................ -- - w/SWITCH MOUNTED TO 8 I I EQUIPMENT PLATFORM ���� ���� „�� -i PROPOSED EQUIPMENT CABINETS ......... ....... I I -- ____ ______ PROPOSED UTIU -- \ • w ..... ............ s - o ----- \y U -8,,,FRAME SEE ___II __ ___ __ .M �O ii - _D _ ‘,--__ -- ........ .ACCESSE ROAD:.•SEE... ...... .. _ , ' • _ _ _____ _________ .. ..DETAIL ON.SHEET.CO2 .. .. .... �yY _ — — -- ..PROPOSED 75 I ....... ...... ....STEALTH.MONOPOLE...... ... .. .... .. .. ———___ ... .......................... ....... ... ............ .................. _ PROPOSED 5'WIDE __ URUTY EASEMENT ..... ..GPS'ANTENNA ..... .................. ____ .8'DOUBLE SWING.G>TE.............. PROPOSED 8'HIGH _ CENTERED ON FENCE CHAIN LINK FENCE _--_ COORDINATE POWER AND TELCO� --__ ... ... __...............-- ___;VIITTT-LOCAL UTIUTIES. SEE SHEET ... ...... ..... ...... ...... ..... CO1 FOR POWER-AND TELCO LOCATION. ............ ...... ........ ........................... ASSUME 400'FOR-BIBDING PURPOSES. SITE PLAN / �� 8 �/ A SCALE Ye"-l'-0'(022'z34') T-zottzrzoTa Q1 07/20/10 REVISED TOWER AND EQUIPMENT LOCATION KBA KBA RAE FUTT[THIS Au1 N,SPECIFICATION °RAwIUG Nun[ SITE NO. MPLSMN3593 `� Ds/zs/,D cD FQR consTRucnon BA KBA RAE,R Q„µoT 1 AN A DUI°LTGEx Eo at BA QNNENo�N R UNDER w:°FTHE ENLARGED SITE PLAN lie11Qiineers De/ze/a0 REVISED TOWER AND EQUIPMENT LOCATION KBA RAE P MINNESOTAu n.�I5201 Ernw�rw ANT� +°� BRYANT LAKE A ON/z9/09 ISSUED FOR REVIEW AND COMMENT KBA KBA RAE DATE °F o7/2s/10 No 43119 RPM Iamrt bus:iry•Yxr! eKo=CTON uwNESOTA soar No. DATE REVISIONS BY CEO APED°"T /,j,/k�° DRAWING No. vE. I ,.pujp n SCALE. AS NOTED IDESIGNED: RAE 'DRAWN: KBA ROBLEY A.EVANS MPLSMN3593-0O2 1 6 1 1 ? 3 2 1 PROPOSED 75'MONOPOLE 40. D ®, 270' I'0O11111111110, \ —II 1 ' PROPOSED ELEVATION ANTENNA, NTERUNES ' \ `I PROPOSED ANTENNAS 160' M N- PROPOSED CANISTER STEALTH SKIN TO CONCEAL ANTENNAS \ LT T• PROPOSED ANTENNAS 11 1I PROPOSED ANTENNA LAYOUT D® \ FUTURE ANTENNAS SCALE: 1"=1'-0"(1022"x34") '_r- SECTION011) C RF NOTE: RF SAFETY SIGNAGE SHOULD BE INSTALLED PER THE DIRECTION OF o i' THE AT&T RF ENGINEERING DEPT. 12.-0° 2 0 a 4'THICK GRAVEL CL DRIVE 3 ROUGH GRADE CROWN OR 1 PIa o o I SPOT EL AS SHOWN ON —CUT 4LO 0 COMPACTED FILL w/ PUN & M' SATISFACTORY NATIVE __— OR IMPORTED SOIL oLOLL r PROPOSED ICE BRIDGE 2% 2T 2 x W = w = II 2 L - PROPOSED ICE BRIDGE EXIST 1 ` ` `�1L— g 9'-10 HIGH TO COVER GRADE -- 4 "I ill '2 BORE EQUIP.PLATFORM B n II PROPOSED OUTDOOR LIGHT w/SWITCH MOUNTED TO BENCH INTO SCARIFY AND COMPACT °� .c. EQUIPMENT PLATFORM EXISTING TOP 6°OF EXISTING n 1 GRADE °4 GPS ANTENNA / GRAVEL DRIVE PROPOSED UNIVERSAL SUPPORT SYSTEMS MODULAR PLATFORM. DETAIL SEE SHEET SO2 FOR ADDITIONAL INFORMATION. PROPOSED 8'HIGH T 7 CHAIN LINK FENCE SOUTH ELEVATION k 1E' f "E-IE D® A SCALE:B"=1'-0"(022"x34") Iwy Ao Q 1 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KRA KBA RAE I LCEZTIFpSA TM�SAP 0 Osp s{1T H Owawlxc NAM[ w k wxoilB x+BIREtt UIy SITE No. MPLSMN3593Q 06/25/10 ISSUED FOR GDNBTRDcnQN KB,KBA RAEs WIo.wgxEERUNN^NDER TM,LAWSO`T Lel�eflglNEEI'g at&t B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION KB4 KBA RAE pT MINNE$QTA ` ELEVATION A 06/29/09 ISSUED FOR REVIEW AND COMMENT NBA KBA RAE n :M 66 "'°' BRYANT LAKE �07/26/10 .43119 DATE REVISIONS BY CDS APP'D 44 c M..r.w.�w.D.W.F..=1w. BLOOMINGTON MINNESOTA SS.S No. F�"T DRAWING NO. e. ''"°'°'"' SCALE AS NOTED I DESIGNED. RAE (DRAWN. SBA MPLSMN3593-0O3 R1 wwxe N..w.B21T2 ROBLEY A.EVANS 6 I 2 3 2 I GENERAL NOTES GENERAL NOTES: STRUCTURAL STEEL NOTES: CONCRETE AND REINFORCING STEEL NOTES: 1. FOR THE PURPOSE OF CONSTRUCTION DRAWING, THE FOLLOWING DEFINITIONS SHALL APPLY: 1. ALL STEEL WORK SHALL BE PAINTED IN ACCORDANCE WITH THE PROJECT 1. THIS PROPOSAL IS FOR AN UNMANNED TELECOMMUNICATIONS FACILITY CONTRACTOR-BUILD CONTRACTOR1.ALL CONCRETE WORK SHALL BE IN ACCORDANCE WITH THE ACI 301,ACI CONSISTING OF A MONOPOLE WITH ANTENNAS AND THE PLACEMENT OF SPECIFICATIONS AND IN ACCORDANCE WITH ASTM A36 UNLESS OTHERWISE SUBCONTRACTOR-GENERAL CONTRACTOR(CONSTRUCTION) 318,ACI 336,ASTM A184,ASTM A185 AND THE DESIGN AND CONSTRUCTION EQUIPMENT AT THE TOWER BASE. OWNER-AT&T MOBILITY NOTED. SPECIFICATION FOR CAST-IN-PLACE CONCRETE. PROPOSEDAN WILL BE UNMANNED AND DOES NOT REQUIRE 2. ALL WELDING SHALL BE PERFORMED USING E70XX ELECTRODES AND 2. THE FCIU POTABLEWATER FAO SEWER SERVICE. 2. ALL SITE WORK SHALL BE COMPLETED AS INDICATED ON THE DRAWINGS AND PROJECT WELDING SHALL CONFORM TO AISC AND AWS D1.1.WHERE FILLET WELD 2.ALL CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF SPECIFICATIONS. SIZES ARE NOT SHOWN,PROVIDE THE MINIMUM SIZE PER TABLE J2.4 IN 4000 PSI AT 28 DAYS,UNLESS NOTED OTHERWISE. 3. THE PROPOSED FACIUTY IS UNMANNED AND IS NOT FOR HUMAN HABITAT. THE MSC"MANUAL OF STEEL CONSTRUCTION". PAINTED SURFACES D 3. DRAWINGS PROVIDED HERE ARE NOT TO BE SCALED AND ARE INTENDED TO SHOW OUTLINE SHALL BE TOUCHED UP. 3.REINFORCING STEEL SHALL CONFORM TO ASTM A615,GRADE 60,DEFORMED (NO HANDICAP ACCESS IS REQUIRED). ONLY. UNLESS NOTED OTHERWISE. WELDED WIRE FABRIC SHALL CONFORM TO ASTM 3. BOLTED CONNECTIONS SHALL BE ASTM A325 BEARING TYPE(3/4"B) A185 WELDED STEEL WIRE FABRIC UNLESS NOTED OTHERWISE. SPICES 4. OCCUPANCY IS LIMITED TO PERIODIC MAINTENANCE AND INSPECTION, 4, ALL MATERIALS FURNISHED AND INSTALLED SHALL BE IN STRICT ACCORDANCE WTH ALLSHALL BE CLASS"B"AND ALL HOOKS SHALL BE STANDARD,UNO. APPROXIMATELY 2 TIMES PER MONTH,BY CINGULAR TECHNICIANS. APPUCABLE CODES,REGULATIONS,AND ORDINANCES.SUBCONTRACTOR SHALL ISSUE ALL CONNECTIONS AND SHALL HAVE MINIMUM OF TWO BOLTS UNLESS NOTED APPROPRIATE NOTICES AND COMPLY WITH ALL LAWS,ORDINANCES,RULES,REGULATIONS,AND OTHERWISE. 4.THE FOLLOWING MINIMUM CONCRETE COVER SHALL BE PROVIDED FOR 8. NO NOISE,SMOKE,DUST OR ODOR WILL RESULT FROM THIS PROPOSAL. LAWFUL ORDERS OF ANY PUBLIC AUTHORITY REGARDING THE PERFORMANCE OF THE WORK. REINFORCING STEEL UNLESS SHOWN OTHERWISE ON DRAWINGS: 4. NON-STRUCTURAL CONNECTIONS FOR STEEL GRATING MAY USE 5/8"DIA. 6. OUTDOOR STORAGE AND SOLID WASTE CONTAINERS ARE NOT PROPOSED. 5. ALL WORK CARRIED OUT SHALL COMPLY WITH ALL APPLICABLE MUNICIPAL AND UTILITY ASTM A307 BOLTS UNLESS NOTED OTHERWISE. COMPANY SPECIFICATIONS AND LOCAL JURISDICTIONAL CODES,ORDINANCES AND APPLICABLE CONCRETE CAST AGAINST EARTH 3 IN. 7. ALL MATERIAL SHALL BE FURNISHED AND WORK SHALL BE PERFORMED IN REGULATIONS. 5.INSTALLATION OF CONCRETE EXPANSION/WEDGE ANCHOR,SHALL BE PER CONCRETE EXPOSED TO EARTH OR WEATHER: ACCORDANCE WITH THE PROJECT SPECIFICATIONS. MANUFACTURER'S WRITTEN RECOMMENDED PROCEDURE.THE ANCHOR 6 AND LARGER 2 IN. 6. UNLESS NOTED OTHERWISE,THE WORK SHALL INCLUDE FURNISHING MATERIALS,EQUIPMENT, BOLT,DOWEL OR ROD SHALL CONFORM TO MANUFACTURER'S 5 AND SMALLER&WWF 1 1/2 IN. 8. SUBCONTRACTOR SHALL BE RESPONSIBLE FOR REPAIRING ANY DAMAGE APPURTENANCES,AND LABOR NECESSARY TO COMPLETE ALL INSTALLATIONS AS INDICATED ON RECOMMENDATION FOR EMBEDMENT DEPTH OR AS SHOWN ON THE CONCRETE NOT EXPOSED TO EARTH OR WEATHER OR NOT CAUSED BY THE CONSTRUCTION OPERATION. THE DRAWINGS. DRAWINGS.NO REBAR SHALL BE CUT WITHOUT PRIOR ENGINEERING CAST AGAINST THE GROUND: APPROVAL WHEN DRILUNG HOLES IN CONCRETE. SPECIAL INSPECTIONS, 9. SUBCONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL PERMITS AND 7. THE SUBCONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS IN ACCORDANCE WITH REQUIRED BY GOVERNING CODES,SHALL BE PERFORMED IN ORDER TO SLAB AND WALL 3/4 IN. INSPECTION REQUIRED FOR CONSTRUCTION. MANUFACTURER'S RECOMMENDATIONS UNLESS SPECIFICALLY STATED OTHERWISE. MAINTAIN MANUFACTURER'S MAXIMUM ALLOWABLE LOADS. BEAMS AND COLUMNS 1 1/2 IN. 10. SUBCONTRACTOR SHALL REMOVE ALL TRASH AND DEBRIS FROM THE SITE ON 8. IF THE SPECIFIED EQUIPMENT CANNOT BE INSTALLED AS SHOWN ON THESE DRAWINGS,THE 5. A CHAMFER 3/4"SHALL BE PROVIDED AT ALL EXPOSED EDGES OF A DAILY BASIS. SUBCONTRACTOR SHALL PROPOSE AN ALTERNATIVE INSTALLATION SPACE FOR APPROVAL BY STRUCTURAL STEEL NOTES 301 CONCRETE,UNO,IN ACCORDANCE WITH ACI 301 SECTION 4.2.4. THE CONTRACTOR. 11. INFORMATION SHOWN ON THESE DRAWINGS WAS OBTAINED FROM SITE VISITS SO 6. INSTALLATION OF CONCRETE EXPANSION/WEDGE ANCHOR,SHALL BE PER AND DRAWINGS PROVIDED BY THE SITE OWNER.SUBCONTRACTOR SHALL 9. THE SUBCONTRACTOR SHALL PROTECT EXISTING IMPROVEMENTS,PAVEMENTS,CURBS, MANUFACTURER'S WRITTEN RECOMMENDED PROCEDURE.THE ANCHOR BOLT, C NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO ORDERING MATERIAL OR LANDSCAPING AND STRUCTURES.ANY DAMAGED PART SHALL BE REPAIRED AT DOWEL OR ROD SHALL CONFORM TO MANUFACTURER'S RECOMMENDATION FOR PROCEEDING WITH CONSTRUCTION. SUBCONTRACTOR'S EXPENSE TO THE SATISFACTION OF OWNER. EMBEDMENT DEPTH OR AS SHOWN ON THE DRAWINGS.NO REBAR SHALL BE 12. NO WHITE STROBIC UGHTS ARE PERMITTED,LIGHTING,IF REQUIRED,WILL CUT WITHOUT PRIOR ENGINEERING APPROVAL WHEN DRILLING HOLES IN MEET FAA STANDARDS AND REQUIREMENTS. . UTILITY LOCATING SERVICES PRIOR TO THE START OF CONCRETE. EXPANSION BOLTS SHALL BE PROVIDED BY RAMSET/REDHEAD OR 10 THE SUBCONTRACTOR SHALL CONTACT CONSTRUCTION. APPROVED EQUAL,UNLESS NOTED OTHERWISE.SPECIAL INSPECTIONS,WHEN 13. SUBCONTRACTOR SHALL CALL GOPHER STATE ONE FOR MARKOUT PRIOR TO REQUIRED BY GOVERNING CODES,SHALL BE PERFORMED IN ORDER TO CONSTRUCTION. 11. ALL EXISTING ACTIVE SEWER,WATER,GAS,ELECTRIC,AND OTHER UTILITIES WHERE MAINTAIN MANUFACTURER'S MAXIMUM ALLOWABLE LOADS. ENCOUNTERED IN THE WORK,SHALL BE PROTECTED AT ALL TIMES,AND WHERE REQUIRED FOR THE PROPER EXECUTION OF THE WORK,SHALL BE RELOCATED AS DIRECTED BY 14. ALL MATERIAL SHALL BE FURNISHED AND WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE APPLICABLE SECTIONS OF SPECIFICATIONS. IN CASE ENGINEERS.EXTREME CAUTION SHOULD BE USED BY THE SUBCONTRACTOR WHEN EXCAVATING CONCRETE AND REINFORCING STEEL NOTES 302 OF A CONFlJCT BETWEEN THE CONSTRUCTION SPECIFICATIONS AND THE OR DRILLING PIERS AROUND OR NEAR UTILITIES. SUBCONTRACTOR SHALL PROVIDE SAFETY DRAWINGS,THE DRAWINGS SHALL GOVERN. TRAINING FOR THE WORKING CREW. THIS WILL INCLUDE BUT NOT BE LIMITED TO A)FALL SO111- PROTECTION B)CONFINED SPACE C)ELECTRICAL SAFETY D)TRENCHING&EXCAVATION. 12. ALL EXISTING INACTIVE SEWER,WATER,GAS,ELECTRIC AND OTHER UTILITIES,WHICH INTERFERE WITH THE EXECUTION OF THE WORK,SHALL BE REMOVED AND/OR CAPPED, PLUGGED OR OTHERWISE DISCONTINUED AT POINTS WHICH WILL NOT INTERFERE WITH THE EXECUTION OF THE WORK,AS DIRECTED BY THE RESPONSIBLE ENGINEER,AND SUBJECT TO THE APPROVAL OF THE OWNER AND/OR LOCAL UTILITIES. 13. THE AREAS OF THE OWNER'S PROPERTY DISTURBED BY THE WORK AND NOT COVERED BY THE TOWER,EQUIPMENT OR DRIVEWAY,SHALL BE GRADED TO A UNIFORM SLOPE,AND STABILIZED TO PREVENT EROSION. B 14. SUBCONTRACTOR SHALL MINIMIZE DISTURBANCE TO EXISTING SITE DURING CONSTRUCTION. EROSION CONTROL MEASURES,IF REQUIRED DURING CONSTRUCTION,SHALL BE IN CONFORMANCE WITH THE LOCAL GUIDELINES FOR EROSION AND SEDIMENT CONTROL. 15. NO FILL OR EMBANKMENT MATERIAL SHALL BE PLACED ON FROZEN GROUND. FROZEN MATERIALS,SNOW OR ICE SHALL NOT BE PLACED IN ANY FILL OR EMBANKMENT. 16. THE SUB GRADE SHALL BE COMPACTED AND BROUGHT TO A SMOOTH UNIFORM GRADE PRIOR TO FINISHED SURFACE APPLICATION. 17. THE SITE SHALL BE GRADED TO CAUSE SURFACE WATER TO FLOW AWAY FROM THE BTS EQUIPMENT AND TOWER AREAS. 18. IF NECESSARY,RUBBISH,STUMPS,DEBRIS,STICKS,STONES AND OTHER REFUSE SHALL BE REMOVED FROM THE SITE AND DISPOSED OF LEGALLY. 19. THE SUBCONTRACTOR SHALL PROVIDE SITE SIGNAGE IN ACCORDANCE WITH THE TECHNICAL SPECIFICATION FOR SITE SIGNAGE. GENERAL NOTES 300 A SO1 Q I UT/26/10 REVISED TOWER AND EQUIPMENT LOCATION KBA KBA RAE I LCERTTI xRETAT TRIM 0,0Sp 5{IGT H ORD Dwaw1„c NAME w D EER MR DIRECT SITE No. MPLSMN3593 Q 05/25/10 ISSUED FOR GDNSTRD nQN a KB RAE s�o AND AER NN^THE Las SSBR Ultel aengneers ���� B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION NBA KRA RAE AT MI UNDER NNE$DTA oF CONSTRUCTION DETAILS 6201 EastA 06/29/09 ISSUED FOR REVIEW AND COMMENT KBA KBA RAE .BRYANT1"'°' BRYANT LAKE 07/26/10 „043119 DATE REVISIONS BY CHK APP'C /11 c IRm eLoomiNOTON MINNEsoTA ssass No. F�"T oRAwINc No. Ev 09.02"' SCALE AS NOTED I DESIGNED. RAE IDRAwN. KRA MPLSMN3593-501 R1 1.11.0.1...w.00m ROBLEY A.EVANS 6 I 6 3 2 I 1 ITEM# DESCRIPTION VALMONT PART#802603P MTS PART#WB—KS110-13B 2 VALMONT PART#802604P MTS PART#MT—C6269 O VALMONT PART#802605P MIS PART#MT-357-12 D AVA AAA AAA Affa V. = REM# iQ OR 0 (SEE TABLE)] 24"WIDE x 120"LONG ICE BRIDGE CUT ICE BRIDGE CHANNEL BAR ENTIREGRATINGPLATFORM S O O LENGTH TO SUIT(SEE NOTES) THE ENTIRE COVERS _ -- ,—C 4 C 0 d 9 N ik [ITEM B 3O(SEE TABLE)] Ir v i z i �' erm TRAPEZE KIT B ... WIT TRAPEZE KITS ARE INCLUDED Li WITH ICE BRIDGE.ORDER ADDITIONAL `o p TRAPEZE KITS AS REQUIRED,TO MAINTAIN MAXIMUM CABLE SPAN OF r o 3.-0"(TYP) t _ L A ANTENNA CABLES C ==__ C ____ C ___ C c9 ARRANGEMENT fV VAT p1 � E E BY SUB—CONTRACTOR oi i C Notes: 1.Frames are constructed of L3'x3.x I/4.81W. CONCRETE PIER 2.Bases are steel and 16'M diameter. US Patent No.6,669,163 B2. USS . ' �' 3.Bases have an elevated hub for weightdispereicn. YmnoerebnuxaeMlro a 4.Frames and grating are hat dipped gatanisad after welding. Exuya.wn,Kr.p1p1 5.PIBWam height is adjustable from 16'to 22'. .^ TaF�y.sn 21/08.11602 IeEVI omonlmax I DATE I APPROVED Tr 10x15 Morioka Pletlmrn rmVISIO t wing 60'x 60'Moddes TW.o herneemrleiMm weepc.Narum ItislwriWKWAINhoundmIndwl kb nem l rap..DwmNR Aawwa.PE OM 0tbe01e6,11007 1,12" I. pmEWr.tlI.MMrsmtlrpmxen.M.Mpmatagn.alverana, SSNUS&Cpaxt A.Is.a toatssa FFF AAF II L MOT ® I P.IM:UBLImHeV1Y Blurt II.. NOTES.; 1.WHEN USING COMPONENTS AS SHOWN IN STANDARD DETAILS,MAXIMUM ALLOWABLE SPAN BETWEEN SUPPORTS ON A CONTINUOUS SINGLE SECTION OF BRIDGE CHANNEL SHALL BE 9 FEET FOR 10 FEET BRIDGE CHANNEL. 2.WHEN USING COMPONENTS FOR SPLICING BRIDGE CHANNEL SECTIONS,THE SPLICE SHOULD BE PROVIDED AT THE SUPPORT,IF POSSIBLE,OR AT A MAXIMUM OF 2 FEET FROM THE SUPPORT. 3.WHEN USING COMPONENTS,SUPPORT SHOULD BE PROVIDED AS CLOSE AS B POSSIBLE TO THE ENDS OF ICE BRIDGES,WITH A MAXIMUM CANTIUVER DISTANCE OF 2 FEET FROM THE SUPPORT TO THE FREE END OF THE ICE BRIDGE. 4.CUT BRIDGE CHANNEL SECTIONS SHALL HAVE RAW EDGES TREATED WITH A MATERIAL TO RESTORE THESE EDGES TO THE ORIGINAL CHANNEL,OR EQUIVALENT,FINISH. 5.ICE BRIDGES MAY BE CONSTRUCTED WITH COMPONENTS FROM OTHER MANUFACTURERS,PROVIDED THE MANUFACTURER'S INSTALLATION GUIDELINES ARE FOLLOWED. 6.DEVIATIONS FROM STANDARDS FOR COMPONENT INSTALLATIONS ARE PERMITTED WRH THE RESPECTIVE MANUFACTURER'S APPROVAL. 7.DEVIATIONS FROM ICE BRIDGE FOUNDATIONS REQUIRE ENGINEERING APPROVAL. 8.INSTALL DRIP LOOP ON ANTENNA CABLES AT BOTTOM OF TOWER/MONOPOLE. BENDING RADIUS PER MANUFACTURER'S STANDARDS. ICE BRIDGE DETAIL 576 A Nis SO THE,g Q I 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KBA KBA RAE I C CERTIFY THAT THIS PLAN.0Sp aRGT N Owawlrvc rvAME w D oila e+DIREE* SITE No. MPLSMN3593 0 05/25/10 ISSUED FOR CONSTRUCTION KBA KBA RAE 5 O wgNEreT IUNESOT iuWSECrv`Ep Ultel aengineere at&t B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION NBA K. RAE AT MINNE$DTA THE CONSTRUCTION DETAILS 6201 East A 06/29/09 ISSUED FOR REVIEW AND COMMENT KBA KBA RAE S< rnr*IrM ref�"'°' BRYANT LAKE o7/z6/10 „oa311s DATE REVISIONS BY CHK APP'E 41 c m w..ma,-BvatMwr-P...smlPm BLOOMINGTON MINNESOTA SBOSS No. Fe`T DRAWING No. Ev 109.021 SCALE AS NOTED I DESIGNED. RAE (DRAWN: KBA MPLSMN3593-S02 R7 W.cow Ne w.Bom ROBLEY A.EVANS 6 I 6 3 2 I 1 6-0" TELCO NOTES: / �" GENERAL NOTES: 36"x36'HOFFMAN TELCO CABINET 1-ALL WORK SHALL CONFORM TO THE NATIONAL ELECTRICAL CODE,STATE BUILDING CODES AND THE LOCAL BUILDING CODES. 1.QWEST SHALL INSTALL THE BUP-50 OVER THE rW TREATED BACKER BOARD ALL COMPONENTS SHALL BLE U.L.LISTED. CONTRACTOR INSTALLED CONDUITS AND CABLES AND BOLTri. 2-REFER TO SITE LAYOUT PLAN FOR THE EXACT LOCATION OF H-FRAME. REFER TO AT&T STANDARD TO CONTRACTOR SUPPLIED UNISTRUT USING Y."SPRING CONSTRUCTION DRAWINGS FOR H-FRAME COMPLETE DESIGN. NUTS. d o o c o 0 0 0 le e e e 41 3-CONTRACTOR TO COORDINATE WITH LOCAL UTILITY COMPANY FOR METER. 2.OWEST SHALL INSTALL THE NIU INSIDE THE CONTRACTOR SUPPUED AND INSTALLED 36"x36"HOFFMAN TELCO CABINET. 4-CONTRACTOR TO PROVIDE AND INSTALL METER SOCKET. NIU — D 3.QWEST SHALL SPUCE ALL CONNECTIONS AT THE SERVING ® 5-CONTRACTOR TO LOCATE METER RACK TO ENSURE WORKING SPACES REQUIRED BY THE NEC(ART. 110-26),STATE,OR PEDESTAL(MPOP),APOP MID THE NIU. LOCAL CODES ARE MAINTAINED BETWEEN FRONT OF ENCLOSURES AND THE CHAIN LINK FENCE. 4.ALL OTHER ITEMS SHOWN ARE PROVIDED,INSTALLED AND 6-SHOW LOCATION(INCLUDING DIMENSIONS)OF ALL CAPPED UNDERGROUND CONDUIT ON FINAL AS-BUILT DRAWING SPUCED BY THE CONTRACTOR. en NOTE ALL COMPONENTS SUBMITTED TO OWNER. a ON H-FRAME SHALL BE 7-COORDINATE EXACT LOCATION OF UNDERGROUND FEEDERS AND CIRCUITRY WITH THE OWNER. TINNED COPPER GALVANIZED GROUND STRIP 8-CONTRACTOR SHALL COORDINATE EFFORTS WITH(LOCAL, ELECTRICAL)AUTHORITY HAVING JURISDICTION(AHJ)AND OTHER ^ — N TRADES TO DETERMINE"FROST"LINE,AND TYPE(S)OF RACEWAYS REQUIRED FOR INSTALLATION. /l'•%T ELECTRICAL LEGEND TOTAL CONNECTED LOAD _CONTRACTOR TO INSTALL TRANSFER SE SERVICE ENTRANCE SWITCH HAZARD UGHT CONTROLLER 1360 VA ' ••• ••• e e e e e e e e q( GFCI GROUND FAULT CIRCUIT INTERRUPTER GFCI RECEPTACLE 180 VA EG EQUIPMENT GROUND OPTO 22 MONITOR 440 VA \ 13Y" u u u C CONDUIT I/ /1 TOTAL 1980 VA Y."SPRING A [MM•TYP.-\ A ELECTRICAL NOTES: \ ff- - 4-1eece aI I 1.ALL ELECTRICAL WORK SHALL CONFORM TO THE NATIONAL ELECTRIC CODE(EDITION ACCEPTED BY LOCAL JURISDICTION)AND APPLICABLE ' I I LOCAL CODES. C UNISTRUT,TYP._4eeec. T c eec ee eee000IiH \ II\\e e 2.GROUNDING SHALL COMPLY WITH ARTICLE 250 OF THE NATIONAL ELECTRICAL CODE. < BUP-50 E w/ "x16'40"TREATED PLYWOOD 3.ALL ELECTRICAL ITEMS SHALL BE U.L.APPROVED OR LISTED. SKIRT HOOP 2"PVC BACKER BOARD(BY CONTRACTOR) 4'SCH.40 GALS.PIPE,ttP. • a 4.POWER WIRES AND CABLES SHALL BE COPPER WITH TYPE XHHW,THWN,OR THHN INSULATION.SOLID CONDUCTORS FOR#10 AWG AND 'ti , rc E , SMALLER,STRANDED FOR LARGER THAN#10 AWG.MINIMUM SIZE#12 AWG. n E e e O.POWER WIRES AND CABLES SHALL BE INSTALLED IN GALVANIZED RIGID STEEL CONDUIT OR FLEXIBLE UQUIDTIGHT CONDUIT AS INDICATED ON DRAWING. AT IF OWEST IS TO PLACE CABLE—PO - 3"MIN.SCH.40 CONDUIT FROM 6.CONTRACTOR TO OBTAIN ALL PERMITS,PAY PERMIT FEES,AND BE RESPONSIBLE FOR SCHEDULING INSPECTIONS. L - PED.TO BUP TERMINAL(STUB 2" 1 o-e e e e = _ e e e e e e = e e e al ABOVE GRADE:200LB TEST 7.CONTRACTOR TO OBTAIN LOCAL POWER AND TELEPHONE COMPANY APPROVAL AND COORDINATE WITH UTILITY COMPANIES SERVICE I--I I--IIr CALIBRATED PULL STRING SHALL ENTRANCE REQUIREMENTS. II I I I BE PROVIDED WITHIN CONDUIT I B.PROVIDE ALL AU-LABOR AND MATERIAL DESCRIBED ON THIS DRAWING,AND A ITEMS INCIDENTAL TO COMPLETING AND PRESENTING THIS PROJECT AS FULLY OPERATIONAL \ \ ,,III d II I I I I L_-Li1LJJ r •eD F \/\ / /I � A I I ( ) I v I�// ��/ 9.TEST AND VERFY THAT PROVIDE THE IMPEDANCE WIRES, DOES NOT EXCEED 5 CONNECTIONS TO GROUNDSHOWN BYNM GROUNDING EANS OF A BIDDLE IMEGRGER TESTER GROUNDTOR ING //\N /\'IUD I \ \ /' I I I \\/\ OD OTHER GROUNDINGECONDUCTORSI SHALL TESTING H BEL BE COPPEITNESSED BY R ONLY.EITFIERESOUDER'S OR STRANDED COATIVE. NDUCTORSARE PERMITTED.IGR AND ALL EXTERNAL B \) 1 ) 1 1 CONDUCTORS MUST BE BARE.EQUIPMENT GROUND LEADS IN CABLE TRAYS MUST BE GREEN INSULATED.ALL WIRES MUST BE#2 AWG I / I MINIMUM. _TO SERVING • P I h T / A� 1,,, TO TRANSFORMER MPOP(PED.) .o I Ir_ I • ' COPPER 6 STRANDED 1 A e TO EQUIPMENT • < �I I r HORIZONTAL UNISTRUi� 13y" A COPPER AS\_ 2"P/C ,' Ti TO EQUIPMENT " • D 1 14"0 CONC. FOUNDATION^I 12"PVC ~ r D' ` II HOFFMANT CAB. I 1 3'P/C TO SERVNG .I _ II f• O / MPOP(PED.) •1 III GROUND ROD A`// L-J II ' .L-J, TOP OF II D BOP-50 10"MAX. \ L • -1V.. Q----AJ / / UTILITY H—FRAME DETAIL ® SECTION A—A THE Q I 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KEA KBA RUE I L CERTIFY THAT THISSaLrzna AP o 0Sp 5RGT N ORD DRAWING NAME at&t k CEDER P BIRE T 0 05/25/10 ISSUED FOR CONSTTCCIION ERA KRA RAE 5 FE TOLL DOAlERT IVUN ATNILE LLCEIESEn {. SITE No. MPLSMN3593 ` E POWER DISTRIBUTION CENTER =On East UI lei�ei1gINEEI'g B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION RBA KBA RAE UT MINNESOTA A 06/29/09 ISSUED FOR REVIEW AND COMMENT KBA KBA RAE STATE BRYANT LAKE �07/26/10 No43119 Mono:M.671.2000 Fox: DATE REVISIONS BY CHK APP'D 1 G u w er.a-BxxM`.-F.m.s�I /1 Rw BLOOMINGTON MINNESOTA SBOSS No. F�"T DRAWING No. I.:. I09.021 SCALE. AS NOTED IDESIGNED. RAE IDRAwN. PRA MPLSMN3593-S03 1 W. N"w.00m ROBLEY A.EVANS 6 I 4 + 3 2 I 1 ELECTRICAL NOTES: 1. ALL ELECTRICAL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS AND ALL APPLICABLE LOCAL CODES. 2. CONDUIT ROUTINGS ARE SCHEMATIC.SUBCONTRACTOR SHALL INSTALL CONDUITS SO THAT ACCESS TO EQUIPMENT IS NOT BLOCKED. 3. THE SUBCONTRACTOR IS RESPONSIBLE FOR PROPERLY SEQUENCING GROUNDING AND UNDERGROUND CONDUIT INSTALLATION AS TO PREVENT ANY D LOSS OF CONTINUITY IN THE GROUNDING SYSTEM OR DAMAGE TO THE CONDUIT. 4. COMPRESSION GROUND CONNECTIONS MAY BE REPLACED BY EXOTHERMIC (CADWELD)CONNECTIONS. 5. SERVICE TO EQUIPMENT CABINETS SHALL BE 120/240 VAC,200 AMP, 1-PHASE. (FIELD VERIFY EXISTING SERVICE). 6. ALL GROUND CONNECTIONS BELOW GRADE SHALL BE EXOTHERMIC (CADWELD). PROPOSED FENCE 36"0 z 10'-0-COPPER CLAD GROUND ROD 7. ALL GROUND CONNECTIONS ABOVE GRADE(INTERIOR&EXTERIOR)SHALL BE SPACED 1U'MAX. FORMED USING HIGH PRESS CRIMPS. ."`\ 8. ALL EXOTHERMIC CONNECTIONS TO THE GROUND RODS SHALL START AT �` _x, CONNECTION.THE TOP&HAVE A VERTICAL SEPARATION OF 6"FOR EVERY ADDITIONAL Nee _ !1,, 9. ALL EXTERIOR GROUND CONNECTIONS SHALL BE COATED WITH A CORROSION GROUND RING 'P ' - RESISTANT MATERIAL. I 10.ALL EXTERIOR GROUND CONDUCTORS SHALL BE#2 AWG SOLID TINNED COPPER UNLESS OTHERWISE INDICATED. C i. PROPOSED I ' - 11.GROUND RODS SHALL BE COPPER CLAD STEEL,5/8"4 10-FT. LONG. ICE BRIDGE �II11' r+ COIL 12 FE O OF ip2 AWG STRANDED GREEN 12.CONNECTIONS TO THE GROUND BUS SHALL NOT BE DOUBLED UP OR INSULATED TO MGB MONOPOLE STACKED. BACK TO BACK CONNECTIONS ON OPPOSITE SIDES OF THE GROUND RING '--}.I-�la- .I, GROUND BUS ARE PERMITTED.• =_ I 13.USE OF 90'BENDS IN THE PROTECTION GROUNDING CONDUCTORS SHALL PROPOSED 75' • I L I BE AVOIDED WHEN 4IN BENDS CAN BE ADEQUATELY SUPPORTED. IIII14.MAXIMUM RESISTANCE OF THE COMPLETED GROUND SYSTEM SHALL NOT —POSTEALTH MONOPOLE EXCEED 5 OHMS.TESTING SHALL BE PERFORMED IN ACCORDANCE WITH L C i PROJECT SPECIFICATION FOR FACILITY GROUNDING,USING FALL OF • �= - 11!i POTENTIAL METHOD. .. ....`...... 15.SUBCONTRACTOR WILL LOCATE EXISTING UTILITES PRIOR TO DIGGING. PROPOSED 9EETY_ ELECTRICAL SYMBOLS: ABBREVIATIONS: ® e CHEMICAL GROUND ROD AWG AMERICAN WIRE GAUGE ® GROUND ROD BCW BARE COPPER WIRE B EP DISCONNECT SWITCH DWG DRAWING EMT ELECTRICAL METALLIC TUBING GROUNDING PLAN ii M METER GEN GENERATOR IGR INTERIOR GROUND RING(HALO) ® CIRCUIT BREAKER 0 2 4 e IMC INTERMEDIATE METALLIC CONDUIT SCALE:Y�"=1'-0"(®22'z34') ■ CADWELD TYPE CONNECTION MGB MASTER GROUND BAR COMPRESSION TYPE CONNECTION PCS PERSONAL COMMUNICATION SYSTEM •---- GROUNDING WIRE PTS POWER TRANSFER SWITCH PVC RIGID(SCH. 40)POLYVINYL CHLORIDE CONDUIT An -'REPRESENTS DETAIL NUMBER RGS RIGID GALVANIZED STEEL ® --REF. DRAWING NUMBER RWY RACEWAY TYP TYPICAL GEC GROUNDING ELECTRODE CONDUCTOR A QI 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KBA KBA RAE DRAWING NAM[ 0 05/2S/10 ISSUED FOR CONSTRUCTION KBA KBA RAE SITE No. MPLSMN3593 ✓ at&t FOR SCHEMATIC PURPOSES GROUNDING PLAN UIt@I ae�Tl�ineers B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION KB KB RAE ONLY. FINAL DESIGN TO BE MM �M: 6 "'°' BRYANT LAKE A 06/29/09 SUED FOR REVIEW AND COMMENT DNA KBA RAE DETERMINED BY CONTRACTOR DATE REVISIONS BY CHK AWE uwvi.Yno,a--Ldd.MMM,-F�Sm Rw BLOOMINGTON.MINNESOTA 58u5W. No. DRAWING No. ".Ntl1eo.9.021' SCALE' AS NOTED I DESIGNED. RAE (DRAWN. ERA MPLSMN3593-E01 R7 I 4 + 3 I 2 I FINISHED GRADE,AC PAVING MATCH SLOPE AND BACKFILL(SAND THICKNESS OF EXISTING EXISTING UTILITY OR NATIVE SOIL)LA- CONDITIONS TRANSFORMER PER ASTM UNDISTURBED SOIL STANDARDS 1-UTILITY GROUND z COMPACTED 111 SATISFACTORY NEW W/ D NEW 120/240 10 200A I. III III I� NATIVESATISFACTORY TO TELCO II SERVICE LATERAL III III IMPORTED OR 3-1/C 3/0 AWG THWN _ SOIL al.. 2"CONDUIT(NOTE 1) 1 III ,,� I�-�- TAILITY WARNING 'a 1�1011 - L - TAPE Bo UU FACTORY BOND -r I I=1I=I 1= =1I- FOR TRENCHING 2"CONDUIT .1� METER BASE `I I LI7—Tfi I = SEE DETAIL TELEPHONE CONDUIT 325/E02 WHERE APPLICABLE MAIN BONDING COORDINATE SIZE AND *POWER CONDUIT LE •• JUMPER TYPE WITH LOCAL UTIUTY WHERE COORDINATEUSIZE AND 24"z24"x12" (NOTE 3) TYPE WITH LOCAL TELCOELX TELCO BOX ________ *6"MIN. unary (TYP.) *4"MIN TO SECONDARY ELECTRIC :-1-1/C 2 AWG gij DISCONNECT i *12"MIN TO PRIMARY ELECTRIC GROUNDING ELECT 2 AUG ODE *SEPARATION DIMENSION TO BE VERIFIED WITH CONDUCTOR GROUNDING LOCAL UTILITY COMPANY REQUIREMENTS 2"CONDUIT W/ �� 1 CONDTUCTOR 4 PAIR,CAT 5 U1P �_ III JOINT SERVICE TRENCH BURIED CONDUIT W/ SERVICE CONDUCTORS RJ48 PLUGS FOR •��� 3-1/C 3/0 AUGAWG THWN __ ELECT/ TELEPHONE C r TELCO SERVICE 1-1/C#4 AUG THWN 2"CONDUIT(NOTE 1) I �— DETAIL 326 PRIMARY- I SUPPLEMENTAL GROUNDING I GROUNDING NTS E02 r I ELECTRODE I I ELECTRODE 1 1 (NOTE 4) GENERATOR ° RECEPTACLE SSC POWER PANEL I III (NOTE 2) L FACTORY BOND li A II 2341A BITUMINOUS 200A ■ INTERLOCKED MAIN BREAKER AND 6 12"THICK 6" COMPACTED CRUSHED GENERATOR BREAKER STONE SUBBASE MI IVSS DETAL 1015/E04 / FINISHED (NOTE 6) I 0 GRADE ASPHALT ASPHALT PATCH I1 THICKNESS TO MATCH -•• 2 PAIR,CAT 5 CABLE v, EXISTING(2"MIN) SAWCUT (SEE DETAIL 1016/E04) p NEUTRAL BUS NOTES: SAWCUT , B SUBCONTRACTOR TO o U 1 MI 11,1 1 MAY REQUIRE ADJIUSTMENTOTO TCOOMPENSATE FORITCHANGESMR N ,. ••••• —_ INSTALL(1)15 AMPGALENGTH WHICH AFFECL TS VOLTAGE DROP D TO THE EQUIPMETENET.S •"'0"li-• •• ••• -IzI BREAKER FOR ~ (300'MAX. FROM LOAD TO TRANSFORMER) 1IIITI_ 5'-0" 5'-O" 1_1 TOWER LIGHTING A 2.SSC POWER PANEL IS PROVIDED AS PART OF THE SSC. INTERNAL COMPACTED t- II jI -�T 1 WIRING OF SSC IS SHOWN FOR ILLUSTRATIVE PURPOSES ONLY AND ACKEL w/ 'I II SATISFACTORY B N O MAY VARY ACCORDING TO MANUFACTURER. NATIVE OR ICI %% Ir VERTICAL(MAX) IMPORTED SOIL i1�vL II 3.SUBCONTRACTOR SHALL VERIFY THAT THE MAIN BONDING -_ DEPTH w/ ----- GROUND JUMPER IS INSTALLED PROPERLY. a OUT SHORING LBUS TYPICAL PIPES 4.SUPPLEMENTAL GROUNDING ELECTRODE SHALL BE PROVIDED OR CONDUITS MI PER NEC CODE REQUIREMENTS. BEDDING(SAND OR TRENCH AS SHOWN 5.SSC AC PANEL IS RATED AS SERVICE ENTRANCE EQUIPMENT. NATIVE SOIL)PER ON PLANS SINGLE LINE DIAGRAM FOR SINGLE TENANT 6.SUBCONTRACTOR SHALL FURNISH AND INSTALL T1 SURGE ASTM STANDARDS DEVICES INR TO 120/240 200A 10 SERVICE WITH EXTERNAL DISCONNECT BOND ON SURGE PROTECTION TOP DEVICEOF$SC.DN RAILOTO TTHETENCLOSURE WITH 6 AWG INSULATED WIRE(REFERENCE STANDARD DETAIL NO. 1015) DETAIL '30: DETAIL 325 NTS E02 7. INSTALL T1 SURGE SUPPRESSOR IN TOP OF SSC IN FRONT LEFT COVER. E02 DRAWING NAME I 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KBA KBA RAE Q 0 05/2S/10 ISSUED FOR CONSTRUCTION KEN ERA RAE {. SITE No. MPLSMN3593 ✓ at&t FOR SCHEMATIC PURPOSES ONE-LINE DIAGRAM&DETAILS 6201 EastUI lei�eDgINEEI'g B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION EMS EGO RAE ONLY. FINAL DESIGN TO BE �..:MI 6 ;"'°'Min BRYANT LAKE A 06/29/09 ISSUED FOR REVIEW AND COMMENT ERA KBA RAE DETERMINED BY CONTRACTOR Mono:M.671.2000 Fax: DATE REVISIONS BY COP AWE uwvA B'n�N-MMW-F�wsm R6 BLOOMINGTON.MINNESOTA 55u5 No. DRAWING No. I... W.L11.0.Ntl.09.02"'172 SCALE' AS NOTED I DESIGNED. RAE (DRAWN. HBO MPLSMN3593-E02 1 6 I 6 3 2 I 1 GRADE ® 6 © 4 OR 6 AWG STRANDED Cu A /12°TO 24" y'/may'/,(�5' /� WIRE \ 1' 0 7/i6 i/_.3/ //o DARN INSULATION'60aV• 2 0 \T o ° o ° o ANTENNA CABLE o ° I I I I II I < CADWELD "� ol.o °jo © .,. ON C ®o ° SEE DETAIL 508A/E03 WALOLU,NFDLOOR OR WEATHERPROOFING KIT t/ ON ANTENNA TOWER D (SEE NOTE 3) LEGEND ' ' ' ' ' ' I CABLE GROUND En- #6 1— COPPER GROUND BAR,Y'7(4"X 20",NEWTON INSTRUMENT CO. RING GROUND CAT.N0. OR EQUAL. HOLE CENTER$ B MATCH WILL PI I� AWG STRANDED COPPER GROUND #2 AWG BCW DOUBLE LUG CONFIGURATION.(ACTUAL GROUND BAR SIZE WILL 0^O-O O 0 0 WIRE(GROUNDED TO GROUND BAR) SOLID,TINNED VARY BASED ON NUMBER OF GROUND CONNECTIONS) '°°"..' I'°°"°°' (SEE NOTE I&2) 2- INSULATORS,NEWTON INSTRUMENT CAT.NO.3061-4 OR EQUAL O 6060- 1'60 V CONNECTION OF CABLE GROUND KIT TO ANTENNA 3- 5/8"LOCKWASHERS,NEWTON INSTRUMENT CO. CABLE GROUND ROD COPPER CLAD CAT.NO.3015-8 OR EQUAL STEEL 5/8"0x 4- WALL MOUNTING BRACKET,NEWTON INSTRUMENT CO. #2 AWG SOUR BARE TINNED NO - 10'-0"LONG CAT NO.A-6056 OR EQUAL COPPER GROUND CONDUCTOR. 1.DO NOT INSTALL CABLE GROUND KIT AT A BEND AND ALWAYS DIRECT EXOTHERMIC WELD TO BURIED GROUND WIRE DOWN TO GROUND BAR. 5- 5/8-11 X 1-HHCS BOLTS,NEWTON INSTRUMENT CO. GROUND RING AND GROUND BAR CAT NO.3012-1 OR EQUAL 2.GROUNDING KIT SHALL BE TYPE AND PART NUMBER AS SUPPLIED OR RECOMMENDED BY CABLE MANUFACTURER. 6- INSULATORS SHALL BE ELIMINATED WHEN BONDING DIRECTLY TO TOWER/MONOPOLE STRUCTURE.CONNECTION TO TOWER/MONOPOLE 3.WEATHER PROOFING SHALL BE TWO-PART TAPE KIT,COLD SHRINK SHALL STRUCTURE SHALL BE PER MANUFACTURERS RECOMMENDATIONS. INSTALLATION OF GROUND WIRE TO NOT BE USED. GROUND ROD DETAIL 13A GROUND BAR DETAIL GROUND BAR C NTS E03 DTETAIL 503 DETAIL 509 DETAIL 08A NS E03 NTS E03 NTS E03 NOTES' 1.DO NOT INSTALL CABLE GROUND KIT AT A BEND AND ALWAYS DIRECT GROUND WIRE DOWN TO ANTENNA GROUND BAR. 2.WEATHER PROOFING SHALL BE TWO-PART TAPE KIT,COLD SHRINK SHALL NOTTBE #6 AWG,JUMPER OF ANTENNA CABLE GROUNDING CADWFI A T:f1NNF(:'f1f1NS BURNDY(:(TNNF(:TITINS BE USED. KIT INSIDE THE CABLE TRAY OR APPROVED EQUAL OR APPROVED EQUAL TO ANTENNAS (TYP.)AND ANTENNA SUPPORT OR AIR TERMINAL WEATHERPROOFING (IF APPLICABLE) LUG TYP. . KIT(TYP.) ( ) LUG ��.... / a o COAX JUMPER GROUND GROUND KIT(TYP) , , ,,I. PARALLEL HORIZONTAL CONDUCTORS HORIZONTAL STEEL SURFACE BOND JUMPER (TYP.) PARALLEL THROUGH CONNECTION TO FLAT STEEL SURFACE FlELD FABRICATED II OF HORIZONTAL CABLES OR HORIZONTAL PIPE GREEN STRANDED INSULATED IM = #2 AWG TYPE PT TYPE HS TYPE 2-YA-2 L.: CONNECTOR STRANDED, — WEATHERPROOFING #6 AWG INSULATED .. KIT(TYP.) GROUNDING BAR, D IHOUT LC VIEW OF l pam, SEE NOTE 2 ANTENNA GROUND BAR, INSULATORS,MOUNTED CABLE TRAY OR o ANTENNA CABLE TO MOUNTED NEAR/BELOW OUTSIDE OF CABLE TRAY COAX BRIDGE BTS EQUIPMENT(TYP) ANTENNA KIT w #2 AWG STRANDED, THROUGH CABLE TO GROUND ROD VERTICAL STEEL SURFACE COPPER IIK.c FROM ANTENNA INSULATED TO MGB THROUGH CABLE TO TOP CABLE DOWN AT 45'TO VERTICAL TWO HOLE—LONG BARREL LENGTH FRAME SUPPORT OF GROUND ROD STEEL SURFACE INCLUDING PIPE OR ANTENNA MAST TYPE GT TYPE VS TYPE YA-2 FROM ANTENNA IN AWG DTBONDED, .III MAST AIR TERMINALS #2 AWG INSULATED BONDED TO GROUND WIRE ALONG f. (WHEN REQUIRED) STRANDED,INSULATED CABLE TRAY TO MGB GROUND BAR MOUNTED ON CABLE TRAY CONNECTION OF GROUND WIRE TO GROUND BAR. ROOFTOP U VERTICAL PIPE CABLE DOVE AT L5'TO RANGE Of VERTICAL PIPES TYPE VS DETAIL DETAIL 523 A NTS NTS E03 DRAWING NAM[ I 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KBA KBA RAE Q 0 05/25/10 ISSUED FOR CONSTRUCTION EBA ERA ROE {. SITE No. MPLSMN3593 *at&t FOR SCHEMATIC PURPOSES GROUNDING DETAILS mon EastUI lei�eBgIREEFg B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION ERA ERA RAE ONLY. FINAL DESIGN TO BE n.sp,I:MI 6 ;"'°'MIn BRYANT LAKE A 06/29/09 ISSUED FOR REVIEW AND COMMENT KBA KBA RAE DETERMINED BY CONTRACTOR Mono:M.671.2000 Fax: DATE REVISIONS BY CON APP'C uwvi.Yn�a--Ddd.MMM°-Rxp9°u R u5 88 4300 MARKET POINTE DRIVE.SUITE 3. No. DRAWING No. """''tl1IQ.WN' SCALE as NOTED DESIGNED. RAE 'DRAWN: HBO MPLSMN3593-E03 R BLOOMINGTON.MINNESOTA 55 1 Lao0.NB No..BB.02I,Y 6 I 4 3 2 I 1 TO RADIO CABINET VENDOR CDS DATACOM INC. (NOKIA/ERICSSON) T1-SURGE SUPPRESSOR 214-340-9199 ATLANTIC SCIENTIFIC NO. INDOOR DOUBLE ENDED P#CO0411467-010 90700 I- PORT MARKED DIN RAIL "PROTECTED" ATLANTIC RJ48(TYP) SCIENTIFIC 21607 XXX=LENGTH IN FEET D PLASTIC (SEE NOTE 1) IIIIIII NOTCH RING TONGUE I•,•BBTI "'-. TX "STRNOHT 1/ COMPRESSION THROUGH TERMINAL CABLE (FUTURE (SEE NOTE 2) RX CONFIGURATION" BATTERY DC POWER GSM CABINET GSM CABINET UMTS CABINET BACKUP) CABINET (INSTALL AND LEAVE 6 RF LABEL JUMPERS) RJ48C CONNECTOR PIN ASSIGNMENT 8 PIN CONNECTOR #6 AWG STRANDED CU, 18"GROUND PIGTAIL PORT MARKED THHN GREEN INSULATED NMIESi (GND 0 BTS GARNET ONLY BY BIN VENDOR) L "UNPROTECTED" GROUND WIRE BONDED TO 7,CABLE IS A NOKIA SPECIFIC DESIGN.BRING IS UNIQUE AND SHALL BE USED FOR RJ48(TYP) MGB OR GROUNDED ENCLOSURE NOKIAULTRASffE INSTALLATIONS ONLY. 2"FLEX CONDUIT AC POWER NOTE 1 • TO TELCO 2.SELECTED CABLE MUST BE FROM A VENDOR USTED IN THE ABOVE TABLE 3"FLEX CONDUIT DC POWER(NOTE 2) NOTES: NIU (NO SUBSTITUTIONS ARE PERMITTED) 1.MOUNT SURGE ARRESTOR ON EXISTING DIN RAIL IF AVAILABLE, 3.DOUBLE ENDED CABLES ARE STANDARD.SINGLE ENDED OPTIONAL TO MEET UNIQUE 2"FLEX CONDUIT ALARM T1 NOTE 3 OTHERWISE PROVIDE ATLANTIC SCIENTIFIC MODEL NO.21605,5-INCH SITE REQUIREMENTS. 4-UNIT DIN RAIL,OR EQUAL,AND SECURELY MOUNT TO TELCO NOTE 1 - 15 AMP 110VAC CIRCUIT 8 AWG(BOTTOM OF UMTS) C BOARD. 4.CABLE IS A STRAIGHT-THROUGH WITH IDENTICAL CONNECTOR PIN-OUT ON BOTH NOTE 2-INSTALL 8#1 AWG POWER CABLES(3 RED,3 BLACK) ENDS. NOTE 3-LEAVE(2)PULL STRINGS(TO TOP OF UNTS) 2.ATTACH GROUND WIRE TO THE DIN RAIL SEPARATELY FROM THE RAIL 5.CABLE END wDH 18"GROUND PIGTAIL SHALL BE INSTALLED AT NOKIA BTS. NOTE 4-UMTS CABINET MAY NOT BE ON SITE BUT DROPS/CONDURS SHALL STILL BE INSTALLED. MOUNTING HARDWARE,USING STAINLESS STEEL BOLT,LOCKING WASHER AND DIN RAIL.OR SELF-TAPPING MACHINE SCREW THAT FIRMLY GRIPS THE CONTRACTOR INSTALLED FLEX CONDUIT DETAIL 3.TYSS MAY BE ORIENTED TO SUIT SITE REQUIREMENTS. DETAIL T1 SURGE SUPPRESSOR T1 CABLE AND CONNECTOR PIN-OUT DETAIL 101 DETAIL 016 I- NTS E04 E04 / c ? FITS _p RING GROUND#2 _ „, AWG SOLID BCW CADWELD B SEE NOTE • CADW 1 1 &29zz (TSP.) D #2 AWG EM n7 CABLE TO SOLID BCW CABLE CADWELD NOTES: I.GATE JUMPER SHALL BE#4/0 AWG WELDING CABLE OR FLEXIBLE COPPER BRAID BURNDY TYPE B WITH SLEEVES ON EACH END DESIGNED FOR EXOTHERMIC WELDING. VFRTICAL POST CONNFCTFD TO RING 2.GATE JUMPER SHALL BE INSTALLED SO THAT IT WILL NOT BE SUBJECTED NOTE: TO DAMAGING STRAIN WHEN GATE IS FULLY OPEN IN EITHER DIRECTION. 1.VERTICAL POSTS SHALL BE BONDED TO THE RING AT EACH CORNER.AS A MINIMUM ONE VERTICAL POST SHALL BE BONDED TO THE GROUND RING IN EVERY 100 FOOT STRAIGHT RUN OF FENCE. FENCE GATE GROUNDING FENCE GROUNDING DETAIL 501 DETAIL 502 A E04 NTS E04 DRAWING NAM[ I 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KBA KBA RAE Q at&t0 05/25/10 ISSUED FOR CONSTRUCRON ENS KBA ROE UI{. SITE No. MPLSMN3593 FOR SCHEMATIC PURPOSES GROUNDING DETAILS lel UengINEEPg B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION ABA KRA RAE ONLY. FINAL DESIGN TO BE 6201 East.�M:MI 6 ;"'°'Min BRYANT LAKE A O6/29/09 ISSUED FOR REVIEW AND COMMENT KBE KBA RAE DETERMINED BY CONTRACTOR Mono:763.671.2000 Fax: DATE REVISIONS BY CHK APP'C uwvi.Yn�a-urllb-F�Sm R No. DRAWING NO. R BLOOMINGTON.MINNESOTA BBOSS Wobc LNYOJob"""Ntlo.AWNA"' SCALE: AS NOTED I DESIGNED. RAE (DRAWN. HBO MPLSMN3593-E04 1 6 I 4 3 I 2 I 1 GPS/BCCH Q GPS/BCCH ANTENNA BILL OF MATERIALS ANTENNA CELL ITEM DESCRIPTION CITY PART NO A (NOTE 9) GPS 3A SURGE ARRESTOR W/GAS CAPSULE 1 H&S 3402.17.0070 2"NOMINAL DIAMETER O® N -N O 3B SURGE ARRESTOR 1 H&S 3403.17.0045 (2.375"ACT.O.D.)X 2'-0-MAX. 4A GPS/BCCH ANTENNA 1 KATHREIN SCHEDULE 40 RIGID GALVANIZED STEEL PIPE (0G-860/1920/GPS-A) D (NOTE 7) 1 TO 30 AMP TERMINALS OR HUGER-SUHNER `T., IN TOP OF NOKIA NUSS (1399.77.0035) GROUND CLAMP (NOTE 7&8) 5 1/2"COAX CABLE ANDREW LDF4-50A To VALMONT MICROFLECT 1930 6 1/2"N-MALE CABLE CONNECTOR 4 ANDREW L4PNM-RC UNIVERSAL PIPE ADAPTER KIT BTS 8 COAX JUMPER,WLS TO GSM 12 LMR240/16TNC/16SMA/15FT PART Na B1534 OR EQUALIII 1E 2 1/C-10AWG (NOTE 7) � 1/2" C TO ■ MULTICOUPLER PORTS(NOTE 11) OR LMR240/16TNC/11N/15FT RI-I� N 9 COAX JUMPER,WLS TO GPS/BCCH 2 MR2AX/16TNC/11N/10Ff 850 EXISTING ICE BRIDGE POST BIB SURGE ARRESTOR OR SIMILAR POST. IF NEW POST COAX GROUNDING KITS REQUIRED WHEN 10 WLS 1 FURNISHED BY ANDREWS IS REQUIRED,SEE DETAIL 820 GPS/BCCH ANTENNA IS MOUNTED FROM TELCO NIU 11 WLS POWER CORD 1 G15A0497-1-40 FOR POST AND FOUNDATION ON THE TOWER 11. O 12 WAN CABLE FOR KENTROX DSU 1 G15A0595-06 GPS/BCCH MAST GROUND KIT _ 24 14 DSU-DUAL PORT 1 KENTROX 72765 (EXOTHERMIC CONNECTION) 1 - 17 5A FUSE 1 BUSSMAN GMT-5A(FURNISHED BY 1Cri SUBCONTRACTOR) lip SEE DETAIL 18 10A FUSE 1 BU55MAN GMT-10A(FURNISHED BY 22 SUBCONTRACTOR) N i 19 TELCO RACK(7'TALL,19"WIDE) 1 CHATSSWORTH PRODUCTS(46353-503) C NOTES: )73Nrvss 20 GMT FUSE PANEL 1 HENDRY 20HPGMT10-5R 1. LOCATION OF ANTENNA MUST HAVE CLEAR VIEW OF SOUTHERN SKY O 9 21 MARINE GRADE ADHESIVE LINED, 2 ANCOR MARINE PRODUCTS AND CANNOT HAVE ANY BLOCKAGES EXCEEDING 25%OF THE SURFACE HEAVY WALL,1"SHRINK TUBING 327106(FURNISHED BY AREA OF A HEMISPHERE AROUND THE GPO ANTENNA. I N "3A 1 7 SUBCONTRACTOR) 2. ALL GPS ANTENNA LOCATIONS MUST BE ABLE TO RECEIVE CLEAR i 22 CAT SE CABLE RJ48 PLUG 1 KENTROX 93010-151 SIGNALS FROM A MINIMUM OF FOUR(4)SATELLITES FOR 15 MINUTES. VERIFY WITH HANDHELD GPS BEFORE FINAL LOCATION OF GPS 48VDC FUSE PANEL TO DB15F ANTENNA. 23 ADAPTOR DB15M TO RJ48 PLUG 1 KENTROX 77892 3. THE WEIGHT OF THE ANTENNA MOUNT IS 6.5 LBS. 24 CAT SE CABLE RJ48 TO RJ48 1 CDS DATACOM L 4. EITHER ICE BRIDGE OR SIMILAR POST OR ANTENNA MOUNT PIPE OR (0i)-) 5A (*O WDH 8"GROUND PIGTAIL C00411467-015 q ANTENNA MUST BE GROUNDED.GROUND WITH 2 AWG TINNED BARE MOUNT ON TELCO RACKQ 25 COMBINER 1 FURNISHED BY ANDREWS j COPPER WIRE EXOTHERMICALLY BONDED TO POST OR PIPE AND BLACK RED 1 CONNECTED TO GROUND RING. BURNDY TYPE GAR3903 OR GROUND CLAMP MAY BE USED FOR ANTENNA PIPE CONNECTION. 11 I 26 COAX JUMPER,COMBINER TO WLS 6 LMR240/i 6TNC/16TNC/2Ff -BOB 5.SUBCONTRACTOR TO COLOR CODE BOTH ENDS OF COAX, 25 1900 IN AI IN Al SINGLE GRAY BAND FOR GPS, DOUBLE GRAY BANDS FOR CELL. r 800IN A2 F-I 6.USE ANDREW CONNECTORS ONLY = 1900IN A2 ■ ALL MATERIALS ON THE ABOVE TABLE WILL BE FURNISHED TO THE SUBCONTRACTOR UNLESS OTHERWISE NOTED. 7.GROUND ANTENNA MOUNTING PIPE WHEN ATTACHED TO A 26 ■B1 OUT 800IN B1 •--.1 NON-GROUNDED SURFACE.GROUND CLAMP IS NOT REQUIRED WHEN 0 ■C10UT 1900INB1 - B USING HUBER-SUHNER ANTENNA. —•A2our 800181E12 E--I 8.GROUND CONNECTION (1 1/C 6AWG)GROUND CONNECTION REQUIRED �B20UT 19001NEE • 1 FOR HUBER-SUHNER ANTENNA. C2 OUT 8001N C1 9.LABELED"GSM"ON HUBER-SUHNER ANTENNA 19001NC1 1 10.VERIFY UTDA(SMA CONNECTOR)OR UTNA(N CONNECTOR)TO BE 8001NC2 �-J INSTALLED. TNCA'TNC •• 19001N C2 • 11.GPS/BCCH COAXIAL CABLE SIZE REQUIREMENT IS DETERMINED BY GSM GPS DC 1 2 3 5 6 7 V 35 0 CABLE LENGTH,AS FOLLOWS: WLS SERIAL LDF4-50A(1/2-INCH) UP TO 200' I RAN LDF5-50A(7/8-INCH) UP TO 400' U LDF6-50(1 1/4-INCH)UP TO 500' MOUNT ON TELCO RACK VXL7 - 50(1 5/8-INCH)UP TO 700' 1¢ NOTE: FOR 7/8"AND LARGER DIA CABLE, is USE 6'JUMPERS AT 1/2"DIA. • (+) DATA PORT 2 1 12. COLOR CODE LMR CABLES TO MATCH MAIN COAXIAL CABLES. DSU 2 (_) -I TERMINAL NETWORK — 1_ ® Y 1 A J DRAWING NAM[ I 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KDA KBA RAE Q 0 05/2S/10 ISSUED FOR CONSTRUCTION KBA KBA RAE SITE No. MPLSMN3593 ✓ at&t FOR SCHEMATIC PURPOSES E911 ANTENNA DETAIL&SCHEMATIC Ultel aenglneers B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION RBA KB RAE ONLY. FINAL DESIGN TO BE 6201�..:MI 6 ;"'°'Min BRYANT LAKE A 06/29/09 ISSUED FOR REVIEW AND COMMENT DNA KBA RAE DETERMINED BY CONTRACTOR DATE REVISIONS BY CHK APP'C uw•vie'nea-Ldd.MMM•-Mro 9•u R6 BLOOMINGTON.MINNESOTA 55 No. DRAWING No. W.".No.0O.°'"' SCALE' AS NOTED I DESIGNED. RAE ID. PTA MPLSMN3593-E05 R EV u5 1 6 I 2 3 2 I 1 Site Information Location information Minneapolis IN RF Configuration AddressSite Name Bryant Lake 13900 'aATT Site ID Dual Band 850/1900 C Candidate Info MPLSMN3593 oofEdenrNBme County.State,Zip Hennepin,MN 55346 UMTS/GSM RXITX-2 Dual band Cross Pol with 4 Feedlines D Epuipment nesigo Information I BTS Tyne Irv...Ox.aS,tHALU Node H Outdoor/IndoorPSAP Name eHeDat° Mil GSM esD�UMTS SSD I N�6e° Height TI an Structure I Bta am toweracernent lStare xe,eht)0) 00001 NEW Phase AMSL F ICSMa50 IH0D.2q+BC.DND Antenna View is from Position i - back of 1s00 wan. a 1900 GSM ntennas 72fl Rad • Antenna Tyne Anti An. Ant.3 Ants Anti Ante 850 GSM Antenna TR. dual band Antenna Model a)re RAz RA2 RA Q RA Antenna Cain er(a) h re — H — NEW RadCenAntenna Antenna Mect Position 2 65fl Rad 244(a„em)TM a6(m asm) 46(m au0) a6(D) aw0) ® ® 1900 SPARE • Dr• ab 850 UMTS C61 a(RH ve v(a 7/8 pis va p(s Jump(n)LOW Jump OH UP Andrew 1900 with HA(¢Fi) 2 2 2 850 bypass TMA 1-_I 1 I C iu fry. Hr uH Hr uH ^'] me(ow) mo(m3aeb -ece -DCBC13.1r-De-9-Dce CBcs - -Drscecsl9-DFaDCB CBCe -DCsecsl9-De-9DCB ceA• pads coo z z z • HKid Dlplexer Dlplexer w HMI'S Channels o 0 0 — — HO II na Type mre dpoi wnt3 wu ET wnt3 a.ta ET wnt3 w°tw IDip erl Diplexer 'TMA,BIAS-T 8' q• Tyne dual hand dual hand dual band ntae I = = I RET ARE a<am) I I 'OMITTED FORT Antenna Bann, ' SIMPLICITY. 1 pr2 GSM • mr(n)w,ath I = = ITx,1 UMTS Tx ante(dBm) Mechani al JO(dBm)°• ran 42(4) 42(4) 42)4) 42(4) e2(4) 42(4) I Diplexer Diplexer L——7! • a(m) .°°Ism ,°°Ism .°°Ism ,°°Ism .°°Ism ,°°Ism I I Ch0P(0)LOW I I FINAL w ' B (ft)UP xA(Otr) I I EQUIPMENT CONFIG DIP IR.(C.r) I I BASED ON I MCPA(ar) I R R R R R R I CML woc(M0) I Tx/Rx ROD RxD Tx/Rx Tx/Poo ROD I ANALYSIS/ I LOCAL CID id z 2 2 I GSM 1900 GSM 850 UMTS 850 I MARKET FEEDBACK n uMTs cnan°e6Utilize 6 dual band)4pol remote electrical tilt(2 per sector)with RETs.12 coax runs using Andrew OVA(7/e')coax.Pease Install 18 diplexere(B on I a.also install 6 r sector,Andrew 1.00 with 850 Please install a Cnmmenta. Node B es site s in the Phase HA n GSM will Schooka the antennae on.Initial hardware configuration=2-2-2 theI and UMTS will be hookedo p t the antennas at the I I second level. pre p PPL COAX. CABLE LENGTHS (APPROX.) • ALPHA = 95'3 BETA = 95'± GAMMA = 95'± DRAWING NAM[ 4C.;;'1 I 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KBA KBA RAE UI{. SITE No. MPLSMN3593 at&t 0 05/2S/10 ISSUED FOR CONSTRUCTION KBA KBA RAE RF DATA SHEET leI�eilglEErg B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION Kfl4 KBA RAE ��M:td 099"'ae BRYANT LAKE A 06/29/09 ISSUED FOR REVIEW AND COMMENT KBA KBA RAE DATE REVISIONS BY CHK APP'C lauvn.anaa--mMMMr-Fa•Sm Rn No. DRAWING No. R BLOOMINGTON.MINNESOTA 56.5 W."ob Ne..moon SCALE, AS NOTED I DESIGNED: RAE IDRAwN. KBA MPLSMN3593-N01 1 6 I I 6 3 I 2 I SECTOR GENERAL NOTES: ANTENNA 1. SECTOR ORIENTATION/AZIMUTH WILL VARY FROM REGION TO REGION AND IS SITE SPECIFIC, REFER TO ANTENNA DESIGN SHEET FOR EACH SITE TO DETERMINE THE ANTENNA LOCATION AND FUNCTION OF EACH TOWER SECTOR FACE. 0 D SECTORIZED EXAMPLE: 2. THE STANDARD IS BASED ON NINE COLORED TAPES—WHITE, RED, YELLOW, VIOLET, GREEN, BLUE, AND BROWN, TOP JUMPER CABLE Al ORANGE AND GREY. THESE TAPES SHOULD BE READILY AVAILABLE TO THE ELECTRICIAN OR CONTRACTOR ON SITE. I (TYP.) GAMMA C OR#3 ALPHA A OR#1 RF CABLES RF CABLES 3. USING COLOR BANDS ON THE CABLES, MARK ALL RF CABLE BY SECTOR#, ANTENNA#, ANTENNA PORT, AND FREQUENCY BAND I Cl THRU C8 Al THRU A8 AS SHOWN ON "CABLE MARKING COLOR CONVENTION TABLE". III MHA WHERE REQ'D AS NEEDED AS NEEDED 4. WHEN AN EXISTING COAXIAL LINE THAT IS INTENDED TO BE A SHARED LINE BETWEEN GSM/3G AND IS 136/TDMA IS ENCOUNTERED, THE CONTRACTOR IS TO REMOVE THE EXISTING COLOR CODING SCHEME AND REPLACE IT WITH Cl THE COLOR CODING AND TAGGING STANDARD THAT IS OUTLINED IN THIS GUIDLI NE. IN THE ABSENCE OF AN OF AN EXISTING COLOR CODING AND TAGGING SCHEME, OR WHEN INSTALLING NEW COAXIAL CABLES, THIS GUIDELINE IS TO BE IMPLEMENTED AT THAT SITE REGARDLESS OF TECHNOLOGY. MHA JUMPER CABLE Bl (WHERE REQ'D) BETA B OR 2 5. ALL COLOR CODE TAPE SHALL BE 3M-35 AND SHALL BE INSTALLED USING A MINIMUM OF (3) WRAPS OF TAPE RF CABLES AND SHALL BE NEATLY TRIMMED AND SMOOTHED SO AS TO AVOID UNRAVELING. B1 THRU B8 6. ALL COLOR BANDS INSTALLED ON THE TOWER TOP SHALL BE A MINIMUM OF 3"WIDE AND SHALL HAVE A © AS NEEDED MINIMUM 3/4" OF SPACE BETWEEN EACH COLOR. MAIN COAX(TYP.) 7. ALL COLOR BANDS SHALL BE INSTALLED AT OR NEAR THE GROUND AND SHALL BE A MINIMUM OF 3/4" WIDE. C 8. ALL COLOR CODES SHALL BE INSTALLED SO AS TO ALIGN NEATLY WITH ONE ANOTHER FROM SIDE TO SIDE. I TOWER PLAN VIEW GROUND SHELTER KIT(TYP.) NE: IF EXISTING CABLES AT THE SITE ALREADY HAVE A COLOR CODING SCHEME AND THEY ARE NOT INTENDED � NEE; TO BE REUSED OR SHARED WITH THE GSM TECHNOLOGY, \ THEN THE EXISTING COLOR CODING SCHEME MAY REMAIN t UNTOUCHED. L I ALL RF CABLE SHALL BE MARKED AS PER CABLE MARKING LOCATIONS TABLE BELOW: CABLE MARKING LOCATIONS TABLE 1 0 I CABLE MARKING LOCATIONS TABLE CABLE Al CABLE A2 CABLE A3 CABLE A4 No. TAPE TAG LOCATIONS SECTOR ALPHA, A, X ONE TWO THREE FOUR © 1 X EACH TOP JUMPER WILL BE COLOR CODED WITH ONE SET OF BANDS. RED RED RED RED CABLE Al CABLE A2 CABLE A3 CABLE A4 III BIAS—T WHERE EACH MAIN COAX SHALL BE COLOR CODED WITH (1) SET OF BANDS B SECTOR I REQ'D NEAR THE TOP JUMPER CONNECTION WITH (1) SET OF 3/4"WIDE BETA, B, Y ONE TWO THREE FOUR 2. X WHITE WHITE WHITE WHITE I COLOR BANDS JUST PRIOR TO ENTERING THE BTS OR TRANSMITTER CABLE Al CABLE A2 CABLE A3 CABLE A4 BUILDING. SECTOR BTS ALL BOTTOM JUMPERS SHALL BE COLOR CODED WITH (1)SET OF GAMMA, C, Z ONE TWO THREE FOUR EQUIPMENT 3. X 3/4"WIDE BANDS ON EACH END OF BOTTOM JUMPER. BLUE BLUE BLUE BLUE CABLE MARKING LOCATIONS DIAGRAM & COAX COLOR CODE IDENTIFICATION DETAIL A DRAWING NAME ��/ ���vJ1�1 I 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KBA KBA RAE UI{. SITE No. MPLSMN3593 at&t 0 05/25/10 ISSUED FOR CONSTRUCTION KBA KBA RAE COAX LABELING lei�ei1gINEEI'g B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION DNA EGO RAE 6201 East"..M BRYANT 6 ;"'°'Min BRYANT LAKE A 06/29/09 ISSUED FOR REVIEW AND COMMENT DNA KBA RAE Mono:763.671.2000 Fax: DATE REVISIONS BY CHK AWE u�,vA,.Yn�a--mMMM,-Amsm Rw BLOOMINGTON.MINNESOTA BSOSS No. DRAWING No. R ".No.09.021' SCALE' AS NOTED IDESIGNED. RAE 'DRAWN. KBA MPLSMN3593-NO2 1 W.vErm"BB.�m 6 I 6 3 2 I NOTES: (INSTALL FENCING PER ASTM F-567,SWING GATES PER ASTM F-900) 1.GATE POST,CORNER,TERMINAL OR PULL POST SHALL BE 2 7/8"0 . �4 ��,����������� SCHEDULE 40 FOR GATE WIDTHS UP THROUGH 6 FEET OR 12 FEET FOR ������4 LA� AA 1����� BARBED WIRE- DOUBLE SWING GATE PER ASTM-F1063. ������� ������������� INSTALL IF REQUIRED ♦�•�•••�♦�` � .,•�•�♦�♦�♦�♦� 2.LINE POST:2-3/8'0 SCHEDULE 40 PIPE PER ASTM-F1083. ����������`♦.�I� . �•I������������� ' /��������� 2"x2"FENCE } p 3.GATE FRAME:1 1/2"0 SCHEDULE 40 PIPE PER ASTM-F1083. ������������� ����������`♦:�:�: FABRIC 9 GUAGE D 4.TOP RAIL&BRACE RAIL 1 1/4"0 SCHEDULE 40 PIPE PER ������� ASTM-F1083. rill 4"x6"HFNDHOLD .. TOP RAIL 5.FABRIC:11 GA CORE WIRE SIZE 2"MESH,CONFORMING TO ASTM-A392 *,* ♦•CUSS 1. +BOTTOM UNE POSTN �::: 3/8"STEEL CHAIN TENSION WIRE 6.TIE WIRE:MINIMUM 11 GA.GALVANIZED STEEL INSTALL A SINGLE WRAP +'♦TIE WIRE AT POSTS AND RAILS AT MAX.24"INTERVALS.INSTALL HOG ��RINGS ON TENSION WIRE AT 24"INTERVALS. ������ � � ���� ���� COMBINATION LOCK 7.TENSION WIRE:7 GA.GALVANIZED STEEL. ��� �1 ��•I�����♦� ♦♦♦♦♦♦��♦ ! am 1 i� / ��'II������ • 8.BARBED WIRE 3 STRANDS OF DOUBLE STRAND 12-1/2 GAUGE TWISTED �=. �`.` ������������ WIRE,4 PT.BARBS SPACED ON APPROXIMATELY 5"CENTERS.(INSTALL IF ������������ E• -�,1►��������`♦� 5 REQUIRED.) ������� 4 gh 4,I���������� TYPICAL ELEVATION GATE LATCH: 1-3/8"O.D.PLUNGER ROD W/MUSHROOM TYPE CATCH AND LOCK(KEYED ALIKE FOR ALL SITES OR COMBINATION AS SPECIFIED DETAIL BY AT&T MOBILITY). NTS 10.LOCAL ORDINANCE FOR BARBED WIRE PERMIT SHALL GOVERN INSTALLATION. C 11.HEIGHT=B'VERTICAL. 12.ALL WORK SHALL CONFORM WITH THE PROJECT SPECIFICATIONS. ¢GATE POST ¢ROADWAY TYPICAL WOVEN WIRE FENCING NOTES TOP TENSION WIRE 4.-0"DOUBLE SWING GATES BARBED WIRE DETAIL NTS BRACE RAIL AT GATE HO EXTERIOR SIDE FACILITY SIDE STRETCH BAR SECURELY FASTEN STANDARD SITE DIAGONAL ROD IDENTIFICATION TOP OF FABRIC CORNER,GATE, W/ PLACARD ON GATE END OR PULL POST STEEL TURNBUCKLE GATE FRAME I' GATE LATCH WITH FINISH GRADE _ �� CHAIN AND LOCK i a TOP RAIL PROJECT 1"ABOVE GROUND - -v_ TOP BRACE RAIL AND SLOPE ALL AROUND(TYP) 1 1/2" STRETCHER BAR (MAX) TENSION WIRE FIN GRADE FOOTING FRONT VIEW B OR GROUND DIAGONAL ROD w/ 1 1/2"MAX STEEL TURNBUCKLE CLEARANCE 3 3 BOTTOAllk M TENSION WIRE FROM GRADE rc E . FINISH GRAD• E OR GROUND CONCRETE LINE WILO POST FOOTING 1 1/2"MAX CLEARANCE (MIN) CONCRETE FROM GRADE TYPICAL SECTION OR SAKRETE (1'-0"MIN.)" k_1„ TOP VIEW WOVEN WIRE FENCE WOVEN WIRE SWING GATE. DOUBLE WOVEN WIRE CORNER, GATE. END OR PULL POST DETAIL ® DETAIL a DETAIL NTS NTS NTS 1 ORID Q1 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KB5 KBA RAE I LCERTTI Y THATTTHISS M 0 OSp SFICATI x DRAWING NAME at&t k xxoEla BIRE T 0 05/25/10 ISSUED FOR CONSTRUCTION K65 K. RAE 5 FE TOLL RPTHn I1 ATxATaim {. SITE No. MPLSMN3593 ` E FENCE DETAILS 6201 East UI lei�eRgINEEI'g B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION KB4 K. RAE AT MNNE$QTA A 06/29/09 ISSUED FOR REVIEW AND COMMENT KBA KBA RAE .:MI 55,121'°' BRYANT LAKE 05/25/10 .43119 DATE REVISIONS BY CHK AWE W c 1E+, BLOOMINGTON MINNESOTA SBOSS No. F""T DRAWING No. REV 109.021 SCALE AS NOTED IDESIGNED: RAE (DRAWN. NBA MPLSMN3593-F01 1 wMxBN"w.00m ROBLEY A.EVANS 6 I 2 3 2 I 1 —SILT FENCE I.SILT FENCE A TEMPORARY MODES CO ENTRENCHED PERMEABLE GEOIEIOILE FABRIC DESIGNED TO INTERCEPT MO SLOW TIE ROW OF SEDIMENT-LODEN SKS'RAW RUNOFF FROM SMALL ARDS OF PSFURBED SOIL D 5'-0"T-SHAPED METAL FENCE POST —SILT FENCE INSTALLATION (NEAR VEHICLE/CONSTRUCTION TRAFFIC) I.HEIGHT:INSTALLED SILT FENCES SHALL BE A MINIMUM OF 14'HIGH AND SHALL NOT EXCEED 20'IN HECHT MEASURED FROM THE INSTALLED GROUND ELEVATION. R.SUPPORT:SILT FENCES SHALL BE SUPPORTED BY METAL SUPPORTS AS SPECIFIED BELOW II Wb• A METAL SUPPORTS 1.THE FULL HEOIR OF THE SILT FENCE SHALL BE SUPPORTED BY METAL POSTS AT LEAST 5 FEET LONG WITH A I STRENGTH OF 1.33 POUNDS PER FOOT MD HAVE PROJECTIONS FOR THE ATTACHMENT OF FASTENERS. \`1-, I 2.THE SILT FENCE FABRIC SHALL BE ATTACHED IN AT LAST THREE PLACES ON THE UPSLOPE SIDE WTI,50 POUND PLASTIC TIE STRAPS OR WIRE FASTENERS TO PREVENT WAGE TO THE FABRIC FROM FASTENER,THE PROTRUDING j ENDS SHALL BE POINTED AWAY FROM THE FABRIC. `I. `� B.THE MAXIMUM SPACING OF POSTS FAIR NON-WOVEN SILT FENCE SHALL BE 3 FEET AND FOR WOVEN FABRIC 0 FEET. I �I 'i, I I I NOTE 8'-0"POST SPACING IS WHERE JOINTS ARE NECESSARY,EACH END OF THE FABRIC SHALL BE SECURELY FASTENED TO A POST.THE POSTS ALLOWED IF A WOVEN GEOTEXTILE C. SHALL THEN BE WRAPPED AROUND EACH OTHER TO PRODUCE A STABLE,SECURE JOINT OR SHALL BE OVERLAPPED 'Jr, `\, I '1,, I ro• FABRIC IS USED. D A MDISANCE BETWEEN ENO POSTS. II `.I I `,, 1 UM OF 20.OF THE POST SHALL EXTEND INTO THE GROUND AFTER INSTALLATION. I, I 1',I I `J FENCE SXNL BE ANCHORED BY SPREADING AT LEAST e'OF T1E FABRIC IN A 4•WIDE BY 6•DEEP ``R..�.1 I y`S I`` TRENCH,OR ED'DEEP V-TRENCH ON THE UPSLOPE SIDE OF THE FENCE THE TRENCH SHALL BE OVCKFlLLED AND liwI `1•`` I 3 COMPACTED.TRENCHES SLEDS AlN BE EXCAVATED WIDER AND DEEPER THAN NECESSARY FCR PROPER INSTALLATION. `I I Y� �`J I ON ME TERMINAL ENDS OF BLT FENCE THE FABRIC SCULL BE WRAPPED MOUND THE POST SUCH THAT ME STAPLES `1 I. `ter 1` 1``\' I ME NOT VISIBLE. E I ,,III I 1 gb• 4.PoEOIE�p LTHFPBRI�SCImGTNVOCUNS: EYATHOT211LE�A pOILYNNIL CONSISTS DEH CHLORIDE NON-WOVENONDFPB�C NON-WOVEN ¢POLYEN[LACE C `1�. `.I I `4 �`�I I\`J I `Nb. PUNCHED HEAT BONDED.RESIN BONDED,OR COMBINATIONS THEREOF. GEOC ONLYE I I`�\I L „Y 5.REMOVAL:FF11 SILT FENCES SHALL BE REMOVED ONCE THE DISTURBED AREA 6 PERMANENTLY STABUZEO AND NO LANCER FABRIC ONLY I \ 1 \I`.R I {,, 1`. SUSCEPTIBLE TO EROSON. \ \ I ` x``*`i\ {I I I Y `i`.J I 1111‘2'1, �VA`' I`.1 I I`. I I �y1 dR I \{` I i `4 1 ��'` I I GEOTEXTILE `��'1-.1 �. \x`.I I FABRIC ,I 1. I I TRENCH SHALL BE A MINIMUM OF 1 .i. I`.I 1 `':. I I I I I `J I 4"WIDE X 6"DEEP TO �. 1 ,, I I`. I I BURY AND ANCHOR THE ................! 1 .` `.I``i `{`.`j I III GEOT TO FR FABRICTREN, FOLD BACKFILL I I `I.` I I`,I AND COMPACT TRENCH WRH \I ram`}. i `i ,`1 I EXCAVATED SOIL \�`i I�`y` 1 1 GEOTEXTILE FABRIC B I . I I �`Il` TO OVERLAP 5'-0"T—SHAPED METAL FENCE POST SILT FENCE DETAIL ® /� `.I` I THROUGH TRENCH N.T.S. 1 0&V'�O�j i``i``�, , (NEAR VEHICLE/CONSTRUCTION TRAFFIC) fV .I FLOW DIRECTION SOTS: \ SILT FENCE SHALL CONFORM TO MNDOT 3686, \\ TYPE Ni NEAR VEHICLE CONSTRUCTION TRAFFIC, TYPE B3 AT ALL OTHER LOCATIONS. BACKFILL AND COMPACT TRENCH WITH EXCAVATED SOIL TRENCH SHALL BE A MINIMUM OF 4"WIDE X 6"DEEP TO TRENCH DETAIL BURY AND ANCHOR THE GEOTEXTILE FABRIC,FOLD MATERIAL N.T.S. 1 TO FIT TRENCH AND BACKFILL AND COMPACT TRENCH WITH EXCAVATED SOIL A Q 1 07/26/10 REVISED TOWER AND EQUIPMENT LOCATION KB5 KBA RAE I CCERTTIFY THAT THISSAP 0 0SPECIFICATIONFl o. Owawlxc wME w k D" M+DIREa E. SITE No MPLSMN3593 0 05/25/10 ISSUED FOR consraucnoN KBA K. RAE s HEREBY ARAL NGNEERIUNN"^DER TM,LWSEOFETM UI lel�ei1gINEEI'g ���� B 09/29/09 REVISED TOWER AND EQUIPMENT LOCATION NBA K. RAE AT MNNE$GTA 6 SILT FENCE DETAILS 6201 East A 06/29/09 ISSUED FOR REVIEW AND COMMENT NBA KBA RAE CA o:.MI 55421'°' BRYANT LAKE �07/26/10 No43119 DATE REVISIONS BY CHK APP'D G /11 G W..a-NNeAMA.-F.m.s�1w OLOOMINOTON MINNESOTA 65.5 No. FA"T DRAWING No. Ev 1a9.021 SCALE AS NOTED I DESIGNED. RAE 'DRAWN. HEM MPLSMN3593-L01 R1 M N UM+Naw.00m ROBLEY A.EVANS 6 I 2 3 I 2 I CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 17, 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 199584 - 200490 Wire Transfers 3908 - 3924 City of Eden Prairie Council Check Summary 8/17/2010 Division Amount Division Amount General 558,860 418 HRA 2002A Lease Revenue Bonds 31,050 100 City Manager 1,322 421 2003A Park Bonds Refunding 13,134 101 Legislative 13,042 423 2003C Open Space Bonds 13,308 102 Legal Counsel 24,197 427 2005 G.O.IMPR BONDS 350 110 City Clerk 693 432 G.O.Improvement Bonds 2006C 9,775 111 Customer Service 13,427 Total Debt Service Funds 67,616 112 Human Resources 256 113 Communications 12,904 315 Economic Development 1,248,123 114 Benefits&Training 26,368 502 Park Development 1,695 130 Assessing 249 503 Utility Improvement 194,109 131 Finance 14 509 CIP Fund 102,073 132 Housing and Community Services 21,861 512 CIP Trails 7,538 133 Planning 50 513 CIP Pavement Management 25,935 136 Public Safety Communications 3,644 520 Parks Referendum 2,000 137 Economic Development 572 Total Capital Project Funds 1,581,474 151 Park Maintenance 62,455 152 Parks Capital Outlay 3,866 601 Prairie Village Liquor 243,100 153 Organized Athletics 13,876 602 Den Road Liquor 301,695 154 Community Center 10,368 603 Prairie View Liquor 215,625 155 Beaches 538 605 Den Road Building 4,995 156 Youth Programs 11,971 701 Water Fund 237,784 157 Special Events 23,467 702 Sewer Fund 291,210 158 Adult Recreation 4,808 703 Storm Drainage Fund 52,416 159 Recreation Administration 5,944 Total Enterprise Funds 1,346,824 160 Therapeutic Recreation 300 161 Oak Point Pool 9,024 316 WAFTA 5,295 162 Arts 14,649 803 Escrow Fund 231 163 Outdoor Center 10,475 806 SAC Agency Fund 27,300 164 Park Rental Facilities 340 809 Investment Fund 6,419 167 CC-Youth Programs 1,859 Total Agency Funds 39,245 168 Arts Center 3,799 180 Police 48,517 807 Benefits Fund 942,035 183 Emergency Preparedness 64 810 Workers Comp Insurance 1,813 184 Fire 21,999 811 Property Insurance 192,345 186 Inspections 1,980 812 Fleet Internal Service 62,985 200 Engineering 602 813 IT Internal Service 87,757 201 Street Maintenance 740,277 814 Facilities Capital ISF 15,712 202 Street Lighting 64,736 815 Facilites Operating ISF 54,505 Total General Funds 1,733,371 816 Facilites City Center ISF 111,703 817 Facilites Comm.Center ISF 60,802 301 CDBG 18,616 Total Internal Service Funds 1,529,657 303 Cemetary Operation 541 304 Senior Board 40 Report Total 6,346,473 308 E-911 886 309 DWI Forfeiture 4,594 312 Recycle Rebate 23,608 Total Special Revenue Funds 48,286 City of Eden Prairie Council Check Register 8/17/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199655 528,316 GENERAL GROWTH PROPERTIES INC TIF Payment Project Fund TIF Payment 200258 507,175 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance Bituminous Overlay 199989 277,981 NORTHWEST ASPHALT Improvement Contracts Trails Referendum Duck Lake;Flying Cld;SingleTree Ln 199966 276,694 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 199926 249,196 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premiums 199779 221,507 SILVERCREST PROPERTIES TIF Payment Project Fund TIF Payment 3910 206,886 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 3921 202,190 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 200162 194,158 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Premium 199754 183,763 PRECISION SEALCOATING INC Crack Filling Street Maintenance Crack Filling 199852 173,656 ATOMIC ARCHITECTURAL SHEET MET Building Utility Improvement Fund Utility Plant Roof 200068 133,773 XCEL ENERGY Electric City Hall-CAM Monthly Utilities 3924 123,401 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3913 123,088 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 199789 114,837 TE MILLER DEVELOPMENT LLC TIF Payment Project Fund TIF Payment 199639 109,485 DOMINIUM TIF Payment Project Fund TIF Payment 199790 108,801 TEALWOOD CARE CENTER TIF Payment Project Fund TIF Payment 199984 94,511 NEW WORLD SYSTEMS Other Assets CIP-Bonds 199850 89,291 ASPEN EQUIPMENT CO. Machinery&Equipment Public Works 199799 83,923 UNITED PROPERTIES TIF Payment Project Fund 199825 62,226 XCEL ENERGY Electric Sewer Liftstation 199753 55,926 PRAIRIE VILLAGE LMTD PARTNERSH TIF Payment Project Fund 199947 45,077 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 3919 40,825 WELLS FARGO BANK MINNESOTA NA Interest HRA 2002A LEASE REVENUE BONDS 200069 34,242 ZIEGLER INC Machinery&Equipment Public Works-Fixed Asset 200365 32,683 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 200033 32,476 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 199698 31,156 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 200168 30,262 MCF-LINO LAKES Other Contracted Services Utility Operations-General 199922 28,769 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 200060 28,560 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 200059 27,439 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 199718 27,027 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 3918 26,441 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon 199957 25,595 LOGIS LOGIS IT Operating 199817 24,375 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 199839 23,980 ADVANCED ENGINEERING&ENVIRON Other Contracted Services Water Accounting 200137 23,864 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects 199837 23,754 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 200153 23,658 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 200312 23,389 CERIDIAN Ceridian IT Operating 200473 23,126 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 200324 22,884 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Hall-Direct Costs 199684 22,255 HUNERBERG CONSTRUCTION COMPANY Building Park Acquisition&Dev Fixed A 199886 22,090 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 200289 22,019 ALLIED WASTE SERVICES#894 Other Contracted Services Recycle Rebate 3923 21,184 ING Deferred Compensation General Fund 200182 21,118 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3912 21,065 ING Deferred Compensation General Fund 200210 20,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration 199600 19,995 BAKER TILLY VIRCHOW KRAUSE LLP Software Maintenance IT Operating 200009 19,915 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 200129 19,500 GOODPOINTE TECHNOLOGY Design&Engineering CIP Pavement Management 200245 19,014 WIRTZ BEVERAGE MINNESOTA Wine Domestic Prairie Village Liquor Store 200252 18,857 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 199942 18,600 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 200474 18,302 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 200149 18,076 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 200226 17,759 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 200449 17,758 STREICHERS Training Supplies Police 200026 16,981 STREICHERS Clothing&Uniforms Police 199818 16,749 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 199881 16,293 DAY DISTRIBUTING Beer Prairie View Liquor Store 200246 16,094 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 200098 15,829 BRAUER& ASSOCIATES LTD Other Contracted Services Capital Impr./Maint.Fund 200325 15,530 DMJ CONSTRUCTION SERVICES INC Other Contracted Services Rehab 3911 15,440 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3922 15,432 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 200004 15,392 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 199761 15,255 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 199793 15,001 THORPE DISTRIBUTING Beer Den Road Liquor Store 199693 14,789 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 199749 14,754 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 199775 14,416 SHELTER CORPORATION TIF Payment Project Fund 200416 14,238 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 3917 14,176 CERIDIAN State Taxes Withheld Health and Benefits 200426 14,045 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 200453 13,713 THORPE DISTRIBUTING Beer Den Road Liquor Store 200318 13,435 COURT SURFACES&REPAIR Seal Coating Rice Marsh Lake Park 200360 13,324 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 200218 13,068 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs-General Bldg Public Safety Training Facilit 200321 12,963 DAY DISTRIBUTING Beer Den Road Liquor Store 200178 12,873 MINNESOTA UI FUND Unemployment Compensation Organizational Services 200005 12,599 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 199921 12,382 GRAYMONT Treatment Chemicals Water Treatment Plant 200133 12,343 GRAYMONT Treatment Chemicals Water Treatment Plant 200437 12,199 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Infiltration/Inflow Study 199829 12,123 XCEL ENERGY Improvement Contracts Improvement Projects 2006 199828 11,979 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 3915 11,635 US BANK TRUST HRA Health and Benefits 200053 11,552 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 200383 11,493 MCQUAY INTERNATIONAL Contract Svcs-HVAC Prairie Village Liquor Store 199996 11,416 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 200315 11,320 CLAUDE'S CERAMIC TILE INC Other Contracted Services Facilities Capital 200029 11,300 TALEO CORPORATION Software Organizational Services 199999 10,951 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 199809 10,912 WEIS MANAGEMENT TIF Payment Project Fund 199827 10,882 YALE MECHANICAL INC Contract Svcs-HVAC Water Treatment Plant 199739 10,808 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 200171 10,780 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage Check# Amount Vendor/Explanation Account Description Business Unit Explanation 200206 10,426 QUALITY WINE&SPIRITS CO Wine Imported Prairie Village Liquor Store 199720 10,092 MIDWEST ASPHALT CORPORATION Asphalt Overlay Street Maintenance 200057 9,537 WINE MERCHANTS INC Transportation Prairie View Liquor Store 199664 9,223 GRAYMONT Treatment Chemicals Water Treatment Plant 199636 9,210 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 200104 8,803 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 200145 8,684 INTEGRITY REMODELING&DESIGN Capital Under$10,000 Furniture 200379 8,607 MARCO INC Other Contracted Services IT Telephone 200490 8,229 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 199859 7,761 BIFFS INC Waste Disposal Park Maintenance 199757 7,750 PROP Other Contracted Services Housing and Community Service 200350 7,704 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire 199815 7,603 WINE MERCHANTS INC Transportation Prairie View Liquor Store 200434 7,500 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 199879 7,400 CORVAL CONSTRUCTORS INC Improvement Contracts Utility Operations-General 200045 7,330 VALLEY RICH CO INC Equipment Repair&Maint Sewer System Maintenance 199734 7,272 NORTHSTAR MUDJACKING SPECIALIS Improvement Contracts CIP Trails 199835 6,632 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM 200021 6,574 SOUTHWEST SUBURBAN PUBLISHING- Printing Communications 200250 6,532 XCEL ENERGY Electric Round Lake 199678 6,482 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service 199657 6,435 GOODPOINTE TECHNOLOGY Design&Engineering CIP Pavement Management 200185 6,419 NORTHSHORE ADVISORS LLC Interest Investment Fund 199938 6,332 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 200195 6,265 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 199895 6,263 ESS BROTHERS&SONS INC Improvement Contracts CIP Trails 199765 6,199 REINDERS INC Chemicals Park Maintenance 200346 6,173 GRAYMONT Treatment Chemicals Water Treatment Plant 200013 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 199856 5,926 BELLBOY CORPORATION Transportation Prairie View Liquor Store 199963 5,695 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 199608 5,689 BELLBOY CORPORATION Transportation Prairie View Liquor Store 199969 5,635 MIDWEST ASPHALT CORPORATION Improvement Contracts CIP Trails 200387 5,631 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 200412 5,460 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 200233 5,269 UNITED STATES CONFERENCE OF MA Dues&Subscriptions City Council 200020 5,081 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 200393 5,000 MINNESOTA MUNICIPAL BEVERAGE A Dues&Subscriptions Prairie Village Liquor Store 200458 5,000 US POSTMASTER Postage Community Brochure 199590 4,992 ABSOLUTE RAIN INC. Improvement Contracts Trails Referendum 199740 4,789 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 200243 4,715 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 200138 4,625 HAWKINS INC Treatment Chemicals Water Treatment Plant 199973 4,392 MINNESOTA ROADWAYS CO Other Contracted Services Facilities Capital 199616 4,382 CEMSTONE PRODUCTS COMPANY Seal Coating Street Maintenance 200159 4,380 KUSTOM SIGNALS INC Capital Under$10,000 DWI Forfeiture 200332 4,263 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 200224 4,257 STREICHERS Protective Clothing Police 199768 4,234 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Operating 200341 4,229 GRAINGER Supplies-HVAC Park Shelters 200301 4,191 BELLBOY CORPORATION Transportation Den Road Liquor Store 199713 4,160 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199598 4,114 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 200297 4,110 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 200170 4,000 MICHAELSON,ELIZABETH H Other Contracted Services Theatre Initiative 199673 3,924 HAWKINS INC Treatment Chemicals Water Treatment Plant 200088 3,915 AMEC GEOMATRIX Other Contracted Services WAFTA 199620 3,792 CENTURYLINK Telephone IT Telephone 199803 3,748 VINOCOPIA Transportation Prairie View Liquor Store 200470 3,735 WINE MERCHANTS INC Transportation Den Road Liquor Store 199675 3,685 HEALTH ACT SRVS AIRPORT CLINIC Health&Fitness Fire 199685 3,612 I:SPACE Capital Under$10,000 Furniture 200046 3,562 VAN PAPER COMPANY Cleaning Supplies Park Shelters 200386 3,424 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 200112 3,335 DAY DISTRIBUTING Beer Prairie View Liquor Store 200105 3,301 CERIDIAN Ceridian IT Operating 200144 3,284 INNOVATIVE GRAPHICS Clothing&Uniforms Safety Camp 199640 3,276 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 200296 3,206 ASPEN EQUIPMENT CO. Autos Public Works-Fixed Asset 199838 3,174 ACTION FLEET INC Equipment Repair&Maint Fleet Operating 199714 3,172 MEDICINE LAKE TOURS Special Event Fees Trips 199936 3,171 HOHENSTEINS INC Beer Prairie View Liquor Store 199985 3,096 NILSSON,BETH Instructor Service Ice Show 200095 3,007 BELLBOY CORPORATION Transportation Prairie View Liquor Store 200198 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 200487 3,000 MOBSITE.NET Other Assets CIP-Bonds 199981 2,940 MUELLER CO Repair&Maint.Supplies Water Metering 199628 2,800 CLOSED CIRCUIT SPECIALISTS INC Work In Progress Prairie View Liquor Store 200486 2,789 HEALTH ACTIVATION SERVICES PLC Health&Fitness Fire 200469 2,754 WINE COMPANY,THE Transportation Den Road Liquor Store 200247 2,746 WORK CONNECTION,THE Other Contracted Services Park Maintenance 199773 2,727 SEAFORTH ELECTRIC INC Equipment Repair&Maint Water Wells 199876 2,686 CERIDIAN Ceridian IT Operating 200027 2,600 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 199813 2,526 WINE COMPANY,THE Transportation Prairie View Liquor Store 199725 2,525 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 199890 2,495 EARL F ANDERSEN INC Signs Street Maintenance 3908 2,445 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 199712 2,432 MCELLIGOTT ADVERTISING INC Operating Supplies Police 199988 2,412 NORTHSTAR MUDJACKING SPECIALIS Building Repair&Maint. Water Wells 200025 2,408 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 199867 2,376 BUETOW AND ASSOCIATES INC Design&Engineering Park Acquisition&Development 200327 2,372 EARL F ANDERSEN INC Signs Park Maintenance 199621 2,361 CERIDIAN Ceridian IT Operating 200394 2,268 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 200212 2,232 SEAFORTH ELECTRIC INC Building Repair&Maint. Water Wells 199822 2,227 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 200352 2,157 HOHENSTEINS INC Beer Den Road Liquor Store 199727 2,144 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 200317 2,100 CORVAL CONSTRUCTORS INC Building Repair&Maint. Water Treatment Plant 199644 2,067 ESS BROTHERS&SONS INC Improvement Contracts CIP Trails 199874 2,018 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 200284 1,994 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 199958 1,950 M 0 V TRAINING SERVICES LLC Conference Expense General Facilities Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199659 1,944 GRAINGER Equipment Parts Fleet Operating 200085 1,925 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 200452 1,917 TESSMAN SEED CO Chemicals Park Maintenance 200131 1,910 GRAINGER Supplies-Fire/Life/Safety Community Center Maintenance 200462 1,889 VAN PAPER COMPANY Cleaning Supplies Arts Center 200479 1,860 XCEL ENERGY Electric Prairie Village Liquor Store 200430 1,855 REBS MARKETING Other Contracted Services Environmental Education 200043 1,835 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 199965 1,833 METRO SALES INCORPORATED* Other Rentals Customer Service 200146 1,827 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 199939 1,800 INNOVATIVE GRAPHICS Clothing&Uniforms Playgrounds 199613 1,796 BROCK WHITE COMPANY LLC Landscape Materials/Supp Richard T.Anderson Cons.Area 199721 1,735 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 200447 1,722 STAPLES ADVANTAGE Office Supplies Police 199826 1,712 XTREME INTEGRATION Other Contracted Services Staring Lake 199885 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance IT Operating 199586 1,709 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 200056 1,672 WINE COMPANY,THE Transportation Prairie View Liquor Store 200302 1,656 BIFFS INC Waste Disposal Park Maintenance 199834 1,652 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 200223 1,618 STRAIGHT-UP INC Clothing&Uniforms Tennis 200215 1,614 SIGNATURE CONCEPTS INC. Clothing&Uniforms Oak Point Lessons 200405 1,604 NEW WORLD SYSTEMS Other Assets CIP-Bonds 199630 1,598 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 199972 1,554 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 199612 1,533 BOURGET IMPORTS Transportation Prairie View Liquor Store 200192 1,502 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 200156 1,500 KRAFT,MATTHEW E Other Contracted Services Theatre Initiative 199806 1,490 WALL TRENDS INC Contract Svcs-General Bldg City Hall-CAM 199929 1,481 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 200320 1,462 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 199960 1,421 MAACO Equipment Repair&Maint Fleet Operating 199732 1,420 NEW WORLD SYSTEMS Other Assets CIP-Bonds 199914 1,411 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 199800 1,403 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 199978 1,398 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 200322 1,388 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM 199872 1,380 CATALYST GRAPHICS INC Printing July 4th Celebration 199618 1,379 CENTERPOINT ENERGY Gas Homeward Hills Park 200086 1,352 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 200409 1,339 OSI BATTERIES INC Operating Supplies Police 199891 1,338 ECOLAB INC Contract Svcs-Pest Control Housing and Human Svcs 200172 1,330 MIDWEST LOCK&SAFE Contract Svcs-General Bldg Community Center Maintenance 199916 1,302 GRAINGER Supplies-HVAC City Hall-CAM 200074 1,300 HOME DEPOT CREDIT SERVICES Supplies-General Bldg City Hall-CAM 200136 1,265 HACH COMPANY Laboratory Chemicals Water Treatment Plant 199967 1,263 METROPOLITAN FORD Equipment Parts Fleet Operating 199682 1,250 HOMELINE Refunds CDBG-Public Service 199982 1,242 NEUMANN,NEAL Other Contracted Services Softball 200039 1,242 TWIN CITY SEED CO Landscape Materials/Supp Riley Lake 200096 1,232 BOLD,PAULINE Instructor Service Outdoor Center 199888 1,228 DNR Clothing&Uniforms July 4th Celebration Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199970 1,190 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 200064 1,182 WORLD CLASS WINES INC Transportation Den Road Liquor Store 200392 1,172 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 200305 1,159 BOLD,PAULINE Instructor Service Outdoor Center 200197 1,144 POMP'S TIRE SERVICE INC Tires Fleet Operating 200097 1,141 BOUNDLESS NETWORK Operating Supplies Day Care 199631 1,139 COSTCO Merchandise for Resale Concessions 199923 1,128 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 199934 1,125 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 200127 1,123 GLEWWE DOORS INC Building Repair&Maint. Water Storage 200220 1,116 SPRINT Wireless Subscription IT Operating 200031 1,108 TEMP,DAWN M Other Contracted Services Volleyball 200475 1,098 WORK CONNECTION,THE Other Contracted Services Park Maintenance 200339 1,095 GE CAPITAL Other Rentals Customer Service 199645 1,090 EVENT SOUND&LIGHTING Other Rentals Summer Theatre 200125 1,090 GARRY'S LAWN CARE Other Contracted Services WAFTA 199975 1,081 MINNESOTA'S BOOKSTORE Operating Supplies Inspections-Administration 199832 1,079 PETTY CASH 200440 1,075 SIR KNIGHT CLEANERS Clothing&Uniforms Fire 200191 1,067 OPPORTUNITY PARTNERS Janitor Service Den Bldg.-CAM 200308 1,058 BOURGET IMPORTS Transportation Den Road Liquor Store 199979 1,042 MT GLOBAL LLC Transportation Prairie View Liquor Store 199877 1,032 CLAREYS INC Office Supplies Customer Service 200238 1,024 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 199983 1,021 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 200435 1,005 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 199743 1,000 PERSONNEL DECISIONS INTL Other Contracted Services Administration 200398 1,000 MN DNR WATERS Licenses,Permits,Taxes Storm Drainage 200080 993 RUTTGER'S SUGAR LAKE LODGE Conference Expense General Community Center 200023 978 STAPLES ADVANTAGE Operating Supplies Elections 199844 971 AMERICAN RED CROSS Licenses,Permits,Fees Oak Point Lessons 200242 971 WINE COMPANY,THE Transportation Prairie View Liquor Store 200372 964 KUSTOM SIGNALS INC Equipment Repair&Maint Police 200213 957 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 200249 945 WYFFELS,BILL Tuition Reimbursement/School Organizational Services 200311 941 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 200002 935 PRAIRIE ELECTRIC COMPANY Other Contracted Services City Hall-Direct Costs 200445 929 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating 200373 922 LAB SAFETY SUPPLY INC Operating Supplies General Facilities 200236 917 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 199937 916 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 199686 914 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 200395 909 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Water Accounting 200477 893 WORLD CLASS WINES INC Transportation Den Road Liquor Store 200429 884 RAY,LEE Other Contracted Services Softball 199955 876 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 200367 872 KEEPERS Clothing&Uniforms Fire 200117 870 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 200404 854 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 199811 853 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 200028 841 SURLY BREWING CO Beer Den Road Liquor Store 199919 833 GRANICUS INC Software Maintenance IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 200344 833 GRANICUS INC Software Maintenance IT Operating 199987 833 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 199703 833 LAKE COUNTRY DOOR LLC Contract Svcs-Gener Fire Station#4 199599 832 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 200193 828 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 200214 812 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 199961 811 MAGIC BOUNCE INC Other Contracted Services July 4th Celebration 200385 802 METRO CLEANING Contract Svcs-Garden Romm Garden Room Repairs 200102 799 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 199784 796 STREICHERS Training Supplies Police 200196 788 PLANET SPIRIT Instructor Service CC-Camps 199977 786 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 200139 783 HD SUPPLY WATERWORKS LTD Laboratory Chemicals Water Treatment Plant 200481 782 ZOELLNER,MARK Other Contracted Services Softball 199971 775 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 200427 774 QWEST Process Control Services Water Treatment Plant 199869 767 CARLSON TRACTOR AND EQUIPMENT Equipment Repair&Maint Park Maintenance 200306 757 BOUND TREE MEDICAL LLC EMS Supplies Fire 200340 757 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 200090 756 ANCHOR PAPER COMPANY Office Supplies Customer Service 199706 750 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store 200374 745 LAMBERT,JAMES K Other Contracted Services Communications 199894 744 ELECTRIC PUMP Equipment Repair&Maint Water Treatment Plant 200388 739 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 199841 737 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 199796 736 TURNER,ANDY Operating Supplies Summer Theatre 199742 730 PEPSI COLA COMPANY Merchandise for Resale Concessions 200228 725 TRUE FABRICATIONS Misc Taxable Prairie Village Liquor Store 200420 707 PREMIUM WATERS INC Operating Supplies Fire 199722 705 MINNEAPOLIS COMM&TECH COLLEG Tuition Reimbursement/School Fire 199764 703 RDO EQUIPMENT CO Equipment Parts Fleet Operating 200248 702 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 199663 701 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 199658 700 GRAFFITI CONTROL SERVICES Equipment Parts Street Maintenance 199656 694 GODWIN,MARIE B Other Contracted Services Volleyball 200351 694 HEUN ENTERPRISES,INC Liquor Prairie View Liquor Store 199821 686 WORK CONNECTION,THE Other Contracted Services Park Maintenance 200017 675 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 200199 671 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 200459 650 US POSTMASTER Postage Community Brochure 200366 648 KAISER,DAVID S Operating Supplies Day Care 200134 640 GS DIRECT Other Hardware IT Operating 199666 635 GUARANTY COMMERCIAL TITLE INC Improvement Contracts Improvement Projects 2006 200368 630 KIDCREATE STUDIO Instructor Service Arts Center 200464 629 VINOCOPIA Transportation Den Road Liquor Store 200225 626 SURLY BREWING CO Beer Prairie Village Liquor Store 199763 624 RAY,LEE Other Contracted Services Softball 200293 620 ANDERBERG INNOVATIVE PRINT SOL Printing Police 200062 619 WM MUELLER AND SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 199840 615 ADVANCED PUBLIC SAFETY INC Other Assets CIP-Bonds 199964 615 MERRY BOBB MUSIC INC Other Contracted Services Summer Theatre 199774 614 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199781 611 SPIRIT APPAREL&STUFF Operating Supplies Girls on the Run 200476 610 WORKING FIRE TRAINING Training Supplies Fire 199943 607 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 200450 605 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 199904 602 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 199776 602 SHIELD FIRE PROTECTION INC Contract Svcs-Plumbing City Hall-CAM 3920 602 CERIDIAN Garnishment Withheld General Fund 199992 600 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 200030 600 TAYLOR,EMILY Instructor Service Arts Center 200480 582 ZAHN,GERALD Other Contracted Services Volleyball 200443 582 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie View Liquor Store 3909 573 CERIDIAN Garnishment Withheld General Fund 200177 573 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 200456 570 TWIN CITY ACOUSTICS INC Building Repair&Maint. Utility Operations-General 199918 568 GRAND PERE WINES INC Wine Domestic Prairie View Liquor Store 200428 566 QWEST Maintenance Contracts E-911 Program 200361 564 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance 199849 562 AQUA ENGINEERING INC Grounds Maintenance Utility Operations-General 199794 562 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie Village Liquor Store 199648 559 FALCK,TIMOTHY R Other Contracted Services Softball 199848 558 APRES Other Rentals Summer Theatre 199707 550 LIGHT OF THE MOON Other Contracted Services Riley-Jacques Barn 200436 546 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 199909 544 GE CAPITAL Other Rentals Customer Service 199792 543 THE OASIS GROUP Employee Assistance Organizational Services 200147 540 JELLY BEANS Instructor Service CC-Arts&Drama 200135 537 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 200209 535 RELIAKOR SERVICES INC Other Contracted Services Purgatory Creek Park 199862 533 BOLD,PAULINE Instructor Service Outdoor Center 199907 528 G&K SERVICES Clothing&Uniforms Tree Disease 200203 524 PROP United Way Withheld General Fund 200448 508 STI-CO INDUSTRIES INC Equipment Parts Fleet Operating 199594 507 AMERITRAK Other Contracted Services Snow&Ice Control 199846 507 ANCHOR PRINTING COMPANY Printing Police 199865 506 BRAUN INTERTEC CORPORATION Improvement Contracts Trails Referendum 200265 506 ELIASON,STEVE J Other Contracted Services Softball 199726 504 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 200237 503 VINTAGE ONE WINES INC Transportation Prairie Village Liquor Store 199995 500 PARTNERS IN ENTERTAINMENT Other Contracted Services Staring Lake Concert 199842 495 AL&ALMA'S SUPPER CLUB AND CH Special Event Fees Trips 199863 494 BONNER&BORHART LLP Legal Legal Criminal Prosecution 199731 489 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 200451 488 SURLY BREWING CO Beer Den Road Liquor Store 200165 485 MAECK,TOM Other Contracted Services Community Band 199661 484 GRAND PERE WINES INC Wine Domestic Prairie View Liquor Store 199833 484 MNCAR EXCHANGE,THE Other Contracted Services Economic Development 200114 483 DESAULNIERS,DAN Other Contracted Services Softball 200123 483 FISHER,ROD Refunds Storm Drainage 199786 478 SURLY BREWING CO Beer Prairie View Liquor Store 199912 478 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 200406 478 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 200345 467 GRAPE BEGINNINGS Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199602 466 BARNES,BELINDA A. Other Contracted Services Volleyball 199724 465 MINNESOTA CONWAY Operating Supplies Fire 199660 460 GRAMPRE,DAVID A Other Contracted Services Softball 200143 460 HOLMES,TOM Other Contracted Services Softball 200418 460 PRAIRIE EQUIPMENT COMPANY Equipment Parts Fleet Operating 199858 454 BERNICK'S WINE Wine Domestic Prairie View Liquor Store 199932 450 HENNEPIN TECHNICAL COLLEGE Other Rentals Recycle Rebate 199854 449 BATTERY TECH INC Equipment Parts Fleet Operating 200166 446 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 199928 446 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 200299 443 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 200169 442 METRO SALES INCORPORATED* Other Rentals Customer Service 200126 440 GE CAPITAL Other Rentals Customer Service 199968 439 MHSRC/RANGE Tuition Reimbursement/School Police 199864 438 BOURGET IMPORTS Transportation Prairie View Liquor Store 199782 438 STAPLES ADVANTAGE Office Supplies Customer Service 199625 437 CHRISTIANSEN,MIKE Other Contracted Services Softball 199820 431 WM MUELLER AND SONS INC Repair&Maint.Supplies Storm Drainage 199681 427 HIRSHFIELD'S Repair&Maint.Supplies Water System Maintenance 199783 426 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 200077 425 MIAMA Conference Expense General Community Center 200408 424 OLSON,MARIAH Accounts Receivable Community Center Admin 199723 421 MINNESOTA CLAY CO.USA Recreation Supplies Arts Center 200422 420 PUCHALSKI,MARY Instructor Service Arts Center 200466 420 VSA INC Operating Supplies Communications 199853 418 BANK BEER CO Beer Prairie View Liquor Store 199665 414 GREATAMERICA LEASING CORP. Postage Customer Service 200441 414 SNEEN,NICOLE D Other Contracted Services Softball 199804 400 VOLK ELECTRIC Other Contracted Services Utility Improvement Fund 200175 400 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 200154 392 KINDERMUSIK WITH KIM Instructor Service CC-Arts&Drama 200111 391 DALE GREEN COMPANY,THE Landscape Materials/Supp Riley Lake 200381 391 MCGREGOR,RANDY Other Contracted Services Softball 199910 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 200091 385 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 200463 383 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 200335 378 FASTSIGNS Operating Supplies Park Facilities 200241 373 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 200304 372 BOB GILBERTSON Fire Prevention Supplies Fire 199680 367 HIGHWAY TECHNOLOGIES INC Other Rentals Recycle Rebate 199585 366 PETTY CASH-POLICE DEPT 199709 363 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store 200314 362 CLAREYS INC Equipment Repair&Maint Traffic Signals 199634 359 DALE GREEN COMPANY,THE Repair&Maint.Supplies Storm Drainage 200485 358 FEDEX Postage Human Resources 199668 350 HALE,WILLIAM Other Contracted Services Summer Theatre 200052 350 WELLS FARGO BANK MINNESOTA NA Paying Agent 2005 G.O.Imp.Revolving Fund 200100 350 BURCH,JACK C Other Contracted Services Winter Theatre 200478 350 WRIGHT,ELISA Other Contracted Services Staring Lake Concert 199952 349 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM 199674 349 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Metering 199690 345 JANEX INC Cleaning Supplies Fire Station#1 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199917 345 GRAMPRE,DAVID A Other Contracted Services Softball 200119 345 ELIASON,STEVE J Other Contracted Services Softball 200217 345 SOUNDS GREAT Special Event Fees Safety Camp 199994 344 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 199873 340 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 199896 338 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study 200132 337 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 200207 328 QWEST Telephone IT Telephone 199587 323 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#4 199780 322 SNEEN,NICOLE D Other Contracted Services Softball 200122 322 FALCK,TIMOTHY R Other Contracted Services Softball 199950 318 KEEPERS Clothing&Uniforms Fire 200378 315 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store 200348 307 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 3914 303 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 199875 302 CENTER FOR HEALTHY LIVING Instructor Service Classes/Programs/Events 199642 302 EDEN PRAIRIE WINLECTRIC Operating Supplies Park Maintenance 200465 301 VINTAGE ONE WINES INC Transportation Den Road Liquor Store 200240 300 WARNER,DENNIS Other Contracted Services Summer Theatre 200397 300 MINNESOTA ZOOMOBILE Other Contracted Services Staring Lake Concert 200444 300 SPORTSIGN Other Contracted Services Accessibility 199609 300 BIFFS INC Other Contracted Services Recycle Rebate 199954 295 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#3 199949 294 KD KANOPY Operating Supplies Recreation Administration 200431 292 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 200041 290 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 200290 287 AMERICAN RED CROSS Licenses,Permits,Fees Oak Point Lessons 199767 287 RUE,RODNEY Mileage&Parking Engineering 200012 286 RAY,LEE Other Contracted Services Softball 200402 283 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 200201 281 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 200130 280 GRAFIX SHOPPE Equipment Repair&Maint Fleet Operating 199927 276 HEALY,STEPHEN Other Contracted Services Softball 200342 276 GRAMPRE,DAVID A Other Contracted Services Softball 200371 275 KROOG,RACHAEL Other Contracted Services Staring Lake Concert 200234 272 UNITED WAY United Way Withheld General Fund 200455 272 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 199622 272 CERTIFIED APPLIANCE RECYCLING Other Contracted Services Recycle Rebate 199880 269 CUB FOODS EDEN PRAIRIE Operating Supplies Police 199719 265 METROPOLITAN FORD Equipment Parts Fleet Operating 199887 263 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 200467 263 VTI Contract Svcs-Security Community Center Maintenance 199615 260 CAT&FIDDLE BEVERAGE Transportation Den Road Liquor Store 200334 259 FASTENAL COMPANY Equipment Parts Fleet Operating 3916 256 CERIDIAN Garnishment Withheld General Fund 200048 253 VINOCOPIA Transportation Den Road Liquor Store 200309 251 CAT&FIDDLE BEVERAGE Transportation Prairie View Liquor Store 199976 250 MINNETONKA CIVIC ORCHESTRA Other Contracted Services Staring Lake Concert 200174 250 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 200190 250 ONE-ON-ONE CONTROL TACTICS Tuition Reimbursement/School Police 200417 250 PLANTENBERG,CATHERINE Other Contracted Services Staring Lake Concert 200401 248 MORAN USA,LLC Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199993 248 OLSEN COMPANIES Equipment Parts Fleet Operating 200274 247 SHAH,VIJAY Other Contracted Services Teen Work Program 199843 246 AMERICAN PRESSURE INC Equipment Repair&Maint Fleet Operating 200432 246 SCHARBER&SONS Equipment Parts Fleet Operating 200266 244 FREUDENBERG,JASON A Other Contracted Services Teen Work Program 199785 243 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 200253 242 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 200275 241 SKOBOV,NIKITA Other Contracted Services Teen Work Program 200101 240 CANNON RIVER WINERY Wine Domestic Prairie Village Liquor Store 199791 237 TEMP,JEFFERY L Other Contracted Services Softball 200254 234 ASHTIANI,SHAYAN Other Contracted Services Teen Work Program 200276 234 SKONIECZNY,STEPHANIE Other Contracted Services Teen Work Program 200044 233 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 200024 231 STEELE COUNTY SHERIFFS DEPART Deposits Escrow 200282 228 WEISSER,TANNER Other Contracted Services Teen Work Program 200337 227 G&K SERVICES Clothing&Uniforms Tree Disease 200051 225 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 200150 222 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance 199677 222 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 200264 221 CRUMRINE,ROBERT R Other Contracted Services Teen Work Program 199589 220 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 199866 220 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signs 200061 216 WITT,BETH Mileage&Parking Aquatics&Fitness Admin 200278 216 TONJES,ALEC Other Contracted Services Teen Work Program 200032 216 TESSMAN SEED CO Chemicals Park Maintenance 199652 216 FORS,ERICA Operating Supplies Summer Theatre 200329 215 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Assessing 200288 215 ADESA MPLS Miscellaneous DWI Forfeiture 199750 210 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 200118 209 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration 200256 208 BERGMAN,SYDNEY Other Contracted Services Teen Work Program 199715 208 MENARDS Grounds Maintenance Utility Operations-General 200164 207 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 200326 205 DMX MUSIC Other Contracted Services Den Road Liquor Store 199807 203 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 200208 203 RDO EQUIPMENT CO Equipment Parts Fleet Operating 199596 200 APOGEE RETAIL LLC Other Contracted Services Recycle Rebate 200099 200 BRIO BRASS Other Contracted Services Winter Theatre 199882 198 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating 200113 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General Facilities 199649 198 FEDEX KINKO'S OFFICE AND PRINT Printing Water System Maintenance 199931 198 HENNEPIN COUNTY TREASURER-TAXP Software Maintenance IT Operating 200330 197 EDEN PRAIRIE ROTARY CLUB Operating Supplies Fire 200108 196 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 200183 195 MT GLOBAL LLC Transportation Den Road Liquor Store 200349 192 HCMC-EMS EDUCATION Tuition Reimbursement/School Police 199940 192 JACO,LLC Misc Taxable Den Road Liquor Store 199762 190 QWEST Telephone IT Telephone 200116 190 DMX MUSIC Other Contracted Services Prairie View Liquor Store 200200 188 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 199893 188 EDINA,CITY OF Training Supplies Police 199588 187 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Infiltration/Inflow Study Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199595 184 ANDREWS,TERRY S Other Contracted Services Softball 200468 182 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 200281 182 WADNAL,ERIC E Other Contracted Services Teen Work Program 200292 182 ANCHOR PAPER COMPANY Office Supplies Customer Service 200037 180 TOUGH CUT SERVICES Other Contracted Services Park Maintenance 200303 180 BLACK,KARMEN Accounts Receivable Community Center Admin 200055 179 WILLIAMS,BOB AR Utility Water Enterprise Fund 200155 179 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 199990 178 NUCO2 INC Supplies-Pool Pool Maintenance 200089 178 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 200034 177 TINNIN,SHANE OR WELCH,DAWN AR Utility Water Enterprise Fund 200375 176 LEIFELD FRAMING Operating Supplies Police 199908 175 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 200268 175 JASKULKE,TARYN L Other Contracted Services Teen Work Program 200286 171 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 200173 169 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 200279 169 ULRICH,RYAN S Other Contracted Services Teen Work Program 199702 168 KUSTOM SIGNALS INC Equipment Repair&Maint Police 200047 167 VAYNTRUB,THE AR Utility Water Enterprise Fund 200411 164 PAT KERNS WINE MERCHANTS Transportation Prairie View Liquor Store 200221 163 STANLEY SECURITY SOLUTIONS INC Supplies-Security Senior Center 199933 162 HENRY,PAUL Other Contracted Services Volleyball 199626 160 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 200015 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 199730 160 MYERS,JODI Accounts Receivable Community Center Admin 199635 159 DAVANNI'S PIZZA Merchandise for Resale Concessions 199913 157 GIRLS ON THE RUN INTERNATIONAL Operating Supplies Girls on the Run 200376 156 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 199953 155 LAGERQUIST ELEVATOR INC Contract Svcs-Elevator Community Center Maintenance 199836 153 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 199991 150 O'LOUGHLIN,PAT Other Contracted Services Riley-Jacques Barn 200109 150 CRIME STOPPERS OF MINNESOTA Dues&Subscriptions Police 199593 149 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 200022 146 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance 199687 145 INSTANT WHIP FOODS Merchandise for Resale Concessions 199689 145 IPMA-HR Dues&Subscriptions Human Resources 200181 144 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 199974 144 MINNESOTA WANNER COMPANY Repair&Maint.Supplies Park Maintenance 199845 144 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 199959 143 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 200014 140 ROOT 0 MATIC Equipment Repair&Maint Sewer System Maintenance 200038 140 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 200081 140 STATE OF MN DRIVER&VEHICLE S Equipment Repair&Maint Police 200189 140 ONCE UPON A STAR Instructor Service CC-Arts&Drama 200446 140 STANLEY SECURITY SOLUTIONS INC Supplies-Security Community Center Maintenance 199641 140 EARL F ANDERSEN INC Signs Traffic Signs 199903 139 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 199986 139 NORTHERN AIR CORPORATION Contract Svcs-HVAC Community Center Maintenance 200307 139 BOUNDLESS NETWORK Operating Supplies Community Center Admin 200050 138 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 199847 138 ANDREWS,TERRY S Other Contracted Services Softball 200157 138 KRAMER,TRENT C Other Contracted Services Softball Check# Amount Vendor/Explanation Account Description Business Unit Explanation 200010 136 QWEST Telephone Water Distribution 200291 135 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 200121 135 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 200461 135 VAN METER&ASSOCIATES Tuition Reimbursement/School Police 200115 135 DIRECTV Operating Supplies Police 200227 134 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie Village Liquor Store 199902 133 FIELDSTONE VINEYARDS Wine Domestic Prairie View Liquor Store 199861 133 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Hall-CAM 199980 132 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 200377 130 LINDON,CARRIE Accounts Receivable Community Center Admin 200176 129 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 200354 128 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 200482 127 PETTY CASH-EPCC 199920 126 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 200260 126 BUSCH,ANNAH Other Contracted Services Teen Work Program 200273 126 OSOWSKI,ANDREW Other Contracted Services Teen Work Program 200331 125 EDEN PRAIRIE WINLECTRIC Operating Supplies Park Maintenance 200186 125 NTOA Dues&Subscriptions Police 200390 125 MINNEAPOLIS,CITY OF Other Contracted Services Staring Lake Concert 200262 124 CALDERON,BRYAN M Other Contracted Services Teen Work Program 200267 124 FREUDENBERG,JESSICA R Other Contracted Services Teen Work Program 199746 122 PETERSON,JOHN AR Utility Water Enterprise Fund 200239 122 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 200187 121 OLSEN COMPANIES Operating Supplies Street Maintenance 200391 120 MINNESOTA COUNTY ATTORNEYS ASS Office Supplies Police 200016 119 SEVENICH,WENDY Mileage&Parking Community Center Admin 200270 119 NITZSCHE,KELLY Other Contracted Services Teen Work Program 200272 119 O'BRIEN LOREN D Other Contracted Services Teen Work Program 200280 119 UTING,TRAVIS Other Contracted Services Teen Work Program 200423 117 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 200035 116 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 200410 115 OTTERNESS,RON Program Trips Outdoor Center 200001 115 PORTA,KITTY Mileage&Parking Elections 199736 114 OFFICE DEPOT CREDIT PLAN Supplies-General Bldg Outdoor Center Facilities 200066 114 WYDRA,TEEGAN Mileage&Parking Tree Disease 200259 112 BRIDENSTINE,MADELEINE P Other Contracted Services Teen Work Program 200261 112 CAIRNCROSS,JAMIE Other Contracted Services Teen Work Program 200263 112 CHARLEY,ANGELA Other Contracted Services Teen Work Program 199823 112 WORRELL,KACIE Training Supplies Fitness Classes 199898 110 FAGNANT,SUSAN Instructor Service Outdoor Center 199729 108 MUSSELL,KATELIN Other Contracted Services Volleyball 200184 108 MUSSELL,KATELIN Other Contracted Services Volleyball 200328 107 EATON CORPORATION Accounts Receivable Community Center Admin 200006 107 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 200359 107 JENSEN,MICHAEL Mileage&Parking Tree Disease 200257 105 BERRETH,NATALIE E Other Contracted Services Teen Work Program 200269 105 MULLETT,JACKSON Other Contracted Services Teen Work Program 199650 104 FEIDT,ADAM M Mileage&Parking IT Operating 199758 103 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 200230 102 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 199900 101 FASTSIGNS Merchandise for Resale Concessions 200103 101 CENTER FOR HEALTHY LIVING Other Contracted Services Classes/Programs/Events Check# Amount Vendor/Explanation Account Description Business Unit Explanation 200343 101 GRAND PERE WINES INC Wine Imported Prairie View Liquor Store 199662 101 GRANT,DANIEL OR MELISSA AR Utility Water Enterprise Fund 200489 98 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 200356 96 JACO,LLC Misc Taxable Den Road Liquor Store 199700 95 KERNS,LORI Awards Organizational Services 199892 95 EDEN PRAIRIE APPLIANCE Contract Svcs-Plumbing Police City Center 199679 92 HERRIG,JEFF Other Contracted Services Softball 200140 92 HEALY,STEPHEN Other Contracted Services Softball 200141 92 HERRIG,JEFF Other Contracted Services Softball 199670 90 HALL,TOM AR Utility Water Enterprise Fund 199614 90 CALIFORNIA CONTRACTORS SUPPLIE Operating Supplies Utility Operations-General 200107 90 COMCAST Wireless Subscription IT Operating 199638 90 DIRECTV Cable TV Community Center Admin 200222 89 STAPLES ADVANTAGE Office Supplies Customer Service 200036 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 199699 86 KEEPERS Clothing&Uniforms Police 199871 86 CAT&FIDDLE BEVERAGE Transportation Prairie View Liquor Store 199941 86 JENSEN,MICHAEL Mileage&Parking Tree Disease 200065 86 WORM,SANDY Landscape Materials/Supp Park Maintenance 200093 85 BATTERIES PLUS Supplies-Fire/Life/Safety City Hall-CAM 199692 85 JERSEY BROTHERS PIZZA Cash Over/Short General Fund 199701 85 KETTLE KORN FACTORY,THE Cash Over/Short General Fund 199810 85 WESTRUM'S QUALITY FOODS Cash Over/Short General Fund 199797 84 TWIN CITY FILTER SERVICE INC Equipment Repair&Maint Water Treatment Plant 199795 84 TROPICANA CHILLED DSD Merchandise for Resale Concessions 199925 84 HADSALL,RYAN AR Utility Water Enterprise Fund 200040 83 UNIFORMS UNLIMITED Clothing&Uniforms Police 199805 83 WAHLS ENTERPRISES Equipment Repair&Maint Park Maintenance 199741 82 PELTIER,TIMOTHY Supplies-Fire/Life/Safety City Center Operations 199851 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 199924 81 GUNE,JUWERIE Accounts Receivable Community Center Admin 200011 79 RAY N WELTER HEATING Mechanical Permits General Fund 199798 77 UNDHEIM,NAOMI Mileage&Parking Community Center Admin 199688 75 INTEGRA TELECOM Equipment Repair&Maint IT Operating 199710 75 MARK,GRACE Accounts Receivable Community Center Admin 200355 75 ISFSI Dues&Subscriptions Fire 200384 75 MECA Dues&Subscriptions Storm Drainage 199889 74 DOLLERSCHELL,JOHN Operating Supplies Classes/Programs/Events 199708 71 LINMAN-STUNES,SAMANTHA Mileage&Parking Tree Disease 200333 71 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 200457 71 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 200076 70 MAGC Miscellaneous Administration 199812 70 WINE&SPIRITS Dues&Subscriptions Den Road Liquor Store 200403 69 NAMTVEDT,MARK AR Utility Water Enterprise Fund 199601 69 BANNIE,SHARON Accounts Receivable Community Center Admin 200294 69 ANDREWS,TERRY S Other Contracted Services Softball 200488 67 MOCK,JACOB Mileage&Parking Storm Drainage 200336 67 FERRELLGAS Motor Fuels Fleet Operating 200399 64 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 199906 64 FSH COMMUNICATIONS LLC Telephone Round Lake 200161 64 LARSON,MARIETTA Accounts Receivable Community Center Admin 200438 64 SHRED-IT Waste Disposal City Center Operations Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199632 63 CULLIGAN BOTTLED WATER Operating Supplies Fire 199735 63 NUCO2 INC Supplies-Pool Pool Maintenance 200106 63 CHOICE INC Other Contracted Services Prairie Village Liquor Store 200433 62 SCHMIEG,KEVIN Operating Supplies Inspections-Administration 200219 61 SPRINT Telephone Engineering 199860 60 BLACK,KARMEN Accounts Receivable Community Center Admin 200380 60 MARUSKA,JULIE Accounts Receivable Community Center Admin 200316 58 COMCAST Operating Supplies Fire 199883 58 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 199870 58 CARLSTEDT,ALEX Operating Supplies Playgrounds 200167 57 MATOUSEK,NOAH Accounts Receivable Community Center Admin 200255 56 BALES,JACK Other Contracted Services Teen Work Program 200271 56 NORTON,NICHOLAS Other Contracted Services Teen Work Program 200277 56 STEVENSON,ANDREW Other Contracted Services Teen Work Program 199878 56 CONTINENTAL CARBONIC PRODUCTS Repair&Maint.Supplies Water Treatment Plant 200124 54 FOSTER,KATHERINE Other Contracted Services Volleyball 200128 54 GODWIN-LEMKE,STACY Other Contracted Services Volleyball 200148 54 JERDE,BRENDA Other Contracted Services Volleyball 200298 53 BATTERIES PLUS Operating Supplies General Facilities 199935 53 HOEFT,SHARI Mileage&Parking Community Center Admin 200003 52 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Water System Maintenance 199752 51 POMP'S TIRE SERVICE INC Equipment Parts Fleet Operating 200407 50 OLSEN COMPANIES Repair&Maint.Supplies Infiltration/Inflow Study 199787 50 SYVERSON,HARLAN Accounts Receivable Community Center Admin 199930 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 200188 50 OLSON,JONATHAN Accounts Receivable Community Center Admin 200211 50 SARLES,DON Accounts Receivable Community Center Admin 200235 50 USPCA REGION 18 Tuition Reimbursement/School Police 200285 49 A TO Z RENTAL CENTER Landscape Materials/Supp Street Maintenance 199717 49 METRO SALES INCORPORATED* Office Supplies Water Treatment Plant 200310 46 CAWLEY COMPANY,THE Clothing&Uniforms Community Center Admin 200075 46 KARST,JOAN E Cleaning Supplies Community Center Maintenance 199647 45 FAGNANT,SUSAN Instructor Service Outdoor Center 200313 43 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 200000 42 PLOSZAY,ANDREA Mileage&Parking Community Center Admin 200231 42 TYSK,AUTUMN Accounts Receivable Community Center Admin 200283 42 YOUNG,KONRAD Other Contracted Services Teen Work Program 200442 42 SOULE,NANCY Accounts Receivable Community Center Admin 200063 42 WOOD,CHRIS Training Supplies Police 200357 42 JANEX INC Supplies-Plumbing City Hall-CAM 199868 40 CAMPBELL KNUTSON,P.A. Legal WAFTA 199591 40 ALDRITT,JACKIE&JOHN Deposits Community Center Admin 199629 40 COFFMAN,WILLIAM&CAROL Deposits Community Center Admin 199654 40 FUGLESTEN,BONNIE&LARRY Deposits Community Center Admin 199747 40 PHAM,KATIE&TRUNG Deposits Community Center Admin 199770 40 SARLES,DONALD&KATHLEEN Deposits Community Center Admin 199819 40 WITTENBERG,PEGGY Deposits Community Center Admin 200160 39 LANO EQUIPMENT INC Equipment Parts Fleet Operating 199610 39 BLAIR,LORI AR Utility Water Enterprise Fund 199801 38 VEAYNTRUB GOUP,THE AR Utility Water Enterprise Fund 200142 38 HIRSHFIELD'S Repair&Maint.Supplies Utility Operations-General 200295 37 ARNDT,DALE Small Tools Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 200204 37 PROSOURCE SUPPLY Cleaning Supplies Community Center Maintenance 200229 36 TURNING TECHNOLOGIES,LLC Operating Supplies Elections 199857 34 BERGSTROM-DELEON,HANNAH Accounts Receivable Community Center Admin 199901 34 FERRELLGAS Motor Fuels Fleet Operating 200078 34 MOORE,MARLA AR Utility Water Enterprise Fund 199646 34 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 199897 34 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 199755 32 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 199772 32 SCHARBER&SONS Equipment Parts Fleet Operating 199884 32 DEGENSTEIN,RUTH Accounts Receivable Community Center Admin 199911 32 GERMSCHEID,DEB Accounts Receivable Community Center Admin 200353 32 HUSSEIN,DEKA Accounts Receivable Community Center Admin 199778 32 SHRED-IT Office Supplies Community Center Admin 200454 31 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 200347 31 GROTH MUSIC Operating Supplies Community Band 200358 30 JENKINS,JOEL S Other Contracted Services Softball 199951 29 KRAEMERS HARDWARE INC Repair&Maint.Supplies Utility Operations-General 200419 28 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 199956 27 LARSON,DOROTHY Accounts Receivable Community Center Admin 199669 27 HALL,DONALD AR Utility Water Enterprise Fund 200120 27 ENTER,SCOTT Accounts Receivable Community Center Admin 199653 25 FRIAS,PILAR Accounts Receivable Community Center Admin 199751 24 POKORNY COMPANY Supplies-General Bldg Prairie View Liquor Store 200421 24 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 200389 24 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 200370 24 KRAEMERS HARDWARE INC Repair&Maint.Supplies Utility Operations-General 199962 24 MCCARTHY,WILLIAM AR Utility Water Enterprise Fund 200319 23 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 199728 22 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 200396 22 MINNESOTA WANNER COMPANY Operating Supplies Park Maintenance 199905 21 FRANKLIN,WOODROW G Clothing&Uniforms Reserves 199611 21 BODEM,ADAM AR Utility Water Enterprise Fund 200092 21 AT&T MOBILITY Pager&Cell Phone Park Maintenance 200251 20 YAHOO! Other Contracted Services Police 199899 20 FASTENAL COMPANY Equipment Repair&Maint Park Maintenance 199592 20 ALTHOFF,MARY A Deposits Community Center Admin 199597 20 ARPON,RITA Deposits Community Center Admin 199604 20 BEAN,NELLA Deposits Community Center Admin 199605 20 BEARD,MICHELLE Deposits Community Center Admin 199606 20 BECKER,MARY Deposits Community Center Admin 199623 20 CHAMPION PLUMBING Cash Over/Short General Fund 199624 20 CHEN,MEIYUN Deposits Community Center Admin 199627 20 CLARK,GARY Deposits Community Center Admin 199633 20 DAHLOF,ABBY Deposits Community Center Admin 199651 20 FINBERG,LINDA Deposits Community Center Admin 199667 20 GUST,JAMES Deposits Community Center Admin 199671 20 HANSON,MICHAEL Deposits Community Center Admin 199676 20 HEITKAMP,JODI Deposits Community Center Admin 199683 20 HOYLE,LISA Deposits Community Center Admin 199691 20 JENSEN,DENELLE Deposits Community Center Admin 199705 20 LEKANG,TYLER Deposits Community Center Admin 199711 20 MASCARENAS,THOMAS Deposits Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 199716 20 MESHBESHER,MARLEE Deposits Community Center Admin 199733 20 NICHOLS,LINDA Deposits Community Center Admin 199738 20 PARKER,ANN W Deposits Community Center Admin 199744 20 PETERSON,DAVID J Deposits Community Center Admin 199745 20 PETERSON,DEAN Deposits Community Center Admin 199756 20 PROCTOR,MILDRED Deposits Community Center Admin 199766 20 ROONEY,AUDREY Deposits Community Center Admin 199769 20 SANDEEN,REBEKA Deposits Community Center Admin 199771 20 SCHAAF,GEORGE Deposits Community Center Admin 199777 20 SHONTS,LYNNE Deposits Community Center Admin 199788 20 TANUBRATA,RENDY Deposits Community Center Admin 199802 20 VENGASANDRA,SRIKANTH Deposits Community Center Admin 199808 20 WANG,YINGXIN Deposits Community Center Admin 199824 20 WU,XIAOMING Deposits Community Center Admin 200018 20 SIMON,VERNIKKI Accounts Receivable Community Center Admin 200287 19 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 200202 18 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 200042 17 UPS Postage Water Treatment Plant 200483 17 DAY DISTRIBUTING Beer Prairie View Liquor Store 200073 15 ANGELL-AIRE Cash Over/Short General Fund 200338 15 GAYTHER,MAARIE Accounts Receivable Community Center Admin 199603 15 BATTERIES PLUS Equipment Parts Fleet Operating 200019 14 SOTO,RICARDO Accounts Receivable Community Center Admin 200216 14 SIMON,VERNIKKI Accounts Receivable Community Center Admin 199915 13 GORES,MARK AR Utility Water Enterprise Fund 200232 13 UNIFORMS UNLIMITED Clothing&Uniforms Police 199704 13 LANO EQUIPMENT INC Equipment Parts Fleet Operating 199948 12 KAIRIES,PAM AR Utility Water Enterprise Fund 199997 10 PERRY,MARGARET AR Utility Water Enterprise Fund 200369 10 KOLLANDER,LILLIAN Accounts Receivable Community Center Admin 200484 10 DOLLERSCHELL,JOHN Accounts Receivable Community Center Admin 200460 10 VAN GOETHEM,TANA Accounts Receivable Community Center Admin 200049 10 VON RUDEN-DOLL,ANGIE Accounts Receivable Community Center Admin 200179 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 200400 9 MODERN HEATING&AIR CONDITION Cash Over/Short General Fund 199737 8 OLSON,LISA Accounts Receivable Community Center Admin 200110 8 DAHL,GAYLE Accounts Receivable Community Center Admin 200158 8 KRYZER,BETH Accounts Receivable Community Center Admin 200180 5 MINNESOTA WANNER COMPANY Operating Supplies Park Maintenance 200163 5 LINDEN,ROSE Accounts Receivable Community Center Admin 200439 5 SIMPLEXGRINNELL LP Cash Over/Short General Fund 199672 4 HANSON,RUSSELL W Accounts Receivable Community Center Admin 200079 4 ONSITE MECHANICAL Cash Over/Short General Fund 200054 3 WIBLEY,KELLEY AR Utility Water Enterprise Fund 6,346,473 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions August 17, 2010 ITEM DESCRIPTION: ITEM NO.: XI.A. DEPARTMENT/DIVISION: Resolution electing to continue participating in the Community Development: Local Housing Incentives Account Program under Janet Jeremiah the Metropolitan Livable Communities Act Requested Action Move to: Adopt Resolution electing to continue participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for calendar years 2011 through 2020. Synopsis Participation in the voluntary Metropolitan Livable Communities Act Local Housing Incentives Account (LCA LHIA)provides the City with the opportunity to compete for grants and loans to support activities that help the City meet its affordable and life cycle housing goals, clean up polluted sites, and support demonstration projects linking jobs, housing and transit. The City previously elected to be a participant and has been approved for grants. In order to continue participating over the next decade, the City must adopt a resolution agreeing to certain affordable and life cycle housing goals established by the Metropolitan Council based upon our projected employment and housing growth. There are no sanctions for a community not meeting its adopted goals. Background Information On July 2, 2010, the City Council received copies of a letter from the Metropolitan Council dated June 25, 2010 regarding our continued participation in the Livable Communities Local Housing Incentives Account(see attachment). The letter outlines the City's goals for affordable and life- cycle housing from 2011 through 2020. Based upon our projected employment and household growth over the next decade (as adopted in our latest Comprehensive Plan), the Metropolitan Council has established Eden Prairie's affordable housing goal range as 1,198 to 1,843 units and our life-cycle housing goal range as 1,840 to 3,500 units over the next decade. The Metropolitan Council is asking the City to pass a resolution incorporating these goals and provide a copy to the Metropolitan Council no later than September 1, 2010. Additionally, the Metropolitan Council is requiring cities participating in the program to develop a Housing Action Plan before December 1, 2010. Much of that Action Plan has already been adopted into our Comprehensive Plan. On July 20, 2010, the City Council heard a report from the Community Development Director regarding this matter. While the goals are very aggressive and dependent upon a rebound in development activity, there are no sanctions if the City does not meet the goals. However, there could be serious ramifications from discontinuing participation in the LCA LHIA program, including potential forfeiture of an approved $848,300 Livable Communities grant to the City for roadway and storm water improvements related to the future Presbyterian Homes redevelopment. Attachments > Proposed Resolution of Participation in the Local Housing Incentives Account Program ➢ June 25, 2010 Letter from the Metropolitan Council > Household Growth Projections Table from Eden Prairie's adopted Comprehensive Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2010- _ RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2011 THROUGH 2020 WHEREAS,the Metropolitan Livable Communities Act(Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS,the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan-area municipalities; and WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS,the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS,previously negotiated affordable and life-cycle housing goals for municipalities participating in the Local Housing Incentives Account Program expire in 2010; and WHEREAS, a metropolitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if: (a)the municipality elects to participate in the Local Housing Incentives Program; (b)the Metropolitan Council and the municipality successfully negotiate new affordable and life-cycle housing goals for the municipality; (c)the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and(d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and Life-Cycle Housing Opportunities Amount(ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. NOW, THEREFORE, BE IT RESOLVED THAT the City of Eden Prairie: 1. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2011 through 2020. 2. Agrees to the following affordable and life-cycle housing goals for calendar years 2011 through 2020: Affordable Housing Goals Range Life-Cycle Housing Goals Range 1,198 — 1,843 units 1,840—3,500 units 3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to take to meet its established housing goals. ADOPTED by the City Council on August 17, 2010. Phil Young,Mayor ATTEST: Kathleen Porta, City Clerk ® Metropolitan Council June 25, 2010 Mr. Scott Neal City Manager City of Eden Prairie 8080 Mitchell Rd Eden Prairie MN 55344-2230 Dear Mr. Neal: The City of Eden Prairie previously elected to be a participant in the Metropolitan Livable Communities Act Local Housing Incentives Account (LCA LHIA). Participation in the voluntary LCA LHIA provides the City with the opportunity to compete for grants and loans to support activities that help the City meet its affordable and life cycle housing goals, clean up polluted sites, and support demonstration projects linking jobs, housing and transit. The City's previously adopted LCA LHIA affordable and life cycle housing goals were negotiated with the Metropolitan Council for the period 1996 — 2010. Those goals are indicated in Enclosure A. If the City elects to continue its participation in the LCA, it must establish new affordable and life-cycle housing goals for the next decade (2011 through 2020). As part of the City's recently submitted 2030 Comprehensive Plan Update, it acknowledged its fair share of the region's affordable housing need. For the City of Eden Prairie the fair share number is 1,843 units over the next 10 years. Although the Council fully supports the need for this total number of new affordable units over the next decade, it also acknowledges the reality of limited funding available to create new affordable housing opportunities. For this reason, the Council asks the City establish its LCA affordable housing goal as a range of 1,198 to 1,843 units for the period 2011 to 2020 with the low end of the range representing the number of units that can be accomplished at currently available funding levels region-wide. Regarding the City's life-cycle housing goal to diversify the type and density of housing to meet residents' changing housing needs and preferences, the Council asks the City establish a goal range of 1,840 to 3,500 units over the next decade. The low end of the range represents the community's total share of the region's affordable housing need and the high end is the potential number of units permitted by the land use guiding in the City's 2030 Plan Update for medium, high, mixed use, redevelopment, TOD or similarly named residential development, or the total forecasted household growth for the community to 2020, whichever number is less. www.me(rocounci1.org 390 Robert Street North • St. Paul, MN 55101-1805 • (651) 602-1000 • Fax(651) 602 1550 • TTY(651) 291-0904 An Eq,In!Opporturtill�2?niployer City of Eden Prairie, Cont. Enclosed with this letter is a listing of the grants awarded to the City of Eden Prairie through the LCA and a list of projects the City applied for, but where funding was not awarded. See Enclosure B. To make official the City's decision to continue participation in the LCA, the Metropolitan Council is asking the City to adopt these new affordable and life-cycle housing goal ranges, by passing a resolution that incorporates the numbers described above. A sample resolution is enclosed; however, the City may craft the resolution in the manner that best meets its needs as long as the affordable and life-cycle goals are part of the resolution. The Council asks that the City pass a resolution and provide a copy to the Council no later than September 1, 2010. See Enclosure C. Additionally, before December 1, 2010 the City must develop a Housing Action Plan outlining the steps the City will take to help meet its LCA goals. Much, if not all of this Action Plan can be taken from the housing implementation section of the City's Comprehensive Plan Update. A checklist to assist in the development of the Housing Action Plan is attached as Enclosure D. We have also attached an information item about the LCA, (Enclosure E), and additional information is available on the Council's website at http://www.metrocouncil.org/planning/index.htrn The LCA emphasizes cooperation and incentives to achieve goals. The Metropolitan Council looks forward to continuing to work with the City through its continued voluntary participation in the LCA to continue to meet the affordable and life-cycle housing needs of the City and the region. If you have any questions or need additional information please feel free to contact your Council staff Sector Representative, Jim Uttley, at (651) 602-1361 or jim.uttley@mete.state.mn.us. metc.state.mn.us. Sincerely, Guy Peterson, Director, Community Development Division Metropolitan Council Enclosures for the City of Eden Prairie: A: 1996 to 2010 LCA Goals B: Funded and unfunded LCA projects/grants C: Sample city resolution D: Housing Action Plan checklist E: Information on the LCA cc: Jim Uttley, Sector Representative Enclosure A City of Eden Prairie Livable Communities Act (LCA)Goals* 1996-2010 New Affordable Ownership Units: 1,485 New Affordable Rental Units: 330 New Rental Units -All: 1,650 * When communities established LCA goals in 1995, the goals were expressed as percentages of the communities' housing stock (ownership and rental).The numbers above represent the unit numbers extrapolated from the percentages. Enclosure B Funded and Unfunded Projects/Grants Funded LCA Grants 1996 - 2009 for the City of Eden Prairie 1997 $300,000 Edenvale Townhomes 2009 $848,300 Presbyterian Homes Unfunded LCA Grants 1996 - 2009 for the City of Eden Prairie 2000 $2,650,000 Southwest Station 1999 $1,400,000 Southwest Station 2006 $2,045,000 Town Center Phase Enclosure C Sample Resolution RESOLUTION NO. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2011 THROUGH 2020 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan-area municipalities; and WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, previously negotiated affordable and life-cycle housing goals for municipalities participating in the Local Housing Incentives Account Program expire in 2010; and WHEREAS, a metropolitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life-cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and Life-Cycle Housing Opportunities Amount(ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. NOW, THEREFORE, BE IT RESOLVED THAT the {specific municipality}: 1. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2011 through 2020. 2. Agrees to the following affordable and life-cycle housing goals for calendar years 2011 through 2020: Affordable Housing Goals Range Life-Cycle Housing Goals Range {insert goal ranges for the specific {insert goal ranges for the specific municipality} municipality} 3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to take to meet its established housing goals. Approved: , 2010. By: By: Mayor Clerk Enclosure D Metropolitan Livable Communities Act Housing Action Plan Checklist In preparing a Livable Communities Act (LCA) Action Plan, a community should consider a number of factors before deciding which implementation efforts it will identify and undertake to expand affordable and fife-cycle housing opportunities. A community should consider its housing situation, land availability, forecasted household and employment changes and any number of applicable demographic characteristics and trends that should influence its housing implementation efforts. The Action Plan should not only address the kinds of implementation efforts to be employed, but, where possible, the general timeframe in which they will be undertaken. The Plan should identify, as best as possible, the number of households to be assisted, or housing units to be produced or rehabilitated through the various programs and activities that will be pursued. Also, to the degree possible, the plan should identify the income levels of the households to be assisted, e.g. the number or percent with very low, low and moderate incomes. Finally, where possible, it should identify the efforts that will be targeted specifically to the elderly, large families, homeowners and renters. The degree to which the Plan specifically identifies local needs and the intended beneficiaries of local actions is ultimately the community's decision. There is no single "correct" format or minimum requirement for how a community attempts to address this information in its Action Plan. Understanding its current and future housing needs, and who can and should benefit from its housing efforts is a practical and prudent step, and should be the basis for the housing implementation activities of any community. There are a number of programs and local fiscal and official control initiatives that can be undertaken by communities to expand or preserve affordable and life-cycle housing. This Action Plan Checklist is intended to assist communities in identifying from among the myriad implementation tools, those activities suited to their particular needs and capacity to deliver. Housing Assistance Programs An Action Plan to implement the community's LCA goals should identify the housing assistance programs to be used by and in the community, and, where possible, the best estimate of how many households will be helped by such programs each year or over the period of years covered by the Action Plan. A number of programs provide renter assistance and below-market-rate home mortgage programs. Some involve little or no administration or oversight by the city, although most require a city's consent. A list of existing housing assistance programs which a community may use, or encourage or facilitate private market interests to use include the following: 1 2010 Housing Action Plan Checklist Federal Government • Section 8 Rental Vouchers and Certificate Programs • Shelter Plus Care (S+C) Minnesota Housing Finance Agency • Minnesota Mortgage Program • Community Activity Set Aside (CASA) Program • Homeownership Assistance Fund • HOME HELP • Homeownership Opportunity Program • Urban Indian Housing Program Tribal Indian Housing Program • Land Acquisition for Affordable New Development (LAAND) Initiative • Minnesota City Participation Program • Housing Trust Fund Rental Assistance (HTF-RA) • Bridges Twin Cities Habitat for Humanity Local Community Land Trusts Housing Development Programs The Action Plan may set forth specific new construction or housing rehabilitation efforts to expand or preserve the community's stock of affordable rental housing. A limited number of tools are available to support the construction or rehabilitation of low-and moderate-income housing. These programs include the following: Federal Government • Public Housing • Supportive Housing Demonstration Program - Transitional Housing Component • Federal Home Loan Bank - Affordable Housing Program • Home Investment Partnership Program (HOME) • Section 202 - elderly • Section 811 - handicapped Minnesota Housing Finance Agency • Housing Tax Credit Program (HTC) • Low and Moderate Income Rental Program (LMIR) • Economic Development and Challenge Program (EDHC) • Preservation Affordable Investment Fund (PARIF) • Publicly Owned Housing Program (POHP) • Ending Long Term Homelessness Initiative Fund (ELHIF) • Flexible Financing for Capital Costs (FFCC) • Land Acquisition for Affordable New Development (LAAND) Initiative 2 2010 Housing Action Plan Checklist Metropolitan Council • Local Housing Incentives Account • Livable Communities Demonstration Account • Land Acquisition for Affordable New Development (LAAND) Family Housing Fund • Metropolitan Housing Resource Program Twin Cities Habitat for Humanity Community Land Trusts Local Government • Conduit revenue bonds • General obligation bonds • Housing revenue bonds • Taxable revenue bonds • Land write-down or sale • Credit enhancements • Sanitary sewer rate adjustments • Demolition ordinances • Local community mortgage assistance programs • Mortgage Revenue Bonds • Low-income housing Tax Credits • Local fee waivers or reductions • Local tax abatement • Local property tax levy • Tax-increment financing (TIF) Housing Maintenance Rehabilitation and Redevelopment Programs A variety of programs are available to address maintenance, rehabilitation and redevelopment. The Action Plan should identify any or all of a number of potential programs or activities the city may employ including the following: Federal Government • Federal Home Loan Bank -Affordable Housing Program • Home Investment Partnership Program (HOME) • HOPE III Minnesota Housing Finance Agency • Housing Tax Credit Program (HTC) • Low and Moderate Income Rental Program (LMIR) • Economic Development and Housing Challenge Program (EDHC) • Preservation Affordable Investment Fund (PARIF) • Publicly Owned Housing Program (POHP) 3 2010 Housing Action Plan Checklist • Ending Long Term Homelessness Initiative Fund (ELHIF) • Flexible Financing for Capita! Costs (FFCC) • Rental Rehab Loan Program • Community Revitalization Fund • Fix-Up Fund • Community Fix-Up Fund • Rehabilitation Loan Program Metropolitan Council • Livable Communities Demonstration Account Family Housing Fund • Metropolitan Housing Resource Program Twin Cities Habitat for Humanity Local Community Land Trusts Local Government • Adoption and enforcement of a local housing maintenance code • CDBG supported rehab programs • Housing improvement and rehabilitation areas • Foreclosure awareness/prevention workshops • Housing remodelers fair • Weatherization programs • Code compliance programs • Local community first-time homebuyer financial program • Scattered site housing replacement program • Home repair/maintenance resource center for seniors • Point of sale program • Deferral or forgiveness of development fees • Transitional Housing Partnership Local Initiatives Though considerably more restricted than in the past, state and federal laws permit local governments to implement fiscal initiatives to generate capital to assist development or redevelopment to create affordable and life-cycle housing. The Action Plan should include the community's short- and long-term expectations and intentions regarding the use of these fiscal tools such as the following: Federal Government • Community Development Block Grants (CDBG) Minnesota Housing Finance Agency • Nonprofit Capacity Building Revolving Loan Program • Land Acquisition for Affordable New Development (LAAND) Initiative 4 2010 Housing Action Plan Checklist Local Government • Participation in Livable Communities Local Housing Incentives Program to access funding resources through the Local Housing Incentives Account, Livable Communities Demonstration Account and Tax Base Revitalization Account. • See expanded listings of local initiatives under Housing Development and Housing Rehabilitation and Redevelopment Programs sections. Local Official Controls and Approvals Local controls - zoning, subdivision regulation, building code, design requirements for public improvements and the approvals process - impact both the type and cost of new housing. In doing so, however, they provide communities with a wide range of opportunities to make changes in these controls that can expand local affordable and life-cycle housing options. In preparing LCA Action Plans and in addressing future local housing development issues, communities should pledge to examine and evaluate the impact of a number of their local controls on the cost of residential development and redevelopment. The following is a checklist of local controls and requirements that a community, in preparing its LCA Action Plan, might propose to review and evaluate in the immediate future to determine if they are adequate, insufficient or unnecessarily excessive and should be revised, added to or eliminated. These controls and regulations may include: • Sufficient available undeveloped or underutilized land guided or zoned for medium and high density residential development or redevelopment. • Planned unit, mixed-use and cluster development ordinances that include potential residential density bonuses and transfers. • The flexibility to employ zero lot line development or other innovative site planning techniques. • The length and complexity of the local approvals process. • Environmental regulations such as tree and wetland preservation requirements that are stricter than those required by state law or regional policy. • Local requirements regarding: o minimum lot sizes and widths o minimum floor area o increased building height flexibility o garage and off-street parking variances o set-back requirements o inclusion of private streets in subdivision development o sidewalks or non-motorized pathways o park and trail dedications o minimum right-of-way, pavement widths and depth for different streets • o storm sewer design - pipe diameter, distance between catch basins, etc. o street lighting o trees, tree replacement and foliage 5 2010 Housing Action Plan Checklist o landscaping costs o allow alternative construction methods (building materials, exterior surfaces, etc.) o special or conditional use permits o development fees for off-site public improvements - e.g. park, trail and road fees o soil correction variances o service availability charge (SAC) credits o issuance of e-permits o inclusionary housing requirement Authority for Providing Housing Programs The Action Plan should describe what authority the city has for operating housing programs and the activities of the organizations or entities that administer the programs and/or also describe arrangements the city may have with other public or nonprofit organizations that provide housing related services to the city. • Local governmental unit, HRA, CDA, or EDA • County HRA, CDA or EDA • Community Action Program Agency 6 2010 Housing Action Plan Checklist Enclosure E The Livable Communities Act (LCA) The Minnesota Legislature created the Livable Communities Act (LCA) in 1995. The LCA is a voluntary, incentive-based approach to address the Metropolitan Area's affordable and lifecycle housing needs while providing funds to communities to assist them in carrying out their development plans. LCA funds have leveraged millions of additional dollars in private and public investment that has provided new jobs, housing choices, and business growth. The Legislature established the Metropolitan Livable Communities Fund, including three on-going accounts from which eligible communities could apply for funding: • The Tax Base Revitalization Account (TBRA) helps cities clean up contaminated urban land and buildings for subsequent redevelopment that could include commercial, industrial, or housing opportunities. Supporting redevelopment opportunities that restore the tax base, create or retain jobs, or add affordable housing to the region are the primary objectives of this account. Projects funded through the TBRA foster increased reinvestment and infill near existing housing and services and help clean up the environment and protect water quality in the region's urban communities. 0 From 1996 through 2009, $69.3 million in Tax Base Revitalization Account grants (238 grants in 38 communities) have assisted projects which are expected to: • Leverage $3.68 billion in private investment • Increase annual net tax capacity by $62.5 million • Create or retain over 31,000 jobs • Redevelop over 1,600 acres of former brownfields • The Livable Communities Demonstration Account (LCDA) funds public infrastructure and land assembly for development and redevelopment projects that achieve connected development patterns that link housing, jobs and services, maximize the development potential of existing or planned infrastructure and regional facilities, and expand affordable and life-cycle housing options in the region. LCDA awards have been used to revitalize communities and establish new neighborhoods as places for living, working, meeting daily shopping needs and recreation. The LCDA program is a popular funding source to help achieve regional and local community development objectives in the region's communities. Funded project elements have included land acquisition, street infrastructure, pedestrian connections, stormwater management infrastructure, and public-use structured parking to support additional density. LCDA funding is a catalyst that enables cities and developers to implement replicable models that expand development options in the market. 0 From 1996 through 2009, $81.8 million in Demonstration Account funds (155 grants to 49 communities and three multi-city coalitions) have assisted projects which are expected to: • Leverage nearly $2.95 billion in private development investment • Leverage over $1.1 billion in other public investment • Provide over 21,500 new housing units • Rehabilitate over 600 housing units - single-family houses, townhouses, condominiums, rental apartments for families and seniors, and live-work housing • Offer replicable examples of: 1 The Livable Communities Act • Redevelopment and infill development including revitalized inner-city communities with additional housing and job opportunities; redeveloped older suburban downtowns and neighborhoods with additional housing opportunities linked to neighborhood retail and commercial services and public spaces; • Development in newer suburban communities, including town centers, that connects jobs, a choice of housing types, retail and commercial services, and community activities in close proximity. • Provide better jobs/housing/transportation connections through added housing and services in locations well served by transit; • Assist projects in the predevelopment stage that show potential to evolve into projects that could be funded with LCDA development grants; and • Engage communities in working together to solve issues of regional and subregional concern. • The Local Housing Incentives Account (LHIA) helps preserve and expand lifecycle and affordable rental and ownership housing in the metropolitan area. LHIA grants have helped produce new and rehabilitated affordable rental and homeownership housing in 50 communities in the region, promoting the Council's policy to expand and preserve lifecycle and affordable housing options to meet changing demographic trends and market preferences, and to support the regions economic competitiveness. In some cases, a single city may be designated as the grantee for an award, while the actual housing units may be located in more than one city. 0 From 1996 through 2009, $20.4 million in Local Housing Incentives Account (LHIA) grants (115 grants to 50 communities) have assisted with gap financing in proposals that are expected to: • Leverage nearly $304 million in private investment • Stimulate over $191 million in estimated other public investment • Develop 1,888 new affordable rental units • Rehabilitate 717 affordable rental units • Develop 462 new affordable ownership units • Rehabilitate 352 affordable ownership units • Provide home improvement loans to over 1,100 homeowners • The Land Acquisition for Affordable New Development (LAAND loan program) In 2008, in partnership with the Minnesota Housing and the Family Housing Fund the Council initiated the Land Acquisition for Affordable New Development (LAAND) program using $4 million in LCDA funds to provide no-interest loans that would assist communities in efforts to address their affordable housing need. 0 In 2008 and 2009, the Council made 5 LAAND loans to 5 separate awardees, for a total of $4 million. The awardees were Hopkins, Minneapolis, Saint Paul, the Carver County Community Development Agency, and the Washington County Housing and Redevelopment Authority. These loans are expected to: • Help obtain site control of key parcels for future affordable housing projects • Result in projects with a minimum of 20% affordable housing units • The Inclusionary Housing Account (IHA) In 2000 and 2004 the Council awarded grants from a one-time appropriation of funds to support affordable housing developments in which the reduction of local controls and regulations resulted in reduced development costs. The account is currently unfunded. 2 The Livable Communities Act 0 In 2000 & 2004 the Council awarded Inclusionary Housing Account (IHA) grants totaling almost $4.6 million (13 grants to 8 communities) to assist with gap financing for projects that were expected to: • Include $125 million in total development investment • Help develop 134 new affordable condominiums and townhomes • Help develop 578 new rental units-271 of which are affordable to lower income households Total LCA Awards From 1996 through 2009, the Metropolitan Council awarded a total of $198,731,459 in 578 grants and loans. Over 90% of these LCA awards have been used to move forward to completion projects that have leveraged over $9 billion in private and other public investment, created over 24,000 housing units and nearly 31,000 jobs while adding over $62 million to the metro area tax base. During this timeframe, 52 awards have been relinquished in full or in the majority, for a net award total of $175,682,248 in 526 grants. Applicant Eligibility In order to be eligible to compete for this funding, the LCA requires interested communities to: • negotiate long-term affordable and lifecycle housing goals with the Metropolitan Council; • have in place an LCA Housing Action Plan to identify and give direction to the city's use of programs, official controls and fiscal devices to help accomplish these negotiated goals; and • contribute toward or expend locally a specified amount of local resources for affordable housing each year they participate in the program. This contribution, or expenditure, is called the Affordable and Life-Cycle Housing Opportunities Amount (ALHOA) and is an amount equal to the community's Livable Communities Demonstration Account levy. Communities must expend or contribute at least 85% of their annual ALHOA obligation annually. Communities have some flexibility in determining which local expenditures fulfill the ALHOA contribution. Examples of ALHOA-qualifying expenditures include housing assistance, development or rehabilitation efforts, the costs of local housing inspection and code enforcement, and local taxes to support a local or county Housing and Redevelopment Authority. Conclusion The Livable Communities Act funding has been a valuable tool to help metropolitan area communities: • Build stronger communities through infill redevelopment of brownfields, tax base growth, and new jobs • Provide neighborhoods throughout the region with more housing opportunities linked to a mix of neighborhood retail and commercial services, and public spaces • Increase public/private investment to develop, improve, and preserve affordable and lifecycle housing (This document was adapted by Livable Communities staff on 6-21-10 from a document.prepared for the 2009 American Planning Association Conference entitled Twin Cities Livable Communities Projects) 3 The Livable Communities Act Table 4.7 Metropolitan Council and Eden Prairie Housing Forecasts for Eden Prairie,2010-2030 Metropolitan Council Eden Prairie Year Forecast_ Forecast 2010 24,200 25,000 2020 25,500 _ 28,500 2030 26,500 32,961 Source: Metropolitan Council,August 24,2005 City of Eden Prairie,2006 CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.B. Leslie Stovring First Reading of Ordinance Amending Public Works/Engineering Section 9.71 of the City Code Relating to Maintenance of Vegetation Requested Action Move to: Approve first reading of the Ordinance Amending Section 9.71 of the City Code Relating to Maintenance of Vegetation. Synopsis City Code Section 9.71 was adopted in 2002 to allow the use of native plantings to encourage water conservation and habitat enhancement. This amendment is the result of a request by the Margaret A. Cargill Foundation at 6875 Rowland Road to allow native plantings to extend from the adjoining wetland and wooded areas along their lot to the edge of the right-of-way. The proposed change would allow the landscaping to blend into these areas. In addition, the Foundation is developing the site with the intent of achieving LEED Certification through the U.S. Green Building Council. The native landscaping would be designed to meet the goals of the Foundation for water efficient grounds through the use of native landscaping. This ordinance amendment would only allow native landscape areas in unique situations, where there is a generous right-of-way. In addition, all plans must be designed to specific standards by a registered landscape architect. Attachment Attachment 1 -Native Plant Ordinance Attachment 2—Margaret A. Cargill Request AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 9.71 RELATING TO MAINTENANCE OF VEGETATION AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1 - City Code Chapter 9—Section 9.71 is amended to add subdivision 3, C. as follows: Subd. 3. C. To Native Plant Landscape Areas subject to a landscape plan: 1. An owner or occupant of a lot or parcel of land may apply for a permit to install Native Plant Landscape Areas within the twenty foot set back required by Subd. 3.B.1. of this Section. The permit shall be issued by the City Manager or his designee. To obtain the permit the owner or occupant, or agent of such owner or occupant, of the lot or parcel of land shall submit an application on a form provided by the City and a landscape plan that includes the following information: a. General: Name and address of developer/owner; Name and address of landscape architect/designer; Date of plan preparation; Date and description of all revisions;Name of project or development. b. Site Map: One (1) scale drawing of the site based upon a survey of property lines with indication of scale and north point; Name and alignment of proposed and existing adjacent on-site streets; Location of all proposed utility easements and right of ways; Location of existing and proposed buildings; Topographic contours at two foot contour intervals; Existing and proposed location of parking areas; Water bodies; Proposed sidewalks; Percent of site not covered by impervious surface. c. Landscape Proposal: Two (2) scale drawings of the proposed project area(s) to a minimum scale of one inch equals 50 feet of proposed landscaping for the site based upon a survey of property lines with indication of scale and north point; Existing and proposed topographic contours using mean sea level datum at two foot contour intervals; Details of proposed planting beds and foundation plantings; Delineation of both sodded and seeded areas; Location and identification of proposed landscape or man made materials used to provide screening from adjacent and neighboring properties, a separate cross section drawing of which shall be provided at legible scale illustrating the effectiveness of proposed screening; Location and identification of trees; Details of fences, tie walls, planting boxes, retaining walls, tot lots, picnic areas, berms, and other landscape improvements, including a separate drawing of typical sections of these details in legible scale; Location of landscape islands and planter beds with identification of plant materials used, including separate drawings of typical sections of these areas in legible scale. d. Planting Schedule: A table containing the common names and botanical names, average size of plant materials, root specifications, quantities, special planting instructions, and proposed planting dates of all plant materials included in the Landscape Proposal. e. Maintenance Plan: A description of how the Native Plant Landscape Area will be maintained, including all activities necessary to sustain the plantings in the Native Plant Landscape area. 2. Permits issued to install Native Plant Landscape Areas in the set back required by Subd. 3.B.1. of this Section shall be subject to the following conditions: a. No landscaping is placed within any drainage utility easement, road right- of-way, or immediately adjacent to any driveway or road intersection when it would interfere with motorists' views of the street or roadway. b. The right-of-way between the curb and gutter or pavement edge (boulevard) to the Native Plant Landscape Area is at least 25 feet wide. c. The right-of-way boulevard is composed of regularly mowed turfgrass, trees, shrubs, mulch, wood chips, rock and/or gravel. d. The City Manager or his designee approves the Landscape Plan. e. The Native Plant Landscape Area must meet the requirements of Subd. 3B.2-3B.5 of this Section. f. The applicant provides such other information as the City Manager requests and complies with any other conditions deemed appropriate by the City Manager for the Native Plant Landscape Area. g. Plans shall be prepared by a registered landscape architect/designer. 3. Revocation: The Permit shall expire and be of no force and effect if the Native Plant Landscape Area is not completed pursuant to the approved Landscape Plan within three months of issuance of the permit. Section 2 - City Code Chapter 9— Section 9.71, Subd. 7.A. is amended to read as follows: Subd. 7. Notice A. Notice. Once a failure to comply with the height, setback, maintenance, weed, and annual cutting requirements as required by this Section is identified, notice of such failure shall be given by the City to the affected property owner. The notice shall state and describe the property affected; order and allow seven (7) days for the property owner to cause such vegetation to be cut, removed, treated for weeds, and/or maintained pursuant to an approved Landscape Plan required by Subd. 3.C. of this Section; that if such vegetation is not cut, removed, treated for weeds, and/or maintained pursuant to an approved Landscape Plan required by Subd. 3.C. of this Section, the City as a remedial action will cause such vegetation to be cut, removed and/or treated for weeds; that all costs thereof will be billed to the property owner payable within thirty (30) days; that if payment is not received within thirty (30) days, the costs will be assessed against the property from which such vegetation has been removed pursuant to and in accordance with Minn. Stat. § 429.101 or any similar provision hereinafter enacted; inform the property owner of the right to a hearing before the Council to appeal the notice in accordance with Subd. (C); and inform the property owner that upon filing of a timely appeal the time to comply with the notice is stayed pending a decision by the Council on the appeal. The notice shall be served in the same manner as set forth in Section 9.70, Subd. 6(E). Section 3 - City Code Chapter 1, "General Provisions and Definitions Applicable to the entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4—Effective Date—This Ordinance shall take effect upon its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 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 P:\Home\1614.009 - City Code -Public Protection, Crimes & Offenses\Section 9.71 - Tall Grass\Ordinance - 2010 06 22 ver 2 revised by SBG.doc P 612 455 298o closelandarch.com June 7, 2010 Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Leslie, I am writing to you today on behalf of my client, the Margaret A. Cargill Foundation, to request that the City of Eden Prairie Code section 9.71: `Maintenance of Vegetation' is revised to allow alternatives within the 20' required Native Plant Landscape Area Setback. Our project, located at 6875 Rowland Road, transforms an existing commercial building and site into a non-profit group headquarters using a design heavily focused on sustainability. The project is seeking LEED Certification through the US Green Building Council. The transformed sustainable landscape will use a highly efficient irrigation system from roof water collected into cisterns. New plant materials planned for the site focus on native species and require low water use. The client has elected to remove all existing turf grass from the site to minimize the use of water and fossil fuels, and to provide a natural filter for rainwater. In lieu of turf the client plans to install gardens and areas of seeded native grass plantings. The native grass mix will include both grass and flowering native perennial plants, and over time a portion of the site will be transformed into a native maple basswood forest. A five year maintenance program is included in this project, to be completed by the native plant installation contractor. The required 20' setback in Eden Prairie Code Section 9.71 is a hardship for this project. The site is a corner lot, and the open space available for transformation to a native grass landscape is at times less than 20' wide. The proposed location of the native grass installation will not have an impact on vehicular site lines. A generous right of way of nearly 20' to the south and 35' to the east of the site will be maintained by the MACF as mown turfgrass. LL This project site is bordered by Rowland Road and Shady Oak Road and is in a commercially zoned area. There are numerous examples of native vegetation near this site and the native treatment of the proposed landscape would not be out of character for the area. 400 1st Avenue North Suite 528,Minneapolis,MN 55401 N I ►:' le,s_F_�,i l �J..+:s t£k.kE3''3A k}_'s�d ..>3.,ry.•:.: The Margaret A. Cargill Foundation is strongly committed to sustainability and the planned project will be a favorable model of how to use native plants and sustainable principals to create a beautiful landscape. We would love the opportunity to move forward with our project and showcase how appealing a sustainable landscape can be. I would appreciate any help you may be able to provide to move this issue forward. Sincerely, Je M. arbarini CLOSE Landscape Architecture+ CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 08-5713 ITEM NO.: XI.C. Public Works/Environmental Second Reading of Ordinance Amending Services Section 9.71 of the City Code Relating to Leslie Stovring Maintenance of Vegetation Requested Action Move to: Approve Second Reading of an Ordinance Amending City Code Section 9.71 relating to maintenance of vegetation and adopt Resolution approving Summary Ordinance for Publication. Synopsis This second reading is being requested to accommodate the fall planting schedule for the Margaret Cargill Foundation plan. It will require a unanimous vote of Council to adopt the motion. Staff recommends approval for this unique location. Attachments Attachment 1 - Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 9.71 RELATING TO MAINTENANCE OF VEGETATION AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1 - City Code Chapter 9— Section 9.71 is amended to add subdivision 3, C. as follows: Subd. 3. C. To Native Plant Landscape Areas subject to a landscape plan: 1. An owner or occupant of a lot or parcel of land may apply for a permit to install Native Plant Landscape Areas within the twenty foot set back required by Subd. 3.B.1. of this Section. The permit shall be issued by the City Manager or his designee. To obtain the permit the owner or occupant, or agent of such owner or occupant, of the lot or parcel of land shall submit an application on a form provided by the City and a landscape plan that includes the following information: a. General: Name and address of developer/owner; Name and address of landscape architect/designer; Date of plan preparation; Date and description of all revisions;Name of project or development. b. Site Map: One (1) scale drawing of the site based upon a survey of property lines with indication of scale and north point; Name and alignment of proposed and existing adjacent on-site streets; Location of all proposed utility easements and right of ways; Location of existing and proposed buildings; Topographic contours at two foot contour intervals; Existing and proposed location of parking areas; Water bodies; Proposed sidewalks; Percent of site not covered by impervious surface. c. Landscape Proposal: Two (2) scale drawings of the proposed project area(s) to a minimum scale of one inch equals 50 feet of proposed landscaping for the site based upon a survey of property lines with indication of scale and north point; Existing and proposed topographic contours using mean sea level datum at two foot contour intervals; Details of proposed planting beds and foundation plantings; Delineation of both sodded and seeded areas; Location and identification of proposed landscape or man made materials used to provide screening from adjacent and neighboring properties, a separate cross section drawing of which shall be provided at legible scale illustrating the effectiveness of proposed screening; Location and identification of trees; Details of fences, tie walls, planting boxes, retaining walls, tot lots, picnic areas, berms, and other landscape improvements, including a separate drawing of typical sections of these details in legible scale; Location of landscape islands and planter beds with identification of plant materials used, including separate drawings of typical sections of these areas in legible scale. d. Planting Schedule: A table containing the common names and botanical names, average size of plant materials, root specifications, quantities, special planting instructions, and proposed planting dates of all plant materials included in the Landscape Proposal. e. Maintenance Plan: A description of how the Native Plant Landscape Area will be maintained, including all activities necessary to sustain the plantings in the Native Plant Landscape area. 2. Permits issued to install Native Plant Landscape Areas in the set back required by Subd. 3.B.1. of this Section shall be subject to the following conditions: a. No landscaping is placed within any drainage utility easement, road right- of-way, or immediately adjacent to any driveway or road intersection when it would interfere with motorists' views of the street or roadway. b. The right-of-way between the curb and gutter or pavement edge (boulevard) to the Native Plant Landscape Area is at least 25 feet wide. c. The right-of-way boulevard is composed of regularly mowed turfgrass, trees, shrubs, mulch, wood chips, rock and/or gravel. d. The City Manager or his designee approves the Landscape Plan. e. The Native Plant Landscape Area must meet the requirements of Subd. 3B.2-3B.5 of this Section. f. The applicant provides such other information as the City Manager requests and complies with any other conditions deemed appropriate by the City Manager for the Native Plant Landscape Area. g. Plans shall be prepared by a registered landscape architect/designer. 3. Revocation: The Permit shall expire and be of no force and effect if the Native Plant Landscape Area is not completed pursuant to the approved Landscape Plan within three months of issuance of the permit. Section 2 - City Code Chapter 9—Section 9.71, Subd. 7.A. is amended to read as follows: Subd. 7. Notice. A. Notice. Once a failure to comply with the height, setback, maintenance, weed, and annual cutting requirements as required by this Section is identified, notice of such failure shall be given by the City to the affected property owner. The notice shall state and describe the property affected; order and allow seven (7) days for the property owner to cause such vegetation to be cut, removed, treated for weeds, and/or maintained pursuant to an approved Landscape Plan required by Subd. 3.C. of this Section; that if such vegetation is not cut, removed, treated for weeds, and/or maintained pursuant to an approved Landscape Plan required by Subd. 3.C. of this Section, the City as a remedial action will cause such vegetation to be cut, removed and/or treated for weeds; that all costs thereof will be billed to the property owner payable within thirty (30) days; that if payment is not received within thirty (30) days, the costs will be assessed against the property from which such vegetation has been removed pursuant to and in accordance with Minn. Stat. § 429.101 or any similar provision hereinafter enacted; inform the property owner of the right to a hearing before the Council to appeal the notice in accordance with Subd. (C); and inform the property owner that upon filing of a timely appeal the time to comply with the notice is stayed pending a decision by the Council on the appeal. The notice shall be served in the same manner as set forth in Section 9.70, Subd. 6(E). Section 3 - City Code Chapter 1, "General Provisions and Definitions Applicable to the entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4—Effective Date—This Ordinance shall take effect upon its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 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 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 9 BY AMENDING SECTION 9.71 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 9 Section 9.71 of the City Code by adding a provision to allow native plant landscaping within the setback under specific conditions. 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 August 17, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: August 17, 2010 SECTION: Petitions, Requests and Communications DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.A. Community Development/Planning Baneberry HollowDefault of Janet Jeremiah/Regina Herron Development Agreement and Termination of Land Alteration Permit Requested Action Move to: • Adopt the Resolution declaring Lakewest Holdings, LLC in default of the Baneberry Hollow Development Agreement and terminating Land Alteration Permit#06-17 Synopsis This is for City Council to acknowledge Lakewest Holdings, LLC in default of the Baneberry Hollow Development Agreement and terminating Land Alteration Permit#06-17. Background Information On June 20, 2006, Lakewest Holdings, LLC and the City entered into a Development Agreement for The Baneberry Hollow Development project. The city is holding a surety bond for the purpose of securing performance of the Developers obligations. Work required under the Development Agreement and Land Alteration Permit#06-17 is not completed. The city has initiated proceeding with a claim against the bond. Attachments 1. Resolution 2. Development Agreement 3. Land Alteration Permit#06-17 4. Bond#GRMN25487A 5. Bond# GRMN25488A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION DELCARING LAKEWEST HOLDINGS,LLC IN DEFAULT OF THE BANEBERRY HOLLOW DEVELOPMENT AGREEMENT AND TERMINATING LAND ALTERATION PERMIT #06-17 WHEREAS, Lakewest Holdings, LLC (Developer) and City of Eden Prairie (City) entered into a Development Agreement (the "Development Agreement") for The Baneberry Hollow Development(the `Baneberry Hollow") on June 20, 2006; and WHEREAS, the Development Agreement required certain security be posted by the Developer; and WHEREAS, on September 14, 2006 Granite RE, Inc. issued Performance Bond Number GRMN25487A in the amount of $91,000.00 (Bond I) listing Lakewest Holdings, LLC as the contractor and the City of Eden Prairie as the owner and on September 14, 2006 Granted RE, Inc issued Performance Bond GRMN25488A in the amount of $183,875.00 (Bond II) listing Lakewest Holdings, LLC as the contractor and the City of Eden Prairie as the owner; and WHEREAS, as of April 16, 2009 and continuing through the date hereof the Contractor has not completed certain work required under the Development Agreement; and WHEREAS, City sent notice to Lakewest Holdings, LLC on May 4, 2009 of the failure of Lakewest Holdings, LLC to complete certain work required under the Development Agreement at Baneberry Hollow; and WHEREAS, City notified Lakewest Holdings, LLC and Granite RE, Inc. on June 17, 2010 that City was considering declaring a contractor default and requested a conference with Lakewest Holdings, LLC and Granite RE, Inc to be held no later than 15 days after receipt of such notice to discuss methods of performing the construction contract; and WHEREAS, City, Lakewest Holdings, LLC and Granite RE, Inc met by telephone conference on June 29, 2010 as required by the Bond; and WHEREAS, seventy eight days have passed since the date of the contactor, surety and owner conference; and WHEREAS, City notified Lakewest Holdings, LLC and Granite RE, Inc on August 12, 2010 that at the City Council meeting on August 17, 2010 the Council would consider declaring the Lakewest Holdings, LLC in default under the Development Agreement and terminate Land Alteration Permit No. 06-17 and further informed Lakewest Holdings, LLC and Granite RE, Inc. that Lakewest Holdings, LLC would be given an opportunity to address the council with respect to this matter. 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. City declares Lakewest Holdings, LLC in default of the Development Agreement dated June 20, 2006. b. City hereby terminates Lakewest Holdings, LLC Land Alteration Permit #06-17 which was required under City Code Section 11.55. ADOPTED by the City Council on August 17, 2010. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk ask. 1111111minnol 4 Doc No 8817868 06/26/2006 01:32 PM Certified filed and or recorded on above date: Office of the County Recorder ', Hennepin County,Minnesota 0 Michael H. Cunniff, County Recorder TransiD 232161 Deputy 5 Fees $35.50 DOC $10.50 SUR $2.00 COPY $48.00 Total DEVELOPMENT AGREEMENT BANEBERRY HOLLOW THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of June 20, 2006,by Lakewest Holdings,LLC,a Minnesota limited liability company,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Low Density Residential to Medium Density Residential on 2.06 acres, Planned Unit Development Concept Review on 2.51 acres, Planned Unit Development District Review with waivers on 2.51 acres, Zoning District Change from Rural to RM-6.5 Zoning District on 2.06 acres,and Preliminary Plat of 2.51 acres into 12 lots and road right of way, legally described on Exhibit A(the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No.2006-66 for Concept Guide Plan Change, Resolution No. 2006-67 for Planned Unit Development Review, Ordinance No. 16-2006-PUD-11-2006 for Planned Unit Development District Review on 2.51 acres and Zoning District Change from Rural to RM-6.5 on 2.06 acres, Resolution No. 2006-68 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stampdated April 19, 2006, reviewed and approved bythe CityCouncil on May16, pPP 2006, (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 violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. TEMPORARY ACCESS PERMIT: Prior to any grading,alteration,or construction on the Property,Developer shall obtain from Hennepin County a permit for temporary construction access to Pioneer Trail,and provide a copy of said permit to the City Engineer. If a permit is not issued from Hennepin County for temporary construction access,the construction access to the site shall be from Lee Drive. 6. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to release of the final plat for the Property,Developer shall provide a Cross Access Easement,Private Utility and Maintenance Agreement over the private streets, utilities and rainwater gardens located within Lot 11, Block 1 of the Property that provides access to Lots 1-12, Block 1 of the Property. In addition,cross access shall be provided to the property to the east(PID 25-116- 22-44-0125), adjacent to the Property. The form of the Agreement must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access and maintenance over the private streets, storm sewers, and rainwater gardens within Lot 11, Block 1. All of these facilities shall be privately owned and maintained by the Developer or Owner. After approval by the City,Developer shall file the Cross Access Easement,Private Utility and Maintenance Agreement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Cross Access Easement, Private Utility and Maintenance Agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office in accordance with the requirements of this paragraph. 7. EXTERIOR MATERIALS: Prior to buildingpermit issuance,Developer shall submit to P 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. g p rtY 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. 8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland, wetland buffer strips, wetland buffer monument locations,water quality ponds,storm water detention areas and 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 water quality pond conforms to the final grading plan. 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 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. 9. HOOK UP TO PUBLIC UTILITIES: Prior to issuance of any occupancy permit for the Property, Developer shall connect a public sanitary sewer and water main to the existing house on Lot 12, Block 1, Baneberry Hollow, as depicted on the Plans. 10. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 11. 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 71 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. 12. 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. Marlo W. Stueve and Christine C. Stueve 13. PUBLIC USE OF STREETS: All the private streets are open to the use of the public as a matter of right for the purposes of vehicular traffic as defined in Minnesota Statues 169.01, Subd. 29. 14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Rural Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 11-2006_ A. Lot size of 14, 030 sq. ft. Code requires 10 acres. B. Lot width/depth of 77 ft. and 145 ft., respectively. Code requires 300 ft. C. Side yard setback of 12 ft. one side/total of 27 ft. both sides. Code requires 50 ft. one side/total of 150 ft. both sides. D. Rear yard setback of 27 ft. Code requires 50 ft. 15. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written. approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to issuance by City of any permit for grading or building on the Property, Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$1,000 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the$1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 16. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 17. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Prior to release of any portion of the final plat,Developer shall convey to the city easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the north side of Lee Drive and west side of Baneberry Path connecting to the existing trail along Pioneer Trial as depicted in the Plans. After approval by the City, Developer shall file the access easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the access easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office in accordance with the requirements of this paragraph. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 18. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit D,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 2.51 acres in the amount of$13,919.60. 19. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for streets,public sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property,Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 20. TREE LOSS - TREE REPLACEMENT: There are 526 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 404 diameter inches. Tree replacement required is 413 caliper inches.Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 413 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. • 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 Lakewest Holdings,LLC BY .c.,,i�✓ it Its y''7i> a YI Its Mayor By B Its Cott H.Nea Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this filly of /r,P� 2006g by Nancy Tyra-Lukens and Scott H.Neal,respectively the ayor and the City Managerof the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. KATHLEEN A. PORTA ► . `�' .t EDEN PRAIRIE CITY CLERK ► ./W ----- 4)S NOTARY PUBLIC-MINNESOTA ► .••; "‘ My Commission Expires Jan.31,2010 ►Notary ublic STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing ins ent was acknowl ged before me this /,2- day of 2006, by .1l-P- �'�Z % C-wl ,the {n63--9. QA , of Lakewest Holdings, LLC, a Minnesota limited liability company,on behalf of the company. i ,4 abut_ Cg04,0--- Notary Public THIS INSTRUMENT WAS DRAFTED BY: = " i * LESLIE ANN M ARA City of Eden Prairie ,pnRY st,�o11 1_ comN�ton 8080 Mitchell Road �M Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT —BANEBERRY HOLLOW Legal Description Before Final Plat That part of the West Half of the Southeast Quarter of Section 25,Township 116,Range 22, lying South of Hennepin County Road No. 1 and lying East of the West 1087.45 feet thereof,more fully described as follows:Beginning at a point in the South line of the Southeast Quarter of said Section 25, distant 1087.45 feet East from the Southwest Corner thereof; thence at right angles North a distance of 520.90 feet to the centerline of said County Road No. 1;thence Southeasterly along the centerline of said County Road No. 1 to the East line of the West half of said Southeast Quarter; thence South to the South line of said Section; thence West along said Section line to the point of beginning,except the East 100.00 feet thereof,according to the U.S.Government Survey,Hennepin County,Minnesota. That part of the East 100 feet(as measured at right angles) of the West Half of the Southeast Quarter of Section 25, Township 116, Range 22 1 in South of the centerline of Hennepin plying p County Road No. Legal Description After Final Plat Lots 1-12, Block 1, BANEBERRY HOLLOW EXHIBIT B DEVELOPMENT AGREEMENT —BANEBERRY HOLLOW PLANS LIST OF MATERIALS 1. Sheet Index dated 4/18/06 by Schoell Madson 2. Sheet 2 of 8 Existing Conditions &Removals Plan dated 4/18/06 by Schoell Madson 3. Sheet 3 of 8 Preliminary Plat dated 4/5/06 by Schoell Madson 4. Sheet 4 of 8 Preliminary Grading, Drainage, &Erosion Control Plan dated 4/18/06 by Schoell Madson 5. Sheet 5 of 8 Preliminary Utility Plan dated 4/5/06 by Schoell Madson 6. Sheet 6 of 8 Preliminary Tree Preservation Plan dated 4/5/06 by Schoell 7. Sheet 7 of 8 Preliminary Landscape Plan dated 4/18/06 by Schoell Madson 8. Sheet 8 of 8 Preliminary Landscape Plan Notes dated 4/18/06 by Schoell Madson 9. Architectural Building Elevations stamp dated"Received"April 19, 2006 10. Aerial Site Exhibit dated 1/26/06 by Schoell Madson EXHIBIT C DEVELOPMENT AGREEMENT-BANEBERRY HOLLOW I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100' scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: Mario W. Stueve and Christine C. Stueve With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat.,Sec. 115B.01,et. seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, P �' fY against anyand all loss,costs,damage and expense,including reasonable attorneys fees and g g P costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contem contemplated in this agreement are special, unique, and of an extraordinary character, and P �' P q that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Time Warner Cable,a Minnesota Limited Partnership,the franchisee under the City's Cable Communication Ordinance(80-33)of the development contemplated by this Development Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. 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, walls and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 % by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be 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. E XHIBI TD DEVELOPMENT AGREEMENT—BANEBERRY HOLLOW AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS 20th day of June,2006,between the City of Eden Prairie, a municipal corporation, (the "City") and Lakewest Holdings, LLC, a Minnesota limited liability company(the "Owner"). A. The Owner holds legal and equitable title to property described as Baneberry Hollow, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the"Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $13,919.60 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This agreement shall be effective immediately. 6. This Agreement terminatedor amended except in writingexecuted byboth gree ent may not be p parties hereto, provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected, without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. OWNER CITY OF EDEN PRAIRIE Lakewest Holdings, LLC A Minnesota Municipal Corporation A Minnesota limited liability company By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by Nancy Tyra-Lukens,the Mayor,and Scott H.Neal,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2006, by , the of Lakewest Holdings, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN LAKEWEST HOLDINGS, LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of June 20,2006,by and between Mario W. Stueve and Christine C. Stueve,husband and wife,("Owner"),and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2006-66 for Guide Plan Change,Resolution No. 2006-67 for Planned Unit Development Concept Review,Ordinance No.16-2006-.PUD-11-2006 for Planned Unit Development District Review and Zoning District Change from Rural to RM-6.5, and Resolution No. 2006-68 for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of June 20,2006,by and between West Lake Development Company, LLC, a Minnesota limited liability company, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Lakewest Holdings, LLC, 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. 2006-66 for Guide Plan Change, Resolution No. 2006-67 for Planned Unit Development Concept Review, Ordinance No.16-2006-PUD-11-2006 for Planned Unit Development District Review and Zoning District Change from Rural to RM-6.5, and Resolution No. 2006-68 for Preliminary Plat, identified above,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. PrtY• 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF E N PRAIRIE (fefol BY Martove an T - Its Ma r• i„lc:A-16u_,C—c03,Liti " By 'stine C. Stueve Scott .Neal, 404,— Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN kt The oregoing instrument was acknowledged before me this 0D day of , 2006, by Nancy Tyra-Lukens 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. r*'. a KATHLEEN A. PORTA. ► S �r EDEN PRAIRIE CITY CLERK I.. / / ,� , 1 k��`�•�; NOTARY PUBLIC-MINNESOTA JG��✓1 .4 1 "`1470' �' My Commission Expires Jan.31,2010 ►N•tary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /3 -day of 2006,by Marto W. Stueve and Christine C.Stueve, husband and wife. r exei o Public !i„* LESUE ANN O'HARA \ NOTARYPUBUC- t. EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat That part of the West Half of the Southeast Quarter of Section 25, Township 116,Range 22,lying South of Hennepin County Road No. 1 and lying East of the West 1087.45 feet thereof,more fully described as follows:Beginning at a point in the South line of the Southeast Quarter of said Section 25,distant 1087.45 feet East from the Southwest Corner thereof; thence at right angles North a distance of 520.90 feet to the centerline of said County Road No. 1; thence Southeasterly along the centerline of said County Road No. 1 to the East line of the West half of said Southeast Quarter; thence South to the South line of said Section; thence West along said Section line to the point of beginning,except the East 100.00 feet thereof, according to the U.S. Government Survey,Hennepin County, Minnesota. That part of the East 100 feet(as measured at right angles) of the West Half of the Southeast Quarter of Section 25,Township 116, Range 22, lying South of the centerline of Hennepin County Road No. Legal Description After Final Plat Lots 1-12,Block 1,BANEBERRY.HOLLOW CI":Y OF EDEN PRAIRIE - %080MITCHELLROAD ' EDEN PRAIRIE,MN 55344 PERMIT#06- 1-r ?, 952-949-8330 CITY OF EDEN PRAIRIE APPLICATION FOR RELEASE OF LAND ALTERATION PERMIT PROJECT NAME: yI e ,,e.„T i li 4z 1 U I IDATE PERMIT APPLICATION RECEIV(ED: I. APPLICANT INFORMATION APPLICANNT Name: C u f I_ F vv.‘* Address: L.Lti<,_�e.s� b et i- s�LLC. 15-Yvo lli rwe.c� I Phone: 95- - 930 _ 30oo City/State: 1,14'to i 1 ._ k.,._. , K4 PROPERTY OWNER Name: k,z_ .ie li. /--6 i ki', LLL. Address: A 5 YcO 14-i6 j�„;c, 7- -.... v / , Phone: c, _ 936 3006 City/State: N CONTRACTOR PERFORMING WORK L_________________Company Name: Name:L-ri116.ztit3'. C- s, 24-t I J e' Address: i 5 L/00 L / s Phone: _ c/ ®_ '? „ City/State: RA 11Avi �" 1 7V II. PROJECT/PROPERTY DESCRIPTIONcyt., Ca- 1 ;1 Location: 1 ,�lgar�z�- � e! � 1 bOiS j Size of Site: 7 L,2 5. �� Estimated Volume of Earth Moved: 1�5try c; ` yt - Number of Disturbed Acres: l- 2.5-, Estimated Cost of Land Alteration`19 j i 5,2,50 Proposed Use: .e5 car r'4 Proposed Start Date: 'G' _/.5-1 '�- Proposed Completion Date: 1 5 123O f III. MATERIALS TO BE INCLUDED WITH APPLICATION: A. Two full size copies of plans and specifications showing topography, grading, erosion control systems and restoration. Map to include location of building pads,stockpiles, Stormwater Facilities and finished grading. C. Executed copy of contract documents for grading work,including excavation and restoration. D. Written project schedule and sequence of construction activities. E. Copies of all applicable permits from other permitting authorities-i.e.,Watershed Districts,MPCA,DNR, etc. F. Name and address of the Design professional, Certified Profession in Erosion & Sediment Control (CPESC) or Licensed Professional Engineer responsible for conducting inspections,monitoring and maintenance of the Site to ensure conformance to the Plan. G. Copy of Storm Water Pollution Prevention Plan(SWPPP)and/or Runoff Management Plan(RMP),if required IV. EROSION CONTROL INSTALLATION&INSPECTION 11 Date Erosion Control Systems Installed: 5 i( . c ce (v,s h I(4. 0, 5.1-2 rl O72,0? l t 7 I0706 C, City Inspection Date: �fl if ( 66 / - A-��a 1 y- cc at;-,F Man• ,>�' Ace- s4- 1,- t t LLL 1 /c065_ Ce cin Leer -Tilt;lt; ) `v- 1 c.] dJ‘-1 -zf a r: 4-e- eas.1- e 1"9'- _C4- 1(, j(S e1 6Vlv,.-.r- ! a R--I( 4-5 Paged of 2 5)-A,I-4A r n 9 p vc.r-[.t.G.s(z t 5� vv2 - dJ . g :1^l,t vtt ; 2cb IJ l C;TY OF EGEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE,MN 55344 PERMIT#06- 1 g 1 952-949-8330 V. FINANCIAL SECURITY INFORMATION Type Of Financial Surety: Ftwvi Provided By: G ra v%i 4-es. 2e t Z h c„. Permit Surety Amount: f 9`4 ® Surety No. G 12 MIA 25487A Permit Fee Amount: 4557 1° Surety Expiration Date: Receipt No.: I 3 I hereby apply for a Land Alteration Penult and I acknowledge that the information provided is complete and accurate. I understand and hereby agree that the work for which the permit is issued shall be perfommned according to the following: (1) the conditions of this permit, (2) the approved plans and specifications, (3) applicable City approvals, ordinances and codes, and(4)the State building code. I understand that the Permit will expire,and become null and void,if work is not started with 180 days of signature or if Land Alteration stops and is abandoned for a period of thirty (30) days prior to completing the Land Alteration. I understand that I am responsible for ensuring that all required inspections are completed in conformance with City code requirements. .---- .. -- (Applicant)Signature This permit is hereby released by the City of Eden Prairie on 6epl- CrAtrr 191ark, subject to the conditions of City Code Sect. 11.55 and any Special Conditions attached. L., (City Si ature This permit is permissive only and does not release the Permittee from any liability or obligation imposed by Minnesota Statute,Federal Law,State Agency Rules or the requirements of other agencies with regulatory authority. INFORMATION BELOW THIS LINE FOR CITY USE ONLY VI. PROJECT COMPLETION/RELEASE OF FINANCIAL SECURITY Date Final Certification From Design Profession Received: Date Final Stabilization Completed: Date Erosion Control Systems Removed: Date of Final Inspection By City: Date Surety Released: COMMENTS: Page 2 of 2 THE AMERICAN INSTITUTE OF ARCHITECTS 49.06.1 Premium Amount Based on Final Contract Amount Bond No. GRMN25487A AIA Document A312 Performance Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): LAKEWEST HOLDINGS, LLC GRANITE RE, INC. 15400 HWY.7 14001 QUAILBROOK DRIVE MINNETONKA,MN 55345 OKLAHOMA CITY,OK 73134 OWNER(Name and Address): City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 CONSTRUCTION CONTRACT Date: 9/14/2006 Amount: $ 91,000.00 Description (Name and Location): GRADING WORK-BANEBERRY HOLLOW PROJECT; EDEN PRAIRIE, MINNESOTA BOND Date(Not earlier than Construction Contract Date): 9/1412006 Amount: $ 91,000.00(NINETY ONE THOUSAND AND 00/100) Modifications to this Bond: [X]None [i See Page 3 CONTRACTOR AS PRINCIPAL SURETY COMPANY: (Corporate Seal) COMPANY: (Corporate Seal) LAKEWEST HOfL19/G GRANITE RE,INC. J Signature:/// i Signature: "/. Name andtle: Name and TiF Jonathan a Attorney-in-Fact (Any additional signatures appear on page 3) FOR INFORMATION ONLY-Name,Address and Telephone OWNER'S REPRESENTATIVE(Architect, AGENT OR BROKER: or Engineer or other party): Pate Bonding,Inc. (Not Available) 1276 South Robert Street West St.Paul, MN 55118 (651)457-6842 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA® A 312-1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON D.C.20006 THIRD PRINTING=MARCH 1987 1. The Contractor and the Surety,jointly and severally, .1 After investigation, determine the amount for which it may bind themselves,their heirs, executors,administrators, be liable to the Owner and, as soon as practicable after successors,and assigns to the Owner for the performance the amount is determined,tender payment therefor to the of the Construction Contract,which is incorporated herein Owner;or by reference. .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 2. If the Contractor performs the Construction Contract, 5. If the Surety does not proceed as provided in Paragraph the Surety and the Contractor shall have no obligation 4 with reasonable promptness,the Surety shall be deemed under this Bond,except to participate in conferences as to be in default on this Bond fifteen days after receipt of an provided in Subparagraph 3.1. additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under 3. If there is no Owner Default,the Surety's obligation this Bond,and the Owner shall be entitled to enforce any under this Bond shall arise after: remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4,and the Owner refuses the 3.1 The Owner has notified the Contractor and the payment tendered or the Surety has denied liability,in Surety at its address described in Paragraph 10 below whole or in part,without further notice the Owner shall be that the Owner is considering declaring a Contractor entitled to enforce any remedy available to the Owner. Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such 6. After the Owner has terminated the Contractor's right notice to discuss methods of performing the Construc- to complete the Construction Contract, and if the Surety tion Contract. If the Owner,the Contractor and the elects to act under Subparagraph 4.1,4.2,or 4.3 above, Surety agree,the Contractor shall be allowed a reason- then the responsibilities of the Surety to the Owner shall able time to perform the Construction Contract, but not be greater than those of the Contractor under the such an agreement shall not waive the Owner's right,if Construction Contract,and the responsibilities of the any,subsequently to declare a Contractor Default;and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the 3.2 The Owner has declared a Contractor Default and amount of this Bond,but subject to commitment by the formally terminated the Contractor's right to complete Owner of the Balance of the Contract Price to mitigation of the contract. Such Contractor Default shall not be de- costs and damages on the Construction Contract,the Sure- dared earlier than twenty days after the Contractor and ty is obligated without duplication for: the Surety have received notice as provided in Sub- paragraph 3.1;and 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- 3.3 The Owner has agreed to pay the Balance of the tion Contract; Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor 6.2 Additional legal, design professional and delay selected to perform the Construction Contract in accor- costs resulting from the Contractor's Default,and re- dance with the terms of the contract with the Owner, suiting from the actions or failure to act of the Surety under Paragraph 4;and 4. When the Owner has satisfied the conditions of Para- graph 3,the Surety shall promptly and at the Surety's ex- 6.3 Liquidated damages,or if no liquidated damages pense take one of the following actions: are specified in the Construction Contract,actual dam- ages caused by delayed performance or non-perfor- 4.1 Arrange for the Contractor,with consent of the mance of the Contractor. Owner,to perform and complete the Construction Contract;or 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- 4.2 Undertake to perform and complete the Construc- struction Contract,and the Balance of the Contract Price tion Contract itself,through its agents or through inde- shall not be reduced or set off on account of any such pendent contractors;or unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or 4.3 Obtain bids or negotiated proposals from its heirs, executors,administrators,or successors. qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- 8. The Surety hereby waives notice of any change, includ- struction Contract,arrange for a contract to be pre- ing changes of time,to the Construction Contract or to pared for execution by the Owner and the contractor related subcontracts,purchase orders and other oblige- selected with the Owner's concurrence,to be secured tions. &4th performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the 9. Any proceeding,legal or equitable, under this Bond Construction Contract,and pay to the Owner the may be instituted in any court of competent jurisdiction in amount of damages as described in Paragraph 6 in ex- the location in which the work or part of the work is located cess of the Balance of the Contract Price incurred by the and shall be instituted within two years after Contractor Owner resulting from the Contractor's default;or Default or within two years after the Contractor ceased working or within two years aftter the Surety refuses or fails 4.4 Waive its rights to perform and complete, arrange to perform its obligations under this Bond,whichever oc- for completion,or obtain a new contractor and with reasonable curs first. if the provisions of this Paragraph are void or promptness under the circumstances: prohibited by law, the minimum period of limitation available AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA® A 312-1984 2 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N.W.,WASHINGTON D.C.20006 THIRD PRINTING.MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- 10. Notice to the Surety,the Owner or the Contractor shall duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11. When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12,4 Owner Default: Failure of the Owner,which has neither been remedied nor waived,to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made,including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D.,AIA 0 A312-11984 3 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 THIRD PRINTING=MARCH 1967 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of )) On this day of , in the year , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are)described in and executed the foregoing instrument and acknowledge(s)to me that he_executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) County of ) On this day of , in the year , before me personally come(s) , a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT ,F PRINCIPAL (Corporation) State of ) County of ) On this day of , in the year , before me personally come(s) , to me known, who, being duly sworn, deposes and says that he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation;the seal affixed to the said instrument is such corporate seal;that it was so affixed by the order of the Board of Directors of said corporation,and that he signed his name thereto by like order. Notary Public ACKNOWLEDGMENT F SURETY State of Minnesota ) County of Dakota ) On this 14th day of September , in the year 2006, before me personally come(s) Jonathan Pate, Attorney(s)-in-Fact of GRANITE RE, INC. with whom I am personally acquainted,and who, being by me duly sworn, says that he is(are)the Attorney(s)-in- Fact of GRANITE RE,INC. company described in and which executed the within instrume ; that he know(s)the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it as affixed by order of the rd of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said corn any by lik order. iip's4N, WANDA LEE FRANZ CC NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2010 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE,INC.,a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA FRANZ,TOM LAHL,LISA M.FRANCOUR its true and lawful Attorney-in-Fact(s)for the following purposes,to wit: To sign its name as surety to,and to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE,INC.a certified copy of which is hereto annexed and made a part of this Power of Attorney;and the said GRANITE RE,INC.through us,its Board of Directors,hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE,WANDA FRANZ,TOM LAHL,LISA M.FRANCOUR may lawfully do in the premises by virtue of these presents. In Witness Whereof,the said GRANITE RE,INC.has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer,this 26`h day of October,2004. e1RE RFC SEAL R.' amyl fisher, e' resident STATE OF OKLAHOMA ) ,.oLL• ) ; SS: COUNTY OF OKLAHOMA ) Rodman A.Frates,Secretary/Treasurer On this 26th day of October,2004,before me personally came R.Darryl Fisher,Vice President of the GRANITE RE,INC. Company and Rodman A.Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said,that they,the said R.Darryl Fisher and Rodman A.Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE,INC.;the corporation described in and which executed the foregoing Power of Attorney;that they each Imew the seal of said corporation;that the seal affixed to said Power of attorney was such corporate seal,that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as Vice President and Secretary/Treasurer,respectively,of the Company. NOTnq}'Qm _ My Commission Expires: May 9,2008 Na 9, Commission#:00005708 \DFoK, Notary Public GRANITE RE,INC. Certificate THE UNDERSIGNED,being the duly elected and acting Secretary/Treasurer of Granite Re,Inc.,an Oklahoma Corporation,HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987,minutes of the meeting of the Board of Directors of Granite Re,Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED,that the President,any Vice President,the Secretary,and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 14th day of September,2006. . ,146Z .. SEA- L on e-„ odman A Frates,Secretary/Treasurer THE AMERICAN INSTITUTE OF ARCHITECTS Premium Amount Based on Final Contract Amount Bond No. GRMN25488A AIA Document A312 Performance. Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): LAKEWEST HOLDINGS, LLC GRANITE RE, INC. 15400 HWY.7 14001 QUAILBROOK DRIVE MINNETONKA, MN 55345 OKLAHOMA CITY,OK 73134 OWNER(Name and Address): City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 CONSTRUCTION CONTRACT Date: 9/14/2006 Amount: $ 183,875.00 Description (Name and Location): STREET, UTILITY AND SIDEWALK CONSTRUCTION WORK-BANEBERRY HOLLOW, EDEN PRAIRIE, MINNESOTA BOND Date (Not earlier than Construction Contract Date): 9/14/2006 Amount: $ 183,875.00 (ONE HUNDRED EIGHTY THREE THOUSAND EIGHT HUNDRED SEVENTY FIVE AND 00/100) Modifications to this Bond: [X] None L]See Page 3 CONTRACTOR AS PRINCIPAL SURETY COMPANY: (Corporate Seal) COMPANY: ( r ate Seal) LAKEWEST H D N , L GRANITE RE,INC. Signature: f Signature: Name and Title: / Name and T e: Jonathan Pate,Attorney-in-Fact (Any additional signatures appear on page 3) FOR INFORMATION ONLY-Name,Address and Telephone OWNER'S REPRESENTATIVE (Architect, AGENT OR BROKER: or Engineer or other party): Pate Bonding,Inc. (Not Available) 1276 South Robert Street West St.Paul, MN 55118 (651)457-6842 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA® A 312-1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON D.C.20006 THIRD PRINTING-MARCH 1987 1. The Contractor and the Surety,jointly and severally, .1 After investigation, determine the amount for which it may bind themselves,their heirs,executors, administrators, be liable to the Owner and, as soon as practicable after successors, and assigns to the Owner for the performance the amount is determined,tender payment therefor to the of the Construction Contract,which is incorporated herein Owner;or by reference. .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 2. If the Contractor performs the Construction Contract, 5. If the Surety does not proceed as provided in Paragraph the Surety and the Contractor shall have no obligation 4 with reasonable promptness,the Surety shall be deemed under this Bond,except to participate in conferences as to be in default on this Bond fifteen days after receipt of an provided in Subparagraph 3.1. additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under 3. If there is no Owner Default,the Surety's obligation this Bond, and the Owner shall be entitled to enforce any under this Bond shall arise after: remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4,and the Owner refuses the 3.1 The Owner has notified the Contractor and the payment tendered or the Surety has denied liability, in Surety at its address described in Paragraph 10 below whole or in part,without further notice the Owner shall be that the Owner is considering declaring a Contractor entitled to enforce any remedy available to the Owner. Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such 6. After the Owner has terminated the Contractor's right notice to discuss methods of performing the Construc- to complete the Construction Contract,and if the Surety tion Contract. If the Owner,the Contractor and the elects to act under Subparagraph 4.1,4.2, or 4.3 above, Surety agree,the Contractor shall be allowed a reason- then the responsibilities of the Surety to the Owner shall able time to perform the Construction Contract, but not be greater than those of the Contractor under the such an agreement shall not waive the Owner's right, if Construction Contract,and the responsibilities of the any, subsequently to declare a Contractor Default;and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the 3.2 The Owner has declared a Contractor Default and amount of this Bond, but subject to commitment by the formally terminated the Contractor's right to complete Owner of the Balance of the Contract Price to mitigation of the contract. Such Contractor Default shall not be de- costs and damages on the Construction Contract,the Sure- clared earlier than twenty days after the Contractor and ty is obligated without duplication for: the Surety have received notice as provided in Sub- paragraph 3.1;and 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- 3.3 The Owner has agreed to pay the Balance of the tion Contract; Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor 6.2 Additional legal, design professional and delay selected to perform the Construction Contract in accor- costs resulting from the Contractor's Default,and re- dance with the terms of the contract with the Owner. suiting from the actions or failure to act of the Surety under Paragraph 4;and 4. When the Owner has satisfied the conditions of Para- graph 3,the Surety shall promptly and at the Surety's ex- 6.3 Liquidated damages,or if no liquidated damages pense take one of the following actions: are specified in the Construction Contract,actual dam- ages caused by delayed performance or non-perfor- 4.1 Arrange for the Contractor,with consent of the mance of the Contractor. Owner,to perform and complete the Construction Contract;or 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- 4.2 Undertake to perform and complete the Construc- struction Contract,and the Balance of the Contract Price tion Contract itself,through its agents or through inde- shall not be reduced or set off on account of any such pendent contractors; or unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or 4.3 Obtain bids or negotiated proposals from its heirs,executors, administrators,or successors. qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- 8. The Surety hereby waives notice of any change, includ- struction Contract, arrange for a contract to be pre- ing changes of time,to the Construction Contract or to pared for execution by the Owner and the contractor related subcontracts, purchase orders and other oblige- selected with the Owner's concurrence,to be secured tions. with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the 9. Any proceeding, legal or equitable, under this Bond Construction Contract, and pay to the Owner the may be instituted in any court of competent jurisdiction in amount of damages as described in Paragraph 6 in ex- the location in which the work or part of the work is located cess of the Balance of the Contract Price incurred by the and shall be instituted within two years after Contractor Owner resulting from the Contractor's default;or Default or within two years after the Contractor ceased working or within two years aftter the Surety refuses or fails 4.4 Waive its rights to perform and complete,arrange to perform its obligations under this Bond,whichever oc- for completion, or obtain a new contractor and with reasonable curs first. If the provisions of this Paragraph are void or promptness under the circumstances: prohibited by law,the minimum period of limitation available MA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA® A 312-1984 2 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON D.C.20006 THIRD PRINTING-MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- 10. Notice to the Surety,the Owner or the Contractor shall duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11. When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page,including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived,to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D.,AIA 0 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006 THIRD PRINTING-MARCH 1987 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of ) On this day of , in the year , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s)to me that_he_executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) County of ) On this day of in the year , before me personally come(s) , a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ) County of ) On this day of , in the year before me personally come(s) , to me known, who, being duly sworn, deposes and says that he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 14th day of September , in the year 2006, before me personally come(s) Jonathan Pate, Attorney(s)-in-Fact of GRANITE RE, INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in- Fact of GRANITE RE, INC. company described in and which executed the within instrument;'that he know(s)the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it w s affixed by order of the and of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said comp ny by like rder. r�rrrrrsrrrrr�rrr✓rrr .�� � ` I WANDA LEE FRANZ c NotaryPublic NOTARY PUBLIC-MINNESOTA tl •.40.. My Commission Expires Jan.31,2010 - h.✓,✓'..✓l_/!.!✓"✓1.�.1../TES/..rl../',/Jl./.../..�^'lJ...i GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE,INC.,a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE,WANDA FRANZ, TOM LAHL,LISA M. FRANCOUR its true and lawful Attorney-in-Fact(s)for the following purposes,to wit: To sign its name as surety to,and to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE,INC.a certified copy of which is hereto annexed and made a part of this Power of Attorney;and the said GRANITE RE,INC.through us,its Board of Directors,hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE,WANDA FRANZ,TOM LAHL,LISA M.FRANCOUR may lawfully do in the premises by virtue of these presents. In Witness Whereof,the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer,this 26th day of October,2004. SEAL R.Darryl Fisher, reP sident ``'m') STATE OF OKLAHOMA ) SS: COUNTY OF OKLAHOMA ) Rodman A.Frates,Secretary/Treasurer On this 26th day of October,2004,before me personally came R.Darryl Fisher,Vice President of the GRANITE RE,INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney;that they each knew the seal of said corporation;that the seal affixed to said Power of attorney was such corporate seal,that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as Vice President and Secretary/Treasurer,respectively,of the Company. y NDA L/F�, My Commission Expires: May 9,2008 \9T aua�F p J Commission#:00005708 6'OF04' Notary Public GRANITE RE,INC. Certificate THE UNDERSIGNED,being the duly elected and acting Secretary/Treasurer of Granite Re,Inc., an Oklahoma Corporation,HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987,minutes of the meeting of the Board of Directors of Granite Re,Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED,that the President,any Vice President,the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company,the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 14th day of September,2006. 4�RE qF iy A oµeay>E C SEAL odman A.Frates, Secretary/Treasurer CITY COUNCIL AGENDA DATE: SECTION: Appointments August 17, 2010 DEPARTMENT/DIVSION: ITEM DESCRIPTION: ITEM NO.: XIII.A. Community Development: Appoint an elected official and an alternate to the Janet Jeremiah Southwest LRT Community Works Project Steering Committee Requested Action Move to: Appoint to the Southwest LRT Community Works Project Steering Committee and as an alternate member of the Southwest LRT Community Works Project Steering Committee. Synopsis Hennepin County has established the Southwest Light Rail Transit (SW LRT) Community Works Project to formalize and expand early collaborations across jurisdictions within the SW LRT corridor. A Steering Committee is being assembled to direct the SW LRT Community Works Project and liaison with the SW LRT Corridor Management Committee. Hennepin County invites the City of Eden Prairie to appoint one elected official and an alternate to this Steering Committee. Background Information The SW LRT Alternatives Analysis and Draft Environmental Impact Statement(DEIS) processes included a Policy Advisory Committee (PAC) with members and alternates from each stakeholder jurisdiction, Chamber of Commerce, and Southwest Transit. The most recent City of Eden Prairie member and alternate appointed to the PAC has been Council member Kathy Nelson and Community Development Director Janet Jeremiah, respectively. Previously, Council member Brad Aho and Janet Jeremiah served as member and alternate. The DEIS is now nearing completion, and the PAC has held its final meeting. The next stage of the study, the Final Environmental Impact Study(FEIS) and Preliminary Engineering(PE), will include a SW LRT Corridor Management Committee appointed by the Chair of the Metropolitan Council pursuant to statute. On December 15, 2009, the Hennepin County Board established SW LRT Community Works and directed staff to prepare a project description and work plan in consultation with the stakeholder cities, the Metropolitan Council and other SW LRT key stakeholders. Over the past six months, Eden Prairie staff have worked with staff from Hennepin County and the other major stakeholder groups to finalize a description and work plan for the SW LRT Community Works Project(CWP). The initial goals of the CWP are to maximize public/private investment along the corridor; strategically align resources to promote economic development and redevelopment at station locations; stimulate employment development to ensure accessibility to jobs for people of all income levels; promote and implement a range of housing opportunities along the corridor; improve multimodal connections to stations, within station areas and to key designations along the corridor in connection with the County's Complete Streets policy; and promote sustainability, including natural system preservation and enhancement, energy efficiency, and reduced carbon emissions throughout the corridor. On July 22, 2010, the Hennepin County Board accepted the SW LRT CWP Description and Work Plan, established the SW LRT CWP Steering Committee to consist of two Hennepin County Board members, a board member of the Hennepin County Regional Railroad Authority, one elected official appointed from each of the cities of Eden Prairie, Edina, Hopkins, Minneapolis, Minnetonka, and St. Louis Park, and a representative of the Metropolitan Council, and that the Steering Committee be authorized to add and include additional stakeholder representation as appropriate throughout the course of the project. The Hennepin County Board appointed Commissioners Gail Dorfman and Jan Callison to represent the Hennepin County Board on the Steering Committee. The first meeting of the SW LRT CWP Steering Committee will be held on Wednesday, September 8, 2010 at 8:00 am in the Council Chambers at the St. Louis Park City Hall. Attachments > July 22, 2010 letter from Hennepin County inviting appointment > SW LRT Community Works Project Description and Work Plan, and Resolution ■ S0u1TWQTs« transitwattr green means go. Southwest LRT Community Works Project Description and Work Plan Southwest LRT Community Works proposes to formalize and expand early collaborations across jurisdictions to maximize the economic and community benefits of transit investments within the Southwest LRT Corridor. Following this approach, the Southwest LRT Community Works project will create a shared vision and implementation strategy to provide housing choices, stimulate Transit Oriented Development (TOD), expand transportation options, address corridor-wide issues, leverage public and private investment and resources, and create sustainable communities. Background The proposed 15-mile, 17-station Southwest LRT line will serve Eden Prairie, Minnetonka, Edina, Hopkins, St. Louis Park and Minneapolis (Figure 1). Southwest LRT will be the region's first light rail line that extends from a central city through several suburban communities. The line will expand the region's transit system by connecting to the Hiawatha and Central LRT lines, the Northstar Commuter Rail line, the proposed Bottineau Transitway and the region's bus network at the Transportation Interchange and Southwest Metro Transit in Eden Prairie. The line will improve access to jobs, housing, community and medical facilities, entertainment, recreation area, and educational institutions. Under Hennepin County Regional Railroad Authority (HCRRA) leadership, the Southwest LRT Southwest LRT line recently achieved a major milestone with the selection of a Community preferred route, LRT 3A. The Alternatives Analysis (AA) process is complete and the Works will to enter PreliminaryEngineeringBymid-2010, the project will maximize the project is ready (PE)' p benefits that lie be transferred to the Metropolitan Council which will prepare and submit an "beyond the application to the FTA to begin preliminary engineering of the LRT line. The rails." Metropolitan Council will establish a Southwest Corridor Management Committee and Southwest LRT Project Office in late 2010. On December 15, 2009, the Hennepin County Board established Southwest LRT Community Works Project to support community and economic development in concert with the development of light rail transit in the Southwest metro. Staff was directed to prepare a project description and work plan in consultation with the cities of Eden Prairie, Edina, Minnetonka, Hopkins, St. Louis Park and Minneapolis, the Metropolitan Council and other identified stakeholders (attachment A). EDEN PRAIRIE ■ MINNETONKA ■ EDINA ■ HOPKINS ■ ST LOUIS PARK ■ MINNEAPOLIS Fsenneyir+ $flhiTUIIiET transitwatr green means go. Introduction Lessons learned from the Hiawatha and Central Corridor lines confirmed the vital role of a strategic, collaborative, integrated framework to address coordination, planning, and implementation for public investment to deliver Southwest LRT Goals light rail's broader benefits. The Southwest LRT project has goals to enhance • Improve Mobility • economic development and housing and promote integrated, sustainable Cost-effective/Efficient • Preserve the design. Through partnerships, Southwest LRT Community Works will maximize Environment the benefits that lie "beyond the rails." The program will build on successful • Protect Quality of Life corridor and regional partnerships and effective delivery systems to align • Support Economic policies, including federal initiatives to create sustainable communities, enhance Development economic competiveness through better access to housing and jobs, improve efficiency of public infrastructure investments, unlock private capital, and create healthy, safe, and walkable neighborhoods served by public transit. Southwest LRT Community Works Project Geographic Boundaries To effectively use public investments to leverage private investment in and around station locations, Southwest LRT Community Works investments will focus primarily on the % mile radius around stations, but will be flexible enough to respond to opportunities to provide linkages to housing, community amenities, natural resources, employment centers, commercial activity areas, or other destinations. Figure 1 identifies the proposed Southwest LRT Community Works geographic boundaries Southwest LRT Community Works Project Goals Goals for the Southwest LRT Community Works Project will reflect those contained in municipal comprehensive plans, Hennepin Community Works Program parameters, Southwest LRT project goals, and federal Sustainable Communities initiatives. Initial Southwest LRT Community Works Project goals include: • Maximize public/private investment along the corridor • Strategically align resources to promote economic development and redevelopment at station locations • Stimulate employment development to ensure accessibility to jobs for people of all income levels • Promote and implement a range of housing opportunities along the corridor • Improve multimodal connections to stations, within station areas and to key destinations along the corridor in keeping with the County's Complete Streets policy • Promote sustainability, including natural system preservation and enhancement, energy efficiency, and reduced carbon emissions throughout the corridor EDEN PRAIRIE ■ MINNETONKA s EDINA ■ HOPKINS ■ ST LOUIS PARK ■ MINNEAPOLIS Ili ■ S0u1TWQT transitwattr green means go. Southwest LRT Community Works provides an organization and a process for partners to: • work closely with the Southwest LRT Project to ensure timely coordination with project decision points, infrastructure investments, and delivery of the transit line • garner broad-based community and business input through a transparent public engagement process • establish and pursue a shared vision for the corridor that develops each station as a unique transit- centered place • inventory key redevelopment opportunities along the corridor and adjacent to stations • develop a framework for public investments that will leverage private investment and deliver community and economic benefits • align jurisdictional authorities, policies, technical and financial resources • advocate collectively for corridor-wide funding needs • acknowledge the importance and investments of property owners along the LRT corridor Southwest LRT Community Works Core Partners Core partners in Southwest LRT Community Works Project will include Initial Partners Hennepin County, the Hennepin County Regional Railroad Authority (HCRRA), • Hennepin County & the cities of Eden Prairie, Minnetonka, Hopkins, St. Louis Park, Minneapolis, HCRRA • Edina, and the Metropolitan Council. As the Southwest LRT Community Eden Prairie • Minnetonka Works Project evolves over time additional partners may be added. • Hopkins • St. Louis Park Following the model of the Southwest LRT project under the HCRRA's • Minneapolis direction, a robust public engagement process will involve stakeholders early • Edina • and often throughout the process Metropolitan Council Other government agencies, organizations, community groups, businesses, nonprofits, institutions and agencies will also play key roles in the implementation of the Southwest LRT Community Works project. Many of these organizations and agencies will collaborate with the Partnership Steering Committee on specific issues and/or projects and may, over time, become Partnership Steering Committee members. A significant and meaningful public engagement process will involve stakeholders early and often throughout the process and clearly define how their input will be gathered and used. EDEN PRAIRIE ■ MINNETONKA ■ EDINA ■ HOPKINS ■ ST LOUIS PARK ■ MINNEAPOLIS Fsenneyin flhITUIIICT rans i two green means go. Southwest LRT Community Works Organizational Structure Governance and Policy The Southwest LRT Community Works Project is designed to evolve over time and with flexibility to respond to opportunities. The Southwest LRT Community Works Project will be established under the direction of a steering committee composed of the core project partners including: • Elected officials appointed by the cities of Eden Prairie, Edina, Hopkins, Minneapolis, Minnetonka and St. Louis Park • Chair of the Metropolitan Council • Two Hennepin County Commissioners • One Hennepin County Regional Railroad Authority Board Member A staff working group composed of representatives from Steering Committee partners, and others, will be assembled to implement the Southwest LRT Community Works work plan. This staff group will report to the Steering Committee. The Southwest LRT Community Works Steering Committee is designed to be linked to the Southwest LRT Corridor Management Committee to ensure policy coordination and the strong integration of land use/economic development and engineering. Figure 2 documents this relationship. To facilitate communications between the LRT and Community Works project staff, it is recommended that the SW LRT Project Office include physical space for SW LRT Community Works in what can be described as a "design exchange" where engineering and land use plans and issues can be displayed and discussed among professional staff. It is also recommended that Hennepin County and Metropolitan Council seek funds to support two full-time professional staff (one civil engineer and one planner) to ensure that direct collaboration occurs between the preliminary engineering process and the land use/economic development process. In addition, this will ensure that preliminary engineering progress and results are shared with municipalities, business and community organizations and, similarly, that station area and municipal plans for land use and redevelopment are shared with SW LRT engineering staff. Administration Within the first six months, the Steering Committee will need to determine the kinds, amounts and sources of administrative support required. It is recommended that Hennepin County provide initial planning, legal, administrative and other implementation support for the Steering Committee. Southwest LRT Community Works Work Plan EDEN PRAIRIE MINNETONKA r EDINA .: HOPKINS ST. LOUIS PARK MINNEAPOLIS 11 Figure 1 Southwest LRT Corridor 0 i�, ,Yµ Legend ,0 lei- ', :- .'. : ":,s l: <� s Southwest LRT Station ca i '• 0 ; 3 Southwest LRT Corridor 1 I� I.... '��;, ' -`�i� , .. Quarter Mile Radius T.Lb IS PARK + x „ 1`� i..:_zz, , , _,J.__,•-:2:. � �,'. z•F$ " I I Half Mile Radius • 15.i 1 � r It F` t. r One Mile Radius �.,. j is �� yra '$ L ._.._.._ T ., s 4 '..J Two Mile Radius 1 a ,14¢s:42I(a NN • 14 HOPKINS -g}`L -:- • V r,r't •• City Boundary Imo. M`�` "., F r4,t y f13 04 i F l P • 1 Y i- °'RIS s z i . 1 ,�y•A' y u ``� f 1..I.. '1. Y .- h :71. U. r •�I 3� yy�{{��,, � -� ��K����; x� slj� dot • V-.t �' TF• 4. i� A�� .1 ti•r elm � ra.l •"' 1 ', is- . '.,,, (2;+, azi l F'�`,:c -�� ja `�' •- :� "'j t 'y', a `. W+ 5"1 !z• °�+y�.i r / ` '-' Li --2i( 5 ff ' "gam II /�1�.a r_.=• I f l,.yg 4.7at3 +;z qY ><�j H u.,f EDEN PRAIRIE i yr ��F Wiz, iMiles 0 2 BLOOMINGTO :. a� y MOMaMNoe,--ft ,,,+4 rity Me po nCouno M ✓_ ._. .. _ - , L - •e a eae osnvzom v t �. 4s '� d ��, � '� d m ma -no.i.m rre.remr rmMm..re.-zwa.e wt ,x x"'t t'�' � .' � ro My S . ., re v :� Hennepin County Hi -` L pa,_ . 44t �' e•a Department of Haus ng f Commun'ty Works and Transit Southwest LRT SW LRT Project Figure 2 Community Works Project ElnDOD Met Council Partner Hennepin Business Community Cities County Organizations Organizations A 4fri. 11 I I 14rli I I I I I I I I I I I I I I I I 111'.-44 I I I I I I I I ll''1111 I itil Corridor SW LRT Corridor ,____ SW LRT Community Works Station Area Advisory 0 Management Committee * Project Steering Committee &Other Committees g Advisory (TBD) Committees (TBD) 0 SW LRT Project cJ Director O cJ oDeputy Project Director Pi Assistant Project Director Environmental/Intergovernmental Affairs &Agreements I I I I Environmental Intergovernmental Land Use/ 1 Administrative Affairs &Agreements Community Works Coordinator I *Appointed by the Chair or the Metropolitan Council Consultants Living Cities Project Staff pursuant to state statute. (TBD) Project Team flhITUIIICT rans i two green means go. (July 1, 2010 to December 31, 2011) 1. Convene Partnership Steering Committee. • Establish a formal partnership agreement (similar to Midtown Community Works) to provide financial and administrative support, adopt governance procedures, and establish financial and resource support requirements for participating members. • Establish an organizational link and working relationship with the Southwest LRT Project Office • Foster mutual understanding among partners of LRT and Community Works Project parameters, schedule, and decision points. 2. Identify immediate and long term Community Works financial needs and potential resources including public and private financial and professional support. • Research and create a comprehensive public investment framework that includes strategies to leverage public investment to attract, shape, and accelerate appropriate private investment. 3. Begin development of a comprehensive corridor investment framework. • Develop an existing conditions inventory and document using a series of maps including, but not limited to: local policies and regulatory mechanisms pertaining to the Southwest LRT Corridor, including comprehensive plans, small area plans, neighborhood plans, zoning ordinances, station area plans, Transit Improvement Area plans, and transportation plans: location, size, and extent of infrastructure projects and investments; community amenities, parks, schools, housing, employment and shopping centers; and, demographic, economic, and regulatory conditions; land uses, amenities, housing types, employment • Develop a future conditions inventory and document using a series of maps including the items listed above. • Assess completed station area plans to identify gaps, intermediate time frame implementation recommendations, TOD supportive improvements and TOD opportunity sites. • Conduct corridor and station area market studies. Examine and document site control issues and land acquisitions opportunities. • Map opportunity sites and major issues and prepare short-, interim-, and long-term strategies to preserve strategic land parcels and community assets and access to these sites. • Provide an established and coordinated voice to support funding request and legislative initiatives related 4. Research and develop a framework to align municipal and corridor-wide development authorities and planning land use controls, coordinate with financial resources and recommend authority changes as needed to support Southwest LRT Community Works objectives and strategies. Southwest LRT Community Works Financial Resources EDEN PRAIRIE MINNETONKA r EDINA .: HOPKINS ST. LOUIS PARK MINNEAPOLIS 11 qmili rlall nSill tlWillaCtFr green means go. One of the Steering Committee's first tasks is to garner and focus resources among the core partners to address administrative needs and initiate the work plan elements. Over the course of the project, it is envisioned that an investment portfolio will be assembled, primarily from resources available to participating organizations. This portfolio will provide assistance and incentives to attract other investments and secure funds for key implementation activities. Potential investment portfolio elements may include County resources (TOD and other bonds, housing assistance, environmental funds, workforce funds, business development loans and state and federal assistance administered by the county, and others), Met Council funds (Livable Communities Act, Tax Base Revitalization and others), municipal resources (Tax Increment Financing, development fees and others), and the proposed TIF for TOD. The Steering Committee's corridor investment framework will guide Southwest LRT Community Works investment decisions and member participation. Immediate resources to support the organization of Southwest LRT Community Works project, begin critical planning, and promote broader education about TOD opportunities, include: Project Administration (2010-2011) $80,000 (Staff and meeting support for Steering Committee and Work Groups-some in kind) Initial Strategic Planning & Investment Framework $300,000 (Living Cities funding request is pending. Work could be started using existing partner resources) Total $380,000 Because resources among the core Community Works partners are finite, the Southwest LRT Community Works Project will endeavor to create a framework to help partners strategically align existing resources to maximize leverage from other sources. Consistent with the Southwest LRT Community Works Evaluation goal of achieving Evaluation should occur throughout the project to inform stakeholders of progress and multiple, sustainable community benefits, determine if investments yield desired results in keeping with the development Southwest LRT framework. Monitoring progress and taking corrective action ensures that project Community Works will objectives are being met. Partners will perform the following evaluation functions: identify potential resources and tools 1. Identify outcomes for the project's goals. available for public 2. Determine milestones and measures. Monitor accomplishment. infrastructure, public 3. Identify funds leveraged and development catalyzed by public investment. realm improvements and other investment 4. Identify accomplishment of county initiatives and integration between LRT line strategies to attract design and land use/TOD/economic development decisions. private investment in 5. Identify best practices for use in future corridor projects. ways that deliver maximum community benefits. EDEN PRAIRIE ■ MINNETONKA ■ EDINA ■ HOPKINS n ST. LOUIS PARK ■ MINNEAPOLIS Hennepin County, Minnesota RESOLUTION NO. 09-0596 [2009] www.fiennepin,us The following Resolution was offered by Public Works, Energy & Environment Committee: WHEREAS, the proposed Southwest Light Rail Transit (LRT) Line will serve the Cities of Eden Prairie, Edina, Hopkins, Minneapolis, Minnetonka, and St. Louis Park, as a Federal Transit Administration (FTA) New Starts project and is included in the Metropolitan Council's long-range Transportation Policy Plan; and WHEREAS, enhancing economic development is one of five adopted goals of the Southwest LRT project, consistent with the FTA goals and measures of evaluation for funding New Starts projects; and WHEREAS, the Southwest LRT Line presents numerous opportunities for transit-oriented economic development that maximizes public and private investments along the corridor, particularly in the areas surrounding transit stations; and WHEREAS, Hennepin Community Works is a program with demonstrated effectiveness in bringing communities together to create jobs, provide access to employment, and enhance the long term value of communities by investing in infrastructure, public works, parks and the natural environment; and WHEREAS, Hennepin Community Works is an appropriate program for integrating the Southwest LRT Line with targeted economic development activities, and is consistent with new federal programs through the Interagency Council on Sustainable Communities to promote the coordination of transportation, housing, community development, energy and environmental policies; therefore BE IT RESOLVED, that the Hennepin County Board of Commissioners establishes the Southwest LRT Community Works project and directs staff to report back to the County Board within 90 days of adoption of this resolution with a Southwest LRT Community Works plan that includes project goals, the geographic boundary of the project, identification of participating organizations and the organizational structure, and a work plan and budget; and BE IT FURTHER RESOLVED, that the Hennepin County Board directs staff to develop the Southwest LRT Community Works project and plan in consultation with the cities of Eden Prairie, Edina, Hopkins, Minneapolis, Minnetonka, and St. Louis Park, the Metropolitan Council, and other Southwest LRT key stakeholders. The question was on the adoption of the resolution and there were 7 YEAS and 0 NAYS, as follows: County of Hennepin Board of County Commissioners YEAS NAYS ABSTAIN ABSENT Mike Opat X Mark Stenglein X Gail Dorfman X Peter McLaughlin X 1 Generated 12/16/2009 12:21:15 PM Randy Johnson X Jan Callison X Jeff Johnson X RESOLUTION ADOPTED ON 12/15/2009 Y)Pwa:?(,z( ATTEST: Clerk to the County Board 2 Generated 12/16/2009 12:21:15 PM Hennepin County Board Action Request 1 0-0303 R 1 www,hen nepi n.us Item Description: Accept staff report of Southwest LRT Community Works Project Description &Workplan; direct project implementation; appoint commissioners to represent the County Board on project Steering Committee Resolution: WHEREAS, the Southwest LRT Line has been advanced through planning, alternatives analysis, conceptual engineering, and environmental review processes under the leadership of Hennepin County and its Regional Railroad Authority and is now being transferred to Metropolitan Council sponsorship for purposes of engineering, construction and operation; and WHEREAS, development and operation of the Southwest LRT line presents unprecedented opportunities to enhance the public benefits of transit investments through strategic, coordinated public and private investments "beyond the rails"that will support economic development, creation of accessible jobs and housing, more efficient uses of land, and creation of healthy, safe and walkable neighborhoods served by public transit; and WHEREAS, the Hennepin County Board has established the Southwest LRT Community Works Program to guide and support community and economic development in concert with light rail transit development in the Southwest corridor and staff has prepared, as directed, a Project description and work program for the Southwest LRT Community Works Project, BE IT RESOLVED, that the Hennepin County Board accepts the staff report, Southwest LRT Community Works Project Description and Workplan, approves its recommendations for implementation of the Southwest LRT Community Works Project and directs the County Administrator to take necessary steps to begin project implementation and to report back on implementation progress and results as of December 31, 2010, and BE IT FURTHER RESOLVED, that the Board establishes the Southwest Corridor LRT Steering Committee to consist of two Hennepin County Board members, a board member of the Hennepin County Regional Railroad Authority, one elected official appointed from each of the cities of Eden Prairie, Edina, Hopkins, Minneapolis, Minnetonka, and St. Louis Park, and a representative of the Metropolitan Council, and that the Steering Committee be authorized to add and include additional stakeholder representation as appropriate throughout the course of the project, and BE IT FURTHER RESOLVED, that the Board appoints Commissioners Gail Dorfman and Jan Callison to represent the Hennepin County Board on the project Steering Committee. Page 1 of 3 Hennepin County Board Action Request (continued) '"'"" us Requesting Department Housing Community Works Transit Recommendation from County Administrator Recommend Approval Committee Assignment Public Works, Energy& Environment Committee Background The Southwest LRT line is a 15 mile corridor from Eden Prairie to downtown Minneapolis, passing through the cities of Eden Prairie, Minnetonka, Hopkins, St. Louis Park and Minneapolis. Following more than a decade of preliminary planning, feasibility studies, land acquisition and alternatives analysis under the sponsorship of Hennepin County, the project is being transitioned from Hennepin County to the Metropolitan Council as it is being prepared to enter the preliminary engineering (PE) phase of development. Recent experiences with design and construction of the Hiawatha and Central light rail transit (LRT) (lines have underscored the importance of coordinating land use planning along the LRT line with design and engineering of the line itself. Such coordination can maximize economic development along the corridor and public benefits emanating from both LRT and development investments. The Hennepin County Board of Commissioners established the Southwest LRT Community Works Project in December, 2009, to provide an organizational structure and process for coordinating LRT engineering and land use planning (Resolution 09-0596). The resolution also directed County staff to prepare, in consultation with municipalities, the Metropolitan Council and other stakeholders, "a Southwest LRT Community Works plan that includes project goals, the geographic boundary of the project, identification of participating organizations and organizational structure, and a work plan and budget." A staff report, Southwest LRT Community Works Project Description and Work Plan (attached), has been prepared in response to Resolution 09-0596. The report addresses the elements specified in Resolution 09-0596 and includes an organizational chart linking the Southwest LRT Community Works Project to the SW LRT Project Office. The report also proposes establishment of a Steering Committee for the Southwest LRT Community Works Project comprised of elected representatives of the County, Regional Rail Authority, Municipalities along the corridor and a representative of the Metropolitan Council. Upon appointment and organization, the Steering Committee would guide start-up activities and inclusion of additional stakeholders in the project. The proposed resolution accepts the staff report, approves its recommendations for implementation of the Southwest LRT Community Works Project and directs the County Administrator to take necessary steps to begin project implementation and to report back on implementation progress and results as of December 31, 2010. The resolution also provides for the Board's appointment of two commissioners to represent the County on the Steering Committee and requests that they invite participation of the other organizations and convene an organizational meeting of the Steering Committee. Approvals Page 2 of 3 Department Head Eckhert, Philip C. Date 6/24/2010 Deputy/Assistant Administrator Nookala, Marthand Date 6/25/2010 County Administrator Date Page 3 of 3 Hennepin County, Minnesota RESOLUTION NO. 10-0303R1 [2010] www.h nnepin,us The following Resolution was offered by Commissioner Callison and seconded by Commissioner Stenglein: WHEREAS, the Southwest LRT Line has been advanced through planning, alternatives analysis, conceptual engineering, and environmental review processes under the leadership of Hennepin County and its Regional Railroad Authority and is now being transferred to Metropolitan Council sponsorship for purposes of engineering, construction and operation; and WHEREAS, development and operation of the Southwest LRT line presents unprecedented opportunities to enhance the public benefits of transit investments through strategic, coordinated public and private investments "beyond the rails"that will support economic development, creation of accessible jobs and housing, more efficient uses of land, and creation of healthy, safe and walkable neighborhoods served by public transit; and WHEREAS, the Hennepin County Board has established the Southwest LRT Community Works Program to guide and support community and economic development in concert with light rail transit development in the Southwest corridor and staff has prepared, as directed, a Project description and work program for the Southwest LRT Community Works Project, BE IT RESOLVED, that the Hennepin County Board accepts the staff report, Southwest LRT Community Works Project Description and Workplan, approves its recommendations for implementation of the Southwest LRT Community Works Project and directs the County Administrator to take necessary steps to begin project implementation and to report back on implementation progress and results as of December 31, 2010, and BE IT FURTHER RESOLVED, that the Board establishes the Southwest Corridor LRT Steering Committee to consist of two Hennepin County Board members, a board member of the Hennepin County Regional Railroad Authority, one elected official appointed from each of the cities of Eden Prairie, Edina, Hopkins, Minneapolis, Minnetonka, and St. Louis Park, and a representative of the Metropolitan Council, and that the Steering Committee be authorized to add and include additional stakeholder representation as appropriate throughout the course of the project, and BE IT FURTHER RESOLVED, that the Board appoints Commissioners Gail Dorfman and Jan Callison to represent the Hennepin County Board on the project Steering Committee. The question was on the adoption of the resolution and there were 6 YEAS and 0 NAYS, as follows: County of Hennepin Board of County Commissioners YEAS NAYS ABSTAIN ABSENT Mike Opat X Mark Stenglein X Gail Dorfman X Peter McLaughlin X Randy Johnson X 1 Generated 7/23/2010 11:16:23 AM Jan Callison X Jeff Johnson X RESOLUTION ADOPTED ON 7/22/2010 ..c )')PW;rkz( ATTEST: Clerk to the County Board 2 Generated 7/23/2010 11:16:23 AM Hennepin County Department of Housing,Community Works&Transit Hennepin - - - - -- 417 North Fifth Street,Suite 320 612-348-9260,Phone Minneapolis,Minnesota 55401-1362 612-348-9710,Fax 612-5 96-6985,T D D/T YY www.hennepin.mn,us July 22, 2010 Mayor Phil Young City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Young: To formalize and expand early collaborations across jurisdictions within the Southwest Light Rail Transit(LRT) Corridor, Hennepin County has established the Southwest LRT Community Works project. Please refer to the attached establishing resolution and project description for detailed information. A Steering Committee is being assembled to direct the Southwest LRT Community Works project, as well as liaison with the Southwest LRT Corridor Management Committee to ensure policy coordination and project oversight. Upon convening, the Steering Committee will establish partnership requirements, administrative needs, leadership, work plans, and meeting procedures. We invite you to appoint one elected official and an alternate to this committee. The first meeting will be held on Wednesday, September 8, 2010 at 8:00 am in the Council Chambers at the St. Louis Park City Hall. In addition to the Southwest LRT Community Works Steering Committee, a staff working group will be established to implement the work plan. The working group will include representatives from Steering Committee partners and will report to the Steering Committee. We look forward to working with you on the Southwest LRT Community Works project. Please contact Patrick Connoy at (612) 348-2215 or patrick.connoy a,co.hennepin.mn.us to provide contact information for your representative to the Southwest LRT Community Works Steering Committee. Thank you. Sincere „&O Philip C. Eckhert Director Hennepin County Housing, Community Works & Transit cc: Scott Neal, City Manager Janet Jeremiah, Community Development Director An Equal Opportunity Employer Recycled Paper CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott H. Neal, City Manager MAC Commercial Development Protocol Synopsis At the July 20 Council meeting, the Council approved three lease agreements between the City and the Metropolitan Airports Commission(MAC) for the future expansion of Flying Cloud Fields and the continued operation of the Pioneer Trail garden plots. During the time that City staff was working with our peers at MAC on the negotiation of the lease documents, we were also discussing the development of a Memorandum of Understanding (MOU) describing the process MAC would intend to follow in order to commercially develop their excess property around Flying Cloud Airport. I have included the latest draft of that MOU (dated July 8, 2010) with this Council Packet. The MAC Commission has approved this draft MOU. The City Council has not acted on it yet. MAC staff has informed me that they believe this MOU is an integral part of the lease agreement negotiation. In other words, they believe their Commission's approval of the lease agreements is contingent upon the City Council's acceptance and approval of this MOU. City staff and legal counsel do not agree with that position. We believe we are entitled to Flying Cloud Fields lease agreements based on the 2002 Final Agreement. We do not believe it is appropriate for MAC to make this development MOU a new condition of their approval of leases they agreed to negotiate in the 2002 Final Agreement. I have informed MAC staff that I would bring the draft development MOU to the Council for discussion at the August 17 meeting. City staff will continue to talk with MAC staff about this matter in search of a mutually acceptable compromise. Attachment MAC Draft MOU Agreement Regarding Certain Development Projects at Flying Cloud Airport DRAFT July 8,2010 (Pending Approval) MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN DEVELOPMENT PROJECTS AT FLYING CLOUD AIRPORT This Memorandum of Understanding ("MOU") is entered into between the City of Eden Prairie ("City") and the Metropolitan Airports Commission ("MAC") to establish a mutually agreeable procedure for certain development projects at Flying Cloud Airport. In exchange for all of the commitments in this MOU, MAC and the City agree as follows: A. Definition of Development Project. For purposes of this MOU, the term "Development Project" means any development project on MAC- owned property at Flying Cloud Airport, except any aeronautical development project. (An aeronautical development project includes, but is not limited to, an airfield project, hangar project, FBO development project or FBO facility development project.) B. Procedure for Development Projects. The following shall apply to all Development Projects: 1. MAC will solicit input from City staff to identify appropriate uses for potential Development Projects. Development Projects will not require modification of the City's Comprehensive Plan. 2. MAC and/or the developer of the project will provide the City and property owners within 500 feet of the development site a written notice of the proposed Development Project at no cost to the City, except that the City will cooperate with MAC by providing mailing addresses, etc. The distance may be expanded to 1000 feet in certain circumstances based on agreement between MAC and the City. 3. MAC and/or the developer will convene a public meeting to present the proposed Development Project and take comments. 4. MAC will incorporate the City's design standards for like-kind projects (i.e.: building materials, site development guidelines, utility requests, etc.) in addition to its own construction guidelines into its leases or development agreements for Development Projects; it being understood that MAC shall make the final determination regarding compliance with such standards and that all projects shall comply with the then-current State Building Code. 5. As lease proposals for Development Projects are carried forward to the MAC Board of Commissioners for approval, the public comments and any City staff comments will be included with the information package submitted to the MAC Board of Commissioners. Page 1 of 4 DRAFT July 8,2010 (Pending Approval) 6. MAC will direct project developers of Development Projects to the City for building permits, pursuant to the City's standard policies and state law. 7. The City will cooperate with MAC and project developers on provisions for sewer and water services, storm water detention requirements and necessary curb cuts to public streets for Development Projects. MAC and/or the project developer will pay for any actual costs for street or utility improvements made for Development Projects as described in the preceding sentence, including engineering, escrow, or permit costs, pursuant to the City's standard policies and state law and to the extent MAC is benefitted by the improvements. C. Termination. This MOU shall terminate upon expiration, termination, or non-renewal of the FCM Athletic Fields Expansion Area Lease Agreement that is dated Page 2 of 4 DRAFT July 8,2010 (Pending Approval) IN WITNESS WHEREOF, MAC and the City have signed on the date(s) indicated below, intending to be bound thereby. METROPOLITAN AIRPORTS COMMISSION CITY OF EDEN PRAIRIE: By: By: Name: Name: Title: Title: Date: Date: State of Minnesota County of This instrument was acknowledged before me on the day of ,2010 by as the authorized representative of the Metropolitan Airports Commission. (Notary Seal) Signature of Notarial Officer Title (and Rank) My commission expires: State of Minnesota County of This instrument was acknowledged before me on the day of ,2010 by (Notary Seal) Signature of Notarial Officer Title(and Rank) Page 3 of 4 DRAFT July 8,2010 (Pending Approval) My commission expires: Page 4 of 4 CITY COUNCIL AGENDA DATE: August 17, 2010 SECTION: Fire Chief Report DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.G.1. George Esbensen Joint and Cooperative Agreement for the Fire Department Acquisition and Use of Firefighting Equipment Requested Action Move to: Approve execution of the amended joint and cooperative agreement for the acquisition and use of firefighting equipment and services. Synopsis The amended agreement addresses the following: • Allows for either a purchase or lease • Allows for a greater variety of fire equipment and services than the original focus on Self Contained Breathing Apparatus allowed Background Information Following the success of the original agreement used to acquire Self Contained Breathing Apparatus, the members of the JPA decided to expand the scope of the agreement to include a variety of products and services. It is believed that the continued expansion of this group and the economies of scale it creates will enhance purchasing power and lower costs. It is further believed that as the various communities continue to respond to incidents together, the benefits of common equipment will be realized through more efficient and seamless operations. The idea is for one city to act as the lead agency in obtaining bid proposals from vendors, each city would enter into its own contract with the vendor for the number of units and service levels desired. There is an operating committee that would oversee the selection and use of the equipment and services. The original parties of the agreement are the cities of Eden Prairie, St. Louis Park, Bloomington, Edina, and Minnetonka, other cities have since joined. Attachments Joint and Cooperative Agreement for the Acquisition and Use of Firefighting Equipment SECOND AMENDED AND RESTATED JOINT & COOPERATIVE AGREEMENT FOR THE ACQUISITION AND USE OF FIREFIGHTING EQUIPMENT 1. Purpose This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of governmental powers common to contracting parties. The intent of this Agreement is to make available firefighting equipment to the governmental agencies who are parties to this Agreement either through purchase or lease. The intent of this agreement is to also replace and rescind that certain Amended and Restated Joint& Cooperative Agreement For The Acquisition and Use of SCBA executed and approved by the parties in March, April and May, 2009 that was limited to the acquisition and use of self-contained breathing apparatus ("Prior Agreement"). 2. Parties The initial parties to this Agreement are the cities of Bloomington, Brooklyn Park, Eden Prairie, Edina, Hopkins, Saint Louis Park, and Minnetonka, all of which are municipal corporations and subdivisions of the state of Minnesota. Additional governmental agencies may become parties to this Agreement by adopting a resolution approving this Agreement and sending an original execution page and a certified copy of the resolution to the secretary of the Operating Committee established below. The secretary of the Operating Committee must maintain a current list of the parties to this Agreement and must notify the contact person for each party whenever there is a change in the parties to this Agreement. 3. Operating Committee 3.1. Creation. There will be an Operating Committee (the "Committee") to administer this Agreement. The Committee will consist of one representative appointed by each of the parties to the Agreement. In the absence of a specific appointment, a party's representative will be its fire chief. Each member of the Committee is entitled to one vote. 3.2. Procedural Rules. The Committee must adopt procedural rules to govern its operations. 3.3. Officers. Firefighting Equipment Joint Agreement Page 2 The Committee will select from its members a chair to conduct meetings, a vice-chair to act in the place of the chair, and a secretary to keep the records of the Committee. 3.4. Powers,Duties. The Committee has the authority and responsibility to administer this Agreement on behalf of the parties and to take all necessary actions allowed by law to implement its terms. 4. Procedures for Firefighting Equipment 4.1.Acquisition of Equipment. The Committee will take all action necessary for obtaining a contract for the purchase or lease of firefighting equipment by its members. The Committee will comply with the Municipal Contracting Law, including the preparation of specifications and request for proposals. The Committee will designate one of the member parties to act as the lead agency for selecting the contractor,based on the recommendation of the Committee. 4.2. Contract Terms. The contract with the selected contractor(the "Contract") must provide that each party to this Agreement will order firefighting equipment directly from the contractor and make payments directly to the contractor. No party will have any responsibility for paying for the firefighting equipment ordered by any other party. The Contract may include an option for the contractor to maintain and certify the firefighting equipment. The Contract must provide the terms of payment to the contractor for this service. 4.3. Rules for use of Equipment. The Committee will establish rules and procedures for the use of the firefighting equipment by the parties, including determining the responsibility for damage to, or loss of, the firefighting equipment. 5. Responsibility for Employees All persons engaged in the work to be performed by a party under this Agreement may not be considered employees of any other party for any purpose, including worker's compensation and other claims that may or might arise out of the employment context on behalf of the employees. All claims made by a third party as a result of any act or omission of a party's employees while engaged on any of the work performed under this Agreement are not the obligation or responsibility of any other party. Each party is responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing services under this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own Firefighting Equipment Joint Agreement Page 3 employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 6. Indemnification Each party agrees to defend, indemnify, and hold harmless the other parties against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the party and/or those of its employees or agents. Under no circumstances, however, may a party be required to pay on behalf of itself and another party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for two or more parties may not be added together to determine the maximum amount of liability for one party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 7. Duration This agreement will be in force from the date of execution by at least two parties and notification to the secretary of the Operating Committee. Any party may withdraw from this Agreement upon 30 days written notice to the other party or parties to the Agreement. Upon execution of all of the parties to the Prior Agreement, the Prior Agreement will terminate. 8. Execution A separate execution page is provided for each party. [Signature pages follow] Execution Page for the Second Amended and Restated Joint & Cooperative Agreement For Acquisition and Use Of Firefighting Equipment The party listed below has read, agreed to and executed this Agreement on the date indicated. Date Entity By Title And Title CITY COUNCIL AGENDA DATE: SECTION: Reports of the Fire Chief August 17, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.G.2. George Esbensen, Fire Chief Policy on the Special Assessment of Fire Protection System Installations Fire Department Requested Action Move to: Approve the Policy on the Special Assessment of Fire Protection System Installations Synopsis In Eden Prairie, virtually all new commercial construction since 1985 has required the installation of Fire Protection Systems, thus making those buildings safer in the event of a fire for both occupants and responding firefighters. During Eden Prairie's early years of commercial development there were a number of buildings that we constructed prior to 1985 and thus, the majority of buildings are not equipped with Fire Protection Systems. There are 121 of these unprotected commercial buildings in the Eden Prairie. Background Information It has been proven over the course of recent history that buildings with Fire Protection Systems are inherently safe. The Fire Department wishes to offer to owners of buildings without fire Protection systems the opportunity to have the cost of such systems financed at a favorable rate in order to make their buildings safer for themselves, the occupants and responding firefighters. This will be a VOLUNTARY program. Owners can expect to see a drop in their property insurance premiums as well as the peace of mind that in the event of a fire their building will not likely be destroyed. Furthermore, occupants and responders are significantly less likely to experience serious injury or death in a building with Fire Protection Systems. Attachments Policy on the Special Assessment of Fire Protection Installations Approved by Eden Prairie City Council on August 17, 2010 POLICY POLICY ON THE SPECIAL ASSESSMENT OF FIRE PROTECTION SYSTEM INSTALLATIONS The purpose of this Policy is to establish the basis upon which the City will consider petitions for the special assessment of fire protection system installations for existing buildings. STATEMENT OF POLICY 1. Minnesota Statutes Section 429.021, Subdivision 15 grants cities the authority to construct, reconstruct, alter, extend, operate, maintain, and promote fire protection systems in existing buildings, but only upon a petition pursuant to Minnesota. Statutes Section 429.031, subdivision 3. 2. Minnesota Statute Section 429.051 grants the City authority to assess the cost of a fire protection system improvement upon the benefitted property. 3. Fire Sprinkler Systems are a form of fire protection system and are covered by this Policy. 4. The City Council, as a matter of policy, finds it to be in the interest of public safety and the protection of property to encourage the installation of fire protection systems in existing buildings in the City. 5. The City Council will consider petitions for the special assessment of the cost of installing a fire protection system in existing buildings, subject to the following criteria: a. The petition must meet the requirement of Minnesota Statutes Chapter 429, as they apply to fire protection systems systems, and including the following: (1) In the case of a petition for the installation of a privately owned fire protection system, the petition shall contain the plans and specifications for the improvement, the estimated cost of the improvement and a statement indicating whether the city or the owner will contract for the construction of the improvement. (2) The city shall not approve the petition until it has reviewed and approved the plans, specifications, and cost estimates contained in the petition. The construction cost financed under Minnesota Statutes Section 429.091 shall not exceed the amount of the cost estimate contained in the petition. COUNCIL POLICY SPECIAL ASSESSMENT OF FIRE PROTECTION SYSTEM ASSESSMENT Page 2 (3) The petitioner may request abandonment of the improvement at any time after it has been ordered pursuant to Minnesota Statute Section 429.031, Subdivision 1 and before contracts have been awarded for the construction of the improvement under Minnesota Statutes Section 429.041, subdivision 2. If such a request is received, the city council shall abandon the proceedings but in such case the petitioner shall reimburse the city for any and all expenses incurred by the city in connection with the improvement. b. All fire protection systems petitioned under this policy shall be privately owned. c. The owner shall be responsible for contracting for the actual installation of the fire protection system. However, the City shall have the final right to disapprove of any contractor selected by the owner. d. The amount to be specially assessed for the project shall not exceed the amount of the construction estimate, plus 5% for any City administrative costs and interest charges. The petitioner shall be responsible for any construction costs exceeding the amount of the construction estimate. e. The petitioner must execute a Special Assessment Agreement in the form and substance as approved by the City Council, waiving all right to a public hearing and any appeal of the special assessment adopted by the City Council. f. No payment shall be made by the City for any installation until the work is completed and finally approved by the City and the assessment adopted. g. No special assessment shall be made for a period of more than 20 years, except as otherwise determined by the Council. h. Unless warranted by special circumstances, all petitions for the special assessment of the project must be received and acted upon by the City Council prior to the start of any fire protection system installation. 6. Consideration of any petition made under this Policy is subject to a determination by the City Council, in its sole discretion, that sufficient City funds are available for the project. City staff shall periodically advise the Council with regard to the availability of appropriate funds.