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City Council - 06/05/2012
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JUNE 5, 2012 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II I. GREATER MSP Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 5, 2012 7:00 PM, CITY CENTER CiChi 88 MIRd CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCECOLOR GUARD III. COUNCIL FORUM INI7'ATION IV PROCLAMATIONS/PRESENTATIONS A. HUMAN RIGHTS AWARD PRESENTATION V APPROXL OF AGENDA AND OTHER ITEMS OF BUSINESS II MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 15, 2012 B. CITY COUNCIL MEETING HELD TUESDAY,MAY 15, 2012 M. REPORTS OF ADISORY BOARDS & COMMISSIONS III. CONSENT CALENDAR A. CLERKS LICENSE LIST B. REPUBLIC COMPRESSED NATURAL GAS FUELING FACILITY by Clean Energy.Second Reading of the 0 dinance for Planned bit Development District Review on nacres and lining District Amendment within the 12 &ring District on&cres ;Resoluti on for Site Plan Review on nacres. Location:Flying Cloud Drive. (Ji PUD Di iRid ipAAtho WIPIRjv C. APPROI SECOND READING OF ORDINANCE ADDING CITY CODE SECTION 5.75 RELATING TO ILLICIT DISCHARGE DETECTION AND ENFORCEMENT AND ADOPT RESOLUTION APPROING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL AGENDA June 5M Page 2 D. DIRECT STAFF TO NOT WAIF' MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 46.04 E. APPROF THE CITYS CAPITAL ASSET POLICY F. APPROK CHANGE 0 RDER#FOR DEBBIE LANE AND ELLIE LANE DRAINTILE PROJECT G. ADOPT RESOLUTION AWARDING CONTRACT FOR THE MITCHELL ROAD STREET IMPROE'MENT PROJECT TO NORTHWEST ASPHALT, INC. H. APPRO1 PROFESSIONAL SERV ICES AGREEMENT WITH HTPO FOR CONSTRUCTION SERICES ON THE MITCHELL ROAD PROJECT I. APPROK RELEASE OF AG REEMENT REGARDING SPECIAL ASSESSMENTS J. APPROI SPECIAL ASSESSME NT AGREEMENT WITH GRACE CHURCH FOR THE MITCHELL ROAD IMPROEMENTS K. ADOPT RESOLUTION APPROING AMENDMENT NO. 3 TO FIRST AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT FOR STERLING PONDSPRAIRIE ILLAGE PROJECT AND CONSENTING TO EXCUTION OF AMENDMENT NO. 3,A SUBORDINATION AGREEMENT AND A RELEASE OF MORTGAGE L. AWARD CONTRACT FOR REMOXL AND REPLACEMENT OF THROUGHWALL FLASHING AT WATER TREATMENT PLANT TO ADXNCED MASONRY RESTORATION M. SET PUBLIC HEARING FOR TUESDAY, JULY 17, 2012, REGARDING MODIFICATION OF TIF 42 A ND RELATED TIF DISTRICT INFORMATION IX PUBLIC HEARINGS/MEETINGS A. CUMMINS—PHIPPSGRILL PROP ERTY CONDITIONAL USE PREMIT B. FIRST READING OF ORDINANCES ENACTING FRANCHISE FEES FOR CUSTOMERS OF KEL ENERGY, CENTERPOINT ENERGY AND MINNESOTA XLLEY ELECTRIC COOPERATIK IN THE CITY OF EDEN PRAIRIE X PAYMENT OF CLAIMS CITY COUNCIL AGENDA June 5M Page 3 K ORDINANCES AND RESOLUTIONS A. EDENDALE PARKING EXANSION & SITE IMPROI MENT by Edendale Residence hc. Reqest for Planned hit Development Concept Review on 5licres, Planned hit Developm ent District Review with waivers and ffning District Amendment in th e RM-kning District on icres BUD CfRke Second Reading of the Glinance for Planned hit Development District Review with waivers and zoning District Amendment in the RM-Ening District on Icres, Resolution for Site Plan Review QdPUJJIDv 'MR& With XRiWIP1R v B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.0 RELATING TO ADMINISTRATIW APPEAL C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 115, SUBD. 11 RELATING TO EMERGENCY SERICE COSTS H. PETITIONS, REQES TS AND COMMUNICATIONS ICI. APPOINTMENTS kV REPORTS A. REPORTS OF COUNCIL MEMBERS 1. BINCIROCLC1Cin B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. R LU ID 2. Rd,IPIC"tiksY E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY X OTHER BUSINESS K ADJOURNMENT ANNOTATED AGENDA DATE: June lO) TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, June 51D TUESDAY,JUNE 5, 2012 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INITATION gen Podium is an opportunity for Eden Prairie residents to addre ss 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 ifo fpm.in the Council Chamber. f you wish to speak at On Podium, please contact the City Manager§ office at by noon of the meeting date with your name,phone number and subject matter. f time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. gen Podium is not recorded or televised. f you have qestions about gen Podium, please contact the City Manager§ (Tice. I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROK MINUTES OF HRA M EETING HELD ON APRIL 17, 2012 MOTION: Move to approve the minutes of the HRA meeting held on April 17, 2012. III. ADOPT RESOLUTION APPROING AM ENDMENT NO. 3 TO FIRST AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT FOR STERLING PONDS/ PRAIRIE ILLAGE PROJECT AND AUTHOR IYNG ERCUTION OF AMENDMENT NO. 3,A SUBORDINATION AGREEMENT AND A RELEASE OF MORTGAGE Sp The final taxncrement payment to the developer for the Sterling PondsPrairie N'lage was made in 2Pursuant to the Project Management Agreement(Agreement)the RA has a continued eqity interest in the proj ect. The RA desires to relintiish its eqity interest in the project in ethange for develope r§ commitment to continue to be bound, for an additional five years, by some of its obligations set forth in the agreement. This includes eending the affordable housing reqirement for the project for five more years. An analysis showed the value of the eqity interest is small and that the a ffordable housing brings a greater value for the RA and the City. As part of the refinancing of the project by the developer, the RA is reqested to subordinate the Agreemen t as amended to the new mortgage and to release the RA mortgage that secured certain repayment obligations under the Agreement. The City is being asked to adopt a similar resolution consenting to the transaction. ANNOTATED AGENDA June 51b Page 2 MOTION: Move to adopt Resolution Approving Amendment No. 3 to First Amended and Restated Project Management Agreement for the Sterling Ponds/ Prairie Village Project and Authorizing Execution of Amendment No. 3, a Subordination Agreement and a Release of Mortgage. IV ADJOURNMENT MOTION: Move to adjourn the HRA. COUNCIL MEETING IV PROCLAMATIONS /PRESENTATIONS A. HUMAN RIGHTS AWARDS Mayor Tyra-Lukens will read the award details, and a representative of the HRDC will present the award to this year's recipients. V APPROXL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. V MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MAY 15, 2012 B. CITY COUNCIL MEETING HELD TUESDAY,MAY 15, 2012 M. REPORTS OF ADISORY BOARDS & COMMISSIONS III. CONSENT CALENDAR MOTION: Move approval of items A-M on the Consent Calendar. A. CLERKS LICENSE LIST B. REPUBLIC COMPRESSED NATURAL GAS FUELING FACILITY by Clean Energy.Second Reading of the flinance for Planned lit Development District Review on acres and aning District Amendment within the lining District on Icres ;Resolution for Site Plan Review on Icres.Locationl Flying Cloud Drive. (DiEPUD Dine iir JI Ali StPIv ANNOTATED AGENDA June 511) Page 3 C. APPROE SECOND READING OF ORDINANCE ADDING CITY CODE SECTION 5.75 RELATING TO ILLICIT DISCHARGE DETECTION AND ENFORCEMENT AND ADOPT RESOLUTION APPROING SUMMARY ORDINANCE FOR PUBLICATION D. DIRECT STAFF TO NOT WAIF MONE TARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 46.04 E. APPROE THE CITYS CAPITAL ASSET POLICY F. APPROE CHANGE 0 RDER t FOR DEBBIE LANE AND ELLIE LANE DRAINTILE PROJECT G. ADOPT RESOLUTION AWARDING CONTRACT FOR THE MITCHELL ROAD STREET IMPROEMENT PROJECT TO NORTHWEST ASPHALT, INC. H. APPROE PROFESSIONAL SERICES AGREEMENT WITH HTPO FOR CONSTRUCTION SERICES ON THE MITCHELL ROAD PROJECT I. APPROE RELEASE OF AG REEMENT REGARDING SPECIAL ASSESSMENTS J. APPROE SPECIAL ASSESSMENT AGREEMENT WITH GRACE CHURCH FOR THE MITCHELL ROAD IMPROEMENTS K. ADOPT RESOLUTION APPROING AMENDMENT NO. 3 TO FIRST AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT FOR STERLING PONDSPRAIRIE ILLAGE PROJECT AND CONSENTING TO EKCUTION OF AMENDMENT NO. 3,A SUBORDINATION AGREEMENT AND A RELEASE OF MORTGAGE L. AWARD CONTRACT FOR REMOXL AND REPLACEMENT OF THROUGH- WALL FLASHING AT WATER TREATMENT PLANT TO ADXNCED MASONRY RESTORATION M. SET PUBLIC HEARING FOR TUESDAY, JULY 17, 2012, REGARDING MODIFICATION OF TIF S2 AND RELA TED TIF DISTRICT INFORMATION IX PUBLIC HEARINGS/MEETINGS A. CUMMINS—PHIPPSGRILL PROP ERTY CONDITIONAL USE PREMIT Oicial notice of this public he aring was published in the May 40 Eden Prairie News and sent to iroperty owners. Sp The Eden Prairie Htorical Society currently leases the Cummins Phipps Grill binestead and retlests a conditional use permit to allow activities inside and outside of the building as listed in the attachaconditional use permitllay clock ANNOTATED AGENDA June 51b Page 4 epires on August Vbk Certificate of Appropriateness is not regired.The Planning Commission voted 5(io recomme nd approval at its May 4tneeting. The litage Preservation Commission voted Rio recommend approval of the CPJ with the following modifications.Condition lhould read any cha nges to the use of the building or site from those established in these conditions shall regire an amended Conditional ti Permit'and Condition a.hould state shared parking shall be provided at the site.No parking on th e landscaped area around the house. These changes have been made to the CPJ. MOTION: Move to: • Close the Public Hearing; and • Approve the Conditional Use Permit for Cummins Phipps Grill House B. FIRST READING OF ORDINANCES ENACTING FRANCHISE FEES FOR CUSTOMERS OF KEL ENERGY, CENTERPOINT ENERGY AND MINNESOTA XLLEY ELECTRIC COOPERATIE IN THE CITY OF EDEN PRAIRIE Oficial notice of this public he aring was published in the May 40 Eden Prairie News. Sp These franchise fee ordinances for&1 Energy, CenterPoint Energy and Minnesota Mley Electric Cooperative come forward after many months of investigating potential revenue sources for pavement management. The Budget Advisory Commission recommended franchise fees as the most suitable source and further recommended that a flat fee be implemented. These fees will go into effect during the month of Oober and will generate approimately million per year. Franchise ilinances The franchise ordinances allow the companies to conduct business in Eden Prairie, allow them to use the right-of-way and set provisions for operating in the public way. These franchises replace ei ting franchises Wl and CenterPoint, which are set to epire in !',nd Respectively. This is Minnesota Mley Electric Cooperatives first franchis e with Eden Prairie. Franchise Fee Glinances These ordinances establish franchise fees for&1 Energy, CenterPoint Energy and Minnesota Mley Electric Cooperative. The rates are as follows: Rate per Month Category $ Residential 0 Small Commercial and hdustrial Non-demand $ Small Commercial and hdustrial Demand $ Large Commercial and hdustrial ANNOTATED AGENDA June 51b Page 5 MOTIONS: Motion #1 Move to: Close the public hearing. Motion #2 Move to: • Approve first reading of an ordinance adopting and approving a franchise for Xcel Energy; and • Approve first reading of an ordinance adopting and approving franchise fees for Xcel Energy. Motion #3 Move to: • Approve first reading of an ordinances adopting and approving a franchise for CenterPoint Energy; and • Approve first reading of an ordinance adopting and approving franchise fees for CenterPoint Energy. Motion #4 Move to: • Approve first reading of an ordinance adopting and approving a franchise for Minnesota Valley Electric Cooperative; and • Approve first reading of an ordinance adopting and approving franchise fees for Minnesota Valley Electric Cooperative. X PAYMENT OF CLAIMS K ORDINANCES AND RESOLUTIONS A. EDENDALE PARKING ERANSION & SITE IMPRO1 MENT by Edendale Residence lie. Reqest for Planned bit Development Concept Review on 3 acres, Planned bit Development District Review with waivers and&ring District Amendment in the RM-31ning District on Icres BUD CIRO/ Second Reading of the finance for Planned bit Development District Review with waivers and zoning District Amendment in the RM-31ning District on Icres, Resolution for Site Plan Review OM% UiD iMRwv ilk A4Ri&tPIRvv Sp The plan has been revised as follows. 1 The proposed parking area is located 8 feet from the north property line as compared with feet in the original plan. ANNOTATED AGENDA June 5lb Page 6 2 The garage is located 50 feet from the north property line as compared with 3 feet in the original plan. The garage is located 125 feet from the two closest homes to the north of the property 3 An Woot high board on board fence has been added along the proposed parking area.The fence will be 70 feet from the north property line. The proposed plan regires the following waivers. • Iii t* This provides screening of the parking area and a transition to the building from the single family areas to the north when there are no leaves on the trees. • WifB00 Milts There is room to replace trees along the north property line,however natural vegetation would have to be removed.An root area of natural vegeta tion in combination with the fence is a better approach to screening and transition. • Wiwi Id* A residential looking garage with earth tone colors for the siding , door, and roof would blend it better with the natural vegetation and the single family area to the north. Prior to land alteration and building permit issuance the applicant needs to provide the following for staff review and approval. • Detailed storm water runoff, utility and erosion control plans that show grading limits. • Final site plan showing the garage 6 feet from the north property line and parking ifeet from the north property line, and the fence (feet from the edge of the parking area. • Fence plan details for an W oot high board on board fence. • Eterior materials for the garage with earth tone colors for the siding, doors, and shingles. • Permit from the watershed district. • Mpg • DM US Wil MOTIONS: MOTION #1 Move to: • Adopt the Resolution for Planned Unit Development Concept Review on 3.25 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the RM-2.5 Zoning District on 3.25 acres. ANNOTATED AGENDA June 511) Page 7 MOTION #2 Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with Waivers and Zoning District Amendment in the RM — 2.5 Zoning District on 3.25 acres; and • Adopt the Resolution for Site Plan Review. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.8 RELATING TO ADMINISTRATIV APPEAL Sp The City Code Section on right of administrative appeal to the City Council is amended to clarify that there is no right to appeal to the City Council from a personnel decision. The employee handbook provides a means for appeal of decisions that culminates in the City Manager. Pursuant to Minnesota Statutes Sections Eubd.Ind the City Ma nager is the sole authority in a Class B City to appoint and remove all personnel. MOTION: Move to approve First Reading of an Ordinance Amending City Code Section 2.80 Relating to Administrative Appeal. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION £)5, SUBD. 11 RELATING TO EMERGENCY SERICE COSTS Sit Pursuant to State Statute the City is allowed to charge for emergency services it provides. City Code Sectio n pSubd.,l already enacted these charges. These revisions align Subd.hnore closely with State Statute, epanding what the City can charge for and allowing unpaid charges to be assessed. MOTION: Move to approve First Reading of an Ordinance Amending City Code Section 9.05, Subd. 11 Relating to Emergency Service Costs. N. PETITIONS, REOES TS AND COMMUNICATIONS NI. APPOINTMENTS W REPORTS A. REPORTS OF COUNCIL MEMBERS 1. BaiCiRfCtOCin SO At the reqest of the City Council, the BAC conducted a review of Mayoral and Council salary to provide rationale for making any changes. The BAC reviewed Mayor and Council salary of other cities, the history of salary, and other information that is included in the report. After an analysis of the data and discussion among the commission members the BAC report ANNOTATED AGENDA June 5l$ Page 8 concluded as follows:The BAC believes there is ade:ate data to support a salary increase. h the future, the BAC recommends blending the technology stipend and salary components together. Some pros and cons of the potential salary increase follow: PROS • Balance to other cities • Discontinuance of special meeting pay in ID • Adyistment for inflation CONS • Difficult economy • Citizen perceptionPublic opinion B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEWLOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Rd.ltF11)lR0 Sp Mike and Jenny Garvin, along with family and friends, have continued to recruit funds to be used towards increasing accessability within parks and play areas.Qbr previously contributed towards the Miller Park Barrier Free Play Area. The success of the Miller Park improvements have inspired the Garvin§, Miller§ and other families to contribute towards the concept of increasing accessibility within Eden Prairie Parks.When Mr.Garvin heard of th e proposed improvements to Round Lake Park,he indicated that he would like to see this donation assist with the proct. MOTION: Move to adopt the resolution accepting the donation from the Tom and Kathy Miller Family Foundation in the amount of $7,525 to assist with funding for accessible play features at Round Lake Park. 2. Rd�Pl=en% Sp Plans and specifications were prepared for this park reconstruction proct and the bid opening was held on May Where were a total of 3 bidders.The bids included a base bid amount and an add alternate'amount.The bid summary is as follows: Bi BBBill1n Adt Atn Gal ddsa I 9/) Custom Builders Tic. 0 Black/Dew,LLC $111 X ANNOTATED AGENDA June 51b Page 9 The consultant for the procct is Brauer and Associates and their recommendation is to award the bid to the lowest bidder, dbsa I The consultants estimate for this prooct was 3fEnd staff c oncurs with their recommendation. Park construction should begin in late July with a substantial completion date of @ober Whe final completion date is June 1I MOTION: Move to award the bid for the construction of Round Lake Park Redevelopment Phase Ito Odesa II. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY X OTHER BUSINESS X ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEi LOPMENT AUTHORITY TUESDAY,JUNE 5, 2012 7:00 PM, CITY CENTER C1Cht 88 MtRd HOUSING AND REDEE'LOPMEN T AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROE MINUTES OF HRA M EETING HELD ON APRIL 17, 2012 III. ADOPT RESOLUTION APPROING AM ENDMENT NO. 3 TO FIRST AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT FOR STERLING PONDSPRAIRIE ILLAGE PROJECT AND AUTHORING ERCUTION OF AMENDMENT NO. 3,A SUBORDINATION AGREEMENT AND A RELEASE OF MORTGAGE IV ADJOURNMENT UNAPPROED MINUTES HOUSING AND REDEE'LOPMENT AUTHORITY TUESDAY, APRIL 17, 2012 7:00 PM, CITY CENTER CiChi 88 MIRd HOUSING AND REDEE'LOPMEN T AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Rick Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 9PM in shared session with the City Council.All members were present. II. APPROE MINUTES OF HRA M EETING HELD ON DECEMBER 6, 2011 MOTION: Nelson moved, seconded by Case, to approve the minutes of the RA meeting held on December(!,s published.M1 0. III. ADOPT RESOLUTION HRA 201201 CO NE'YING CERTAIN PROPERTY FROM THE HOUSING AND REDEI LO PMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE (AUT HORITY)TO THE CITY OF EDEN PRAIRIE CITY)AND TERMINATIN G THE LEASE WITH THE CITY Getschow said these actions relate to the City Center and the original acgisition of the City Center.HInoted this is somewhat of a housekeeping procedure.The RA approved the purchase of the property and the issuance of bonds for the property.There are leaseholders in City Center who are also connected to this issue.The main issue is that the RA issued bonds and then refunded bonds.h Fe bruary of this year all bond payments have been made, therefore the lease payments from the City to the RA have been fulfilled.This action conveys the property to th e City of Eden Prairie.The City Council will then determine the lease between the RA and the City.kInoted the lease with CH Robinson epires in end the lease w ith the School District runs through Tonight§ actions may trigger potential termin ation of the lease with the School District. Rosow said the City Council motion should come before the RA motionee ItKA. in the City Council minutes for April yo MOTION: Aho moved, seconded by Nelson, to adopt Resolution RA !sn authorizing the busing and Redevelopment Aut hority IA)in and for the city of Eden Prairie to convey to the City of Eden Prairie all of the RA§right, title and interest in the property sub.Oct to the HA lease and decl aring the termination of the RA lease. Mh w0. HRA MINUTES April yip Page 2 IV ADJOURNMENT MOTION: Case moved, seconded by Nelson, to adpurn the ldA. Mt O. Chair Tyra-Lukens adpurned the RA meeting at PM. HRA AGENDA DATE: SECTION: RA June 511) DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: RA I Sue Kotchevar, Finance Amendment Nolo First Amended and Restated Project Management Agreement for The Sterling PondsPrairie Nlage Project Rtkh Move to:Adopt Resolution Approving Amendment N o.ao First Amended and Restated Pro.Oct Management Agreement for the Sterling PondsPrairie N1age Proj ect and Authorizing Egcution of Amendment No.3a Subordinatio n Agreement and a Release of Mortgage. Sp The final to increment payment to the devel oper for the Sterling PondsPrairie !silage was made in(Pursuant to the Project Mana gement Agreement elgreement)the IAA has a continued eqity interest in the proj;ct. The RA desires to reli Nish its eqity interest in the pro.Oct in ehhange for developers commitment to continue to be bound, for an additional five years, by some of its obligations set forth in the agreement. This includes eending the affordable housing reqirement for the proj;ct for five more years. An analysis showed the value of the eqity interest is small and that the affordable housing brings a greater value for the RA and the City. As part of the refinancing of the proj;ct by the developer, the RA is reqested to subordinate the Agreement as amende d to the new mortgage and to release the RA mortgage that secured certain repayment obligations under the Agreement. The City is being asked to adopt a similar resolution consenting to the transaction. Ahi • Resolution • Amendment Nolo First Amended and Restated Project Management Agreement • Subordination Agreement • Release of Mortgage CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA HOUSING AND REDEI LOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2012- RESOLUTION RELATING TO PRAIRIE ILLAGE REDEELOPMENT PROJECT AREA NO. 2;ADOPTING AMENDMENT NO. 3 TO FIRST AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT RELATING THERETO AND AUTHORIPNG EKCUTION OF A SUBORDINATION AGREEMENT AND RELEASE OF MORTGAGE BE F REMIND by the busing and Redevelo pment Authority in and for the City of Eden Prairie, Minnesota, as follows: Section 1Recitals. @ The busing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota(he Authority)has previously ente red into the Pro.Oct Management Agreement,by and between the Authority and Prairie N'lage Limited Partnership(he t eveloper)'dated November'the Agreement)' ID The Agreement relates to a redevelo pment prooct under Minnesota Statutes, Sections to tdesignated as Prairi e!Cage Redevelopment Pro.Oct Area No.2 (he Redevelopment Prooct)'The Redevelopm ent Prooct consists of housing intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter &, Title Iof the National busing Act of tthe National busing Act of 9the lilted States busing Act of las amende d, Title`df the busing Act of tas amended, or similar present or future federal, state or municipal legislation and the regulations promulgated thereunder, and that satisfies the income limitations of Minnesota Statutes, Section I ID The Agreement was amended and restat ed by the First Amended and Restated Pro.Oct Management Agreem ent, dated @ober 15) 6 The Agreement was further amended by the Vimendment to First Amended and Restated Prooct Management Agreement, dated May $9 ID The Agreement was further amended by Amendment No.lto First Amended and Restated Procct Management Agreement, dated April 19 9 The Agreement was further amended by Amendment No.2o First Amended and Restated Pro.Ot Management Agreement, approved July $0 (B The Authority proposes to enter into Amendment No.ao First Amendment and Restated Pro.Oct Management Agreement, da ted as of June 59(he Amendment)' ® h the Amendment, the Authority agrees to conditionally release its eility interest in the Redevelopment Pro.Oct and the Developer agrees to maintain the affordability of the housing units in the Redevelopment Pro.Oct for five additional years. W As part of the Developer§ refinancing of the pro.Oct, the RA is retiested to subordinate the Procct Management Agreement as amended to the Developer§new mortgage financing and to eecute a release of the mortgage held by the RA. Section 2Adoption of Amendment. Th e Authority hereby adopts and approves the Amendment in substantially the form presented to and on file with the Authority as of this date. Section 3Transmittal. The Authority does here by transmit the Amendment to the Eden Prairie City Council for approval. Section 4Eecution. The Authority hereby dire cts the Chair and Eecutive Director of the Authority to eacute the Amendment, the Subordi nation Agreement and the release of Mortgage and such other documents as are necessary for consummation of the transaction as are recommended by counsel to the RA and appr oved by the officers eecuting the same,upon approval by the Council. Adopted by the bluing and Redevelopment Au thority in and for the City of Eden Prairie, Minnesota, this th day of June, lb Nancy Tyra-Lukens, Chair ATTEST: SEAL Rick Getschow, Eecutive Director AMENDMENT NCO FRST AMENDED AND RESTATED PREECT MANAGEMENT AGREEMENT BYiND BETWEEN THONG AND REDEkLPMENT ANY N AND FH TH CU 7D EDEN PRARE(AGENCY AND PRARE IZLAGE LMICED PARTNERSPIPE1?LHER) TH AMENDMENT NCBTCFRST AMENDED AND RESTATED PREECT MANAGEMENT AGREEMENT is made on or as of the day of April, !.y and between TH HNG AND REDEFLPMENT AQJH R1('YN AND FH TH C1FW EDEN PRARE (Agency)'a pub lic body corporate and politic under the laws of the State of Minnesota, and PRARE J?L, AGE LIKED PARTNERSPH peveloper)' a limited partnership under the laws of the State of Minnesota. RECICALS: WHREAS, Agency and Developer entered into that certain Pro.Ot Management Agreement by and between Agency and Developer, dated November 9$recorded in the office of the Hinepin County Recorder on November 7 Ms Document No.fl as amended and restated by that certain First Amended and Restated Proct Management Agreement by and between Agency and Developer, dated Oober j$recorded in the office of the Ninepin County Recorder on Q ober 5 s Document No.$as amended by that certain 9 Amendment to First Amended and Restated Pro.Oct Management Agreement by and between Agency and Developer, dated May nand further amended by that certain Amendment No.lto First Amende d and Restated Proct Management Agreement by and between Agency and Developer, dated April l 'recorded in the office of the Hinepin County Recorder on May 3":s Do cument No.$and further amended by that certain Amendment No.2to First Amende d and Restated Proct Management Agreement by and between Agency and Developer, approved July $ c ereinafter collectively the Agreement)ind WBREAS, the Agreement relates to pr operty legally described as follows: Lots land 2Block lPrairie!silage Apartments, Ninepin County, Minnesota;and WBREAS, Agency desires to reli ngish its Egity hterest in the ProOct, as set forth in Paragraph 5of the Agreement, in ethange fo r Developer§ commitment to continue to be bound, for an additional five years, by all of its obligations set forth in the Agreement etlept as amended herein. NW, TBREFLF, in consideration of th e foregoing and of the mutual covenants, conditions, and promises hereinafter set forth, the parties hereto agree that the Agreement shall be amended as follows: 1 Paragraphs 2nd If the Agreem ent are deleted in their entirety. 2 Paragraph 4f the Agreement is amended to read as follows: Termination by Agency for Cause. f during the term of this Agreement, Developer shall fail to comply with the terms of this Agreement, Agency may provide notice of such default or failure and, if Developer fails to cure within thirty .•ays or such greater time as allowed by Agency, then Agency may terminate this Agreement for cause upon written notice to Developer. Agency§ termination of this Agreement for cause shall reinstate, in full force and effect, Paragraph 5of the Agreement as set forth in the PAmendment to First Amended and Restated Proct Manageme nt Agreement by and between Agency and Developer, dated May 3T 3 Paragraphs 44and if the Agreem ent are deleted in their entirety. 4 Paragraph 9f the Agreement is amended to read as follows: Notices.Any notice refired by this Agreement shall be sufficient if in writing and delivered as follows: To Agency: bhsing and Redevelopment Authority in and for the City of Eden Prairie co City Clerk City of Eden Prairie Mitchell Road Eden Prairie, MN g To Developer: Prairie IV llage Limited Partnership co Kenneth R.Talle Thies &'alle Enterprises, hc. %Vest th Street, Suite 0 Chanhassen, MN 3 - 2 5 The Agreement shall terminate five years from the date the last party eecuted this Amendment No.3is evidenced by the date nekto each party§ signature. N WICNESS WHRED, the parties hereto have eecuted this Amendment as of the day and year first above written. THONG AND REDEFLE1MENT AM IN AND Fib TH CICD EDEN PRARE Dated:_ By: is: and Dated:_ By: is: STATE DMNNES(DA ) )s CNTD_) This instrument was acknowledged before me on _ 0 by _ the _ and by _ the _ of The bhsing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic of the State of Minnesota, on behalf of the public body corporate and politic. Notary Public My commission epires: FGNATPIE PAGE Fib PRARE ALA GE LMICED PARTNERSPIFDLWS] - 3 PRARE b1LAGE LMIFED PARTNERSPI By: Thies &alle Enterprises, he, a Minnesota corporation, its general partner Dated:_ By: Kenneth R.Talle, President STATE DMNNES(DA ) )ss CTD) This instrument was acknowledged before me on J by Kenneth R.Talle, the President of Thies Sa'alle Enterprises, Tic, a Minnesota corporation, the General Partner of Prairie Silage Limited Pa rtnership, a Minnesota limited partnership, on behalf of the corporation on behalf of the limited partnership. Notary Public My commission epires: DRAFTED BIND WBN RECEDED RETBIN TO Gregerson, Rosow, Johnson&flan Ltd.RFR) &Third Avenue South, Suite & Minneapolis, MN& Signature page to Amendment Nolo First Amended and Restated Proct Management Agreement] -4 +PO TiI,A') RiPii- SUBORDINATION AGREEMENT AN This SHODNATN AGREEMENT (his " AM )' dated as of Z 0 is muted by and among 0 @K GRW CMIMERCP L MEITGAGE, LLC, a Delaware limited liability company (` SuLd )' (i) TH ENG AND REDEk'PMENT AGENC F1 TH CF EDEN PRARE, a public body corporate and politic under the laws of the State of Minnesota i(` An )' and (ii) PRARE IILAGE LLLP, a Minnesota lim ited liability limited partnership (` BO, formerly known as Prairie Iflage Limited Partnership. RECITALS: A. Pursuant to that certain Multifamily Loan and Security Agreement dated as of the date hereof, eticuted by and between Borrowe r and Lender (s amended, restated, replaced, supplemented or otherwise modified from time to time, the "SR,afti )'Senior Lender has agreed to make a loan to Borrower in the original principal amount of _and ;Dollars She " Shia )'as evidenced by that certain Multifamily Note dated as of the date hereof, eticuted by Borrower and made payable to the order of Senior Lender in the amount of the Senior Loan (is amended, restated, replaced, supplemented or otherwise modified from time to time, the SiNb )' B. h addition to the Senior Loan Agreement, the Senior Loan and the Senior Note are also secured by a certain Multifamily Mortgage, Deed of Trust or Deed to Secure Debt dated as of the date hereof 4s amended, restated, re placed, supplemented or otherwise modified from time to time, the "SaSitn )'encumbering the property described in the Senior Security iistrument as the " MdPjiand legally described on attached Ehibit A" C. The Mortgaged Property is currently subct to a certain First Amended and Restated Pro ct Management Agreement date d @ober l ;.y and between Borrower and the Agency, which was recorded in the office of the County Recorder, bhnepin County, SU4 f1p Fdil6 P# Fo Ia 0141 ®011 FIIVta Minnesota on Qober 5 S as Document No. $ and amended pursuant to Amendment No.Ito First Amended and Restat ed Propct Management Agreement dated April l Swhich was recorded in the office of th e County Recorder, Ninepin County, Minnesota on May 3 9as Document No. 0 and as further amended by unrecorded 9 Amendment and Amendment Nos.2and 3to Firs t Amended and Restated Propct Management Agreement dated May $ P August Z 0 and April Z 0 respectively collectively, and as further amended, restate d, replaced, supplemented or otherwise modified from time to time, the PlV1*t Qi )' D. As a condition of making the Senior Loan, Senior Lender has reqired that certain rights of the Agency under the Propct Management Agreement be subordinated to the Senior Loan and the documents evidencing and securing the same in accordance with the terms of this Agreement. AGREEMENTS: NW, THREF1F, in order to induce Senior Lender to make the Senior Loan to Borrower, and in consideration thereof, Senior Lender, Agency and Borrower agree as follows: 1. Rh The recitals set forth above are incorporated herein by reference. 2. Di h addition to the terms defined in the Recita is to this Agreement, for purposes of this Agreement the following terms have the respective meanings set forth below: "Ai "means, when used with respect to a Person, any corporation, partnership, pint venture, limited liability company, limited liability partnership, trust or individual controlled by, under common control with, or which controls such Person (he term Control"for these purposes shall mean the ability, whether by the ownership of shares or other eqity interests, by contract or otherwise, to elect a maprity of th e directors of a corporation, to make management decisions on behalf of, or independently to select the managing partner of, a partnership, or otherwise to have the power independently to remove and then select a maprity of those individuals exrcising managerial authority over an entity, and control shall be conclusively presumed in the case of the ownership of fifty percent far more of the eqity interests) "AM "means the Person named as such in the first paragraph on page lof this Agreement, any successor or assign of Agency. `Bieans the Person named as such in the first paragraph on page 1 of this Agreement, any successor or assign of Borrower, including without limitation, a receiver, trustee or debtor- in-possession and any other Person ether than Senior Lender)who acqires title to the Mortgaged Property after the date of this Agreement. Sti1tt$y Fa% IV Fo Ia 0141 ®011 FIIV[a `B11:qimeans any day other than Saturday, Sunday or a day on which Senior Lender is not open for business. "DIM "means:()a copy of any written notice from Senior Lender to Borrower and Agency stating that a Senior Loan Default has occurred under the Senior Loan Documents;or 0)a copy of the written notice from Agency to Borrower and Senior Lender stating that a Proj;ct Management Agreement Default ha s occurred under the Proj;ct Management Agreement. Each Default Notice shall specify the default upon which such Default Notice is based. "Pa "means an individual, an estate, a trust, a corporation, a partnership, a limited liability company or any other organization or entity(whether governmental or private) "PliVI 41 'has the meaning ascribed to said term in Recital Paragraph C of this Agreement. "PisMUAODhmeans a default by Borrower in performing or observing any of the terms, covenants or conditions in the Pro.Oct Management Agreement to be performed or observed by it, which continues beyond any applicable period provided in the Proj;ct Management Agreement for curing the default. "SaLd "means the Person named as such in th e first paragraph on Page lof this Agreement, its successors and assigns and any other Person who becomes the legal holder of the Senior Loan after the date of this Agreement. "5i.EDfi 'means the occurrence of an Event of Default"as that term is defined in the Senior Loan Documents. "SBL.eDtn "means the Senior Security hstrument, the Senior Note, the Senior Loan Agreement, and all other 1 oan Documents" as that term is defined in the Senior Loan Agreement. 3. Ali 1 EhnI M# PO P 11 Mki Atli Senior Lender agrees, notwithstanding the prohibition contained in the Senior Loan Documents against certain rights granted to Agency under the Proj;ct Management Agreement with respect to the Mortgaged Property, and subject to the provisions of this Agreement, to permit the continued encumbrance of the Mortgaged Property by the Project Management Agreement. 4 B #Z1vVh Borrower and Agency each makes the following representations and warranties to Senior Lender: Stikttifil Fdh6 PO Fo Ia 0141 ®011 FIIV[a ii P4Muoi The Proct Management Agreement, as desc ribed in Recital Paragraph C above, is in full force and effect and has not been terminated, or further modified or amended in any manner. t Rit1316kgEiLd Agency is not an Affiliate of Borrower and is not in possession of any facts which would lead it to believe that Senior Lender is an Affiliate of Borrower. t SiL nIn . fabn excution and delivery of the Senior Lo an Documents, Borrower shall deliver to Agency an eacuted copy of each of the Senior Lo an Documents, certified to be true, correct and complete. 5. TIEN # A0U Senior Lender and Agency agree that Othe rights granted under the Proct Management Agreement are and shall be subordinated to the dent and in the manner provided in this Agreement, to the prior payment in full of the hdebtedness evidenced by the Senior Loan Documents, and jthe liens, terms, covenant s and conditions of the Proct Management Agreement are and shall be sub.Oct and subordinate in all respects to the liens, terms, covenants and conditions of the Senior Security hstrument and the other Senior Loan Documents and to all advances heretofore made or which may hereafter be made pursuant to the Senior Security hstrument and the other Senior Loan Docu ments Including but not limited to, all sums advanced for the purposes of Nprotecting or further securing the lien of the Senior Security hstrument, curing defaults by Borrower under th e Senior Loan Documents or for any other purpose epressly permitted by the Senior Loan Documents, or (3)constructing, renovating, repairing, furnishing, filuring or Nipping the Mortgaged Property) I) Sift Agency agrees that if, by reason of its payment of real estate tags or other monetary obligations of Borrower, or by reason of its exercise of any other right or remedy under the Pro.Oct Management Agreement, it actlires by ri ght of subrogation or otherwise a lien on the Mortgaged Property which (put for this subsection) would be senior to the lien of the Senior Security hstrument, then, in that event, such lie n shall be sub.Ot and subordinate to the lien of the Senior Security hstrument. () SIIEWPIttillk Agency agrees that all rights of Agency under the Agreement to receive payment of proceeds from the sale of the Mortgaged Property (vhich rights have been conditionally terminated pursuant to Amendment No.3to First Amended and Restated Proct Management SWi f1p Fa% PO Fo Ia 0141 ®011 FIIV[a Agreement, but which are sub.Oct to reinstatement under the conditions set forth in said Amendment) and the right to approve any proposed sale, transfer or assignment of either the Mortgaged Property or the Proct Management Agreement, including, without limitation, any rights under Sections Sand 6of the Proct Management Agreement, are hereby subct and subordinated to the Senior Loan and the terms and conditions of the Senior Loan Documents. Prior to the occurrence of a Senior Loan Default, Agency agrees that it shall not eercise any rights under Section Sor Hof the Pro.Oct Management Agreement without the prior written consent of Senior Lender, which consent may be withheld at Senior Lender§ sole discretion. Agency further agrees that in the event that Senior Lender approves any sale, transfer, or assignment of the Mortgaged Property, the Pro.Oct Management Agreement or Borrower§ interest therein, Agency shall be deemed to have consented to the same under the terms of the Proct Management Agreement. After the occu rrence of a Senior Loan Default, and upon the transfer of title to the Mortgaged Property by foreclosure or deed in lieu thereof, then the rights under Sections Sand Eof the Pro.Oct Manageme nt Agreement shall be deemed etinguished, and the owner of the Mortgaged Property after such foreclosure or deed in lieu thereof and its successors and assigns shall hold the Mortgaged Property free and clear of and not subct to the provisions of Sections Sand 6 of the Proct Management Agreement. Notwithstanding the foregoing provisions to the contrary, in the event that after completion of foreclosure proceedings with respect to the Mortgaged Property, if the Borrower successfully eercises its redemption rights and redeems the Mortgaged Property from the successful bidder at the foreclosure sale, then the provisions of Section _`and Opf the Proct Management Agreement shall remain in full force and effect. $1 LkEW i Borrower agrees that it will not make any payments under or pursuant to Section Sof the Proct Management Agreement without Senior Le nder§ prior written consent. Agency agrees not to accept payments from Borrower on account of Section Sof the Pro.Oct Management Agreement without Senior Lenders without Senior Lender§prior written consent. # R 1U W dI d f, notwithstanding the retlirements of S ection 6) above, Agency receives any payments pursuant to Section SDf the Proct Ma nagement Agreement, Agency agrees that such payment or other distribution will be received and held in trust for Senior Lender and unless Senior Lender otherwise notifies Agency in writing, will be promptly remitted, in kind to Senior Lender, properly endorsed to Senior Lender, to be applied to the principal of, interest on and other amounts due under the Senior Loan Documents in accordance with the provisions of the Senior Loan Documents. By eecuting this Agreement, Borrower specifically authorizes Agency to endorse and remit any such payments to Senior Lender, and specifically waives any and all rights to have such payments returned to Borrower or credited against the Borrowers obligations under the Procct Management Agreement. Borrower and Senior Lender acknowledge and agree that payments received by Agency, and remitted to Senior Lender under this Section 5 shall not be applied or othe rwise credited against the Proct Management Agreement, nor shall the tender of such payment to Senior Lender waive any Pro.Oct SWOP Fa% IV Fo Ia 0141 ®011 FIIV[a Management Agreement Default which may arise from the inability of Agency to retain such payment or apply such payment to the Proct Management Agreement. f NiffitPa Agency agrees to notify (elephonically or via email, followed by written notice)Senior Lender of Agency§ receipt from any Person othe r than Borrower of a payment with respect to Borrowers obligations under the Proct Management Agreement, promptly after Agency obtains knowledge of such payment. t AthIttC din Agency agrees that during the term of this Agreement it will not commence, or pin with any other creditor in commencing any bankruptcy, reorganization, arrangement, insolvency or ligidation proceedings against or with respect to Borrower, without Senior Lenders prior written consent. 6. DIUd31V11410-1 ft Nt6PliVIOttlithCak Agency shall deliver to Senior Lender a Default Notice within five 3 usiness Days in each case where Agency has given a Default Notice to Borrower. Failure of Agency to send a Default Notice to Senior Lender shall not prevent the earcise of Agency§ rights and remedies under the Proct Management Agreement, sub.Oct to the provisions of this Agreement. Senior Lender shall have the right, but not the obligation, to cure any Proct Management Agreement Default within sit i Plays following the date of such notice;provided, however that Agency shall be entitled, during such sib Play period, to continue to pursue its rights and remedies under the Propct Management Agreement. A 11 amounts paid by Senior Lender in accordance with the Senior Loan Documents to cure a Proct Management Agreement Default shall be deemed to have been advanced by Senior Lender pursuant to, and shall be secured by, the Senior Loan Agreement and the lien of, the Senior Security listrument. t Cd k Borrower and Agency agree that a Pro.Oct Management Agreement Default shall constitute a Senior Loan Default under the Senior Loan Documents and Senior Lender shall have the right to egrcise all rights or remedies unde r the Senior Loan Documents in the same manner as in the case of any other Senior Loan Default. f Agency notifies Senior Lender in writing that any Proct Management Agreement Default of which Senior Lender has received a Default Notice has been cured or waived, as determined by Agency in its sole discretion, then provided that Senior Lender has not conducted a sale of the Mortgaged Property pursuant to its rights under the Senior Loan Documents, any Senior Loan Default under the Senior Loan Documents arising solely from such Proct Management Agreement Default shall be deemed cured, and the Senior Loan shall be reinstated, provided, however, that Senior Lender shall not be regired to Sti1tt$y Fa% PW Fo Ia 0141 ®011 FIIV[a return or otherwise credit for the benefit of Borrower any default rate interest or other default related charges or payments received by Senior Lender during such Senior Loan Default. 7. DRAMLd n It NliSi.dAlCd Senior Lender shall deliver to Agency a Default Notice within five 1':usiness Days in each case where Senior Lender has given a Default Notice to Borrower. Failure of Senior Lender to send a Default Notice to Agency shall not prevent the eucise of Senior Lender§ rights and remedies under the Senior Loan Documents, subct to the provisions of this Section q)nor shall such failure constitute a default by Senior Lender under this Agreement. Agency shall have the right, but not the obligation, to cure any such Senior Loan Default within sity days following the date of such Default Notice or the date on which Agency otherwise acqires actual knowledge of Senior Loan Defau lt;provided, however, that Senior Lender shall be entitled during such sity ftlay period to c ontinue to pursue its remedies under the Senior Loan Documents. Agency may have up to ninety days from the date of the Default Notice to cure a non-monetary default if during such ninety play period Agency keeps current all payments reqired by the Senior Loan Documents. Ii the event that such a non-monetary default creates an unacceptable level of risk relative to the Mortgaged Property, or Senior Lender§ secured position relative to the Mortgage d Property, as determined by Senior Lender in its sole discretion, then Senior Lender may ear cise during such ninety @day period all available rights and remedies to protect and preserve the Mortgaged Property and the rents, revenues and other proceeds from the Mortgaged Property. t Cd k Agency agrees that, notwithstanding any contrary provision contained in the Proct Management Agreement, a Senior Loan Default shall not constitute a default under the Proct Management Agreement if no other default occurred under the Proct Management Agreement until either gSenior Lender has accelerated the maturity of the Senior Loan, or §Senior Lender has taken affirmative action to errcise its rights under the Senior Loan Documents to collect rent, to appoint Or seek the appointment of)a receiver or to foreclose on Or to earcise a power of sale contained in)the Senior Loan Documents. At any time after a Senior Loan Default is determined to constitute a default under the Propct Management Agreement, Agency shall be permitted to pursue its remedies for default under the Proct Management Agreement, subct to the restrictions and limitations of this Agreement. f at any time Borrower cures any Senior Loan Default to the satisfaction of Senior Lender, as evidenced by written notice from Senior Lender to Agency, any default under the Propct Management Agreement arising from such Senior Loan Default shall be deemed cured and the Proct Management Agreement shall be retroactively reinstated as if such Senior Loan Default had never occurred. 8 Cli Borrower, Senior Lender and Agency each agrees that, in the event of any conflict or inconsistency between the terms of the Senior Loan Documents, the Procct Management swots Fd46 PW Fo Ia 0141 ®011 FIIV[a Agreement and the terms of this Agreement, the terms of this Agreement shall govern and control solely as to the following: )the relativ e priority of the security interests of Senior Lender and Agency in the Mortgaged Property;h )the timing of the exrcise of remedies by Senior Lender and Agency under the Senior Loan Documents and the Propct Management Agreement, respectively; and ()solely as between Senior Lender and Agency, the notice regirements, cure rights, and the other rights and obligations which Senior Lender and Agency have agreed to as epressly provided in this Agreement. Borrower acknowledges that the terms and provisions of this Agreement shall not, and shall not be deemed to:e>end Borrower§ time to cure any Senior Loan Default or Propct Management Agreement Default, as the case may be; give Borrower the right to notice of any Senior Loan Default or Project Management Agreement Default, as the case may be other than that, if any, provided, respectively under the Senior Loan Documents or the Project Management Agreemen t;or create any other right or benefit for Borrower as against Senior Lender or Agency. 9 R$U$6ANJ driMktill d ISiLdISILdNal Subject to each of the other terms of this Ag reement, all of the following provisions shall supersede any provisions of the Project Mana gement Agreement covering the same subpct matter: it PitS Id Agency shall not, without the prior written consent of Senior Lender in each instance, take any action which has the effect of increasing the indebtedness outstanding under, or secured by, the Pro.Oct Management Agreement, eliept th at Agency shall have the right to advance funds to cure Senior Loan Defaults pursuant to Section(i)and advance funds pursuant to the Project Management Agreement(f so permitted th ereunder)for the purpose of paying real estate tags and insurance premiums, making necessary repairs to the Mortgaged Property and curing other defaults by Borrower under the Project Management Agreement. 1) CVO. Ii the event of: a taking or threatened to king by condemnation or other exrcise of eminent domain of all or a portion of the Mortgaged Property Collectively, a " Tk )'or the occurrence of a fire or other casualty resulting in damage to all or a portion of the Mortgaged Property collectively, a co )'at any time or times when the Senior Security hstrument remains a lien on the Mortgaged Property the following provisions shall apply: i Agency hereby agrees that its rights, if any (nder the Propct Management Agreement or otherwise)to pa rticipate in any proceeding or action relating to a Taking andbr a Casualty, or to participat e or pin in any settlement of, or to adjist, any claims resulting from a Taking or a Casualty shall be and remain subbct and subordinate in all respects to Senior Lender§ rights under the Senior Loan Documents with respect thereto, and Agency shall be bound by any settlement or adjzstment of a claim resulting from a Taking or a Casualty made by Senior Lender;provided, however, Sth tp Fa% Pg3 Fo Ia 0141 ®011 FIIV[a this subsection andbr anything contained in this Agreement shall not limit the rights of Agency to file any pleadings, documents, claims or notices with the appropriate court with jxrisdiction over the proposed Taking andbr Casualty;and (I all proceeds received or to be received on account of a Taking or a Casualty, or both, shall be applied either to payment of the costs and epenses of repair and restoration or to payment of the Senior Loan)in the manner determined by Senior Lender in its sole discretion;provided, howev er, that if Senior Lender elects to apply such proceeds to payment of the principal of, interest on and other amounts payable under the Senior Loan, any proceeds remaining after the satisfaction in full of the principal of, interest on and other amounts payable under the Senior Loan shall be paid to, and may be applied by, Agency in accordance with the applicable provisions, if any, of the Pro.ect Management Agreement, provided however, Senior Lender agrees to consult with Agency in determining the application of Casualty proceeds, provided further however that in the event of any disagreement between Senior Lender and Agency over the application of Casualty proceeds, the decision of Senior Lender, in its sole discretion, shall prevail. t Ia Agency agrees that all original policies of insurance regired pursuant to the Senior Security hstrument shall be held by Senior Lender. The preceding sentence shall not preclude Agency from regiring, to the etent provided for in the Propct Management Agreement, that it be named as a loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Mortgaged Property, provided such action does not affect the priority of payment of the proceeds of property damage insurance under the Senior Security hstrument, or that it be name d as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Mortgaged Property. $1 NdVIIIIIIV14141 Borrower and Agency each agree that, until the principal of, interest on and all other amounts payable under the Senior Loan Documents have been paid in full, it will not, without the prior written consent of Senior Lender in each instance, increase the regired payments due under the Pro.ct Management Agreement or otherwise amend the Pro.ect Management Agreement terms in a manner that creates an adverse effect upon Senior Lender under the Senior Loan Documents. Any unauthorized amendmen t of the Pro.ect Management Agreement or assignment of Agency§ interest in the Project Management Agreement without Senior Lender§ consent shall be void ab initio and of no effect whatsoever. 10. Md,a Agency consents to any agreement or arrangement in which Senior Lender waives, postpones, etends, reduces or modifies any provi sions of the Senior Loan Documents, including any provision milking the payment of money. Agency further agrees that its agreement to subordinate hereunder shall etend to any new mortgage debt which is for the purpose of SiPittifil Fa% PW Fo Ia 0141 ®011 FIIV[a refinancing all or any part of the Senior Loan Including reasonable and necessary costs associated with the closing andbr the refinanci ng)and that all the terms and covenants of this Agreement shall inure to the benefit of any holder of any such refinanced debt;and that all references to the Senior Loan, the Senior Note, the Senior Loan Agreement, the Senior Security iistrument, the Senior Loan Documents and Senior Lender shall mean, respectively, the refinance loan, the refinance note loan agreement, the mortgage securing the refinance note, all documents evidencing securing or otherwise pertaining to the refinance note and the holder of the refinance note. 11. D1 A $Ld I Agency or Senior Lender defaults in performing or observing any of the terms, covenants or conditions to be performed or observed by it under this Agreement, the other, non- defaulting lender shall have the right to all available legal and eqitable relief. 12. Rhi To the Bent that Borrower makes a payment to Senior Lender or Senior Lender receives any payment or proceeds of the collateral securing the Senior Loan for Borrowers benefit, which payment or proceeds or any part thereof are subseqently invalidated, declared to be fraudulent or preferential, set aside andbr reqired to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or eqitable doctrine, then, to the Bent of such payment or proceeds receive d and not retained by Senior Lender, Agency§ obligations intended to be satisfied thereby and this Agreement shall be reinstated and continue in full force and effect until full and final payment shall have been made to Senior Lender. Agency agrees to hold in trust for Senior Lender and promptly remit to Senior Lender any payments received by Junior Lender after such invalidated, rescinded or returned payment was originally made. 13. Nb it Pb48T All notices under this Agreement shall be: 4- in writing and shall be: ei) delivered, in person; 0) mailed, postage prepaid, either by registered or certified delivery, return receipt reqested; c) sent by overnight courier;or p) sent by electronic mail with originals to follow by overnight courier; Stikttifil Fifil6 PO 0 Fo Ia 0141 ®011 FIIV[a addressed to the intended recipient at the address(s)below the signature block, as applicable;and deemed given on the earlier to occur of: (A) the date when the notice is received by the addressee;or $) if the recipient refuses or rejects delivery, the date on which the notice is so refused or rejected, as conc lusively established by the records of the kited States Postal Service or any egress courier service. t CNAd Any party to Agreement may change the address to which notices intended for it are to be directed by means of notice given to the other parties identified in this Agreement. it ROM Senior Lender, Agency or Borrower shall not refuse or rej;ct delivery of any notice given in accordance with this Agreement. Each pa rty is reqired to acknowledge, in writing, the receipt of any notice upon reqest by the other party. 14 Gb # AO This Agreement shall be binding upon Borrower, Senior Lender and Agency and shall inure to the benefit of the respective legal successors, transferees and assigns of Borrower, Senior Lender and Agency. Borrower shall not a ssign any of its rights and obligations under this Agreement without the prior written consent of Senior Lender. 1) NaPl1th Senior Lender§ consent to the eistence of the Proj;ct Management Agreement does not constitute Senior Lender as a pint venturer or partner of Agency. Neither party hereto shall hold itself out as a partner, agent or Affiliate of the other party hereto. t SiLitt4 4h Wherever Senior Lender§ consent or appr oval is reqired by any provision of this Agreement, such consent or approval may be granted or denied by Senior Lender in its sole and absolute discretion, unless otherwise epressly provi ded in this Agreement. Wherever Agency§ consent or approval is reqired by any provision of this Agreement, such consent or approval may be granted or denied by Agency in its sole and absolute discretion, unless otherwise epressly provided in this Agreement. Sti1tt$y Fdil6 Pull Fo Ia 0111 ®011 FIIV[a 0 Fh a Agency, Senior Lender and Borrower each agrees, at Borrower§ epense, to eacute and deliver all additional instruments andbr docum ents reasonably regired by any other party to this Agreement in order to evidence that the Pro.Ot Management Agreement is subordinate to the lien, covenants and conditions of the Senior Loan Documents, or to further evidence the intent of this Agreement. Ath This Agreement shall not be amended exept by written instrument signed by all parties hereto. GW,w This Agreement shall be governed by the laws of the jirisdiction in which the Mortgaged Property is located without giving effect to any choice of law provisions thereof that would result in the application of the laws of another jirisdiction. Senior Lender, Agency and Borrower agree that any controversy arising under or in relation to this Security iistrument shall be litigated er;lusively in the jirisdiction in wh ich the Mortgaged Property is located. The state and federal courts and authorities with jirisd iction in such locale shall have elusive jirisdiction over all controversies that arise under or in relation to this Agreement. The parties hereto irrevocably consent to service, jirisd iction, and venue of such courts for any such litigation and waive any other venue to which any might be entitled by virtue of domicile, habitual residence or otherwise. ShP1 f any provision of this Agreement shall be invalid or unenforceable to any Bent, then the other provisions of this Agreement, shall not be affected thereby and shall be enforced to the greatest etent permitted by law. Tin The term of this Agreement shall commence on the date hereof and shall continue until the payment in full of the principal of, interest on and other amounts payable under the Senior Loan Documents, provided that for the purposes of this subsection, receipt of title by foreclosure or deed in lieu thereof shall not be deemed to constitute payment in full of the amounts payable under the Senior Loan Documents. cp This Agreement may be eRcuted in any numbe r of counterparts, each of which shall be considered an original for all purposes;provided, however, that all such counterparts shall together constitute one hand the same instrument. S1i1tt$y Fa% PO2 F�V[a 0141 ®011 FIIV[a f SId,a Nothing in this Agreement shall limit Senior Lender§ Including any assignee or transferee of Senior Lender)right to sell or transfer the Senior Loan, or any interest in the Senior Loan. The Senior Loan or a partial interest in the Senior Loan(ogether with this Agreement and the other Loan Documents)may be sold one or more times without prior notice to Borrower. RiffJiBil Stikttifil Ftui56 Pg1 3 Fo Ia 0141 ®011 FIIV[a IN WITNESS WHEREOF, Borrower, Senior Lender and Agency have signed and delivered this Agreement under seal (vhere app licable)or have caused this Agreement to be signed and delivered under seal (vhere applicable )by a duly authorized representative. Where applicable law so provides, Borrower, Senior Lender and Agency intend that this Agreement shall be deemed to be signed and delivered as a sealed instrument. SEND LENDER: OK GRD CMMEREAL MDTGAGE, LLC, a Delaware limited liability company By: Name: Title: Address: 3Yungman Avenue St.Paul, Minnesota 6 With a copy to: Fannie Mae Attention: Multifamily (rations - Asset Management Drawer AM 9Wisconsin Avenue,NW. Washington, DC ID STATE DMNNESTA ) $s. CNT"Dj The foregoing instrument was acknowledged before me this day off by,as of AK GRID CMMERCAL MI1TGAGE,LLC, a Delaware limited liability company, on behalf of the company. Notary Public Stikttifil Ftui46 Pg1 4 Fo Ia 0141 ®011 FilV[a gv2 AGENCY TH I NG AND REDEIZPMENT ATRITIV AND FD TH OM EDEN PRARE By: Name: Title: By: Name: Title: Address: STATE DMNNESKIA ) $s. CNT'EL) The foregoing instrument was acknowledged before me this day off by ands and respectively, of THENG AND REDEWLPMENT AU'N AND Fib TH CFO EDEN PRARE, a public body corporate and politic of the State of Minnesota, on behalf of that public body corporate and politic. Notary Public Stikttifil Ftui56 PI5 Fo Ia 0141 ®011 FIIV[a BDRWER: PRARE 11LAGE LLLP, a Minnesota limited liability limited partnership By: Thies &alle Enterprises, hc, a Minnesota corporation Is: General Partner By: Name: Title: Address: cb Thies Valle Enterprises, he. West S th Street, Suite El Chanhassen, Minnesota 1 STATE DMNNESKIA ) )ss. CNT1) The foregoing instrument was acknowledged before me this day off byLhe of Thies Salle Enterprises,iic, a Minnesota corporation, the General Partner of PRARE I1LAGE LLLP, a Minnesota limited liability limited partnership, on behalf of the partnership. Notary Public Stikttifil FEW PI6 F�V[a 0141 ®011 FIIV[a gv3 (Top 3 inches reserved for recording data) MORTGAGE RELEASE by Business Entity DATE: ,2012 THAT CERTAIN MORTGAGE owned by the undersigned,a public body corporate and politic under the laws of Mnnesota,dated November 19, 1985,executed by Prairie Village Limited Partnership,a Minnesota lirrited partnership,as mortgagor,to The Housing and Redevelopment Authority in and for the Oty of Eden Prairie,a public body corporate and politic of the State of Mnnesota,as mortgagee,and recorded on September 19, 1986,as Document Number 5159734,in the Office of the ❑ County Recorder ❑ Registrar of Titles of Hennepin County, Mnnesota,is with the indebtedness thereby secured,fully discharged and the lien of the Mortgage on the land therein described is hereby released. The Housing and Redevelopment Authority in and for the Oty of Eden Prairie By Its: By Its: EC&2052 Page 1 of 2 Page 2 of 2 MORTGAGE RELEASE State of Minnesota,County of This instrument was acknowledged before me on ,2012, by as and by as of The I-busing and Redevelopment Authority in and for the City of Eden Prairie,a public body corporate and politic of the State of Minnesota,on behalf of the public body corporate and politic. (Stamp) (signature of notarial officer) Title(and Rank): My comrission expires: (=ntY✓day/year) THIS INSTRUMENT WAS DRAFTED BY: Dorsey&Whitney LLP(mjt/pmj) 50 South Sixth Street Suite 1500 Minneapolis, I N 55402 CITY COUNCIL AGENDA DATE: SECTION: Presentations &roclamations June 50f DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: IOC. Community Development Lihian Rights Awards Molly Koivumaki, Manager, busing and Community Services Sp Recipients of the Itinan Rights Award will be recognized. Wan Rights Award Iidividua 1 Recipient- Darryl Stanton Daryl Stanton has volunteered at Eden Lake School on a regular basis for the past 3years. Besides reading and assisting the classroom teacher with the students, Darryl created and presented a Black Htory Month program. Hr ecited Martin Luther Kings Dire a Dream" speech and taught the children to sing the Civil Rights anthem We Shall€krcome'.'Darryl also provided materials for a Black Htory disp lay at the school. Darryl§ civic involvement eends beyond the classroom;he hosts a cable T\3rogram with th e ongoing theme of We have more that unites us than divides us and we are stronger together'.' Darryl and his wife and son have lived in Eden Prairie for 1jears. hhian Rights Award Business Recipien t- CAI.obinson Worldwide, he CWobinson employees came up with the idea for a community gard en with the goal of sharing the produce with a local food shelf, PRO This pro.Ot has a direct historical tie-in with the company§ origin in Pas a produce compa ny. The program is in its second year of operation.Approimately Obmployees tend the ga rdens, before and after work, over lunch break and even on weekends.The employees comprise 'teams who co mpete to see who can harvest the most produce. Nearly a dozen types of vegetables are grown in the garden. The company provides the garden space and the supplies with a mission of promoting acceptance and respect for individuals in an atmosphere of caring for others'.' Bd binan Rights and Diversity Commission members are Pamela Spera, Chair;Robert Rozanski, fee Chair;Gayle Sanders;PG Narayan;ffia Nourkadi;l is Gustafson;Laura Kaczmarek; Staff Liaison: Molly Koivumaki UNAPPROYD MINUTES ITEM NO.: IOi. CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 15, 2012 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30 —7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters FLYING CLOUD AIRPORT AMORY COMMISSION: Caryl lihsen, Jeffrey Larsen— Chair, Benjimin McMillan, John Pratten, Jose ph Sutila, Keith Tschohl fee Chair, Jeff Nawrocki, John Bowman, Kevin Gadel Workshop-Heritage Room II Council Member Butcher Wickstrom and Commissioner John Pratten were absent. I. FLYING CLOUD AIRPORT AMORY COMMISSION UPDATE Flying Cloud Airport Advisory Commission Chair Jeff Larsen presented a report of the commission§ lkctivities and its lftvo rk plan. During lithe commission continued to focus on providing education and information about the airport, monitoring the Final Agreement, working with MAC to reduce nighttime noise and improve the appearance of the airport. Ili July, the commission toured the airport. They visited se veral operators and viewed new landscaping. Residents who had lodged noise complaints were invited to the commission§ September meeting to share their perspectives with the City and representatives of MAC. A number of concerns were voiced about freflency and loca tion of helicopter flights. Those concerns were passed along to the operator, which in turn made efforts to alleviate the issues. Ili June, several commissioners also attended an informational meeting presented by MSP Police Department and Eden Prairie Police Department regarding airport security. As a result, a program similar to MSP§Airport Watch program is now being implemented at Flying Cloud Airport. Commissioner Keith Tschohl is coordinating the program, which enlists individuals who already spend time at the airport-enthusiasts, photographers, etc.— as tea sets of eyes'.'So far, Indivi duals have been trained and completed background checks at to galify for the Airport Watch program Flying Cloud Airport. WWIWas 410 Pag 2 The commission§proposed goals for a.re similar to those of Oincluding focusing on education and communication, monitoring the Final Agreement, and reduction of nighttime noise. The commission will also monitor proposed non-aeronautical development at the airport, and continue to epand the new Airport Watch program. II. FLYING CLOUD AIRPORT DE1LOPMENT SITES City Attorney Ric Rosow and City Planner Michael Franzen presented a PowerPoint outlining a proposed guide plan and zoning amendment process for non-aeronautical development at Flying Cloud Airport. Ii OMetropolitan Airports Commission inform ed the City of Eden Prairie of their intent to develop eight Flying Cloud Airport with non-aeronautical, commercial uses. MAC has since reduced the number of parcels they plan to develop to sixCity Attorney Ric Rosow outlined the Memorandum of hilerstanding entered into by the City and MAC as of December(DSestablishing a site development process that creates two new zoning districts tirport office and airport commercial)provides for public hearings, and outlines a process for MAC to follow seeking approval for each site. htler the Mfrhapter lsite plan and architectural review processes would be followed for development of each parcel. The City and MAC would also cooperate on infrastructure improvements with MAC paying a fair share. The M4irovides for a dispute resolution process similar to the flvlIATith MAC. The proposed process involves three steps, and would take approimately a year to complete. The first step would be a guide plan change tekamendment and Chapter 1 tekamendments to create the Airport 0 ffice and Airport Commercial zoning districts and standards. This process includes pub lic hearings at both Planning Commission and City Council meetings as well as notification of property owners within geet of each development parcel. Step 2rez oning-also involves Planning Commission and City Council public hearings, mailing of notices, and submittal of concept plans for each parcel. Step 3-site plan approval-again involves public hearings at Planning and City Council meetings, mailing of notices, and submittal of specific site plans.City Planner Mike Franzen showed eamples of gastetail and office sites that have been approved as acceptable at other locations. Council Member Case said it is possible that MAC may go ahead with or without the City§ approval.Rosow said the proposed MfOrovides a public hearing process similar to the regular development process. f the City does not approve the tekamendments, the rezoning andbr the site plans, it can choose to jxst let development happen without City approval or engage in a dispute about the legality of developing non-aeronautical uses on airport property. Case said he is concerned about being brought into an approval process that Will involve sharing the pain but not the gain'.'Aho said he thinks the City 410 Pag 3 ultimately Wants a seat at the table,'hnd the process outlined in the MIA a way of achieving that. Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: XI. UNAPPROED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 15, 2012 7:00 PM, CITY CENTER CIChi $$ MIRd CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at GPM.Council Member Butcher Wickstrom was absent. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM IN1TATION IV PROCLAMATIONS/PRESENTATIONS A. 2011 COMPREHENSIE ANNUAL FINANCIAL REPORT CAFR) Steve Wischmann, Partner in Kern, Dewenter, sere, Ltd, gave a review of the CAFR.Hsaid his firm gave a clean opinion on the financial statements, which is the highest level of assurance that can be given.Hreviewed the City§ revenues and ependitures for fInoted the City§ debt burden is much lower than cities of comparable size. Tyra-Lukens said she was really happy to hear some of the comments about the City§ financial condition.She noted his fi rm does a really good pb.Case said City staff has done an amazing pb as well. MOTION: Aho moved, seconded by Nelson, to accept the Comprehensive Annual Financial Report CAFR) MUD. V APPROXL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added IttiY1.2.Case added I&.3 MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Mh W. CITY COUNCIL MINUTES May R) Page 2 u MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 1, 2012 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, May jilts published. MI . B. CITY COUNCIL MEETING HELD TUESDAY, MAY 1, 2012 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, May J I s published. M1 . II. REPORTS OF ADISORY BOARDS & COMMISSIONS A. FLYING CLOUD AIRPORT ADISORY COMMISSION UPDATE Jeff Larsen, Chair of the Flying Cloud Airport Advisory Commission, said the Commission submitted their annual report at the Council workshop earlier this evening.MIreviewed the highlights of the Commission§ work in°vhich focused on providing education and information about Flying Cloud Airport to various constituent groups.Their goal was to increase visibility of and communications from the Commission and to continue to monitor the Final Agreement with Metropolitan Airports Commission(VIAC)For the Commission plans similar goals to the figoals.They will work to reduce nighttime noise and will work with City staff and MAC to improve the appearance of the airport.Hnoted the Airport Watch program has begun at Flying Cloud Airport. That program allows members of the public to participate in a watch program to help provide additional eyes for airport security and safety. Tyra-Lukens thanked Mr.Larsen for hi s presentation and noted the Council appreciates the hard work of the Commission and the direction they are going. MOTION: Aho moved, seconded by Case, to receive the Flying Cloud Airport Advisory Commission oteport and to approve its Coals and work plan. MM. MI. CONSENT CALENDAR A. CLERKS LICENSE LIST B. FLYING CLOUD LANDFILLPARCEL SUBDIISION by Allied Waste Second Reading of ilinance for fining Di strict Change from Rural to Iln 4 acres.Location:Flying Cloud Drive. (Jdvo102012 I Dick C. HENNEPIN ILLAGE—SITE B by Toll Brothers;Second Reading of flinance III- i1or Planned hit Developmen t District Review with waivers on CITY COUNCIL MINUTES May R) Page 3 Ji.cres and?icing Distri ct Change from Rural to Mon nacres. Location:Icres east of Eden Prairie Road&outh and west of Riley Creek. 17iNo112012PUD62012 IPUD DiRIM PiCk D. ADOPT RESOLUTION NO. 201278 APPROING THE FINAL PLAT OF EDEN PRAIRIE WOODS E. ADOPT RESOLUTION NO. 201279kUTHORIVNG RENEWAL OF THE HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT APPLICATION FOR 2012 THROUGH 2015 F. APPROF JOINT POWERS AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR AOATIC INXSIW SPECIES PREE'NTION AND MANAGEMENT G. APPROE'PROFESSIONAL SERV ICES AGREEMENT WITH WENCK ASSOCIATES FOR THE PHASE III POND INENTORY PROGRAM H. AWARD 2012 SEALCOAT PROJECT TO PEARSON BROTHERS, INC. I. AWARD 2012 BITUMINOUS OE'R LAY PROJECT TO GMH ASPHALT CORPORATION J. APPRO1 SEH PROPOSAL FOR DESIGN ANALYSIS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STABILIMTION AND RESTORATIO N OF EROSION WITHIN LOWER RILEY CREEK K. AWARD THE CONTRACT TO REPLACE RINK 2 ROOF AT COMMUNITY CENTER TO PETERSON BROTHERS ROOFING& CONSTRUCTION L. APPROE'DISPOSAL OF SURPLUS I HICLES AND EQIPMENT M. ADOPT RESOLUTIONS NO. 20128,20128, AND 20128 RESCINDING RESOLUTIONS NO. 2007820079 AND 20078 FOR OAK CREEK AT HENNEPIN ILLAGE 6 TH ADDITION N. ADOPT RESOLUTION NO. 20128 RESCINDING APPROXLS FOR THE MEADOWS 2012 Nelson asked about the changes to the development agreement for IiiiI.C. on the goldenrod paper.Rosow replied there are a couple of changes in the document. The special assessment agreement against the property is about$We make the special assessment agreement a lien on the property until the assessments are levied.The developer asked that a para graph be modified so the lien could be broken up as a lien on each lot.The title company could then escrow money for a particular lot once it was sold and could be released from the lien agreement. CITY COUNCIL MINUTES May i) Page 4 Case asked if this would accrue interest that would then be divided among the properties.Rosow said it does not accrue interest.The statute reqires you specify the Bent of the waiver in dollars, bu t there is no interest accrual because the assessment has not yet been levied. MOTION: Case moved, seconded by Nelson, to approve'ems A-N on the Consent Calendar. MHO. IX PUBLIC HEARINGS/MEETINGS A. PRAIRIE OAKS CORPORATE CENTER by CSM Corp. Reqest for:Planned hit Development Concept Amendment on g acres, Planned hit District Review with waivers on :;cres, lining District Amendment in the Wining District on cres and Site Plan Review on cr es.Location:4 lying Cloud Drive. fusTo2012 PUD C1R .v Getschow said the plan is to change the interior of the building from% Wo office and to construct grew parking spaces . The Ioning district allows up to etbffice. 'i the property was gran ted a waiver for%ffice use. The proposed waiver tonight is from To :r,ffice use.The Planning Commission voted 7fto recommend approval of th e procct at the April 32neeting. fficial notice of this public he aring was published in the May 30 Eden Prairie News and sent to dproperty owners. Getschow asked the proponent to talk about the proposed tenant for the property. John Ferrier, CSM Corporation, said the tenant is Starkey Laboratories.Starkey is a great tenant in Eden Prairie, and this property is addcent to their other five properties. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing;to adopt Resolution No.ior Planned lilt Development Concept Review on g acres;to approve At Reading of the finance for Planned hit Development District Review with waivers, and Zoning District Amendment within the 15 fining District on ;cres;a nd to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. MM. X PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted.Mh#BOAhCpNiapt Lift' K ORDINANCES AND RESOLUTIONS CITY COUNCIL MINUTES May R) Page 5 A. FIRST READING OF AN ORDINANCE ADDING CITY CODE SECTION 5.75 RELATING TO ILLICIT DISCHARGE DETECTION AND ENFORCEMENT Getschow said there are several areas in City code dealing with illicit discharge and detection of stormwater.The MPCA reqested we have a specific chapter related to that in its entirety and they provided a model ordinance to use. MOTION: Nelson moved, seconded by Aho, to approve first reading of an ordinance adding City Code Section 5-elating to illic it discharge detection and enforcement. Mfi . N. PETITIONS, REQES TS AND COMMUNICATIONS NI. APPOINTMENTS W REPORTS A. REPORTS OF COUNCIL MEMBERS 1. B ICIBAC)RhC1Ch Cli Tyra-Lukens said the Council reqested th at the BAC conduct a review of the Mayor and Council Members salaries.She said State law doesnt dictate how and for which services councils are paid.The Council received a pay increase in nd again in The pay was in creased in Oo the median level of twelve comparable suburban cities.She noted there have been many discussions about this over the years,but there is never a good time to have a salary increase.h the Council dropped the special meeting pay.The Council is responsible to make any adjistments, but any change would not take effect until after the nekCouncil election. Tyra-Lukens said the BAC recently completed their study.She did not realize that Council Member Butcher Wickstrom would not be at tonight§ meeting. She suggested the Council postpone the discussion until the nekmeeting because she strongly believes that all Council Members should be here to discuss this matter.There was a lot of data collected for comparable size cities and again we are on the low end in comparison to those cities.She asked Council Members make suggestions for additional information needed prior to making a decision on this. Nelson said she would like a little wider array of comparable cities in the western and southern suburbs,possibly seven or eight different cities.Tyra- Lukens noted the cities cited in the report are in the same population size range.Getschow said staff provided a wider array of cities to the BAC, so that information is available and will be provided for the netmeeting.Nelson noted Plymouth was not included.She w ould like to see a few more cities CITY COUNCIL MINUTES May R) Page 6 from Hinepin County and possibly some that are larger than the QA range. 2. EliNIMCWINifiLk Town Il Meeting--Tyra-Lukens said we will hold a town hall meeting on May It 1ifkM at the Star Bank bu ilding.Everyone is invited to attend the meeting which will focus on business related issues. Arts in the Parks--Tyra-Lukens said there will be an Arts in the Parks event this Saturday.Lotthammer said the event will be from OW to ff M at Purgatory Creek Park and will include some vendors and many artists. Mayor§Water Challenge--Tyra-Lukens said Eden Prairie won the Mayors' Water Challenge for mid-size cities in the Midwest area.She hoped the event increased people§ awareness of saving water and energy. Beyond the allow Ribbon Event--Tyra-Lukens said this event will be held at fIKM on June 2it Round Lake Park as part of the Schooner Day celebration.I is designed to help the city become a more welcoming community for veterans coming home. 2. RVIPEIMIGa Case said he talked to two Conservation Commission members who have been trying to work on getting recycling containers in our parks.H understood it is a complicated matter, and it is easy to get non-recyclable material in the recycling containers.FIwanted to know if this is something we are pursuing because he believes we need to make the effort to do this. Getschow said Parks and Recreation have had conversations with the Conservation Commission.Lotthammer sa id we started talking about this three years ago and have had a couple of presentations to the Conservation Commission.We do recycle at the mapr park areas.A couple of years ago a Commission member visited other cities to research how they handled recycling in their parks.Staff met to talk about the best method to put out containers and to collect the recycling.Many of the smaller parks dont have enough activities that generate recycling. Ii addition there ar e a lot of people who go out to do recycling on their own in the parks.The procedure is for our parks maintenance staff to make a couple of trips each week to pick up the garbage.They then send another vehicl e out to get the recycling containers. Staff decided to add recycling at mayr areas, but there are a lot of issues regarding contamination. Lotthammer said we have a different color for the recycling bins and they have small openings in the top.We also have signs on the top and sides of the containers.The recycling cans will be se t nekto the trash cans.k addition, we are improving the look at Round Lake with different types of containers CITY COUNCIL MINUTES May R) Page 7 for garbage and recycling.We have had fair success with recycling at the Community Center but are struggling with recycling in the parks.Mthought there is an educational component to this issue that the Conservation Commission could help with. Isaid staff is open to epanding to other parks.We would look at the benefit of epanding but also know that people pick up cans on their own recycling efforts. Case asked if the technology eists to se parate out trash material out at the recycling centers.Lotthammer said City staff will do that if it is something we can get out easily.Case asked how much of the contaminated material has to be sorted out here.Lotthammer said they will refuse the entire load if it shows up and is beyond a certain point of contamination. Case said he visited Canal Park in Duluth and was impressed by their solar powered trash compactors.Lotthamme r said our garbage truck does the compaction part.We have looked at composting scenarios at certain locations. Tyra-Lukens thought it is worth a call to the recycling center.She thought there are places that are doing this, so it seems like there should be a way for us to do this.She thought there might be grants available for the solar powered compactors. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DE1 LOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. RONTo2012S b Ewa ChihiEq SRC g Lotthammer said we have received a grant from the Eden Prairie Community Foundation to purchase new audioiisual egipment at the Eden Prairie Senior Center. MOTION: Aho moved, seconded by Case, to adopt Resolution No.16 accepting the grant in the amount of from the Eden Prairie Community Foundation to be used toward the purchase of new audiovisual egipment;proctor and screen for the Eden Prairie Senior Center. Mh i. 2. R No2012S h GthdlD.UW IffiVIWS;I1 Can Lotthammer said staff offered to help youth sports organizations in the City apply for a thnepin Yuth Sports progr am grant for etipment items they CITY COUNCIL MINUTES May R) Page 8 would like to add that would cost less than((Staff helped the Eden Prairie Fast Pitch organization apply for a grant. The Oteceived will be used to purchase a John Deere utility vehicle.The etlipment needs to be owned by the City, so a resolution is regired to accept the grant. MOTION: Nelson moved, seconded by Case, to adopt Resolution no.M ccepting the *ports Egipment Grant from the kiinepin birth Sports Program to purchase a John Deere utility vehicle for the Miller Park softball comple)Mhil. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY X OTHER BUSINESS K ADJOURNMENT MOTION: Case moved, seconded by Aho, to adpurn the City Council Meeting. Mh Mayor Tyra-Lukens adpurned the meeting at TM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 52 DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: X. Christy Weigel, Clerk§License Application List Police/Support hit TNWV* Rah Mh Approve the licenses listed below AdLi1,a 2AM CWhMr Eden Prairie Jakes he DBA:Jakes City Grille - 1- CITY COUNCIL AGENDA DATE: June 510 SECTION: Cad DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: Community DevelopmentPlanning Republic Compressed Natural Gas Janet JeremiahRegina Rojts RV' Move to: • Approve 2nd Reading of the finance for Planned hit Development District Review and Bening District Amendment within the !lining District on Icres; d • Adopt Resolution for Site Plan Review on&cres; d • Approve the Second Supplement to Developers Agreement; d • Approve the Third Supplement to Developers Agreement for Republic Compressed Natural Gas. Sp This is final approval for a private compressed natural gas fueling facility. The proposed compressed natural gas dispensers will replace the eiiting fueling dispensers. Bpi The Way Review Period Epires on June OM Ain 1 elinance for PI3 District Review and?ring District Amendment 2 Summary fi.inance 3 Resolution for Site Plan Review 4 Second Supplement to Developers Agreement 5 Third Supplement to Developers Agreement REPUBLIC COMPRESSED NATURAL GAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 122012PUD72012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A QINING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1 That the land which is the subct of this filinance hereinafter,the 1'and)is legally described in Ehibit A attached hereto and made a part hereof. Section 2 That action was duly initiated proposing that the land be amended within the Inning District IIIPD-hereinafter PD-417 Section 3 The City Council here by makes the following findings: A. PD-was not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PD-1113s designed in such a manner to form a desirable and unified environment within its own boundaries. C. The meptions to the standard retire ments of Chapters land If the City Code that are contained in PD-t2tr e jxstified by the design of the development described therein. D. PD-ails of sufficient size , composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsetent unit. Section 4 The land shall be subj'ct to the terms and conditions of that certain Development Agreement dated as of June 5gientered into between Woodlake Sanitary Services, hc.and the City of Eden Prairie, hereinafter Development Agreement)'The Development Agreement contains the terms and conditions of PD-42and are hereby made a part hereof. Section 5 The proposal is hereby adopted and the land shall be, and hereby is amended within the IZning District and sh all be included hereafter in the Planned bit Development 1117and the legal descriptions of land in each district referred to in City Code Section psubdivision J subparagraph B, shall be and are amended accordingly. Section 6 City Code Ch apter ]entitled General Provisions and Definitions Applicable to the Entire City Code licluding Penalty for 16lation'hnd Section Entitled iblation a Misdemeanor'are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7 This falinance shall become effective from and after its passage and publication. FRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2 St day of February land finally read and a dopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 5th day of June, ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PDLERD in the Eden Prairie News on,2 ENIBIT A PUD LW* LEGAL DESCRIPTION: Those parts of the following described properties: That part of the Southeast(tarter of the S outhwest(tarter of Section 7Township (Range 7thnepin County, Minnesota, which lies southerly of the southeasterly right of way line of E11-thway No.S And That part of the Northeast(tarter of the S outhwest(tarter of said Section 2vhich lies southerly of said southeasterly right of way line of Slipway S And That part of the Northwest(tarter of the Southe ast(tarter of said Section lying south of the north&f said Southeast titer which lies we sterly of a line described as beginning at a point on the south line of said Northwest karter of the Southeast (tarter distant Teet east of the southwest corner of said Northwest(tarter of the Southeast(tarter;thence northerly to a point on the north line of the Northeast(tarter of said Section 7listant Weet east of the northwest corner of said Northeast(tarter of Section Ind said line there terminating. And The Southwest(tarter of the Southeast(tarter of said Section 2 Lying easterly and southerly of a line described as commencing at the Southwest corner of said Southwest(tarter of Section 2 ;thence northerly, along the west line of said Southwest(tarter of Section 7a distance of 1'eet;thence northeasterly deflec ting to the right alegrees 6 minutes (seconds a distance of feet; thence northeasterly a distance of feet along a tangential curve concave to the northwest having a radius of Jeet;thence southeasterly;radial to said curve, a distance of ffeet;thence northeast erly a distance of feet, along a curve concentric w ith said curve;thence southeasterly, radial to said curve, a distance of Ofeet;thence easterly deflecting to the left degrees @nnutes (seconds a distance of fleet to a point he reinafter referred to as Point Xlience southerly deflecting to the right Qlegrees (Minutes (seconds a distance of meet to a point hereinafter referred to as Point thence westerly de flecting to the right degrees (Minutes 0 seconds to the west line of said Southeast Ctr ter of the Southwest Garter of Section 2being the point of beginning of the line to be described;thence Returning, along the last described course, to said Point thence northerly to said Point X ;thence northwesterly deflecting to the left Ilegrees &minutes (fie conds a distance of 4more or less, to said southeasterly right of way line of IIH ghway No.Shence northeasterly, along said southeasterly right of way line of IIH ghway Nola distance of feet to a line hereinafter described as sine A;thence southeas terly, along said sine A;'to a line hereinafter described as tine B;thence northeasterly, easter ly, southeasterly, along said tine B;'to the south line of said north ff the South east Carter of Secti on find aid line there terminating. tine A'is described as commenc ing at a point on the south line of the Northwest garter of the Southeast garter of said Secti on 2listant feet east of the southwest corner of said Northwestrter of the Southeast garter of Section thence north erly a distance of 9 feet, more or less, along a line which, if eended, would intersect the north line of the Northeast tarter of said Section It a point feet eas t of the northwest corner of said Northeast Carter of Section to said centerline of II}hway Number S as laid out and traveled;thence South 4legrees (Minutes (lseconds West, a ssumed bearing, along said centerline of ET. Ihway No.+',s laid out and traveled, a di stance of feet to the point of beginning said tine A;lhence South Sdegrees minutes (seconds East a distance of feet; thence South 4legrees minutes (seconds East a distance of Silence South 3 degrees minutes (seconds East a dist ance of ffeet;thence North degrees 9 minutes (seconds East a distance of feet; thence easterly to the point of commencement and said tine A'there terminating. tine B'is described as commencing at the sout heast corner of said Southeast garter of the Southwest Carter of Section 2 ;thence South degrees 9ninutes %econds West, assumed bearing, along the south line of said Southeast irter of the Southwes t garter, a distance of feet to the point of beginning of tine B" to be described;thence North Ilegrees 9 minutes leconds West a distance of feet to the hereinafter descri bed tine Clthence North 2 degrees minutes %econds East, along said t ine C;'a distance of feet to an angle point in said tine C;lhence North °rees minutes leconds West, along said tine C;'a distance of seet;then ce North degrees minutes 2 seconds West a distance of feet;thence North 2legrees (Minutes 3 seconds East a distance of ffeet;thence North degrees flninutes Seconds East a di stance of feet to the point of beginning of said tine B;lhence North alegrees minutes Seconds East a distance of feet; thence North 1l.egrees minutes seconds East a distance of feet;thence South 4 degrees 9ninutes seconds East a distance of feet;thence North degrees flninutes 4econds East a distance of I feet;thence North(degrees !Minutes %econd s West a distance of feet to the south line of said north ff the S outheast ttrter of Section of S ection find said tine B'there terminating. Line C'is described as commencing at said so utheast corner of the Southeast Carter of the Southwest(arter of Section thence South degrees 9 minutes 5Aeconds West, along said south line of the Southeast ttrter of the Southwest Q arter, a distance of reet; thence North(degrees aninutes aeconds West a distance of fleet to the point of beginning of sine C'to be described;then ce North alegrees minute %econds East a distance of fleet;thence North(degrees @ninutes leconds West a distance of feet and said sine C'lhere terminating. And That part of Section 7Township GRange 2West of the 5 th Principal Meridian described as follows: Commencing at A point in the East line of the West S of the North ',of the Southeast Cirter distance fleet South from the Northeast co rner of said West SA the North 1,ff the Southeast i rter;thence South to the Southeast corner of said West lb the North ',of the Southeast Qirter;thence West to a point on the South line of said West BA the North bf the Southeast(arter feet Ea st of the Southwest corner of said West R f the North 1/2 of the Southeast( rter;thence Nort herly to an intersection with a line parallel with and feet South from the North line of the Southeast Carter along a line wh ich if etended would intersect the North line of the Northeast 4trter distance S fleet East from the Northwest corner thereof;thence East to the point of beginning. And The East Three-Qhrters f jbf the South Elf 6 )bf th e Northeast kfirter NE f the Southeast(arter E f Section 7 Township North, Range 2West, according to the kited States Government Survey thereof. And The Southeast(arter of the Southeast Q arter of Section 7Township GRange 2 And That part of Government Lot l Secti on 4 Township Range 2 Hlinepin County, Minnesota, lying northeasterly of a line drawn from a point on the north line of said Government Lot I distance 4lfeet westerly of the northeast corner of said Government Lot Ito a point on the east line of said Government Lot J di stant fleet southerl y of said northeast ENIBIT A4 DEI LOPMENT AGREEMENT-REPUBL IC COMPRESSED NATURAL GAS ////� / / Z NG ZONING SKETCH 0 2T0 400 / PROPOSED LAND TO BE REZONED FROM / RURAL TO I-2(INDUSTRIAL PARK) SCALE IN FEET /��' 1-2 jpVfNC • �APPPO%IMATE-PER tAr�P) Lot I.Block I.FLYING CLOUD except those J ' parts according to the recorded plat thereof. ' Hennepin County,Minnesota,except th osa parts of sold Lot I previously removed from / the Rural District and included In the I-2 w Park District. // t. Nate: The plot of FLYING CLOUD ADDITION L er / &A �� f has net been filed as of dune E.2011 tv 04'�P'/ V' ������r�?MOO yl -- � 6ENOTES LAND TD BE RE20NEp FROM ~�� RLRAL TO I-1(INpUSTRIAL PAK) ' ` it` `:r�� AREA: 540,GDp%sq.ft.or 12.4�acres elkd ti ADDITION— •♦ e' 11 \1 hereby certify thol this sketch,Plan,or report era IT%/////� PO prepared by me or under my direct supervision and • that I om o duly Licensed Land Surveyor under the RLMAL "• / e. :I� ,t laws of the State of einneeete. R ORDIN poled this Slh day of June,2011 x0.1d • SUNDEEE LAND SLPVVEYINICC LLC. '_. 1111 ` P., Ry ark S.Hanson,P.L,S. Minn.Lie No. 15480 .40 -4tf irk.. Cf.t V RURAL If suATDE - - p , -a s -, 1 www raR5nd.wen SV In"%x ,��-3;'. .10-170 NI,.,r.nd,.,,..,2011.27., xx:x, REPUBLIC COMPRESSED NATURAL GAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 122012PUD72012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE BNING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.4WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendm ent of the zoning of land located at ft Flying Cloud Drive within the 12 Jning District. Ekibit A, included with this Glinance, gives the full legal description of this property. Effective Date: This filinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PBTLEHD in the Eden Prairie News on JD (A full copy of the tekof this fllinance is available from City Clerk) REPUBLIC COMPRESSED NATURAL GAS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION GRANTING SITE PLAN APPROXL FOR REPUBLIC COMPRESSED NATURAL GAS BY WOODLAKE SANITARY SERICES, INC WHEREAS, Woodlake Sanitary Services, hc, ha s applied for Site Plan approval of Republic Compressed Natural Gas to construct a natural gas fueling facility, by an flinance approved by the City Council on June $fihnd WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 9flneeting and recommende d approval of said site plans;and WHEREAS, the City Council has reviewed said application at a public hearing at its February 7.1Rrieeting. NOW, THEREFORE, BE IT HEREBY RESOLED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Woodlake Sanitary Services, Tic based on the Development Agreemen t between Woodlake Sanitary Service, Tic. and the City of Eden Prairie,reviewed and approved by the City Council on June 5M ADOPTED by the City Council of the City of Eden Prairie this 5th day of June, M Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk SECOND SUPPLEMENT TO DEVELOPER'S AGREEMENT This Second Supplement to Developer's Agreement (the "Supplement") is made as of , 2012, by and between WOODLAKE SANITARY SERVICE, INC., a Minnesota corporation ("Owner"), BFI WASTE SYSTEMS OF NORTH AMERICA, LLC, a Delaware limited liability company, formerly known as BFI Waste Systems of North America, Inc., a Delaware corporation ("BFI"), and the CITY OF EDEN PRAIRIE, a municipal corporation under the laws of the State of Minnesota ("City"). RECITALS A. BFI, as the developer of the transfer station, and City entered into that certain Developer's Agreement dated December 18, 2001 (the "Original Developer's Agreement") with respect to the development of a waste transfer station on certain real property located in Eden Prairie, Minnesota as a sanitary landfill (the "Property"). The Original Developer's Agreement was not placed of record but (i) a copy of it is attached hereto as Exhibit A and (ii) it was amended by Supplement to Developer's Agreement dated June 1, 2004 (the "First Supplement") executed by BFI and the City which was recorded in Hennepin County as Document No. 8379715. The Original Developer's Agreement and First Supplement are hereinafter collectively referred to as the"Developer's Agreement". B. It has been determined that: (i) BFI is not, and never has been, an owner of the Property contrary to certain statements contained in the Developer's Agreement; and (ii)there was an error in a portion of the legal description of the Property in the Developer's Agreement. C. Owner was on the effective dates of the Original Developer's Agreement and the First Supplement, and is on the date hereof, the owner of fee simple title to the Property. D. Owner, BFI and City desire to amend the Developer's Agreement, as described in this Supplement. NOW, THEREFORE, in consideration of the terms and provisions of this Supplement, Owner, BFI and City hereby modify and amend the Developer's Agreement (as amended, the "Agreement"), as follows: 1. Recitals. All of the Recitals set forth above are hereby incorporated into the body of this Supplement, as though separately and specifically set forth herein. 2. Defined Terms and Conflict. Any capitalized terms used, but not defined, in this Supplement shall be deemed to have the meanings respectively ascribed to those terms in the Developer's Agreement. In the event of any conflict between the terms and provisions of the Developer's Agreement and those of this Supplement, the terms and provisions of this Supplement shall control, in all events. 3. BFI's "Interest" in the Property. BFI and City hereby acknowledge that BFI never had, and still does not have, an ownership interest in the Property. BFI's sole interest in the Property is and has been as the Developer and Operator of the transfer station at the Property and as an affiliate of Owner. 4. Correction of Legal Description. The second full paragraph of the legal description of the Property set forth in the Developer's Agreement, which states as follows: "That part of the Northeast Quarter of the Southeast Quarter of said Section 27 which lies southerly of said southeasterly right of way line of U.S. Highway 169." (emphasis added) hereinafter shall be replaced in its entirety with the following: "That part of the Northeast Quarter of the Southwest Quarter of said Section 27 which lies southerly of said southeasterly right of way line of U.S. Highway 169." 5. Consent to Assignment by Owner. City hereby consents to the assignment of this Agreement by Owner to Allied Waste Services of North America, LLC (hereinafter "Allied Waste") if and when Owner transfers fee title to the Property to Allied Waste. 6. Miscellaneous. 6.1. Reaffirmation. BFI hereby reaffirms all of the terms, conditions and obligations of "Developer" under the Developer's Agreement, except as inconsistent with or amended by this Supplement. 6.2. Consent. Owner hereby consents to the execution of the Developer's Agreement, as modified by this Supplement, by BFI and subjects the Property to the terms and conditions of the Developer's Agreement, as modified by this Supplement. 6.3. Entire Agreement. The Developer's Agreement, as modified by this Supplement, constitutes the entire understanding between the parties with respect to the matters contemplated therein. 6.4. Counterparts. This Supplement may be executed in multiple counterparts and shall be valid and binding with the same force and effect as if all parties had executed the same Supplement. (Signature Page Follows) 2 IN WITNESS WHEREOF, the parties executed this Supplement as of the date first written above. CITY: CITY OF EDEN PRAIRIE By: (Print Name) Its: By: (Print Name) Its: OWNER: WOODLAKE SANITARY SERVICE, INC. By: Bryan J. Zimmerman Its: Vice President BFI: BFI WASTE SYSTEMS OF NORTH AMERICA, LLC By: William T. Eggleston, Jr. Its: Vice President 3 STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on , 2012 by and , the and , respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on , 2012 by Bryan J. Zimmerman, the Vice President of Woodlake Sanitary Service, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on , 2012 by William T. Eggleston, Jr., the Vice President of BFI Wast Systems of North America, LLC, a Delaware limited liability company, on behalf of the company. Notary Public Drafted by: Larkin Hoffman Daly&Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis,Minnesota 55431 (TFA) 1387365.1 4 Exhibit A Original Developer's Agreement: [attach copy of Original Developer's Agreement here] DEVELOPER'S AGREEMENT BFI TRANSFER STATION THIS AGREEMENT is entered into as of December 18, 2001,by BFI Waste Systems of North America,Inc.,a Delaware corporation,hereinafter referred to as"Developer,"and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for PUD Concept Amendment on 24.32 acres, PUD District Review on 24.32 acres, Zoning District Amendment within the I-2 Zoning District on 22 acres, Rezoning from Rural to I-2 Park on 2.32 acres, and Site Plan Review on 24.32 acres, legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting,Resolution No.2001-166 for Planned Unit Development Concept Review,Ordinance No.33-2001-PUD-22-2001 for Planned Unit Development District Review and Zoning District Change from Rural to I-2, and Resolution No. 2001-186 for Site Plan Review,Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated November 2, 2001, reviewed and approved by the City Council on November 6, 2001 , (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 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. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C,attached hereto. 6. GRADING,DRAINAGE,AND EROSION CONTROL 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 City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 7. 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. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters,and standard heating,ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet • the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. 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 such demolition or removal, Developer shall provide to the City a deposit in the amount of$ to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the$ deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 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. 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. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code,Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size,location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 13. SPECIAL ASSESSMENT AGREEMENT FOR TRUNK ASSESSMENTS AND PUBLILC UTILITY CONSTRUCTION: Prior to issuance of a building permit for the Property, Developer shall sign an assessment agreement, in the form and substance as attached in Exhibit E for trunk sewer and water assessments on an assessable area of 22 acres at the 2002 assessment rate of$5200.00/acre for a total of$114,400 and for $162,561.00 for the construction of public lateral sanitary sewer and watermain that will serve the Property as described in the Feasibility Study for Utility Improvements for the Pioneer Trail/Flying Cloud Drive Area I.C. 52-204. 14. ISSUANCE OF BUILDING PERMIT: Prior to issuance of any building permit for the Property, the City Council and the Metropolitan Airport Commission (MAC) must have awarded a construction contract for the public sanitary sewer and watermain as described in the Feasibility Study for Utility Improvements for the Pioneer Trail/Flying Cloud Drive Area I.C. 52-204. 15. OPERATION AND ENVIRONMENTAL CONDITIONS: Developer agrees to the terms,covenants, agreements and conditions set forth in Exhibit F. 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 . ‘IC By - N:1/4-eS ../`--)---,--cri/r"r Its ,rat Vn , r i S i By ------ Its 1; n ✓ Carl J. Ju11 Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Th ore o' ins en was acknowledged be.. - m this��ay of ,2001,. by ,r 1J. T i - �1 J.Jullie,respectively : dyor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. 1./4 rvw.twhnfJWtttiAMai`w wVWwvv.~■ 1 iteistAb,. KATHLEEN A. PORTA i + ' �, NOTA'V PUBLIO•MINNESOTA • .i -- xs ; My C Exp.res Jar.31,2005 � ndtA+VthrJN ;`,vv„i Lw� tLL r No Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this i l— day of , 2001,by - -D4Wit. Intli;zetiA^-4— , the 66.-0./atr1L ^;of BiE Ada.S p aR -e , a Minnesota c r h.. , on behalf of them,��'c 1 pLd C4g4'Jt '- 4, v M- lary Public '' JANET L CASEY i NOTARY PUBLIC-MINNESOTA ,, My Commission Expires Jan,31,2005 EXHIBIT A Project Name Legal Description: PUD LEGAL Those parts of the following described properties: That part of the Southeast Quarter of the Southwest Quarter of Section 27,Township 116,Range 22,Hennepin County,Minnesota,which lies southerly of the southeasterly right of way line of U.S. Highway No. 169. And That part of the Northeast Quarter of the Southeast Quarter of said Section 27 which lies southerly of said southeasterly right of way line of U.S. Highway 169. And That part of the Northwest Quarter of the Southeast Quarter of said Section 27 lying south of the north 3/16 of said Southeast Quarter which lies westerly of a line described as beginning at a point on the south line of said Northwest Quarter of the Southeast Quarter distant 676.5 feet east of the southwest corner of said Northwest Quarter of the Southeast Quarter;thence northerly to a point on the north line of the Northeast Quarter of said Section 27 distant 280.50 feet east of the northwest corner of said Northeast Quarter of Section 27 and said line there terminating. And The Southwest Quarter of the Southeast Quarter of said Section 27. Lying easterly and southerly of a line described as commencing at the Southwest corner of said Southwest Quarter of Section 27;thence northerly, along the west line of said Southwest Quarter of Section 27, a distance of 471.1 feet; thence northeasterly deflecting to the right 87 degrees 06 minutes 00 seconds a distance of 508.20 feet; thence northeasterly a distance of 561.80 feet along a tangential curve concave to the northwest having a radius of 1432.70 feet;thence southeasterly; radial to said curve, a distance of 60.00 feet;thence northeasterly a distance of 210.00 feet, along a curve concentric with said curve;thence southeasterly,radial to said curve, a distance of 172.00 feet; thence easterly deflecting to the left 52 degrees 10 minutes 00 seconds a distance of 347.00 feet to a point hereinafter referred to as"Point X"; thence southerly deflecting to the right 90 degrees.00 minutes 00 seconds a distance of 240.00 feet to a point hereinafter referred to as "Point Y"; thence westerly deflecting to the right 90 degrees 00 minutes 00 seconds to the west line of said Southeast Quarter of the Southwest Quarter of Section 27,being the point of beginning of the line to be described; thence Returning, along the last described course, to said "Point Y"; thence northerly to said"Point X"; thence northwesterly deflecting to the left 21 degrees 16 minutes 00 seconds a distance of 442.5,more or less,to said southeasterly right of way line of U.S. Highway No. 169; thence northeasterly, along said southeasterly right of way line of U.S. Highway No. 169, a distance of 944.23 feet to a line hereinafter described as"Line A";thence southeasterly,along said"Line A",to a line hereinafter described as"Line B"; thence northeasterly, easterly, southeasterly, along said"Line B", to the south line of said north 3/16 of the Southeast Quarter of Section 27 and aid line there terminating. "Line A"is described as commencing at a point on the south line of the Northwest Quarter of the Southeast Quarter of said Section 27 distant 676.50 feet east of the southwest corner of said Northwest Quarter of the Southeast Quarter of Section 27; thence northerly a distance of 1537.79 feet,more or less, along a line which,if extended,would intersect the north line of the Northeast Quarter of said Section 27 at a point 280.50 feet east of the northwest corner of said Northeast Quarter of Section 27, to said centerline of U.S. Highway Number 169 as laid out and traveled;thence South 41 degrees 10 minutes 00 seconds West, assumed bearing, along said centerline of U.S. Highway No. 169 as laid out and traveled,a distance of 1588.20 feet to the point of beginning said"Line A";thence South 55 degrees 14 minutes 00 seconds East a distance of 457.41 feet; thence South 64 degrees 25 minutes 00 seconds East a distance of 156.37;thence South 51 • degrees 54 minutes 00 seconds East a distance of 582.00 feet;thence North 26 degrees 39 minutes 00 seconds East a distance of 386.06 feet;thence easterly to the point of commencement and said"Line A"there terminating. "Line B"is described as commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter of Section 27;thence South 89 degrees 39 minutes 57 seconds West, assumed bearing,along the south line of said Southeast Quarter of the Southwest quarter,a distance of 104.56 feet to the point of beginning of"Line B"to be described; thence North 17 degrees 49 minutes 47 seconds West a distance of 179.81 feet to the hereinafter described"Line C"; thence North 28 degrees 55 minutes 39 seconds East, along said"Line C", a distance of 110.07 feet to an angle point in said"Line C"; thence North 61 degrees 04 minutes 21 seconds West,along said"Line C", a distance of 91.16 feet; thence North 10 degrees 47 minutes 28 seconds West a distance of 70.92 feet;thence North 2 degrees 30 minutes 53 seconds East a distance of 365.59 feet; thence North 24 degrees 38 minutes 16 seconds East a distance of 225.88 feet to the point of beginning of said"Line B";thence North 32 degrees 27 minutes 49 seconds East a distance of 532.21 feet; thence North 78 degrees 54 minutes 10 seconds East a distance of 41.35 feet;thence South 54 degrees 39 minutes 30 seconds East a distance of 221.02 feet;thence North 62 degrees 20 minutes 47 seconds East a distance of 29.14 feet; thence North 0 degrees 20 minutes 57 seconds West a distance of 860.92 feet to the south line of said north 3/16 of the Southeast Quarter of Section of Section 27 and said"Line B"there terminating. "Line C"is described as commencing at said southeast corner of the Southeast Quarter of the Southwest Quarter of Section 27;thence South 89 degrees 39 minutes 57 seconds West, along said south line of the Southeast Quarter of the Southwest Quarter, a distance of 222.13 feet; thence North 0 degrees 20 minutes 03 seconds West a distance of 58.14 feet to the point of beginning of"Line C"to be described;thence North 28 degrees 55 minute 39 seconds East a distance of 240.00 feet;thence North 61 degrees 04 minutes 21 seconds West a distance of 317.62 feet and said"Line C"there terminating. And That part of Section 27,Township 116,Range 22 West of the 5th Principal Meridian described as follows: Commencing at A point in the East line of the West 5/8 of the North %2 of the Southeast Quarter distance 495 feet South from the Northeast corner of said West 5/8 of the North %2 of the Southeast Quarter; thence South to the Southeast corner of said West 5/8 of the North %2 of the Southeast Quarter;thence West to a point on the South line of said West 5/8 of the North %2 of the Southeast Quarter 676.50 feet East of the Southwest corner of said West 5/8 of the North%2 of the Southeast Quarter; thence Northerly to an intersection with a line parallel with and 495 feet South from the North line of the Southeast Quarter along a line which if extended would intersect the North line of the Northeast Quarter distance 280.50 feet East from the Northwest corner thereof;thence East to the point of beginning. And The East Three-Quarters(E 3/4) of the South Half(S 1/2)of the Northeast Quarter(NE 1/4) of the Southeast Quarter(SE 1/4)of Section 27,Township 116 North,Range 22 West, according to the United States Government Survey thereof. And The Southeast Quarter of the Southeast Quarter of Section 27,Township 116,Range 22. And That part of Government Lot 1, Section 34,Township 116,Range 22,Hennepin County, Minnesota, lying northeasterly of a line drawn from a point on the north line of said Government Lot 1, distance 100.00 feet westerly of the northeast corner of said Government Lot 1 to a point on the east line of said Government Lot 1, distant 50.00 feet southerly of said northeast corner of Government Lot 1. REZONING LEGAL Commencing at the SE corner of SE 'A of SW 'A of Section 27,T116,R22,thence westerly along the S line of the SE %4 of SW 1'A of Section 27, S 89°39' 57" W a distance of 1223.12 ft.,thence northerly on a line N 0°01' 38" W a distance of 298.18,thence easterly on a line S 85°51' 34"E a distance of 356.36 ft.,thence northerly on a line of 4° 08' 26" E a distance of 240.00 ft.,thence northerly on a line N 17° 07' 34"W a distance of 432.75 ft. to the point of beginning. Thence southerly on a line S 17°07' 34" E a distance of 432.75 ft.,thence westerly on a line N 85°51' 34"W a distance of 347.00 ft.,thence northerly on a line N 33°41' 34"W a distance of 172.00.ft.,thence northeasterly along the right-a-way of State Highway 169 to the point of beginning. Exhibit B 1. Application for Development Request for the City of Eden Prairie dated July 27, 2001,by Wenck Associates 2. Site Plan, dated September 4, 2001,by Wenk Associates 3. Cross Section/Site Line, dated September 14, 2001,by Wenck Associates 4. Existing Conditions Map, dated June 15, 2001, by Wenck Associates 5. Tree Inventory, dated June 15, 2001,by Wenck Associates 6. Grading/Drainage Plan, dated May 3, 2001,by Wenck Associates 7. Site Plan,dated July 25, 2001,by Wenck Associates 8. Site Traffic Flow Patterns and Proposed Pavement Plan, dated July 25,2001 9. City Water Body ID Numbers,dated May 3,2001,by Wenck Associates 10. Existing Utility plan, dated July 25, 2001,by Wenck Associates 11. Proposed Utility Plan Sewer and Water Extension,dated July 25,2001 12. Architectural Plans and Section,dated May 3,2001,by Wenck Associates 13. Architectural Plans,Floor Plan,and Layout, dated May 3,2001,by Wenck Associates DEVELOPER'S AGREEMENT EXHIBIT C 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. Presently,the amount of cash park fees applicable to the Property is$ per acre/unit. The amount to be paid by Developer shall be increased or decreased to the extent that the. City Code is amended or supplemented to require a greater or lesser amount as of the date of the issuance of any 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 and approved in connection with this Agreement,thus restoring the status of the Property before the Developer's Agreement all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors,and their assigns of the Property herein described. 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: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) 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 release of the final plat,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. SS 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 and warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used, employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs,if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other Leuzedy. 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 Developer's 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, 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 '/z by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. EXHIBIT D EROSION CONTROL POLICY August 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices(BMP's)as outlined in the Minnesota Pollution Control Agency's manual,Protecting Water Quality in Urban Areas,to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedure s and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. All erosion control systems must be maintained by the applicant in a functional condition- until the completion of turf and/or structural surfaces which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of.5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices(BMP's)shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to,rock construction entrances,washing stations,frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street,highway,sidewalk or trail,the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter,or entrance appears imminent,into wetlands or other water bodies,clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification,the City may take the following actions: a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option,institute and prosecute an action to enjoin violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to,attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1%per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I,We,The Undersigned,hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith to the satisfaction of the City of Eden Prairie,Minnesota. By: ?-e-tu✓ BOwneApplicant's Sign: e DEVELOPMENT NAME: " I Lot: Block: OWNER INFORMATION OWNER(PRINT):Pp.wt�Os44II,t gvjuili u ,B in1as Sys-f uncaf t•(u✓.Iti. ADDRESS �lgl 3 EtAals v� C1WC 1r4v4— Rvw�✓�cs-, EvV. . CITY {A-PCA. ✓i e. •J STATE W\NI ZIP SS 3 ti EXHIBIT E AGREEMENT REGARDING SPECIAL ASSESSMENTS SSA No. 01-11 THIS IS AN AGREEMENT MADE THIS 18th day of December,2001,between the City of Eden Prairie, a municipal corporation, (the "City") and BFI, a Delaware Corporation(the "Owner"). A. The Owner holds legal and equitable title to Property legally described on Exhibit A attached hereto(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: 1. Property development 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 "Trunk Improvements"). 2. Property development requires construction of public improvements consisting of sanitary sewer and watermain described in the Feasibility Study for Utility Improvements for the Pioneer Trail/Flying Cloud Drive Area (I.C. 52-204) all of which is hereafter referred to as the "Lateral Utility Improvements". AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the Lateral Utility Improvements in an amount of$162,561.00. The costs of the Lateral Utility Improvements levied 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 Lateral Utility Improvements and costs incurred for easements of right-of-way. 2. The Owner consents to the levying of special assessments against the Property in the amount of $114,400.00 based on 22.0 acres for the Trunk Improvements. 3. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 4. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessments are to be considered by the City Council and thereafter approved and levied. 5. The Owner concurs that the benefit to the Property by virtue of the Trunk Improvements and Lateral Utility Improvements exceeds the amount of the assessment to be levied against the Property as to the amount of the assessments set forth in paragraphs 1 and 2. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of such assessments,or the procedures used by the City in apportioning such 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 such assessments. Nothing in this Agreement prohibits the City from levying assessments in an amount greater than set forth in paragraphs 1 and 2;however,the Owner's waiver is effective only for the amounts set forth in paragraphs 1 and 2. 6. Special assessments levied against the Property shall be due and payable in installments,the first of which shall be payable commencing with the ad valorem taxes due and payable no earlier than the later of 2002 or the calendar year following the year of the assessment is levied. 7. The parties agree that this Agreement and the assessments against the Property for the Improvements shall be a lien on the Property and that the Owners shall have no individual liability or obligation with regard thereto at any time. BFI CITY OF EDEN PRAIRIE A lDc►twace-, Corporation A Minnesota Municipal Corporation By - By: n L.lA. ns By: Carl J. J • , ity Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) De ore o' i trument was acknowledged before me this day of .20(3F,.Je ' ,t e ayor,and Carl J. Jullie,the City Manager, of the City of en Prairie,a Minnesota municipal corporation, on behalf of the corporation. _a• ,z-:& of Public " _ KATHLEEN A. PORTA 14 7 -- NOTARY PUBLIC.MINNESOTA �.,.4. .Z.V My Commission Expires Jan.31,2005 o V.Amiccocivo.voisAnnAmmAmovwwwv Y 1 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me_this 1 (44. day of 1)u a-...- .2001,by DOLA 4.1 /v-t-' 6 �-� of BFI, a � corporation, on behalf 6f the corporation. Ni: ../ , !b, .Cii.4,,? — . Public 1 :, JANET L CASEY 4 :' NOTARY PUBUC-MINNESOTA My Commission Expires Jan.31,2005 . EXHIBIT F OPERATION AND ENVIRONMENTAL CONDITIONS FOR MUNICIPAL SOLID WASTE TRANSFER FACILITY BFI WASTE SYSTEMS OF AMERICA, INC (BFI) These Operation and Environmental Conditions (hereinafter"Conditions") are for the Municipal Solid Waste Transfer Facility for BFI Waste Systems of America, Inc. (Transfer Facility)identified as the Property in the Developer's Agreement to which these Operation and Environmental Conditions are attached. For the purposes of these Conditions,a Transfer Facility is an intermediate waste facility in which municipal solid waste(garbage,refuse and other solid waste from residential, commercial,industrial and other community activities)that the generator of the waste aggregates for collection is temporarily deposited to await transportation to another waste facility. 1. The operator of the Transfer Facility shall cooperate with the City in order to facilitate periodic City inspections of the Transfer Facility,as the City may deem necessary. The City shall have the right to inspect the Transfer Facility at any reasonable time and shall have the right to review all records relating to the operation of the Transfer Facility. The operator shall be responsible for documenting the results of the inspections for inclusion in the Annual Report. 2. Hours of truck operation entering and leaving the Transfer Facility shall be limited to 4 a.m.- to 7 p.m. Monday through Saturday. 3. Overnight storage shall be limited to storage inside the Transfer Facility only. The maximum number of refuse collection or transfer trucks allowed to remain on-site for overnight storage shall be limited to two (2) collection and/or transfer trucks. Storage shall be limited to a maximum of 24 hours. 4. Maximum daily tons per day(TPD)of municipal solid waste(MSW)that will be allowed shall be in accordance with the Minnesota Office of Environmental Assistance(OEA)"Findings of Fact"dated September 6,2001 and the"Amended Findings of Fact"dated November 7,2001, attached as Exhibit F-1 hereto. The final maximum after 2006 shall be 500 TPD with an average of 317 TPD. 5. Maximum tons per year(TPY)of MSW that will be allowed shall be in accordance with the - OEA"Findings of Fact"dated September 6,2001 and the"Amended Findings of Fact"dated November 7, 2001. The final maximum after 2006 shall be 99,000 TPY. 6. The maximum number of trips out of the Transfer Facility per day shall be limited to 100 for refuse collection vehicles and 22 for transfer vehicles. 7. All stacking of trucks and other equipment shall occur on-site and off public right(s)-of-way. 8. No loading,unloading,tipping, or cleaning of vehicles,trailers, equipment or containers that have been used for transfer or storage of MSW shall occur outside of the enclosed Transfer Facility. 9. There shall be no on-site, exposed or contained,exterior overnight storage of solid waste from the main tipping floor of the Transfer Facility. 10. All trucks and equipment traveling to or from the Transfer Facility, except for personal vehicles, that are coming to or from the MSW disposal facility shall be restricted to the designated primary or alternate route established by the City. The alternate route shall be restricted to use during emergencies or inclement weather where the primary route is not readily available. 11. On-site storage of Hazardous Wastes inadvertently collected from the MSW routes is prohibited. For the purposes of these Conditions, Hazardous Waste means any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. Such substances,wastes,pollutants, and contaminants area hereafter referred to as Hazardous Waste. Hazardous Wastes inadvertently delivered to the Transfer Facility shall be promptly removed in accordance with local, county,state and federal requirements. 12. The Owner or Operator shall perform daily inspections of the floor surface within the Transfer Facility to find cracks in the flooring. Any cracks shall be repaired immediately. 13. All leachate and liquid wastes,except Hazardous Wastes,generated, spilled or dropped(i.e. snow or slush dropping off the truck) within the Transfer Facility shall be directed to an interior drain for disposal. 14. The Owner or Operator shall perform testing of the leachate and liquid wastes at a minimum weekly. The Developer shall prepare and file with the City guidelines on how the leachate and liquid wastes will be handled based on the results of the sampling. These guidelines shall include contingency plans for disposal of these leachate or liquid wastes below or exceeding. the limits established for use of the sanitary sewer. 15. The emission of noxious matters and generation of noise shall be controlled so that no concentration of such noise or matter will be detrimental to or endanger the public health, safety,comfort, and/or general welfare or cause damage to property beyond the boundary lines of the Property. Noxious matter includes, but is not limited to, gases, vapors, odor, dusts, fumes,mists, other particulates,or any combination thereof,generated by the Transfer Facility operations,including vehicular operations. 16. The Owner or Operator shall perform daily cleaning and monitoring of the drain located within the Transfer Facility to prevent clogging of the drain and allow free drainage of all leachate and liquid wastes. 17. The Owner or Operator shall monitor noxious matter and noise generation related to the Transfer Facility operations, including vehicular emissions, at a minimum of quarterly,or as ordered by the City. The Owner or Operator of the facility shall conduct and assume all costs for all noise and/or chemical testing as ordered by the City to determine the presence and/or extent of contamination or pollution. Any violations of local, county, State or Federal standards shall be abated. 18. The Owner or Operator shall develop and submit a Pest Control Plan for nuisance species,such as insects,rats and mice,to the City Environmental Coordinator for review and approval. The Pest Control Plan shall include a contract with a licensed pest control operator for regular service. 19. The Property and the fence line for the Property, including the interior grounds as well as the frontage for Flying Cloud Drive(Hwy 212) shall be inspected for windblown litter and debris daily. Cleanup of debris shall occur no less than once weekly,whenever the Transfer Facility Operator notes a problem,when a complaint is received, or as ordered by the City. • 20. Annual Reports must be submitted on or before January 31 to the City for the previous calendar year. The information to be reported shall include those items specified in Minnesota Rules Part 7035.2585 and any additional information requested below. Items to be evaluated in the Annual Report shall include,at a minimum: • MSW throughput, • Monthly summaries of waste types and quantities accepted and transferred, with their origins and destinations,respectively, • MSW handling, • Leachate / liquid waste testing, noxious emission monitoring, and noise monitoring results as required by Exhibit F, • Effectiveness and results of the litter control, • Effectiveness and results of the pest control, • Inspection results,and • Complaints received and the actions taken to address each complaint. 21. The release of any Hazardous Waste at the Transfer Facility shall be immediately reported to such governmental authorities as required by State and Federal law and in addition,reported to the City's Police and Fire Departments and Environmental Coordinator. cot INT F• i STATE OF MINNESOTA OFFICE OF ENVIRONMENTAL ASSISTANCE In the Matter of the MPCA Permit Applications FINDINGS OF FACT, for MSW Capacity for the SKB"Environmental CONCLUSIONS OF LAW, Transfer Station,WMI Dakota Resource AND ORDER Transfer Facility Transfer Station,WMI Maple Grove Transfer Station,BFI Recyclery Signed by Sherry Enzler, Transfer Station and BFI Eden Prairie OEA Director 9/6/01 Transfer Station. FINDINGS OF FACT REQUESTED ACTION AND AUTHORITY FOR REVIEW 1. Five applicants have filed permit applications with the Minnesota Pollution Control Agency(MPCA) for mixed municipal solid waste(MSW)transfer station facilities that would accept in total up to 361,200 tons per year(TPY)of MSW. 2. Minn. Stat. §473.823,subd. 3 (2000)provides that the MPCA shall not issue a permit for the operation of a solid waste facility including transfer stations in the Metropolitan Area unless the Director of the Office of Environmental Assistance(OEA)determines that the permit is in accordance with the Metropolitan Solid Waste Management Policy Plan ("Policy Plan"). Approval of the permit may be subject to conditions that the Director determines are necessary to satisfy criteria and standards in the Policy Plan. CONSOLIDATED REVIEW 3. Review of the five transfer facility permit applications are being consolidated by the OEA because the facilities being proposed represent a significant increase in total metropolitan transfer capacity,many of the facilities are of the exact or similar in size(capacity),and some of the facilities serve the same geographic areas. In order to conduct the type of review that is required under Minn.Stat. §473.823,it is necessary to evaluate the transfer stations as an interconnected system. The proposed transfer stations raise similar issues specifically with respect to two of the review criteria in the Policy Plan-waste management service area and capacity. Accordingly,the permit reviews required under Minn. Stat. §473.823 have been consolidated into one review. SUMMARY OF THE PERMIT APPLICATIONS 4. SKB Environmental,Inc. (SKB)proposes to build a transfer station on Naples Street NE in Blaine,Anoka County,that would have 62,400 TPY of MSW capacity. It is located in an isolated industrially zoned area. This facility proposes to draw MSW from several counties, including Hennepin County,Anoka County,Ramsey County,Washington County,and non-metro counties. The facility also proposes to accept up to 93,600 TPY of construction and demolition(C&D)waste and yard waste.The Policy Plan review of the C&D and yard waste portion of the application have been handled separately and addressed in separate findings. 5. Waste Management,Inc. (WMI)proposes to build a transfer station at 10619 Courthouse Boulevard in Inver Grove Heights,Dakota County(the Dakota Resource Transfer Facility), with 99,000 TPY of MSW capacity. This transfer station is located approximately 1.5 miles from the Pine Bend Landfill. The transfer station will operate in a building formerly used as a source-separated solid waste and electronics recycling facility.This facility proposes to draw MSW from mainly Dakota County,with lesser amounts from Ramsey County and Washington County. 6. WMI proposes to build a transfer station at 10633 891 Avenue North in Maple Grove, Hennepin County with 99,000 TPY MSW capacity. This facility is a replacement for the North Hennepin Transfer Station, which will be closed. This facility includes 7,200 TPY of new MSW capacity, which will be used to transfer MSW originating in Hennepin County. The replacement capacity of 91,800 TPY is considered a permit reissuance,for which the Policy Plan review has been conducted separately and addressed in separate • findings. 7. Browning Ferris,Inc.(BFI)proposes to build a transfer station at 9813 Flying Cloud Drive in Eden Prairie,Hennepin County with 99,000 TPY of MSW capacity. The facility is located adjacent to the closed Flying Cloud Landfill at a BFI collection vehicle storage and maintenance facility. This facility proposes to draw MSW mostly from Hennepin County, with smaller amounts from Scott County and Carver County. • 8. BFI proposes to build a transfer station at 2795 117t Street East,Inver Grove Heights, Dakota County with 93,600 TPY of MSW capacity. The facility is located adjacent to the operating BFI Pine Bend Landfill and an existing BFI source separated recycled material processing facility. This facility proposes to draw MSW mostly from Dakota,Ramsey and Washington counties. PERMIT REVIEW NOTIFICATION AND RESPONSE 9. The OEA notified the following parties of these reviews: SKB Environmental,Inc., Waste Management, Inc.,Browning Ferris,Inc.,NRG Processing Solutions, Inc.,Anoka County,Dakota County,Ramsey County,Hennepin County, Scott County,Washington County, and the Solid Waste Management Coordinating Board(SWMCB). 10. The OEA received a letter(dated May 30,2001)from Mr.Phil Eckert,Director of Environmental Services for Hennepin County. Mr. Eckert stated that there is excess transfer station capacity in the Metropolitan Area and sufficient transfer capacity to meet the needs of Hennepin County. Mr. Eckert stated that this year more then 100,000 tons of processing capacity would be unused. Mr. Eckert recommended that the OEA withhold any further action on the transfer stations until long-term arrangements are in place to 2 ensure that existing transfer station and regional resource recovery facilities are operating at full capacity. REVIEW CRITERIA 11. Minn. Stat. §473.823, subd. 3(b)provides that"The director[of the OEA] shall determine whether a permit is in accordance with the policy plan. In making this determination,the director shall consider the area wide need and benefit of the applicant facility ..., and may consider,without limitation,the effect of the applicant facility on existing and planned solid waste facilities." 12. The Policy Plan is the long-range plan for solid waste management in the Metropolitan Area and serves as a guide for developing the regional solid waste management system. 13. Appendix F of the Policy Plan contains criteria for reviewing solid waste facility permits. Criteria 1 a and lb(Waste Management Service Impacts)and Criteria 2a(Capacity)are relevant to the review of these transfer station applications. 14. Waste Management Service Impacts Review Criteria: Criterion la.-Waste supply projections for a proposed facility shall be compatible with existing and proposed facilities approved by the OEA. . . . Criterion lb.-The quantity and composition of solid waste within the proposed waste facility's service area shall be sufficient to enable economically viable operation of the facility. 15. Capacity Review Criteria: Criterion 2a. -Proposed waste facility capacities should not exceed the projected market demand for secondary materials and/or energy,nor should they exceed the projected waste supply from the areas they serve. Limits may be placed on capacities in order to coordinate facility development with projected market demand and/or supplies. METROPOLITAN TRANSFER STATION SYSTEM 16. MSW transfer stations serve as the link between solid waste collection and final disposal by consolidating waste from collection vehicles into larger transfer vehicles. 17. Transfer stations must be properly sited, designed,and operated. Transfer stations can have environmental,nuisance and safety impacts related to traffic,noise,odors, air emissions,water quality,vectors and litter. Transfer stations can also be disproportionately concentrated,which raise concerns about their ability to obtain waste supplies and to be economical. 18. In the year 2000,the Metropolitan Area generated approximately 3,419,000 tons of MSW. Of this amount, 1,454,000 tons were recycled(including problem materials not recycled), and 1,962,000 tons went to three resource recovery facilities and 10 in-state and out-of-state landfills. See,MSW Generation-Transfer Station Useage Table, which is attached hereto and made a part here of. 3 19. The Metropolitan Area is presently served by a system of 10 MSW transfer stations with a total permitted capacity of 1,249,000 TPY. In 2000, these facilities transferred 810,000 tons of MSW to resource recovery facilities and landfills. The transfer system had approximately 500,000 tons of unused capacity in 2000. 20. Not all waste generated in the Metropolitan Area went through transfer stations. Only 18 percent of the MSW received at the three resource recovery facilities and 44 percent of the MSW received at the 10 landfills that serve the Metropolitan Area was transferred through transfer stations. Approximately 1,152,000 tons:of MSW was direct-hauled to resource recovery facilities and landfills in 2000. 21. The Metropolitan Area transfer system is an inter-connected system. The 10 transfer stations received MSW from seven metropolitan counties in 2000. The approximate percentage of each county MSW available to send to landfills or resource recovery facilities which went to transfer stations during year 2000 is as follows:Anoka County 31 percent, Carver County 84 percent,Dakota County 24 percent,Hennepin County 45 percent,Ramsey County 48 percent, Scott 25 percent and Washington County 25 percent. • 22. The proposed new transfer facilities would add 361,200 tons of new MSW transfer capacity to the Metropolitan Area system. METROPOLITAN PLANS AND POLICIES 23. The OEA prepared the Policy Plan with the assistance of the regional Solid Waste Management Coordinating Board(SWMCB). The SWMCB is a joint-powers board of the counties of Anoka,Carver,Dakota,Hennepin,Ramsey and Washington (Metropolitan Counties). On September 24, 1997,the SWMCB approved the Policy Plan. On October 7, 1997 the Director of the OEA adopted the Policy Plan pursuant to Minn. Stat. § 473.149, subd. 1. 24. On December 16, 1998,the SWMCB adopted the Regional Solid Waste Master Plan ("Master Plan")to fulfill the requirements of Minn. Stat. §§ 115A.46 and 473.803 as set forth in the Policy Plan.The master plan is a regional plan that the Metropolitan Counties have jointly prepared and agree to jointly implement. Each county agrees to work towards specific outcomes to further the regional vision. The Director approved the Master Plan for consistency with the Policy Plan. 25. The Master Plan lays out a planned system of solid waste services and facilities that will serve the Metropolitan Area over the next 20 years. Master Plan projections show that the MSW waste stream will grow on average 2.6 percent each year.The Plan indicates that the percentage rate for recycling and waste reduction of approximately 42 percent will remain essentially constant for the planning period. The Plan estimates that approximately 158,500 tons of new MSW capacity will be added to the resource recovery system by 2003. 4 DETERMINATION OF CONSISTENCY WITH THE METROPOLITAN SOLID WASTE MANAGEMENT POLICY PLAN 26. The regional MSW solid waste facility capacity should be sufficient to accommodate growth in the MSW stream.The Metropolitan Area MSW waste stream is projected to grow at a rate of 2.6 percent per year,according to estimates in the Regional Solid Waste Master Plan approved by the OEA Director. This will increase the amount of MSW going to resource recovery facilities and landfills by 14 percent by 2006. 27. The resource recovery facilities and the in-state landfills are located close to waste supply generators, and draw a large percentage of their waste supplies from direct-haul. In 2000, 82 percent of the Metropolitan Area MSW that went to the three resource recovery facilities was direct-hauled and 56 percent of the Metropolitan Area MSW that went to landfills was direct hauled. Only 18 percent and 44 percent of the MSW that went to resource recovery facilities and landfills,respectively,arrived via transfer facilities. 28. Future operations at the Pine Bend and Burnsville Sanitary Landfills will impact the need for transfer capacity. The two landfills receive the majority of their MSW by direct-haul. In 2000,96 percent of the MSW going to the Pine Bend Landfill was direct-hauled,and 99 percent of the MSW going to the Burnsville Landfill was direct-hauled. However,the two landfills are expected to exhaust their current permitted disposal capacities in the next three to five years,which would necessitate transferring the MSW to other more distant in and out-of-state facilities. BFI officials have informed the OEA they intend to apply for a 5 to 6 million cubic yard expansion at the Pine Bend Landfill.If approved, this expansion would keep the landfill open for an additional five or more years at current landfill fill rates. 29. Based on the projected new MSW growth,patterns of direct haul,and anticipated changes in the future operations of the Pine Bend and Burnsville landfills,there is no need for new transfer capacity through 2003. There is need for 205,000 tons of MSW transfer capacity in 2004 and 276,000 tons in 2005. The closure of the Pine Bend Landfill in approximately 2004 and the Burnsville Landfill in approximately 2006 would result in a greater need for transfer station capacity. 30. The region's MSW transfer system needs some degree of surplus capacity to ensure that the facilities can handle seasonal and other fluctuations in waste supplies. Currently,the metropolitan transfer system capacity exceeds the available waste supplies by 45 percent. 31. If the full capacity(361,200 TPY)requested by the five applicants were to be approved, the metropolitan system would have excess transfer capacity of 86 percent in 2001,76 percent in 2002,94 percent in 2003,38 percent in 2004 and 32 percent in 2005. 32. If 50 percent of the requested capacity were approved,the metropolitan transfer system would have excess transfer capacity of 65 percent in 2001, 56 percent in 2002, 73 percent in 2003,23 percent in 2004 and 17 percent in 2005. If 70 percent of the requested capacity were approved,the metropolitan transfer system would have excess transfer 5 capacity of 74 percent in 2001, 64 percent in 2002, 81 percent in 2003,29 percent in 2004, and 23 percent in 2005. 33. The MPCA issues 5-year permits for transfer stations,which means that the permits for these facilities if issued this year would expire in 2006. Limiting the throughput of the proposed transfer facilities to 50 percent in 2001 and 2002 and to 70 percent in the remaining years will avoid adding too much capacity to the system and allow time to assess future needs. 34. MSW transfer stations have a reasonable amount of flexibility in hours of operations and can be constructed or expanded in a relatively short period of time. If additional transfer station capacity is needed in the future,new permitted capacity can be approved and added as the need arises. 35. SKB staff have indicated plans to start construction of their MSW and C&D transfer station during the year 2001 construction season. BFI staff have indicated that their Eden Prairie facility would be constructed in June or July of 2002 with approximately 50,000 tons of MSW throughput for the remainder of the year. BFI staff anticipate to begin operating their Recyclery Transfer Station in Inver Grove Heights by late 2002 with approximately 20,000 to 30,000 tons of throughput for the year. WMI staff have indicated to the MPCA,OEA and the City of Inver Grove Heights that the Dakota Resource Transfer facility has low priority because of commitments to upgrade other transfer facilities. CONCLUSION OF LAW 1. The OEA has jurisdiction to review permits applications for transfer stations under Minn. Stat. §473.823, subd. 3 (2000). 2. Approving all five permit applications to add 361,200 TPY of new MSW transfer station capacity to the Metropolitan Area system is not in accordance with the Policy Plan in light of the future waste supply projections and the surplus capacity in the existing transfer facilities. 3. Approving 50 percent of the requested capacity for the five applications for a total of 180,600 TPY of new MSW transfer station capacity for 2001 and 2002 is consistent with the Policy Plan in light of the future waste supply projections and the surplus capacity in the existing transfer facilities. 4. Approving 70 percent of the requested capacity for the five applications for a total of 252,840 TPY of new MSW transfer station capacity for 2003, 2004,2005,and 2006 is consistent with the Policy Plan in light of the future waste supply projections and the surplus capacity in the existing transfer facilities. 6 • 5. Any findings that might properly be termed conclusions and any conclusions that might properly be termed findings are hereby adopted as such. 7 ORDER Now, therefore,pursuant to the authority vested in me by Minn. Stat. §473.823, subd. 3, the issuance of MPCA solid waste permits for the SKB Environmental Transfer Station, WMI Dakota Resource Transfer Facility, WMI Maple Grove Transfer Station,the BFI Recyclery Transfer Station, and BFI Eden Prairie Transfer Station are approved as consistent with the Metropolitan Solid Waste Policy Plan, with the following conditions: 1) The annual operating throughput capacity of these facilities shall be limited in 2001 and 2002 to 50 percent of the capacity requested by the applicants and in 2003, 2004, 2005, and 2006 to 70 percent of the capacity requested by the applicants. For 2001 and 2002 the annual operating throughput capacity of the transfer stations shall be limited to no more than the following: SKB Environmental Transfer Station- 31,200 TPY, WMI Dakota Resource Transfer Facility Transfer Station-49,500 TPY, WMI Maple Grove Transfer Station- 3,600 TPY,BFI Recyclery Transfer Station-46,800 TPY and BFI Eden Prairie Transfer Station-49,500 TPY. For 2003, 2004, 2005, and 2006 the annual operating throughput capacity of the transfer stations shall be limited to no more than the following: SKB Environmental Transfer Station-43,600 TPY, WMI Dakota Resource Transfer Facility Transfer Station- 69,300 TPY, WMI Maple Grove Transfer Station- 5,400 TPY,BFI Recyclery Transfer Station-65,520 TPY and BFI Eden Prairie Transfer Station-69,300 TPY. 2) By no later than March 1,2002 the applicants shall have obtained all necessary local government permits and approvals;by September 1,2002 the transfer facilities shall be constructed; and by no later than November 1,2002 the transfer facilities shall be operating at or above 25 percent of their requested capacity based on a monthly average. 3) Failure to meet any of the aforementioned deadlines may result in revocation of the state permit. Dated:9 4 ,2001 Sherry A. n , ctor 7 MSW Generation -Transfer Station Useage l 1 Generation increase% = 2.6% 1 of 9-s-01 1z 00 : Note:both SCORE data&MPGA perm+tied facility Report data are used ( 1 Scenario-- 361,200 tpy((5 TS Pine Bend LF Closes 04 Year 2000 Year 2001 Year 2002 Year 2083 Year 2004 Year 2005 Year 2006 Year 20071 Year 2008_1 Year 2009 Year 2010 `Metropolitan ,% to Generation ' 3,416,000 3,508,000 3,599,000 3,693,000 3,789,000 3,888,000 3,989,000 4,093,000 4,199,000 i 4,308 000 4 420,000 Rerefng (inc%pIvbl�snrnrat not rec).i) 1 454,000 1 1,492,000 1,531,000 1 571 000 1,612,000 1,654,000 1,697 000 1,741,000 1,781 00 6 0 1 1,832,000 1 880 00 . 1. 1 N• Waste Available to Go To LF & RR Facilities 1 Totals 1,962,000 2,016 000 2068 000. °,''2;122,000 2177 000 2,234 000 2;292000. >2352000 2,413,000 2,476,000 2,540,000 fstMSW Transferred I 810,000 1 Direct Haul -assumed to be constant 1 1,152,000 1,152,000 1,152,000 1,152,000 1,152,000 1,152,000 1,152,000 1,152,000 1 1_,152 000 I 1,152,000 1 152,000 1New Resource Recovery C y,apacItDirect Haul 142,000 - 142,030 _142,000 _142,000 -142,000 �--142000 ..._ ._142000_ 142000 ! j .......... BFI Pine Bend Landfill CLOSURE In Yr 2004 &Transfer to New LF 280,000 280,800 280,000 . 280,000..1 _ 280,000 .- 280,000..., 280,000 Will Burnsville Landfill Closure Transfer to New Landfill _ _ _ _ .T 200,000 _200,000 1 200,000 ; 200000 200,000 .. _. -r - I 4 �._ ... -_.._._ i.. 1 -- IMSWAvailableforTransfer 864,000 916,000 828,000 1,163,000 1,220,000 1,478,000 1,538,000i 1,599000_, 1,662000 1726,000 ' 4Est.Transfer St. a.Design Overcapacity Need 1-_1,080,000 - 1,14$,000' 1,035,000 Ti 1,525,000 1,848,000 1,923,000'j1 1,999,000 2,078,000 i 2158,000. Existing Permitted TS Capacity i 1,249,000 -1,2491300 1,249,000 1,249,000 -1,249,000 1,249 000 1,249,000 _1,24s 000 1,249,000 1,249,000 1 ;(Excess Capacity) or Needed TS Capacity �.(169,000) (104,000) V14,000) :205,000 ,.:276;000 '599,000 , 674,000 750,000 829,000 909,000 1 _ Proposed New TS Capacity + r 361,000 361,000 W 361,000_361,000- 361,000_ 361,000 361,000 i 361,000 361,000 ; 361,000 j Y al 70%12w2,700 I _ i __ .__. _........__._._,r,.._ ..�. -._....-_.._..-_..., ,.�.__.-.......,__.._._ 61_..__-_-50%1 180,500 _- I 1 OVERCAPACITY-IF 50'�ir';new TS Ca 663 5.6% 73°I�ar E '1 � $3% 17 ld �3'�fio - =11% : -1 d°Jo -17% . 50% a6 Quo ( _ _ _- _.•--- -.... - - - - ..._.. ' ...-. . 1 OVERCAPACITY--IF 70%new TS Cap.__........._.. 74% 64% 81% 29% 23% 2 2% % -6% ...- -10°fo __.._..-13% 70% 3d1,000 I j Overcapacity at 100% _ 86% 76°!0 94°,4 t . o A: 32% 9°ju 5%' 1% ______- _._...__.-.-. i ' i 100% 361 000 1 ---___ __- � __ _ _ . _ _ a ENVIRONMENTAL ASSIS Fax:651-215-0246 Dec " '01 9:55 P.01 • STATE OF MINNESOTA OFFICE OF ENVIRONMENTAL ASSISTANCE In the Matter of the MICA,Permit Applications AMENDED for MSW Capacity for the SEE Environmental FINDINGS OF FACT, Transfer Station„WNII Dakota Resource CONCLUSIONS OF LAW, . Transfer Facility Transfer Station,WMI Maple - AND ORDER Grove Transfer Station,BFI Recyclery Transfer Station and BPI Eden Prairie # L _ Transfer&M ian. a w • AMENDED FINDINGS OF FACT 1, On September 6, 2001 the Director of the Office of Environmental Assistance (OEA) issued Findings of Fact, Conclusions of Law, and Order (Order) determining, under Minn. Stet, § 473.823, subd. 3 (2000), that issuance of solid wastes permits by the . Minnesota Pollution Control Agency (MPCA) for the SKB Environmental Transfer Station, the WMI Dakota Resource Transfer.Facility Transfer Station,the WMI Maple Grove Transfer Station, the BFI Recycleay Transfer Station, and the BFI_Eden Prairie Transfer Station were consistent with the Metropolitan Solid Waste Policy Plan (Policy Plan). 2. The Order approved 50'percent of the requested annual operating throughput capacity for each of the transfer stations for 2001 and 2002 andi0 percent of the requested capacity . for 2003,2004,2005 and 2006. • 3. In a letter dated October 18,2001 to the Director of OEA and the MPCA,Mr.Paul Rosland, District Manager with Browning Ferris,Inc. (BBFI), and Mr. Richard O'Gara,President of SKB Environmental (SKB), stated that BFI and SKB were working together at the SKB • Environmental Transfer Station. The letter further stated that BR would withdraw its - permit application for the BFI Recyalesy Transfer Station if 50 percent of the approved. throughput capacity for this facility were reallocated to the BR Eden Prairie Transfer Station And 50 perccut*o the$KB Envimnranntal Traoa€er Station, • 4. In a letter dated October 16,2001 to the MPCA.Mr.William P. Keegan,Environmental Engineer with SKB, wrote to clarify that its MPCA permit application had rerquested capacity for the SKB Environmental Transfer Station of 299,E cubic*yards per year (99,999 TPY) of municipal solid waste (MSW) capacity. The Order had identtf ed the STAB Transfer Station as having proposed MSW capacity of 62,400 TPY. SKB is requesting that the OEA amend its Order to identify the requested capacity as 99,999 TPY. 5. The addition of 37,599 TPY of requested additional capacity at the SKB Environmental Transfer Station has a negligible impact on the regional analysis for transfer capacity. ENVIRONMENTAL RSSIS- Fax:651-215-0246 Dec 4 '01 9:56 P.02 • • See amended MSW Generation-Transfer Station Usage Table dated November 5,2001, • which is attached hereto and made a part hereof • 6. The reallocation of the approved capacity from the BFI Recyclery Transfer Station to the BFI Eden Prairie Transfer Station and the SK13 Environmental Transfer Station does not • impact the regional analysis for transfer capacity described in the Order. 7. Finding of Fact#4 in the Order is amended to read as follows: SKB proposes to build a transfer station on Naples Street NE in Blaine,Anoka County,that would have 99,999 TPY of MSW capacity. It is located in an isolated industrially zoned ' area This facility proposes to draw MSW from several counties, including Hennepin • County,Anoka County,Ramsey County,Washington County,and non-metro counties. The facility also proposes to accept up to 93,600 TPY of construction and demolition (C&D) waste and yard waste.The Policy Plan review of the C&D and yard waste portion of the application have been handled separately and addressed in separate findings. • 8. Finding of Fact#8 in the Order is amended to read as follows: BFI proposed to build a transfer station at 2795 117th Street East, Inver Grove Heights, Dakota County with 93,600 TPY of MSW capacity. BFI has now indicatr4 that it wishes to . withdraw its permit application for the BFI Recyclery Transfer Station if 50 percent of the approved throughput capacity for this facility were reallocated to the BFI Eden Prairie Transfer Sratipu and 50 percent to the SKB Environmental Tram'Station. 9. Finding of Fact#22 in the Order is amended to read as follows: • The proposed new transfer fatalities would add 399,000 tons of new MSW transfer capacity to the Metropolitan Area system. 10. Finding of Fact#31 in the Order is amended to read as follows: • If the full capacity(399,000 TPY) requested by the applicants were to be approved;the metropolitan system would have excess transfer capacity of 91 percent in 2001, 80 - percent in 2002,99 percent in 2003,42 percent in 2004 acid 35 percent in 2005. • • 11. Finding of Fact#32 in the Order is amended to read as follows; • If 50 percent of the requested capacity were approved, the metropolitan transfer system would have excess transfer capacity of 68 percent in 2001,58 percent in 2002,75 percent in 2003, 25 percent in 2004 and 19 percent in 2005. If 70 percent of the requested capacity were approved, the metropolitan transfer system would have excess transfer capacity of 77 percent in 2001, 67 percent in 2002, 85 percent in 2003, 31 percent in 2004,and 25 percent in 2005. • • ENVIRONMENTAL ASSIS Fax:651-215-0246 Dec " '01 9:56 P.03 12. Finding of Fact#35 in the Order is amended to read as follows: SKB staff have indicated plans to start construction of its MSW and C&D transfer station during the year 2001 construction season. BR staff have indicated that its Eden Prairie facility would be constructed in June or July of 2002 with approximately 50,000 tons of MSW throughput for the remainder of the year. WMI staff have indicated to the MPCA, OEA and the City of Inver Grove Heights that the Dakota Resource Transfer facility has low paiority because of commitments to upgrade other transfer facilities. 13. All other Findings of Fact in the Order not amended herein shall remain in full force and effect • AMENDED CONCLUSIONS OF LAW • 1. Conclusion of Law#2 in the Order is amended to read as follows: Approving all of the requested capacity for a total of 399,000 TFY of new MSW transfer station capacity to the Metropolitan Area system is not in accordance with the Policy Plan in light of the fame waste supply projections and the surplus capacity in the existing transfer facilities. 2, Conclusion a£Law#3 in the Order is amended to read as follows: SOof the requested capacity for a total of 199,500'fl'Y of new MSW Approving percent � transfer station capacity for 2001 and 2002 is consistent with the Policy Plan in light of the future waste supply projections and the'surplus capacity in the existing transfer cilities. 3. Conclusion of Law#4 in the Order is amended to read as follows: - Approving 70 percent of the requested capacity for a total of 279,300 TPY of new MSW transfer station oapacity for 2003,2004,200S,and 2006 is consistent with the Policy Plan in Tight of the future waste supply projections and the surplus capacity.ui the exisaing transfer faciiities. 4. MI other Conclusions of Law in the Order not amended herein shall remain in full force and effect. . • . • ENVIRONMENTAL ASSIS Fax:651-215-0246 Dec " '"1 9:56 P.04 • • AMENDED ORDER • Now,therefor~,pursuant to the authority vested in me by Minn. Stat. §473.823,subd. 3, the issuance of MPCA solid waste permits approved in the Order as consistent with the Policy • Plan is amended as follows: . . • 1. The throughput capacity approved in the Order for the BFI Recyclery Transfer Facility in.Inver Grove Heights is reallocated as follows: 50 percent to the SKB Environmental Transfer Station and 50 percent to the BFI Eden Prairie Transfer. Station 2. The annual operating throughput capacity of the facilities 413111 be limited in 2001 and 2002 to SO percent of the capacity requested by the applicants and in 2003, 2004,2005,and 2006 to 70 percent of the capacity requested by the applicants. a. For 2001 and 2002,the total annual operating throughput capacity of the transfer stations (including the capacity reallocated from the BFI Recyclery Transfer Facility in Inver Groove Heights to SKB Environmental Transfer Station and to BFI Eden Prairie Transfer Station) shall be limited to no more than the following: SKB Environmental Transferr. Station - 73,399 TPY; WMI Dakota Resource Transfer Facility Transfer Station 49,500 TPY; WMI Maple Grove Transfer Station- 3,600 TPY; and BFI Eden Prairie Transfer Station-72,900 TPY. . • • b. For 2003, 2004, 2005, and 2006; the total annual operating throughput capacity of the transfer stationa5 (including the capacity reallocated from 'the BFI Recyclery Transfix Facility in Inver Grove Heights to SKB Environmental Transfer Station and to BFI Eden Prairie Transfer Station) shall be limited to no more than the following: SKB Environmental Transfer Station- 99,999 TPY; '4 MI Dakota Resource Transfer Facility Transfer Station - 69,300 TPY; WMI Maple Grove Transfer Station - 5,400 TPY;and BFI Eden Prairie Transfer Station•99,000 TPY. 3. AU other provisions of the Order not-amended herein shall remain in full force • and effect. . • Dated: 2001. _...doottr . Sherry • �%a!!','i: �7 4 a4i 1rt►' Uerteration- ;ransfer Station tiseaw.i Generation increase% 2.6%, v51)1 Moro:both SCORE data t0,MCA permitted 1tted facility Anwal fiopy;t data*re use,' Scenario-- 399,000 py 05 TS PineBend LF Closes 04 • Year 2000 Year 2001 Year 2002 Year 2003 Year 2004 Year 2006 Year 2005 Year 2007 Year 2008 Year 2009 Year 2010 : Metropolitan Waste Generation 3,419,0(0 3,508,000 3,599,000 3,693,000 3,789,000 3,888,000 3,989,000 4,083,000 4,199,000 4,308,000 4,420,000 Reycling(r'nctprob/emmatrmdrecy6) 1,454,0(0 1,492,000 1,531,000 1,571,000 1,612,000 1,654,000 1,097,000 1,741,000 -1,788,000 1,832,000 1,880,000 irn • i> • r-- Waste Available to Go To LF di RR Facilities qy.. ;�.,�..:� b�� ifti�� - 73 goo ,2 J :� :�= ,..�.,i?..,.,, .r.� �, .,r r..� , _, 'T9S{"wt^,.. �• :,`.:? - - ,;.; .�'. �.'7��4!rf� .z�Y,;Y...�!=?� .:�- .. .''� 1..if�A�`Y.r�'S��i i X": ....rt ..,_.�{t x..�X. ��.;..?I�...t�>a s3E,^u.«..., .:'k...�._. x["-,..•. .^a!rr:..>_ ......._. ,. 5�::..... . (7) Est.MSW Trsnstsrred 810,040 Direct Haul-.6ssumedtobeconstant 1,152,0(0 1,152,000 1,152,000 1,152,000 1,152,000 1,152,000 1,152,000 1,152,000 1,152,000 1,152,000 1,162,000 -1 W New Resource Recovery Capacity Direct Haul 142,000 142,000 142,000 142,000 142,000 142,000. 142,000 142,000 x CSI N • • BFI Pine Bond Landfill CLOSURE in Yr 2004&Transfer to New LF 280,000 280,000 280,000 280,000 280,000 280,000 280,000 f WMI Burnsville Landfill Closure Transfer to New Landfill 200,000 200,000 200,000 200,000 200,000 0 ry o MSW Available for Transfer 854,000 916,000 828,000 1,163,000 1,220,000 1,478,000 1,538,000 1,599,000 1,652,000 1,726,000 Erst,TransferSta.Design Overcapacity Need 1,080,000 1,146;000 1,035,000 1,464,000 1,626,000 1,848,000 1,923,000 1,999,000 2,078,000 2,159,000 Existing Permitted TS Capacity 1,249,000 1,249,000 1,240,000 1,249,000 1,240,000 "1,7,49,000 1,249,000 1,249,000 1,249,000 1,249,000 a (E*691 C�p1 f.AiRA did S. 4.0.0 , fgAt ti . .410: =MME: 144, , Vgat Mai= _: .`i.� !},...:.,r........ 0....,,.A..NO. .. ..._..i,.> R Proposed NewTS Capacity 399,000 399,000' 399,000 399,000- 399,000 " 399,000 399,000 399,000 399,000 399,000 . 1''' (4) 70% 279,3{}0 (4) 50% 199,509 - .. -- s `� �.,..,�s u�.,a. Kitt ^ram�x��,� �o t�,,7. .r . 1 •� 5` , { � ,, Jam '�t,,,.0 ti` ^` 'g i d' -'"t ', r 7.�� ��ta'::�,+� S�^''j' � x'`�,{ :� '11 _ 4°� 0 f !.'Aft? �°9.��1' ',. i;>,,.< %,.,Fpi.,41 .�t 4A1114.i.'r°c.. r k,.0 '`°i°`'; ;d:=t'}-: TI yy.,,��{� �t [J � xz:... t.r^ 50%399,000 • OVERCAPACITY--IF 70%anew TS Cape 77% . 67% 85% 31% 25% . 3% -1°/a -4% -$% -11% `c) 70%S09,000 . �y���q y, �y j�q""+ -`r' 'a�.nF. 'rG g,.at 1NrA.s VYTiE.�k3 1;g"J '�?6 # ' r,n.. . ORDER • Now, therefore,pursuant to the authority vested in me by Minn. Stat. § 473.823, subd. 3, the issuance of MPCA solid waste permits for the SKB Environmental Transfer Station, WMI Dakota Resource Transfer Facility, WMI Maple Grove Transfer Station,the BFI Recyclery Transfer Station, and BFI Eden Prairie Transfer Station are approved as consistent with the Metropolitan Solid Waste Policy Plan, with the following conditions: 1) The annual operating throughput capacity of these facilities shall be limited in 2001 and 2002 to 50 percent of the capacity requested by the applicants and in 2003, 2004, 2005, and 2006 to 70 percent of the capacity requested by the applicants. For 2001 and 2002 the annual operating throughput capacity of the transfer stations shall be limited to no more than the following: SKB Environmental Transfer Station-31,200 TPY, WMI Dakota Resource Transfer Facility Transfer Station-49,500 TPY, WMI Maple Grove Transfer Station- 3,600 TPY,BFI Recyclery Transfer Station-46,800 TPY and BFI Eden Prairie Transfer Station-49,500 TPY. For 2003, 2004, 2005, and 2006 the annual operating throughput capacity of the transfer stations shall be limited to no more than the following: SKB Environmental Transfer Station-43,600 TPY, WMI Dakota Resource Transfer Facility Transfer Station-69,300 TPY, WMI Maple Grove Transfer Station- 5,400 TPY, BFI Recyclery Transfer Station- 65,520 TPY and BFI Eden Prairie Transfer Station- 69,300 TPY. 2) By no later than March 1,2002 the applicants shall have obtained all necessary local government permits and approvals; by September 1,2002 the transfer facilities shall be constructed; and by no later than November 1, 2002 the transfer facilities shall be operating at or above 25 percent of their requested capacity based on a monthly average. 3) Failure to meet any of the aforementioned deadlines may result in revocation of the state permit. Dated: 4 , 2001 Sherry A. n ctor itil . 1 t., • : 'S' ''''' '' .'1 ')''\''C-1''&':'-i'''''''''''. ''''''''\'''' ''. 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" -1.L..1,,,,,, -.::-, -•• !:. , . _ . . . 0 1 mile buffer ,.1000 0 1000 2000 Feet .....................m • Figure 1 ' tes,Inc. 1800 Pioneer Creek Center BFI - FLYING CLOUD TRANSFER STATION USGS Site Location Map iiWenck JUNE 2001 , EnWvieroncknmA SI°clental Engineersa Maple Plan,MN 5535 29 THIRD SUPPLEMENT TO DEILOPERS AGREEMENT REPUBLIC COMPRESSED NATURAL GAS THIS SUPPLEMENT TO AGREEMENT,made and entered into as of June 50by Woodlake Sanitary Services,hc,a Minnesota corporation, hereinafter referred to as Developer,'its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as City;' WHEREAS,Developer has applied to City for Planned hit Development Concept Review on 4acres, Planned hit Development Distri ct Review on 4acres, &ring District Amendment within the IZning District on acres, Site Plan Review on acres,legally described on Ehibit A(he Property" )Lot )Block )Flying Cloud Addition. WHEREAS,BFIWaste Systems of North America,Tic. and City entered into that certain the Development Agreement between the BFIWaste Systems of North America,Tic, a Delaware corporation and the City of Eden Prairie for BFITransfer station dated December $ft hereinafter the Development Agreement)that certain Supplement to Developer§ Agreement between BFIWaste Systems of North America,Tic, a Delaware and the City of Eden Prairie dated June 7 fifiled the ah day June, Gas document number thereinafter the Supplement)and that certain Second Supplement to Developer§Agreement entered into by and between the City of Eden Prairie, a municipal corporation, Woodlake Sanitary Services, hc, a Minnesota corporation,and BFIWaste Systems of North America,LLC,a Delaware limited liability company, formerly known as BFIWaste Systems of North America, hc.a Delaware corporation hereinafter the Second Supplement)all collec tively referred to as the Amended Development Agreement. WHEREAS, the parties desire to amend the Amended Development Agreement for that portion of the Property to be platted as Lot JB1 ock JFlying Cloud Addition which is depicted on Ehibit A-]attached hereto and made a part hereof and which area is hereinafter referred to as the Amended Areal,' NOW,THEREFORE,in consideration of the City adopting Resolution No.for Planned lilt Development Concept Revi ew, fainance No. _for Planned hit Development District Review and&ring District Amendment within the i2ffning District on tcres, Resolution No. for Site Plan Re view, Developer agrees to construct, develop and maintain the Amended Area as follows: 1 PLANS: Developer shall develop the Atka of the Property in conformance with the materials revised and dated December previewed and approved by the City Council on February 7(Dand attach ed hereto as Ekibit B(he Plans)§.ub.Ot to such changes and modifications as provided herein. 2 ENIBIT C: Developer agrees to the terms,covenants,agreements and conditions set forth in Ekibit C. 3 PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations.Developer further agrees that th e facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be excuted as of the day and year aforesaid. CITY OF EDEN PRAIRIE By_ Nancy Tyra-Lukens, Is Mayor By_ Rick Getschow, Is City Manager STATE OF MINNESOTA ) )s COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of jftby Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public DEE'LOPER WOODLAKE SANITARY SERICES, INC. By Is By_ is STATE OF MINNESOTA ) )s COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of Eby and the and _respectively of WOODLAKE SANITARY SERICES, INC. , a Minnesota Corporation on behalf of the company Notary Public TiS INSTPMENT WAS DRAFTED BY: City of Eden Prairie (Mitchell Road Eden Prairie,MN 5 r ENIBIT A DE1 LOPMENT AGREEMENT—REPUBLIC COMPRESSED NATURAL GAS LEGAL DESCRIPTION: Those parts of the following described properties: That part of the Southeast Qtrter of the S outhwest garter of Section 7Township GRange 2 hnepin County, Minnesota,which lies southerly of the southeasterly right of way line of II}}hway No.S And That part of the Northeast tarter of the Southwest garter of said Section 2vhich lies southerly of said southeasterly right of way line of ET.IIhway S And That part of the Northwest tarter of the Southeast tarter of said Section 2ying south of the north fief said Southeast tarter which lies westerly of a line described as beginning at a point on the south line of said Northwest garter of the Southeast Carter distant feet east of the southwest corner of said Northwest tarter of the Southeast Carter;thence northerly to a point on the north line of the Northeast tarter of said Section 2listant feet east of the northwest corner of said Northeast tarter of Section hand said line there terminating. And The Southwest tarter of the Southeast tarter of said Section 2 Lying easterly and southerly of a line described as commencing at the Southwest corner of said Southwest tarter of Section thence northerly, along the west line of said Southwest tarter of Section 7a distance of]eet;thence northeasterly deflecting to the right degrees 0 minutes (seconds a distance of ffeet;thence northeasterly a distance of feet along a tangential curve concave to the northwest having a radius of leet;thence southeasterly;radial to said curve, a distan ce of ffeet;thence northeasterly a distance of feet, along a curve concentric with said curve;thence southeasterly, radial to said curve, a distance of Oeet;thence easterly deflecting to the left degrees @nnutes (seconds a distance of feet to a point hereinafter referred to as Point thence southerly deflecting to the right Qlegrees (Minutes (seconds a distance of feet to a point hereinafter referred to as Point hence westerly deflecting to the right Qlegrees (Minutes 0 seconds to the west line of said Southeast(rter of the Southwest tarter of Section being the point of beginning of the line to be described;thence Returning, along the last described course, to said Point hence northerly to said Point Nhence northwesterly deflecting to the left degrees drninutes (seconds a distance of gmore or less, to said southeasterly right of way line of 1zT.I hway No.Rhence northeasterly, along said southeasterly right of way line of E..i}hway Nola distance of feet to a line hereinafter described as Line A;lhence southeasterly, along said tine A;'to a line hereinafter described as tine B;lhence northeasterly, easterly, southeasterly, along said tine B;'to the south line of said north fff the South east garter of Section Ind aid line there terminating. tine A'ls described as commencing at a point on the south line of the Northwest tarter of the Southeast tarter of said Section 2listant feet east of the southwest corner of said Northwest Carter of the Southeast tarter of Section thence northerly a distance of 9 feet, more or less, along a line which, if elended, would intersect the north line of the Northeast tarter of said Section It a point Feet east of the northwest corner of said Northeast garter of Section 2to said centerline of ST.i}hway Number s laid out and traveled;thence South 4legrees (Minutes (seconds West, assumed bearing, along said centerline of ET. Ihway No.+';s laid out and traveled, a distance of Feet to the point of beginning said tine A;lhence South Sdegrees 4ninutes (seconds East a distance of feet; thence South(degrees minutes (seconds East a distance of Othence South $ degrees 4ninutes (seconds East a distance of fleet;thence North degrees 9 minutes (seconds East a distance of ffeet;thence easterly to the point of commencement and said tine A'there terminating. tine B'is described as commencing at the southeast corner of said Southeast tarter of the Southwest tarter of Section thence South degrees [Minutes seconds West, assumed bearing, along the south line of said Southeastrter of the Southwest garter, a distance of feet to the point of beginning of tine B" to be described;thence North ilegrees 9 minutes seconds West a distance of Feet to the hereinafter described tine C;lhence North 2 degrees 5ninutes %econds East, along said tine C;'a distance of fleet to an angle point in said tine C;lhence North °rees 4ninutes Seconds West, along said tine C;'a distance of fleet;thence North°rees 4ninutes geconds West a distance of fleet;thence North degrees flninutes Seconds East a distance of ffeet;thence North degrees aninutes &seconds East a di stance of fleet to the point of beginning of said tine B;lhence North degrees minutes Seconds East a distance of fleet; thence North degrees minutes seconds East a distance of ffeet;thence South 4 degrees 9ninutes seconds East a distance of f eet;thence North degrees [Minutes leconds East a distance of feet;thence North Qlegrees [Minutes Seconds West a distance of fleet to the south line of said north IA the Southeast tarter of Section of Section hand said Line B'there terminating. tine C'is described as commencing at said southeast corner of the Southeast Carter of the Southwest tarter of Section thence South degrees 9ninutes Seconds West, along said south line of the Southeast tarter of the Southwest tarter, a distance of fleet; thence North (degrees [Minutes seconds West a distance of feet to the point of beginning of tine C'to be described;thence North degrees 5ninute %econds East a distance of f eet;thence North °rees @Minutes Seconds West a distance of feet and said sine C'there terminating. And That part of Section 7Township ORange 2West of the 5 th Principal Meridian described as follows: Commencing at A point in the East line of the West S f the North 1ef the Southeast (irter distance feet South from the Northeast co rner of said West E f the North ',of the Southeast Qarter;thence South to the Southeast co rner of said West R f the North 16f the Southeast ttrter;thence West to a point on the South line of said West fff the North 16f the Southeast(titer feet East of the Southwest corner of said West R f the North 1/2 of the Southeast(trter;thence Northerly to an intersection with a line parallel with and feet South from the North line of the Southeast Ctrter along a line which if eended would intersect the North line of the Northeast(titer distance feet East from the Northwest corner thereof;thence East to the point of beginning. And The East Three-(trters f dbf the South idf 6 3bf the Northeast(trter NE ibf the Southeast ttrter E 4f Section 7Township North, Range 2West, according to the bited States Government Survey thereof. And The Southeast Ctrter of the Southeast Qirter of Section 7Township dRange 2 And That part of Government Lot JSection 4 Township GRange 2Hinepin County,Minnesota, lying northeasterly of a line drawn from a point on the north line of said Government Lot idistance Feet westerly of the northeast corner of said Government Lot to a point on the east line of said Government Lot j distant feet southerly of said northeast ENIBIT AI DEVLOPMENT AGREEMENT-REPUBLIC COMPRESSED NATURAL GAS //�l ZONING SKETCH 6V / Zo rNC X /KOI'I' 400 PROPOSED LAND TO BE REZONED FROM' RURAL TO 1-2 (INDUSTRIAL PARK) SCALE IN FEET /��' 7-7 ZONING' �APPROgMAIE—PER NPP) Lot I,Black I,FLYING CLOUD ADDITION, / ' arts according to the re corded plat thereof. Hennepin County,Lllnnesoko,except those parts of said Lot 7 pr Ir Coady removed from / the Rural Dis:rlc- re ludetl In the I-2 Pork District. / Note: The plot of EL TM'CLOUD ADDITION f ` ` has not been filed as of June 8.2011 3'.' ` ��- r ZONING 4"" pENOTES LAND i0 DE REi0NE6 FROM Q✓ �'�=1 `� 1 I,RAL TO I—Y(INDUSTRIAL PARK) tree t•. — +p' ' ' AREA: 540,000%sq.ft.or I2.4F a �,7 4y G • i I hereby certify that this sketch,plan,or report was��! �1 prepared by me or under my direct supervOlon and :%� t that I urno duly Licensed Land Surveyor under the 1 lees of the State of Minnesota. RURAL -R pRDIN- f Doted this 9th day of June,2011 Ra Zd .... .4*....10°4-J t • SUNDE LAND SURVEYING LLG- \ •` By._ _ P. ark S.Hanson,P L5 Mln n.Llc Ne. 15480 ,../.., .—Irelli/ .--"'i RURAL ?CLUNG O V Y Cf.' ```�v� / li RURAL ZONING Main Office:JJSU11L� me„ae:. �^ wsF ! I .I.su.IP xtlsoeR sn7]e10.t0'✓14(73 r.110.t]1.A»mlw.aGlJmrl.w:ON ENIBIT B DEE'LOPMENT AGREEMENT—REPUBLIC COMPRESSED NATURAL GAS Sheet CS-Cover Sheet dated GreenbergFarrow Sheet C- vi1 Site Plan i''y GreenbergFarrow Sheet C-Cerall Civil Site Plan flby GreenbergFarrow Sheet C-Trading Plan dated fiby GreenbergFarrow ENIBIT C DEFLOPMENT AGREEMENT—REPUBLIC COMPRESSED NATURAL GAS I Prior to release of any building permit, De veloper shall submit to the City Engineer for approval two copies of a development plan( ScalOhowing eiiting 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, 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. I Developer shall submit detailed construction a nd storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. I Developer shall pay cash park fees as to all of the Property milked by City Code in effect as of the date of the issuance of each building permit for construction on the Property. Id f Developer fails to proceed in accordance with this Agreement within twenty-four months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the CityS reconsideration and rescission of any Rezoning, Site Plan review andbr 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 Agreemen t shall be binding upon and enforceable against the Property and the Bners, their successors and assigns of the Property. IV 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 Ekibit A hereto to identify the legal description of the Property after platting thereof IV Developer represents that it has marketable fee title to the Property, elept: With respect to any interest in all portions of the Property which Developer is regired, pursuant to this Agreement, to dedicate or convey to the City(he 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 a pproval,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 ITC.§ fIet.segor Minn.St at, Sec.E Det. seccuch substances, wastes,pollutants, a nd contaminants hereafter referred to as Aardous 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 Itkardous 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 epense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties andbr resulting from or due to th e release or threatened release of l ardous 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. V Developer acknowledges that Developer is familiar with the reqirements of Chapter j &ring,and Chapter 7Subdivision 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 reqirements of all applicable City Code reqirements and City tlinances. K Prior to release of the final plat,Developer shall pay to City fees for the first three dears' street lighting on the public streets adjicent to the Property(ncluding installation costs, if any, as determined by electrical power provider)engineering review, and street signs. X Developer shall submit detailed water mai n, 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. K Developer acknowledges that the rights of C ity performance of obligations of Developer contemplated in this agreement are special, uniqe, and of an etraordinary 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 adeqate 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 eglusive and each shall be cumulative and shall be in addition to every other remedy.The election of anyone or more re medies shall not constitute a waiver of any other remedy. K 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, !Data Park, Minnetonka, Minnesota 4 K Prior to building permit issuance,all fees asso ciated with the building permit shall be paid to the hspections Department,including;Building pe rmit fee,plan check fee, State surcharge, metro system access charge SAC)City SA C and City water access charge WAC)and park dedication.Contact Metropolitan Waste C ontrol to determine the number of SAC units. X Prior to building permit issuance, elept as otherwise authorized in the approved Plans, eiiting structures, wells and septic systems (f present)shall be properly abandoned or removed as regired by City ordinance and all permits obtained through the hspections Department. X Prior to building permit issuance,provide two c opies of an approved survey or site plan 4 =cale)showing proposed building locati on and all proposed streets, with approved street names, lot arrangements and property lines. X The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all regire ments listed in this Ekibit C have been satisfactorily addressed by Developer. X No failure of the City to comply with any term, condition, covenant or agreement herein shall sub.Oct the City to liability for any clai m for damages, costs or other financial or pecuniary charges.No eilcution on any claim, demand,cause of action or jxdgment shall be levied upon or collected from the general credit, general fund or taing powers of the City. X 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 2by 6nch sign or decal reading ScenicConservation Easement Boundary,City of Eden Prairie;'will be affilld to the top of the post. K Within slays of the approval of the Devel opment Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles.The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. X The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developers obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(iereinafter referred to as the Security)is regired if the Developer defaults with respect to any term or condition in this Agreement for which Security is regired and fails to cure such defaultO)within ten 0 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 plays, 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 fousiness days notice to the De veloper,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the retlired term.f the obligations for which Security is regired are not completed at least thirty slays prior to the epiration of the Security and if the Security has not then been renewed,replaced or otherwise etended beyond the epiration date, the City may also draw down or make a claim against the Security as appropriate. f the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default()and to reimburse the City for all costs and epenses, including attorneys'fee, incurred by the City in enforcing this Agreement. X The Developer hereby grants the City, it§ ag ents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjxnction with this Agreement. K 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. CITY COUNCIL AGENDA DATE: SECTION: fthinances and Resolutions June 52 DEPARTMENTDIISION: ITEM DESCRIPTION: IC#2558 ITEM NO.: fl. Leslie Stovring Approve Second Reading of an Public WorksEnvironmental fthinance Adding C ity Code Section 5 RQ-1h Move to: Approve Second Reading of an fthinance Adding City Code Section 5Relating to 'licit Discharge Detection and En forcement and adopt Resolution approving Summary Olinance for publication. Sp Ii ththe Minnesota Pollution Control Agency (VI PCA)stated that the 'licit Discharge and Detection Enforcement PDE)provisions regir ed in our Phase INPDES stormwater permit were not met by our eisting city code. The MPCA retiested that the city provide an illicit discharge detection and enforcement ordinance that specifically references non-stormwater discharges to the city§ stormwater system or risk being seen as not in compliance with our permit. This ordinance was based on a model ordinance provided by the MPCA. Bull The first reading for the filinance was on May 5 D No changes were made to the draft ordinance. Ahi • Attachment 1-Resolution • Attachment 2filinance Summary • Attachment 3- fthinance - City Code Section 5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROING THE SU MMARY OF ORDINANCE NO. 2012 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Glinance No.-Rivas adopted a nd ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the fh day of June D NOW THEREFORE, BE IT RESOLED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Glinance No.-2s leng thy andbr contains charts. B. The tek of the summary of 0 dinance No. =2 attached hereto, conforms to MS.§k2 Subd.0 a nd is approved, and publication of the title and summary of the finance will clea rly inform the public of the intent and effect of the fdlinance. 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 elinance 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 tekof the filinance sh all be posted in the City offices. E. filinance No.-Rihall be recorded in the Uinance Book, along with proof of publication, within twenty days after said publication. ADOPTED by the City Council on June 5i Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 13-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.75 RELATING TO STORMWATER ILLICIT DISCHARGE AND CONNECTIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.5 VHICH AMONG OTHER THINGS CONTAIN PENALTY PROISIONS. The following is only a summary of elinance No.IThe full tekis available for public inspection by any person during regular office hours at the Bice of the City Clerk. The ilinance adds City Code Section 5which establishes guidelines for discharge, detection and testing for illicit discharges of water runoff to the city§ stormwater system.This Glinance incorporates, by reference, City Code Chapter land City Code Section 9 which contain provisions relating to penalties. EFFECTIV DATE. This filinance shall take effect on JD ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News onji CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 132012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.75 RELATING TO STORMWATER ILLICIT DISCHARGE AND CONNECTIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.9VHICH AMONG OTHER THINGS CONTAIN PENALTY PROISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: 511. City Code Chapter 5s amended by adding Section to read as follows: SECTION 5.75—STORMWATER ILLICIT DISCHARGE AND CONNECTIONS Sill. DID aPp . The purpose of this section is to set forth minimum retlirements for stormwater management that will di minish threats to public health, safety, public and private property, and natural resources of the community by establishing standards that protect the city§ lakes, ponds, wetlands, and streams from pollutants carried in urban runoff. This ordinance establishes methods for controlling the introduction of pollutants into the Municipal Separate Storm Sewer System MS)lin order to comply with the regirements of the National Pollutant Discharge Elimination System l4PDES)permit process. S@2. Did For the purposes of this Section, the following terms, phrases, and words shall have the meanings stated below. A. Ilicit discharge'.' Any di rect or indirect non-stormwater discharge to the storm sewer system etlept as eummpted in Subd.4A this ordinance. B. Ilicit connection'.'Any drain or conveyan ce, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any non-stormwater discharge such as sewage, process wastewater, and wash water, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency. C. Municipal Separate Storm Sewer System VI S*A stormwater conveyance or unified stormwater conveyance system(ncluding withou t limitation roads with drainage systems, municipal streets, catch basins, stormwater detention facilities, curbs, gutters, ditches, natural or man-made channels or storm drains that are located within the corporate limits of Eden Prairie, MN and are owned or operated by the City, State, County or other public body. D. MPCA'.'The Minnesota Pollution Control Agency. E. NPDES"The National Pollutant Discharg e Elimination System NPDES)permit program which controls water pollution by regulating sources that discharge pollutants into waters of the failed States. F. Pollutant"Any man-made or man-induced alteration of the chemical, physical, biological, thermal andbr radiological integr ity of the water which has the potential to harm human life, aqatic life,terrestrial plant life andbr wildlife. G. Stormwater:'Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation. H Stormwater System'.' A St ormwater System includes any stormwater facility, drainage work or improvement that is designed to transport, convey or control the flow of stormwater or that improves or controls the water qality of stormwater. This shall include but is not limited to, outfalls, inlets, outlets, conduits, pipes, curbs, municipal streets, catch basins, gutters, ditches, pumping stations, manholes, structures, channels, retention or detention basins, infiltration areas, filtration systems and other structural components and eqipment that are used for managing storm drainage or surface water. Stormwater Systems include both Public and Private Systems. i. Public Stormwater Systems are thos e Stormwater Systems that are under the control andbr ownership of the city , county, state or federal government. Public Stormwater Systems includes all Waters of the State located within the City that are used for managing the surface water system. ii. Private Stormwater Systems are thos e Stormwater Systems that are not under the control or ownership of the city, county, state and&federal government. I Surface water or waters'.'All streams, lake s, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, or irrigation systems, whether natural or artificial, public or private. J. Wastewater'.'Any water or other liqid wast e, other than uncontaminated stormwater, that has been used, such as for washing, flushing, or in a manufacturing process, and so contains waste products, discharged from a facility and collected in a sewer system and conveyed to a sewage treatment plant for processing. S113. Sit . All water entering the stormwater system will be protected from illegal disposaldumping and illicit discharges and connections. A. Regal disposaldumping. No person shall throw, drain or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into a Stormwater System any pollutants or waters containing any pollutants other than stormwater. B. 'licit discharges and connections. 1 No person shall cause any illicit discharge to enter a Stormwater System. 2 No person shall use any illicit connection to intentionally convey non-stormwater to a Stormwater System. 3 The construction, use, maintenance or continued eistence of illicit connections to a Stormwater System is prohibited.This proh ibition includes, without limitation;illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. St14 Ern The following activities shall be eampt from Subd.3 A. Discharge of non-stormwater discharge that is authorized by an NPDES permit, Notice of htent, waiver, or wastewater discharge order issued to the discharger and administered under the authority of the U S.Environmental Protection Agency 1✓PA)or MPCA, B. Firefighting activities or other activities n ecessary to protect public health and safety, C. Dye testing, but such testing regires written notification to the City Engineering Department prior to the time of the test, D. Water line flushing or flushing of other potable water sources, E. Landscape irrigation or lawn watering, F. Residential car washing, G. Diverted stream flows that have a Permit from the Minnesota Department of Natural Resources QNR)or MPCA, H hbontaminated ground water infiltration, I Foundation or footing drains that discharge uncontaminated groundwater, J. Crawl space pumps, K. Air conditioning condensation, L. Noncommercial washing of vehicles, M. Natural wetland flows, N. Dechlorinated swimming pool water, 0 Street wash water discharged that is nece ssary for health or safety purposes and not in violation of any other provisions of city code, P. Flows from riparian ha bitats and wetlands, and Q Any other water source not containing a pollutant. Sll5. GJI$Pn Any owner or occupant of property within the City shall comply with the following good housekeeping reqirements. A. No person shall leave, deposit, discharge, dump or otherwise introduce pollutants in an area where discharge to streets or the storm drain system occurs. B. For pools greater than Pgallons in size, water shall sit a minimum of seven 'days without the addition of chlorine to allow for chlorine to evaporate before discharge. C. Any facility subct to a MPCA General Stor mwater Permit for lidustrial or Construction Activity shall comply with all provisions of such permit including the creation of a Stormwater Pollution Prevention Plan SWPPP) The Proof of Coverage from the MPCA of the Stormwater Permit must be submitted to the City before any discharge occurs under the permit. Proof of compliance with said permit sh all be provided in a form acceptable to the city upon the City§reqest. D. As soon as any person responsible for a fac ility or operation has information of any known or suspected release of materials that are resulting or may result in illegal discharges or pollutants discharging into a Stormwater System, said person shall take steps to ensure the discovery, containment, and cleanup of such release. h the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.Li the event of a release of non-hazardous materials, said person shall notify the City in person or by phone or facsimile no later than the nekbusiness day. Sll6. PHWiPh . Every person owni ng property through which Public Waters pass, as defined in Minn. Stat. WO Subd. or such person§ lessee, shall keep and maintain that part of the public waters within the property free of trash, debris, esessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the public waters.Ii addition, the owner or lessee shall maintain eesting privately owned structures within or aditcent to public waters, so that such structures will not become a hazard to the use, function, or physical integrity of the public waters. S117. IfoMUFk A. The city shall be permitted to enter and in spect all Stormwater Systems as necessary to determine compliance with this ordinance. f security measures are in force which reqire proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements to allow access to representatives of the City. B. Facility operators shall allow the city ready access to all parts of its Stormwater System for the purposes of inspection, sampling, testing, examination and copying of records that must be kept under the conditions of a NPDES Permit to discharge stormwater. C. The city shall have the right to set up at any Stormwater System devices necessary in the opinion of the City to conduct monitoring, sampling and& dye testing of the facility§ stormwater discharge. D. The city has the right to regire the discharg er to install monitoring egipment as the City deems necessary. The facility§ sampling and monitoring egipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own epense.All devices used to measure storm water flow and gality shall be calibrated to ensure their accuracy. E. f the city has been refused reasonable access to any Stormwater System and the City is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect andbr sample to ve rify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jxrisdiction. SUS kWh I shall be unlawful to violate any provision or fail to comply with any of the regireme nts of this ordinance. A. The city may, without prior notice, suspend Stormwater System access to any buildingAite when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm sewer system or surface waters. B. li the event the violation cons titutes an immediate danger to public health or safety, the City is authorized to enter upon the subj'ct property without gi ving prior notice to take any and all measures necessary to abate the violation andbr rest ore the property. C. Failure to comply with a suspension order i ssued in an emergency will result in any process deemed necessary to prevent or minimize damage to the storm sewer system or surface waters, or to minimize danger to persons. Sll9 IiilaPhNit h addition to the enforcement processes and penalties provided, any condition caused or permitted to eist in violation of any of the provisions of this ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator§ epense, andbr a civil action to abate, enpin, or otherwise compel the cessation of such nuisance may be taken. SU10. Ct&hi M' . Within &lays after ab atement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 7 days.I the amount due is not pa id within a timely manner as determined by the decision of the municipal authority or by the epiration of the time in which to file an appeal, the City may assess the charges against the property. Any person viola ting any of the provisions of this article shall become liable to the city by reason of such violation. Sllll. RilEh The remedies listed in this ordinance are not eglusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. The City may recover all attorney§ fees court costs and other epenses associated with enfor cement of this ordinance, including sampling and monitoring epenses. S1112. C 0 . This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law.The regirements of this ordinance are in addition to the retlirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. S1113. Sh f any provision of this ordinance is found to be invalid for any reason by a court of competent jxrisdiction, the validity of the remaining provisions shall not be affected. SO 14 UI . The standards set forth herein and promulgated pursuant to this ordinance are minimum standards;therefore this ordinance does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. Sb2 . City Code Chapter lentitled General Provisions and Definitions Applicable to the Entire City Code licluding Penalty for flat ion"and Section 9 entitled Illation a Misdemeanor"are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SS . This ordinance shall become effective from and after its passage and publication. FRST READ at a regular meeting of the City Council of the City of Eden Prairie on the _day of Z 0 and fina lly read and adopted and ordered published at a regular meeting of the City Council of said City on the day of JD Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of JD CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 52 DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO. : KJ. OMfinan Resources Direct Staff to not Waive the Monetary Wayne Estenson, Manager of Limits on Tort Liability Established by Support Services Minnesota Statutes 0 Rif h Move to: Direct staff to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 6 Sp The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Iisurance Trust. Each City Council must formally decide whether to waive or not to waive the statutory tort liability limits to the eent of the coverage purchased.Staff recommends that the City choose not to waive. Ah Waiver Form SECTION I:LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than$500,000. on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to$1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to$1,500,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to$1,500,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. L. ' '7 cc- £f accepts liability coverage limits of$ t t'" '-'° from the League of Minnesota Cities Insurance Trust(LMCIT). Check one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 52 DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO: (Tice of City Manager Adopt City§ Capital Asset Policy Sue Kotchevar, Finance Manager Rtth Move to: Approve the City§ Capital Asset Policy. Sp The City§ Capital Asset policy was revised to increase the dollar threshold from $Jto $ This revision brings the policy in line with our Capital Inprovement Plan policy. Ahi Policy CITY OF EDEN PRAIRIE, MINNESOTA COWP!iPd The City of Eden Prairie has the responsibility of establishing and maintaining a capital asset system that will provide management with accurate data for the physical and dollar value control of assets for both financial and insurance purposes.The City also has the responsibility of valuing the cost of capital assets in conformance with Generally Accepted Accounting Principles GAAP) I. PO The City of Eden Prairie will recognize all items with a per unit value of$br more and a useful life of over one year as a capital asset. The only eeption will be Autos, which will be recognized and recorded as capital assets regardless of per unit value. Easements with a value of !Jr more and a usef ul life of over one year will be recognized as a capital asset.They will be considered intangible assets.The City§intangible assets are included in the Land category and are not amortized. f there are easement costs associated with a construction process and the easement costs are less than Che easement costs will be included in the construction asset as a whole. Easements picked up during the construction process will be included with and amortized as part of the asset as a whole. Computers and software do not meet the criteria of a capital asset and therefore the City will not recognize as a capital asset. The City of Eden Prairie uses the straight line method of depreciation. The City has elected to use the modified approach for its infrastructure assets and therefore does not depreciate these assets. r the asset was purchased before the S th, a full month of depreciation will be taken;otherwise the asset will not be depreciated until the following month. II. Olt The intent of this policy is to: 1 Define and develop a capital asset system that is easily understood and maintained. 2 Assign responsibility for the custody of specifi c capital assets to Directors andbr other individuals. 3 Define assets to be included in the capital asset system. 4 Define valuations of capital assets in a manner that complies with GAAP. 5 Define procedures for recording additions, de letions and transfers of capital assets in the capital assets system. 6 Define assets to be counted on a periodic basis. 7 Develop procedures that will aid in the va luation and recording of capital assets for insurance purposes. 8 Assist in the budget preparation, analysis and approval. III. Dfi A capital asset is described as follows: 1 hE significant value ever IP 2 kt an epected useful life of more than one year 3 Tangible in nature IV w When establishing the value of the capital asset, one of the following valuations must be used: AiC6 The purchase price plus any additional charges incurred to place the asset in a position or location ready to serve the City. Additional charges consist of freight charges, site preparation costs, insurance on egipment while in transit, installation costs, legal fees and professional fees. EiE6 f actual costs are not available, th e City should use estimated costs in valuing the capital asset. This should only pertai n to an asset purchased in prior years that was not given a value for the capital asset system. Eii�'i�Cd Od for donated assets)The estimated amount at which a willing buyer would pay a willing seller,with both parties having knowledge of all relevant facts pertaining to the asset. An eisting capital asset may incur additional costs during its useful life. The costs to be added to the value of the capital asset are: Ad Costs that can be associated with an eisting asset and will provide future benefits(e.building addition)These additions are considered a capital asset and should be added to the value of the asset. Bin Costs that improve or eend the life a ndbr potential of an eisting asset(e. automobile engine replacement)These bettermen is are considered a capital asset and should be added to the value of the asset. Additional costs may be incurred to certain capital assets that should not be included in the value of the asset, such as: R'v1hRepairs and maintenance are considered ordinary maintenance and do not increase the value andbr life of th e asset. These repairs and maintenance are considered an ependiture and are not added to the value of the asset. V Pd A Pii I is the Director§responsibility to assign at least one contact person to be in charge of their capital assets. This will be the person the Finance department will contact when any capital asset gestions or procedures arise. CpnWhenever a capital asset is purchased,re tired,transferred,or traded-in,it will be the Contact Person§responsibility to fill out the appropriate form and submit it to Finance.Also, the Contact Person will be responsible for resolving with Finance any problems that may occur during the year. C 'idg Based on the schedule attached, the Contact Person for each Department will be responsible for conducting a physical inventory at year-end.A listing of capital assets will be given to the Contact Person.I will be their responsibility to check the accuracy of this listing by verifying the capital asset listing to the actual assets in their department. Any discrepancies or actual assets not recorded should be noted on the capital asset listing. hie the inventory is completed, the forms should be submitted back to Finance. sIIcW 1' Ye • Autos • Machinery &qipment • flier Assets 2d Ya • Land • Land fnprovements • fnprovement Contracts fifrastructure) • Leasehold fnprovements • Building UlLv Buildings -years Land improvements rears Leasehold improvements !tp•- ears Eqipment Shears Autos wears tier assets -rears Distribution system wears fitangibles 3years CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 54) DEPARTMENTDIISION: ITEM DESCRIPTION: E.$, ITEM NO.: Ta'. Mary Krause Approve Change filer No.for the Debbie Public Works/Engineering Lane and Ellie Lane Draintile Proct Rth Move to: Approve Change filer No.for the Debbie Lane and Ellie Lane Draintile Procct. Sp Change filer No.]results in a increase in the total contract amount. The Change filer is the result of revisions that were needed in the field for the clean-outs for the draintile system. BUfr► Construction of the Debbie Lane and Ellie Lane Draintile Proct was substantially completed in Oober of Mlle change order is a result of a minor field revision that was rettired this spring to the clean-outs for the draintile system. Hilin Change filer No.]results in a increase in the total contract amount. With this change order the contract amount is increased to $ Ain Change filer No.1 CHANGE ORDER#1 I.C. 06-5671 Date: May 22, 2012 To: City of Eden Prairie City Project Number: I.C. 06- Contractor: Klein Underground,LLC Engineer: City of Eden Prairie Nature of Changes: Dig out and cut off 9 clean out caps. Replace cast iron caps with plastic, add stainless steel eye bolts for locating purposes. Adjustment to Contract Prices: Remove and replace clean out caps 9 @$65/Each $ 585.00 Summary of Contract Changes: Contract Amount prior to Change Order#1 $ 83,202.50 Net Increase resulting from Change Order#1 $ 585.00 Current Contract Amount including Change Order#1: $ 83,787.50 THE ABOVE CHANGES ARE APPROVED: City of Eden Prairie By: Date: City Manager By: Date: Mayor THE ABOVE CHANGES ARE ACCEPTED: Klein Underground,LLC By: Date: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 52 DEPARTMENTDIISION: ITEM DESCRIPTION: I.C. 11579 ITEM NO.: M. Mary Krause Award Contract to Northwest Asphalt, Public Works/Engineering hc.for Mitchell Road Street Inprovement Proct RINK Move to: Award Contract for the Mitchell Road Street Inprovement Proct to Northwest Asphalt, hc.in the amount of$ Sp Bids were received on Thursday, May 411for the Mitchell Road Street Improvement Proct. Eight bids were received and are to bulated as indicated on the attached Summary of Bids and Bid Tabulation. Bull This procct consists of improvi ng Mitchell Road from CSAlNo. pioneer Trail)to about feet north of CSAINo.4pring Road) The proposed improvements include upgrading the ei ting rural section to an urba n section with concrete curb and gutter, storm sewer, trail and utility improvements. The construction plans al so include approximately Meet of watermain relocationlowering beyond the southe rn end of the Mitchell Road Inprovements. The low bid is iy i wer than the Engineer§ Estimate.The pro c t is anticipated to start in late June and be substantially complete by the end of August. P jCOn The street improvement portion of the proct will be financed through a combination of cost participation of the adjicent tw o property owners trace Chur ch and the Metropolitan Airport Commission§ Flying Cloud Ai rport)Fhnepin County jirisdictiona 1 transfer funds and City of Eden Prairie Municipal State Aid funds. The watermain relocation work will be financed by the Water Capital Fund. Ain • Resolution • II1P(Recommendation of Award • Summary of Bids • Bid Tabulation CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION ACCEPTING BID FOR MITCHELL ROAD STREET,TRAIL AND UTILITY IMPROYMENT PROJECT I.C. 11572 WHEREAS,pursuant to an advertisement for bids for the following improvement: CAMitchell Road Street , Trail and tiaity Inprovement Proct bids were received, opened and tabulated according to law. Those bids received are shown on the attached Consultant Recommendation Letter;and WHEREAS,the City Engineer recommends award of Contract to Northwest Asphalt,tic. as the lowest responsible bidder. NOW, THEREFORE,BE IT RESOLED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Northwest Asphalt, tic. in th e name of the City of Eden Prairie, in the amount of Ili in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June ,5l Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk io p 1 I Engineering Surveying Landscape Architecture May 25, 2012 Ms. Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Bids for Mitchell Road Street Improvements Project No. 11-5792 Dear Ms.Krause, Bids were received and opened at 10:00 a.m. on Thursday May 24, 2012, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was $650,390. The low bidder, Northwest Asphalt, Inc., came in 18% below the Engineer's Estimate with a bid of$531,544.33. Recommendation is made that the City Council awards Project No. 11- 5792 to Northwest Asphalt, Inc. in the amount of $531,544.33. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. Aaron Carrell, P.E. 7510 Market Place Drive Enclosure Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. SUMMARY OF BIDS City of Eden Prairie Project No. 11-5792 DESCRIPTION: Mitchell Road Street Improvements BID OPENED: March 24, 2012 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc. CHECKED BY: Hansen Thorp Pellinen Olson, Inc. Bidder Bid Security Total Bid Northwest Asphalt, Inc. Yes $531,544.33 Chard Tiling&Excavating, Inc. Yes $546.687.49 Ryan Contracting Company Yes $571,131.45 Minnesota Dirt Works, Inc. Yes $586,750.50 Midwest Asphalt Corporation Yes $658,421.00 C.S. McCrossan Construction, Inc. Yes $707,326.00 Geislinger& Sons, Inc. Yes $716,318.70 Northdale Construction Co., Inc. Yes $740,067.57 Bid Tabulation 5/24/2012 Mitchell Road Street Improvements City of Eden Prairie Chard Tiling&Excavating, Midwest Asphalt Engineer's Estimate Northwest Asphalt,Inc. Inc. Ryan Contracting Company Minnesota Dirt Works,Inc. Corporation ITEM UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 2021.501 Mobilization 1 Lump Sum $20,000.00 $20,000.00 $22,600.00 $22,600.00 $20,720.00 $20,720.00 $30,000.00 $30,000.00 $29,250.00 $29,250.00 $34,000.00 $34,000.00 2101.502 Clearing 4 Tree $200.00 $800.00 $208.00 $832.00 $200.00 $800.00 $300.00 $1,200.00 $300.00 $1,200.00 $160.00 $640.00 2101.507 Grubbing 4 Tree $200.00 $800.00 $52.00 $208.00 $50.00 $200.00 $100.00 $400.00 $100.00 $400.00 $50.00 $200.00 2104.501 Remove Pipe Culvert 140 Lin Ft $5.00 $700.00 $8.00 $1,120.00 $7.60 $1,064.00 $10.00 $1,400.00 $7.20 $1,008.00 $8.00 $1,120.00 2104.501 Remove Curb and Gutter 450 Lin Ft $4.00 $1,800.00 $5.00 $2,250.00 $3.37 $1,516.50 $4.00 $1,800.00 $1.30 $585.00 $4.00 $1,800.00 2104.501 Remove Watermain 300 Lin Ft $15.00 $4,500.00 $10.00 $3,000.00 $9.12 $2,736.00 $10.00 $3,000.00 $7.20 $2,160.00 $5.00 $1,500.00 2104.505 Remove Bituminous Pavement 7550 Sq Yd $4.50 $33,975.00 $1.25 $9,437.50 $1.83 $13,816.50 $2.50 $18,875.00 $1.50 $11,325.00 $2.00 $15,100.00 2104.509 Remove Hydrant 2 Each $800.00 $1,600.00 $500.00 $1,000.00 $250.00 $500.00 $800.00 $1,600.00 $350.00 $700.00 $850.00 $1,700.00 2104.509 Remove Catch Basin 1 Each $500.00 $500.00 $400.00 $400.00 $368.00 $368.00 $400.00 $400.00 $250.00 $250.00 $430.00 $430.00 2104.509 Remove Pipe Apron 2 Each $50.00 $100.00 $150.00 $300.00 $150.00 $300.00 $400.00 $800.00 $90.00 $180.00 $215.00 $430.00 2104.513 Sawing Bituminous Pavement 475 Lin Ft $3.00 $1,425.00 $3.00 $1,425.00 $2.00 $950.00 $4.00 $1,900.00 $2.60 $1,235.00 $3.00 $1,425.00 2104.523 Salvage Sign 5 Each $200.00 $1,000.00 $15.60 $78.00 $15.00 $75.00 $200.00 $1,000.00 $31.00 $155.00 $30.00 $150.00 2104.607 Salvage Topsoil 800 Cu Yd $2.00 $1,600.00 $0.01 $8.00 $5.00 $4,000.00 $8.00 $6,400.00 $7.50 $6,000.00 $5.00 $4,000.00 2105.501 Common Excavation(P) 4810 Cu Yd $4.00 $19,240.00 $16.65 $80,086.50 $7.00 $33,670.00 $8.00 $38,480.00 $10.00 $48,100.00 $17.00 $81,770.00 2105.507 Subgrade Excavation 2880 Cu Yd $7.00 $20,160.00 $8.30 $23,904.00 $7.00 $20,160.00 $8.00 $23,040.00 $5.60 $16,128.00 $15.00 $43,200.00 2105.522 Select Granular Borrow(LV) 2900 Cu Yd $15.00 $43,500.00 $0.01 $29.00 $6.50 $18,850.00 $5.00 $14,500.00 $11.85 $34,365.00 $17.00 $49,300.00 2105.525 Topsoil Borrow(LV) 400 Cu Yd $15.00 $6,000.00 $16.00 $6,400.00 $15.00 $6,000.00 $15.00 $6,000.00 $15.40 $6,160.00 $21.00 $8,400.00 2211.501 Aggregate Base Class 5(10"Road) 6290 Ton $18.00 $113,220.00 $12.00 $75,480.00 $13.92 $87,556.80 $12.00 $75,480.00 $14.50 $91,205.00 $14.00 $88,060.00 2232.501 Mill Bituminous Surface(1.5") 340 Sq Yd $20.00 $6,800.00 $7.00 $2,380.00 $10.00 $3,400.00 $12.00 $4,080.00 $5.00 , $1,700.00 $2.00 $680.00 2357.502 Bituminous Material for Tack Coat 430 Gal $4.00 $1,720.00 $3.10 $1,333.00 $3.50 $1,505.00 $3.00 $1,290.00 $3.30 $1,419.00 $2.00 $860.00 2360.501 Type SP Wearing Course Mix(B) 2165 Ton $72.00 $155,880.00 $61.65 $133,472.25 $65.87 $142,608.55 $61.50 $133,147.50 $62.25 $134,771.25 $61.00 $132,065.00 2451.609 Pipe Bedding Material 795 Ton $25.00 $19,875.00 $0.01 $7.95 $22.41 $17,815.95 $0.01 $7.95 $28.00 $22,260.00 $8.00 $6,360.00 2501.602 18"RC Pipe Apron 1 Each $1,000.00 $1,000.00_ $772.00 $772.00 $150.00 $150.00 $1,500.00 $1,500.00 $950.00 $950.00 $1,000.00 $1,000.00 2502.604 2"Insulation 22 Sq Yd $45.00 $990.00 $25.00 $550.00 $16.14 $355.08 $20.00 $440.00 $0.50 $11.00 $17.00 $374.00 2503.511 8"Ductile Iron Pipe Sewer CL 52 92 Lin Ft $50.00 $4,600.00 $51.21 $4,711.32 $59.09 $5,436.28 $100.00 $9,200.00 $51.00 $4,692.00 $60.00 $5,520.00 2503.541 12"RC Pipe Sewer CL V DES 3006 56 Lin Ft $22.00 $1,232.00 $31.82 $1,781.92 $25.00 $1,400.00 $40.00 $2,240.00 $33.00 $1,848.00 $30.00 $1,680.00 2503.541 15"RC Pipe Sewer CI V DES 3006 411 Lin Ft $25.00 $10,275.00 $32.45 $13,336.95 $16.00 $6,576.00 $42.00 $17,262.00 $35.00 $14,385.00 $32.00 $13,152.00 2503.541 18"RC Pipe Sewer CL V DES 3006 99 Lin Ft $31.00 $3,069.00 $35.08 $3,472.92 $25.00 $2,475.00 $50.00 $4,950.00 $37.00 $3,663.00 $36.00 $3,564.00 2503.602 Connect to Existing Manhole(San) 1 Each $750.00 $750.00 $1,030.00 $1,030.00 $500.00 $500.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 $1,400.00 $1,400.00 2504.601 Watermain Testing 1 Lump Sum _ $600.00 $600.00 $1,000.00 $1,000.00 $500.00 $500.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 $1,300.00 $1,300.00 2504.602 12"Butterfly Valve and Box 1 Each $3,000.00 $3,000.00 $1,581.00 $1,581.00 $1,676.02 $1,676.02 $3,500.00 $3,500.00 $2,300.00 $2,300.00 $2,000.00 $2,000.00 2504.602 Connect to Existing Watermain 2 Each $1,000.00 $2,000.00 $680.00 $1,360.00 $691.68 $1,383.36 $1,500.00 $3,000.00 $550.00 $1,100.00 $1,300.00 $2,600.00 2504.602 Install Hydrant 2 Each $3,000.00 $6,000.00 $1,625.00 $3,250.00 $2,736.77 $5,473.54 $3,500.00 $7,000.00 $4,400.00 $8,800.00 $3,800.00 $7,600.00 2504.602 Adjust Valve Box 5 Each $500.00 $2,500.00 $250.00 $1,250.00 $150.00 $750.00 $500.00 $2,500.00 $250.00 $1,250.00 $175.00 $875.00 2504.602 12"x8"Wet Tap and Valve 1 Each $3,000.00 $3,000.00 $3,400.00 $3,400.00 $2,587.51 $2,587.51 $5,000.00 $5,000.00 $3,700.00 $3,700.00 $3,200.00 $3,200.00 2504.602 Repair Irrigation System 1 Each $1,500.00 $1,500.00, $500.00 $500.00 $500.00 $500.00 $2,500.00 $2,500.00 $550.00 $550.00 $600.00 $600.00 2504.603 8"Watermain Ductile lion CL 52 27 Lin Ft $50.00 $1,350.00 $72.25 $1,950.75 $59.09 $1,595.43 $55.00 $1,485.00 $53.00 $1,431.00 $50.00 $1,350.00 2504.603 12"Watermain Ductile Iron CL 52 300 Lin Ft $60.00 $18,000.00 $66.99 $20,097.00 $72.68 $21,804.00 $60.00 $18,000.00 $77.00 $23,100.00 $77.00 $23,100.00 2504.608 Watermain Fittings 630 Lbs $7.00 $4,410.00 $5.85 $3,685.50 $7.79 $4,907.70 $4.00 $2,520.00 $3.50 $2,205.00 $2.00 $1,260.00 2506.602 Construct Drainage Structure-27"CB 1 Each $1,800.00 $1,800.00, $1,000.00 $1,000.00 $1,320.19 $1,320.19 $1,500.00 $1,500.00 $1,650.00 $1,650.00 $2,100.00 $2,100.00 2506.602 Construct Manhole-48"(Sanitary) 1 Each $2,500.00 $2,500.00 $2,080.00 $2,080.00 $4,115.78 $4,115.78 $3,500.00 $3,500.00 $3,850.00 $3,850.00 $3,900.00 $3,900.00 2506.602 Construct Drainage Structure-48"CB 5 Each $2,500.00 $12,500.00 $1,910.00 $9,550.00 $2,777.67 $13,888.35 $2,000.00 $10,000.00 $2,050.00 $10,250.00 $3,100.00 $15,500.00 HTPO 09-024 5/24/2012 Chard Tiling&Excavating, Midwest Asphalt Engineer's Estimate Northwest Asphalt,Inc. Inc. Ryan Contracting Company Minnesota Dirt Works,Inc. Corporation ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 2506.602 Construct Drainage Structure-72"Sump 2 Each $5,000.00 $10,000.00 $4,200.00 $8,400.00 $6,619.00 $13,238.00 $7,500.00 $15,000.00 $5,000.00 $10,000.00 $6,800.00 $13,600.00 2506.602 Adjust Frame and Ring Casting 1 Each $500.00 $500.00 $550.00 $550.00 $250.00 $250.00 $500.00 $500.00 $200.00 $200.00 $150.00 $150.00 2506.602 Connect into Existing Storm Sewer 3 Each $700.00 $2,100.00 $700.00 $2,100.00 $350.00 $1,050.00 $800.00 $2,400.00 $450.00 $1,350.00 $500.00 $1,500.00 2506.603 Extra Depth-Manhole 48" 1.6 Lin Ft $200.00 $320.00 $90.00 $144.00 $310.31 $496.50 $200.00 $320.00 $550.00 $880.00 $100.00 $160.00 2506.603 Extra Depth-Drainage Structure 72" 3.9 Lin Ft $200.00 $780.00 $217.00 $846.30 $490.09 $1,911.35 $400.00 $1,560.00 $600.00 $2,340.00 $320.00 $1,248.00 2511.501 Riprap CLIII 20 Cu Yd $80.00 $1,600.00 $75.00 $1,500.00 $61.23 $1,224.60 $75.00 $1,500.00 $69.00 $1,380.00 $100.00 $2,000.00 2521.501 5"Concrete Walk 1365 Sq Ft $5.00 $6,825.00 $4.25 $5,801.25 $3.20 $4,368.00 $4.00 $5,460.00 $3.75 $5,118.75 $4.00 $5,460.00 2531.501 Concrete Curb and Gutter Design B612 82 Lin Ft $12.00 $984.00 $15.56 $1,275.92 $13.00 $1,066.00 $12.00 $984.00 $14.00 $1,148.00 $15.00 $1,230.00 2531.501 Concrete Curb and Gutter Design B618 3100 Lin Ft $13.00 $40,300.00 $10.46 $32,426.00 $9.65 $29,915.00 $13.00 $40,300.00 $9.10 $28,210.00 $10.00 $31,000.00 2531.501 7"Concrete Driveway Pavement 400 Sq Ft $7.00 $2,800.00 $5.75 $2,300.00 $5.15 $2,060.00 $7.00 $2,800.00 $5.00 $2,000.00 $5.50 $2,200.00 2531.618 Truncated Domes 44 Sq Ft $35.00 $1,540.00 $36.40 $1,601.60 $40.00 $1,760.00 $35.00 $1,540.00 $35.00 $1,540.00 $37.00 $1,628.00 2563.601 Permanent Traffic Signs 1 Lump Sum ~-'$2,400.00 $2,400.00 $1,534.00 $1,534.00 $1,475.00 $1,475.00 $1,300.00 $1,300.00 $1,660.00 $1,660.00 $1,300.00 $1,300.00 2563.601 Temporary Traffic Control 1 Lump Sum $8,000.00 $8,000.00 $4,056.00 $4,056.00 $3,900.00 $3,900.00 $5,000.00 $5,000.00 $6,350.00 $6,350.00 $4,300.00 $4,300.00 2571.502 Deciduous Tree 2.5"Cal B&B 4 Each $400.00 $1,600.00 $350.00 $1,400.00 $750.00 $3,000.00 $500.00 $2,000.00 $500.00 $2,000.00 $800.00 $3,200.00 2573.502 Silt Fence,Type Heavy Duty 1700 Lin Ft $2.00 $3,400.00 $1.87 $3,179.00 $1.55 $2,635.00 $2.00 $3,400.00 $1.80 $3,060.00 $2.00 $3,400.00 2573.530 Storm Drain Inlet Protection 12 Each $150.00 $1,800.00 $120.00 $1,440.00 $136.00 $1,632.00 $100.00 $1,200.00 $150.00 $1,800.00 $100.00 $1,200.00 2573.540 Filter Log Type Straw Bioroll 90 Lin Ft $4.00 $360.00 $2.55 $229.50 $3.00 $270.00 $4.00 $360.00 $2.45 $220.50 $3.00 $270.00 2573.602 Temporary Rock Construction Entrance 1 Each $1,000.00 $1,000.00 $1,000.00 $1,000.00 $729.50 $729.50 $400.00 $400.00 $800.00 $800.00 $750.00 $750.00 2575.501 Seeding 0.8 Acre $4,000.00 $3,200.00 $835.00 $668.00 $1,575.00 $1,260.00 $1,500.00 $1,200.00 $802.50 $642.00 $850.00 $680.00 2575.505 Sodding Type Lawn 3400 Sq Yd $4.00 $13,600.00 $3.42 $11,628.00 $3.10 $10,540.00 $3.00 $10,200.00 $3.29 $11,186.00 $3.50 $11,900.00 2575.523 Erosion Control Blankets Category 3 3900 Sq Yd $1.50 $5,850.00 $1.00 $3,900.00 $1.10 $4,290.00 $1.50 $5,850.00 $0.96 $3,744.00 $1.00 $3,900.00 2575.532 Fertilizer Type 1 160 Pound $1.00 $160.00 $0.52 $83.20 $2.50 $400.00 $1.00 $160.00 $0.50 $80.00 $0.50 $80.00 2582.601 Pavement Markings 1 Lump Sum $5,000.00 $5,000.00 $3,371.00 $3,371.00 $3,210.00 $3,210.00 $3,300.00 $3,300.00 $1,750.00 $1,750.00 $2,000.00 $2,000.00 $650,390.00 $531,544.33 $546,687.49 $571,131.45 $586,750.50 $658,421.00 Bid Tabulation 5/24/2012 Mitchell Road Street Improvements City of Eden Prairie C.S.McCrossan Construction, Northdale Construction Co., Inc. Geislinger&Sons,Inc. Inc. ITEM UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 2021.501 Mobilization 1 Lump Sum $35,500.00 $35,500.00 $32,500.00 $32,500.00 $27,360.00 $27,360.00 2101.502 Clearing 4 Tree $150.00 $600.00 $250.00 $1,000.00 $280.00 $1,120.00 2101.507 Grubbing 4 Tree $50.00 $200.00 $100.00 $400.00 $112.00 $448.00 2104.501 Remove Pipe Culvert 140 Lin Ft $14.00 $1,960.00 $10.00 $1,400.00 $10.00 $1,400.00 2104.501 Remove Curb and Gutter 450 Lin Ft $4.10 $1,845.00 $4.00 $1,800.00 $4.00 $1,800.00 2104.501 Remove Watermain 300 Lin Ft $11.50 $3,450.00 $3.00 $900.00 $10.00 $3,000.00 2104.505 Remove Bituminous Pavement 7550 Sq Yd $2.10 $15,855.00 $2.30 $17,365.00 $4.00 $30,200.00 2104.509 Remove Hydrant 2 Each $1,250.00 $2,500.00 $400.00 $800.00 $1,000.00 $2,000.00 2104.509 Remove Catch Basin 1 Each $345.00 $345.00 $250.00 $250.00 $500.00 $500.00 2104.509 Remove Pipe Apron 2 Each $200.00 $400.00 $250.00 $500.00 $250.00 $500.00 2104.513 Sawing Bituminous Pavement 475 Lin Ft $4.00 $1,900.00 $3.00 $1,425.00 $5.00 $2,375.00 2104.523 Salvage Sign 5 Each $15.00 $75.00 $25.00 $125.00 $16.80 $84.00 2104.607 Salvage Topsoil 800 Cu Yd $7.20 $5,760.00 $5.00 $4,000.00 $15.00 $12,000.00 2105.501 Common Excavation(P) 4810 Cu Yd $19.00 $91,390.00 $14.00 $67,340.00 $18.01 $86,628.10_ 2105.507 Subgrade Excavation 2880 Cu Yd $13.50 $38,880.00 $11.50 $33,120.00 $18.01 $51,868.80 2105.522 Select Granular Borrow(LV) 2900 Cu Yd $16.50 $47,850.00 $14.00 $40,600.00 $19.98 $57,942.00 2105.525 Topsoil Borrow(LV) 400 Cu Yd $22.00 $8,800.00 $18.00 $7,200.00 $35.00 $14,000.00 2211.501 Aggregate Base Class 5(10"Road) 6290 Ton $16.00 $100,640.00 $18.00 $113,220.00 $13.60 $85,544.00 2232.501 Mill Bituminous Surface(1.5") 340 Sq Yd $6.60 $2,244.00 $7.00 $2,380.00 $7.84 $2,665.60 2357.502 Bituminous Material for Tack Coat 430 Gal $5.30 $2,279.00 $3.00 $1,290.00 $3.36 $1,444.80 2360.501 Type SP Wearing Course Mix(B) 2165 Ton $64.00 $138,560.00 $65.00 $140,725.00 $68.32 $147,912.80 2451.609 Pipe Bedding Material 795 Ton $22.50 $17,887.50 $0.01 $7.95 $0.01 $7.95 2501.602 18"RC Pipe Apron 1 Each $680.00 $680.00 $1,150.00 $1,150.00 $816.53 $816.53 2502.604 2"Insulation 22 Sq Yd $12.00 $264.00 $30.00 $660.00 $31.23 $687.06 2503.511 8"Ductile Iron Pipe Sewer CL 52 92 Lin Ft $69.00 $6,348.00 $115.00 $10,580.00 $64.75 $5,957.00 2503.541 12"RC Pipe Sewer CL V DES 3006 56 Lin Ft $44.50 $2,492.00 $71.00 $3,976.00 $38.26 $2,142.56 2503.541 15"RC Pipe Sewer Cl V DES 3006 411 Lin Ft $39.50 $16,234.50 $73.00 $30,003.00 $39.55 $16,255.05 2503.541 18"RC Pipe Sewer CL V DES 3006 99 Lin Ft $48.50 $4,801.50 $77.00 $7,623.00 $42.13 $4,170.87 2503.602 Connect to Existing Manhole(San) 1 Each $980.00 $980.00 $2,600.00 $2,600.00 $1,625.00 $1,625.00 2504.601 Watermain Testing 1 Lump Sum $1,680.00 $1,680.00 $3,500.00 $3,500.00 $1,625.00 $1,625.00 2504.602 12"Butterfly Valve and Box 1 Each $1,670.00 _ $1,670.00 $1,750.00 $1,750.00 $2,047.50 $2,047.50 2504.602 Connect to Existing Watermain 2 Each $870.00 $1,740.00 $2,000.00 $4,000.00 $2,055.00 $4,110.00 2504.602 Install Hydrant 2 Each $4,250.00 $8,500.00 $3,500.00 $7,000.00 $4,205.00 $8,410.00 2504.602 Adjust Valve Box 5 Each $435.00 $2,175.00 $250.00 $1,250.00 $300.00 $1,500.00 2504.602 12"x8"Wet Tap and Valve 1 Each $2,770.00 $2,770.00 $5,000.00 $5,000.00 $4,764.70 $4,764.70 2504.602 Repair Irrigation System 1 Each $1,140.00 $1,140.00 $500.00 $500.00 $6,500.00 $6,500.00 2504.603 8"Watermain Ductile Iron CL 52 27 Lin Ft $59.50 $1,606.50 $95.00 $2,565.00 $72.90 $1,968.30 2504.603 12"Watermain Ductile Iron CL 52 300 Lin Ft $69.50 $20,850.00 $105.00 $31,500.00 $92.14 $27,642.00 2504.608 Watermain Fittings 630 Lbs $7.80 $4,914.00 $6.00 $3,780.00 $7.83 $4,932.90 2506.602 Construct Drainage Structure-27"CB 1 Each $1,620.00 $1,620.00 $1,200.00 $1,200.00 $1,467.50 $1,467.50 2506.602 Construct Manhole-48"(Sanitary) 1 Each $3,940.00 $3,940.00 $2,500.00 $2,500.00 $1,729.80 $1,729.80 2506.602 Construct Drainage Structure-48"CB 5 Each $2,740.00 $13,700.00 $2,300.00 $11,500.00 $2,005.00 $10,025.00 HTPO 09-024 5/24/2012 C.S.McCrossan Construction, Northdale Construction Co., Inc. Geislinger&Sons,Inc. Inc. ITEM UNIT TOTAL UNIT TOTAL UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 2506.602 Construct Drainage Structure-72"Sump 2 Each $4,860.00 $9,720.00 $5,100.00 $10,200.00 $4,332.50 $8,665.00 2506.602 Adjust Frame and Ring Casting 1 Each $390.00 $390.00 $300.00 $300.00 $400.00 $400.00 2506.602 Connect into Existing Storm Sewer 3 Each $645.00 $1,935.00 $850.00 $2,550.00 $1,000.00 $3,000.00 2506.603 Extra Depth-Manhole 48" 1.6 Lin Ft $190.00 $304.00 $225.00 $360.00 $291.90 $467.04 2506.603 Extra Depth-Drainage Structure 72" 3.9 Lin Ft $300.00 $1,170.00 $335.00 $1,306.50 $492.93 $1,922.43 2511.501 Riprap CLIII 20 Cu Yd $120.00 $2,400.00 $130.00 $2,600.00 $150.01 $3,000.20 2521.501 5"Concrete Walk 1365 Sq Ft $3.80 $5,187.00 $4.95 $6,756.75 $5.20 $7,098.00 2531.501 Concrete Curb and Gutter Design B612 82 Lin Ft $15.50 $1,271.00 $11.00 $902.00 $15.68 $1,285.76 2531.501 Concrete Curb and Gutter Design B618 3100 Lin Ft $9.50 $29,450.00 $11.50 $35,650.00 $10.19 $31,589.00 2531.501 7"Concrete Driveway Pavement 400 Sq Ft $5.80 $2,320.00 $5.25 $2,100.00 $6.60 $2,640.00 2531.618 Truncated Domes 44 Sq Ft $35.00 $1,540.00 $39.00 $1,716.00 $39.20 $1,724.80 2563.601 Permanent Traffic Signs 1 Lump Sum $1,480.00 $1,480.00 $1,475.00 $1,475.00 $1,652.00 $1,652.00 2563.601 Temporary Traffic Control 1 Lump Sum $3,900.00 $3,900.00 $16,500.00 $16,500.00 $4,368.00 $4,368.00 2571.502 Deciduous Tree 2.5"Cal B&B 4 Each $420.00 $1,680.00 $750.00 $3,000.00 $392.00 $1,568.00 2573.502 Silt Fence,Type Heavy Duty 1700 Lin Ft $2.40 $4,080.00 $2.00 $3,400.00 $2.02 $3,434.00 2573.530 Storm Drain Inlet Protection 12 Each $245.00 $2,940.00 $175.00 $2,100.00 $350.09 $4,201.08 2573.540 Filter Log Type Straw Bioroll 90 Lin Ft $2.30 $207.00 $4.75 $427.50 $2.74 $246.60 2573.602 Temporary Rock Construction Entrance 1 Each $1,990.00 $1,990.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 2575.501 Seeding 0.8 Acre $1,050.00 $840.00 $1,575.00 $1,260.00 $898.80 $719.04 2575.505 Sodding Type Lawn 3400 Sq Yd $2.90 $9,860.00 $3.10 $10,540.00 $3.68 $12,512.00 2575.523 Erosion Control Blankets Category 3 3900 Sq Yd $1.10 $4,290.00 $1.10 $4,290.00 $1.08 $4,212.00 2575.532 Fertilizer Type 1 160 Pound $0.85 $136.00 $2.50 $400.00_ $0.56 $89.60 2582.601 Pavement Markings 1 Lump Sum $3,210.00 $3,210.00 $5,500.00 $5,500.00 $3,595.20 $3,595.20 $707,326.00 $716,318.70 $740,067.57 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 52 DEPARTMENTDIISION: ITEM DESCRIPTION: I.C. 11579 ITEM NO.: Id Public Works/Engineering Approve Professional Services Agreement Mary with IIIPac.for the Mitchell Road Improvement Proct Rt4h Move to: Approve Professional Services Ag reement with I$PQhc. for construction phase services for the reconstruction of Mitchell Road south of CSABeioneer Trail) Sp This Professional Services Agreement will provide engineering services related to surveying, inspection and construction administration. The es timated cost for these design services is The proct will be financed with a comb ination of Municipal State Aid funds, County funds and cost participation from adjcent property owners trace Church and MAC)through previous agreements with the City of Eden Prairie. The proct is scheduled to begin construction late June and is to be completed this fall. BUll The plan for this section of roadway is to reconstruct the eisting rural section to an urban two- lane section with turn lanes, trail etensions on both sides of the roadway, and sewer and water services to MAC property. h addition, we propose to lower a shallow trunk watermain pipe south of the southerly roadway proct limits. Abi • Professional Services Agreement • Ekibit A- Proposal Letter Rev. 3-29-12 -- - Standard-4greement#orProfe-ssional-Services This Agreement is made on the 5th day of June 20 12 , between the City of Eden Prairie, Minnesota (hereinafter"City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. a Minnesota corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN, 55344. 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 Mitchell Road Improvements Construction Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" (proposal letter dated April 11, 2012) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from June 5, 2012 through July 1, 2013 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 $45,000 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. 3-29-12 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 Laurie Johnson and Ted Anderson to serve on the Project. They shall be assisted by other staff members as 2 Rev. 3-29-12 necessary-to-facilitate-the-completion of the-Work—in-accordance-with-the-terms-established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 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. 3 Rev. 3-29-12 ------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 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 4 Rev. 3-29-12 ----- provided-by-this Agreement-and-against all-lasses-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 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 $1,500,000 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. 5 Rev. 3-29-12 c. Personal injury wit 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. 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. 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. 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. 6 Rev. 3-29-12 A--copy-of—the--Co rtificate--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 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. 7 Rev. 3-29-12 92. Dispute Resolution/Mediation Each-dispu , } o 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 r equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the .parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME MnSen lnoro CZ: An'eh O/Son, Li'& By:C�JlLrwz 57:07Ler._ Its: �esidef�fi 8 IEngineering Surveying ) Landscape Architecture April 11,2012 Ms.Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Mitchell Road Street Improvements City Project Number 11-5792 Dear Mary, As requested,the following estimate for civil engineering and surveying services are provided for your consideration. Estimate Scope of Service $43,500.00 Construction administration,staking, inspection,and record drawings. Includes up to 190 hours of inspection time. $ 1,500.00 Reimbursables $45,000.00 TOTAL Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense,and reimbursable expenses incurred(printing,courier, and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely. Hansen Thorp Pellinen Olson, Inc. 7510 Market Place Drive Laurie A. fohnson,P.E. Eden Prairie MN 55344 ?rind p.i'i 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC, CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 52 DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: V Denise Christensen Release of Agreement Regarding Special Public Works /Engineering Assessments SAA No. til Rilkh Move to: Approve the Release of Agreement Re garding Special Assessments for Lot 7Block l Bell fiks Second Addition. Sp @September Thhe City Council authorized Resolution whereas the property owners could pay a sum of o the City and recei ve a Release of Agreement Regarding Special Assessments. We have received s paym ent for the Release for Lot 7 Block 1 Bell fiks Second Addition. Bgh @May 0$the City entered into a special assessment agreement with Bell fiks Company regarding the levying of special assessments for street and utility improvements for a certain portion of Riverview Road. This work remains a pendi ng proct. Weyer, due to the prolonged time frame of the proct, the pending assessment has cr eated difficulties during sales of homes subct to the assessment agreement. To provide an alternative solution, Council adopted Resolution No. 9Yon September 7 and adopted Resolu tion No. on May $0reaffirming Resolution 91which allows a pre-payment of *towards the pending assessment in return for a Release of Agreement Regarding Special Assessments. Alit Attachment release of Agreement Regarding Special Assessments (Top 3 inches reserved for recording data) REEASE ORGREEBNT REGARDING SPECIAIASSESSMNTS DATE: May 24,2012 FOR VALUABLE CONSIDERATION,the real property in Hennepin County,Minnesota,legally described as follows: Lot 7 Block 1,Bell Oaks Second Addition Check here if all or part of the described real property is Registered(Torrens) ❑ is hereby released from the Agreement Regarding Special Assessments,dated May 30, 1989,executed between Bell Oaks Company,a Minnesota Limited Partnership and the City of Eden Prairie,filed on July 11, 1989,as Document Number 5552564,in the Office of the County Recorder of Hennepin County,Minnesota. CITYJIEDEN PRAIRIE By: Its:Mayor By: Its: City Manager STATE OI MNESOTA ) )s CONTY)I1IENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012 by , and ,the Mayor and City Manager,respectively, of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public This instrument was drafted by: City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 501 DEPARTMENTDIISION: ITEM DESCRIPTION: I.C. 11579 ITEM NO:JZ Rod Rue Approve Special Assessment Agreement with Public Works/Engineering Grace Church for the Mitchell Road Improvements R4h Move to: Approve the Special Assessment Agreement with Grace Church for the Mitchell Road Improvements. Sp The City Engineer prepared a feasibility study for street, trail, and utility improvements on Mitchell Road from CSA1114o.1 ioneer Trail) to about Feet north of CSAI o.4Spring Road)A portion of these improvements are an obligation of Grace Church as described in their Developer§ Agreement dated Oober 3 0 Based on the cost estimate included in the report, the Grace Church property is proposed to be assessed a maximum of which is indicated in the Special Assessment Agreement. BUbi This section of Mitchell Road south of CSAWT o.1?ioneer Trail)was previously CSAIlko.4 spring Road)until when it was jxrisdicti onally transferred from Fhnepin County to the City of Eden Prairie and renamed Mitchell Road. The proposed improvements include upgrading the eiiting rural section to an urban section with concrete curb and gutter, storm sewer, trail and utility improvements. At th e April 71E ity Council meeting, the Mitchell Road hiprovements were ordered and the plans a nd specifications were approved. Bids were opened on May 4 !s.nd the cons truction is anticipated to be substantially complete by August)2 Ain • Special Assessment Agreement AGREEMENT REGARDING SPECIAL ASSESSMENTS THE AN AGREEMENT MADE TSIday of May, $between the City of Eden Prairie, a municipal corporation, (lie CityYand Grace Ch urch, a Minnesota non- profit corporation(he ih)nerY A. The€ner holds legal and egitable title to property described on Ekibit A which property is the subct of this Agreement and is hereinafter referred to as the Property:' B. The finer agreed in connection with development of the Property to pay for the construction of certain improvements including concrete curb and gutter on the west side of former Spring Road, now Mitchell Road, a north- bound right turn lane on Mitchell Road at its intersection with Pioneer Trail plus If a final wear course, an eigh t-foot bituminous trail along the west side of formerly Spring Road, now Mitchell Road, along with restoration adtcent to Grace Church 411 of which are hereafter referred to as the fnprovement)' C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the In provements all of which will inure to the benefit of the Property. AGREEMENTS IC F BREB\IGREED as follows: 1 The toner consents to the levying of assessments against the Property in the amount of($ (for the Inprovements. The assessment when levied shall be payable over 9,rears. 2 The City§ assessment records for the Property will show the assessments as a Mending assessm ent'tintil levied. 3 The ©ner 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 tamer concurs that the benefit to the Property by virtue of the Improvements to be constructed emeeds the amount of the assessment to be levied against the Land. The Aner waives all rights it has by virtue of Minnesota Statute br otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5 This Agreement shall be effective immediately. 6 This Agreement may not be terminated or amended emept in writing eticuted by both parties hereto, provi ded however upon the levying of the special assessments contemplated by Paragraph thereof the City may upon reqest of the owner of the property affe cted, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7 This Agreement constitutes a lien upon the Property in the amount of *intil such time as the assessments referred to above are levied. GRACE CHURCH CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation By: By: Is:Eacutive Pastor Is:Mayor r By: Is: City Manager STATE DMNNESDA ) $s. CfsY 1'15)BNNEPN ) The foregoing instrument was acknowledged before me this day of May, ID by Nancy Tyra-Lukens, the Mayor, and Rick Getschow, the City Manager, of the City of Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE DMNNESDA ) $s. CN1'15)HNNEPN ) The foregoing instrument was acknowledged before me this day of May, Oby_ ,the Etcutiv e Pastor, of Grace Church, a Minnesota non-profit corporation on behalf of the corporation. Notary Public Etat Lot ,Block ,Grace Church 2 nd Addition, thnepin County, Minnesota. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 511) DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: K. Sue Kotchevar, Finance Amendment Nolo First Amended and Restated Project Management Agreement for the Sterling PondsPrairie Iflage Project RV' Move to:Adopt Resolution Approving Amendment N o.ao First Amended and Restated Project Management Agreement for the Sterling PondsP rairie Mage Proj;c t and Consenting to Egcution of Amendment No.3a Subordinatio n Agreement and a Release of Mortgage. Sp The final taxincrement payment to the devel oper for the Sterling PondsPrairie !silage was made in(Pursuant to the Project Mana gement Agreement elgreement)the RA has a continued eqity interest in the proj;ct. The RA desires to reli Nish its eqity interest in the pro.Oct in eghange for developers commitment to continue to be bound, for an additional five years, by some of its obligations set forth in the Agreement. This includes eending the affordable housing reqirement for the proj;ct for five more years. An analysis showed the value of the eqity interest is small and that the affordable housing brings a greater value for the City. As part of the refinancing of the proj ect by the developer, the RA is reqested to subordinate the Agreement as amended to the new mortgage and to release the RA mortgage that secured certain repayment obligations. This Resolution provides the City§ consent to the transaction. Ahi • Resolution • Amendment Nolo First Amended and Restated Project Management Agreement • Subordination Agreement • Release of Mortgage CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RELATING TO PRAIRIE ILLLAGE REDEELOPMENT PROJECT AREA NO. 2;APPROING AMENDMENT NO. 3 TO FIRST AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT RELATING THERETO AND EKCUTION OF A SUBORDINATION AGREEMENT AND RELEASE OF MORTGAGE BE If RESDED by the City Council of th e City of Eden Prairie, Minnesota, as follows: Section 1Recitals. @ The busing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota(he Authority)has previously ente red into the ProOct Management Agreement,by and between the Authority and Prairie N'lage Limited Partnership(he t eveloper)'dated November 9 he Agreement)' ID The Agreement relates to a redevelo pment pro.Oct under Minnesota Statutes, Sections to tdesignated as Prairi e!Cage Redevelopment Pro Oct Area No.2 (he Redevelopment ProOct)'The Redevelopm ent Proct consists of housing intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter Title lof the National busing Act off the National busing Act of 9the Kited States busing Act of las amende d, Title`df the busing Act of tas amended, or similar present or future federal, state or municipal legislation and the regulations promulgated thereunder, and that satisfies the income limitations of Minnesota Statutes, Section II ID The Agreement was amended and restat ed by the First Amended and Restated Pro Oct Management Agreem ent, dated @ober ,l The Agreement was further amended by the Vimendment to First Amended and Restated Pr4ct Management Agreement, dated May $9 S The Agreement was further amended by Amendment No.Ito First Amended and Restated Proct Management Agreement, dated April l 9 ID The Agreement was further amended by Amendment No.2o First Amended and Restated Procct Management Agreement, approved July $0 ID The Authority proposes to enter into Amendment No.ao First Amendment and Restated Proct Management Agreement, da ted as of June She Amendment)' S Ii the Amendment, the Authority agrees to conditionally release its egity interest in the Redevelopment Proct and the Developer agrees to maintain the affordability of the housing units in the Redevelopment Proct for five additional years. Section 2Transmittal. The Authority has transmitted the Amendment to the Council for approval. Section 3Approval of Amendment. The Council hereby approves the Amendment in substantially the form transmitted by the Authority and presented to and on file with the Council as of this date and the excution by the RA of the Subordination Agreement and the release of Mortgage and such other documents as are necessary for consummation of the transaction as are recommended by counsel to the RA and appr oved by the officers excuting the same,upon approval by the Council. Adopted by the City Council of the City of Eden Prairie, Minnesota, this th day of June, Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk AMENDMENT NCO FRST AMENDED AND RESTATED PREECT MANAGEMENT AGREEMENT BYiND BETWEEN THONG AND REDEkLPMENT ANY N AND FH TH CU 7D EDEN PRARE(AGENCY AND PRARE IZLAGE LMICED PARTNERSPIPE1?LHER) TH AMENDMENT NCBTCFRST AMENDED AND RESTATED PREECT MANAGEMENT AGREEMENT is made on or as of the day of April, !.y and between TH HNG AND REDEFLPMENT AQJH R1('YN AND FH TH C1FW EDEN PRARE (Agency)'a pub lic body corporate and politic under the laws of the State of Minnesota, and PRARE J?L, AGE LIKED PARTNERSPH peveloper)' a limited partnership under the laws of the State of Minnesota. RECICALS: WHREAS, Agency and Developer entered into that certain Pro.Ot Management Agreement by and between Agency and Developer, dated November 9$recorded in the office of the Hinepin County Recorder on November 7 Ms Document No.fl as amended and restated by that certain First Amended and Restated Proct Management Agreement by and between Agency and Developer, dated Oober j$recorded in the office of the Ninepin County Recorder on Q ober 5 s Document No.$as amended by that certain 9 Amendment to First Amended and Restated Pro.Oct Management Agreement by and between Agency and Developer, dated May nand further amended by that certain Amendment No.lto First Amende d and Restated Proct Management Agreement by and between Agency and Developer, dated April l 'recorded in the office of the Hinepin County Recorder on May 3":s Do cument No.$and further amended by that certain Amendment No.2to First Amende d and Restated Proct Management Agreement by and between Agency and Developer, approved July $ c ereinafter collectively the Agreement)ind WBREAS, the Agreement relates to pr operty legally described as follows: Lots land 2Block lPrairie!silage Apartments, Ninepin County, Minnesota;and WBREAS, Agency desires to reli ngish its Egity hterest in the ProOct, as set forth in Paragraph 5of the Agreement, in ethange fo r Developer§ commitment to continue to be bound, for an additional five years, by all of its obligations set forth in the Agreement etlept as amended herein. NW, TBREFLF, in consideration of th e foregoing and of the mutual covenants, conditions, and promises hereinafter set forth, the parties hereto agree that the Agreement shall be amended as follows: 1 Paragraphs 2nd If the Agreem ent are deleted in their entirety. 2 Paragraph 4f the Agreement is amended to read as follows: Termination by Agency for Cause. f during the term of this Agreement, Developer shall fail to comply with the terms of this Agreement, Agency may provide notice of such default or failure and, if Developer fails to cure within thirty .•ays or such greater time as allowed by Agency, then Agency may terminate this Agreement for cause upon written notice to Developer. Agency§ termination of this Agreement for cause shall reinstate, in full force and effect, Paragraph 5of the Agreement as set forth in the PAmendment to First Amended and Restated Proct Manageme nt Agreement by and between Agency and Developer, dated May 3T 3 Paragraphs 44and if the Agreem ent are deleted in their entirety. 4 Paragraph 9f the Agreement is amended to read as follows: Notices.Any notice refired by this Agreement shall be sufficient if in writing and delivered as follows: To Agency: bhsing and Redevelopment Authority in and for the City of Eden Prairie co City Clerk City of Eden Prairie Mitchell Road Eden Prairie, MN g To Developer: Prairie IV llage Limited Partnership co Kenneth R.Talle Thies &'alle Enterprises, hc. %Vest th Street, Suite 0 Chanhassen, MN 3 - 2 5 The Agreement shall terminate five years from the date the last party eecuted this Amendment No.3is evidenced by the date nekto each party§ signature. N WICNESS WHRED, the parties hereto have eecuted this Amendment as of the day and year first above written. THONG AND REDEFLE1MENT AM IN AND Fib TH CICD EDEN PRARE Dated:_ By: is: and Dated:_ By: is: STATE DMNNES(DA ) )s CNTD_) This instrument was acknowledged before me on _ 0 by _ the _ and by _ the _ of The bhsing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic of the State of Minnesota, on behalf of the public body corporate and politic. Notary Public My commission epires: FGNATPIE PAGE Fib PRARE ALA GE LMICED PARTNERSPIFDLWS] - 3 PRARE b1LAGE LMIFED PARTNERSPI By: Thies &alle Enterprises, he, a Minnesota corporation, its general partner Dated:_ By: Kenneth R.Talle, President STATE DMNNES(DA ) )ss CTD) This instrument was acknowledged before me on J by Kenneth R.Talle, the President of Thies Sa'alle Enterprises, Tic, a Minnesota corporation, the General Partner of Prairie Silage Limited Pa rtnership, a Minnesota limited partnership, on behalf of the corporation on behalf of the limited partnership. Notary Public My commission epires: DRAFTED BIND WBN RECEDED RETBIN TO Gregerson, Rosow, Johnson&flan Ltd.RFR) &Third Avenue South, Suite & Minneapolis, MN& Signature page to Amendment Nolo First Amended and Restated Proct Management Agreement] -4 +PO TiI,A') RiPii- SUBORDINATION AGREEMENT AN This SHODNATN AGREEMENT (his " AM )' dated as of Z 0 is muted by and among 0 @K GRW CMIMERCP L MEITGAGE, LLC, a Delaware limited liability company (` SuLd )' (i) TH ENG AND REDEk'PMENT AGENC F1 TH CF EDEN PRARE, a public body corporate and politic under the laws of the State of Minnesota i(` An )' and (ii) PRARE IILAGE LLLP, a Minnesota lim ited liability limited partnership (` BO, formerly known as Prairie Iflage Limited Partnership. RECITALS: A. Pursuant to that certain Multifamily Loan and Security Agreement dated as of the date hereof, eticuted by and between Borrowe r and Lender (s amended, restated, replaced, supplemented or otherwise modified from time to time, the "SR,afti )'Senior Lender has agreed to make a loan to Borrower in the original principal amount of _and ;Dollars She " Shia )'as evidenced by that certain Multifamily Note dated as of the date hereof, eticuted by Borrower and made payable to the order of Senior Lender in the amount of the Senior Loan (is amended, restated, replaced, supplemented or otherwise modified from time to time, the SiNb )' B. h addition to the Senior Loan Agreement, the Senior Loan and the Senior Note are also secured by a certain Multifamily Mortgage, Deed of Trust or Deed to Secure Debt dated as of the date hereof 4s amended, restated, re placed, supplemented or otherwise modified from time to time, the "SaSitn )'encumbering the property described in the Senior Security iistrument as the " MdPjiand legally described on attached Ehibit A" C. The Mortgaged Property is currently subct to a certain First Amended and Restated Pro ct Management Agreement date d @ober l ;.y and between Borrower and the Agency, which was recorded in the office of the County Recorder, bhnepin County, SU4 f1p Fdil6 P# Fo Ia 0141 ®011 FIIVta Minnesota on Qober 5 S as Document No. $ and amended pursuant to Amendment No.Ito First Amended and Restat ed Propct Management Agreement dated April l Swhich was recorded in the office of th e County Recorder, Ninepin County, Minnesota on May 3 9as Document No. 0 and as further amended by unrecorded 9 Amendment and Amendment Nos.2and 3to Firs t Amended and Restated Propct Management Agreement dated May $ P August Z 0 and April Z 0 respectively collectively, and as further amended, restate d, replaced, supplemented or otherwise modified from time to time, the PlV1*t Qi )' D. As a condition of making the Senior Loan, Senior Lender has reqired that certain rights of the Agency under the Propct Management Agreement be subordinated to the Senior Loan and the documents evidencing and securing the same in accordance with the terms of this Agreement. AGREEMENTS: NW, THREF1F, in order to induce Senior Lender to make the Senior Loan to Borrower, and in consideration thereof, Senior Lender, Agency and Borrower agree as follows: 1. Rh The recitals set forth above are incorporated herein by reference. 2. Di h addition to the terms defined in the Recita is to this Agreement, for purposes of this Agreement the following terms have the respective meanings set forth below: "Ai "means, when used with respect to a Person, any corporation, partnership, pint venture, limited liability company, limited liability partnership, trust or individual controlled by, under common control with, or which controls such Person (he term Control"for these purposes shall mean the ability, whether by the ownership of shares or other eqity interests, by contract or otherwise, to elect a maprity of th e directors of a corporation, to make management decisions on behalf of, or independently to select the managing partner of, a partnership, or otherwise to have the power independently to remove and then select a maprity of those individuals exrcising managerial authority over an entity, and control shall be conclusively presumed in the case of the ownership of fifty percent far more of the eqity interests) "AM "means the Person named as such in the first paragraph on page lof this Agreement, any successor or assign of Agency. `Bieans the Person named as such in the first paragraph on page 1 of this Agreement, any successor or assign of Borrower, including without limitation, a receiver, trustee or debtor- in-possession and any other Person ether than Senior Lender)who acqires title to the Mortgaged Property after the date of this Agreement. Sti1tt$y Fa% IV Fo Ia 0141 ®011 FIIV[a `B11:qimeans any day other than Saturday, Sunday or a day on which Senior Lender is not open for business. "DIM "means:()a copy of any written notice from Senior Lender to Borrower and Agency stating that a Senior Loan Default has occurred under the Senior Loan Documents;or 0)a copy of the written notice from Agency to Borrower and Senior Lender stating that a Proj;ct Management Agreement Default ha s occurred under the Proj;ct Management Agreement. Each Default Notice shall specify the default upon which such Default Notice is based. "Pa "means an individual, an estate, a trust, a corporation, a partnership, a limited liability company or any other organization or entity(whether governmental or private) "PliVI 41 'has the meaning ascribed to said term in Recital Paragraph C of this Agreement. "PisMUAODhmeans a default by Borrower in performing or observing any of the terms, covenants or conditions in the Pro.Oct Management Agreement to be performed or observed by it, which continues beyond any applicable period provided in the Proj;ct Management Agreement for curing the default. "SaLd "means the Person named as such in th e first paragraph on Page lof this Agreement, its successors and assigns and any other Person who becomes the legal holder of the Senior Loan after the date of this Agreement. "5i.EDfi 'means the occurrence of an Event of Default"as that term is defined in the Senior Loan Documents. "SBL.eDtn "means the Senior Security hstrument, the Senior Note, the Senior Loan Agreement, and all other 1 oan Documents" as that term is defined in the Senior Loan Agreement. 3. Ali 1 EhnI M# PO P 11 Mki Atli Senior Lender agrees, notwithstanding the prohibition contained in the Senior Loan Documents against certain rights granted to Agency under the Proj;ct Management Agreement with respect to the Mortgaged Property, and subject to the provisions of this Agreement, to permit the continued encumbrance of the Mortgaged Property by the Project Management Agreement. 4 B #Z1vVh Borrower and Agency each makes the following representations and warranties to Senior Lender: Stikttifil Fdh6 PO Fo Ia 0141 ®011 FIIV[a ii P4Muoi The Proct Management Agreement, as desc ribed in Recital Paragraph C above, is in full force and effect and has not been terminated, or further modified or amended in any manner. t Rit1316kgEiLd Agency is not an Affiliate of Borrower and is not in possession of any facts which would lead it to believe that Senior Lender is an Affiliate of Borrower. t SiL nIn . fabn excution and delivery of the Senior Lo an Documents, Borrower shall deliver to Agency an eacuted copy of each of the Senior Lo an Documents, certified to be true, correct and complete. 5. TIEN # A0U Senior Lender and Agency agree that Othe rights granted under the Proct Management Agreement are and shall be subordinated to the dent and in the manner provided in this Agreement, to the prior payment in full of the hdebtedness evidenced by the Senior Loan Documents, and jthe liens, terms, covenant s and conditions of the Proct Management Agreement are and shall be sub.Oct and subordinate in all respects to the liens, terms, covenants and conditions of the Senior Security hstrument and the other Senior Loan Documents and to all advances heretofore made or which may hereafter be made pursuant to the Senior Security hstrument and the other Senior Loan Docu ments Including but not limited to, all sums advanced for the purposes of Nprotecting or further securing the lien of the Senior Security hstrument, curing defaults by Borrower under th e Senior Loan Documents or for any other purpose epressly permitted by the Senior Loan Documents, or (3)constructing, renovating, repairing, furnishing, filuring or Nipping the Mortgaged Property) I) Sift Agency agrees that if, by reason of its payment of real estate tags or other monetary obligations of Borrower, or by reason of its exercise of any other right or remedy under the Pro.Oct Management Agreement, it actlires by ri ght of subrogation or otherwise a lien on the Mortgaged Property which (put for this subsection) would be senior to the lien of the Senior Security hstrument, then, in that event, such lie n shall be sub.Ot and subordinate to the lien of the Senior Security hstrument. () SIIEWPIttillk Agency agrees that all rights of Agency under the Agreement to receive payment of proceeds from the sale of the Mortgaged Property (vhich rights have been conditionally terminated pursuant to Amendment No.3to First Amended and Restated Proct Management SWi f1p Fa% PO Fo Ia 0141 ®011 FIIV[a Agreement, but which are sub.Oct to reinstatement under the conditions set forth in said Amendment) and the right to approve any proposed sale, transfer or assignment of either the Mortgaged Property or the Proct Management Agreement, including, without limitation, any rights under Sections Sand 6of the Proct Management Agreement, are hereby subct and subordinated to the Senior Loan and the terms and conditions of the Senior Loan Documents. Prior to the occurrence of a Senior Loan Default, Agency agrees that it shall not eercise any rights under Section Sor Hof the Pro.Oct Management Agreement without the prior written consent of Senior Lender, which consent may be withheld at Senior Lender§ sole discretion. Agency further agrees that in the event that Senior Lender approves any sale, transfer, or assignment of the Mortgaged Property, the Pro.Oct Management Agreement or Borrower§ interest therein, Agency shall be deemed to have consented to the same under the terms of the Proct Management Agreement. After the occu rrence of a Senior Loan Default, and upon the transfer of title to the Mortgaged Property by foreclosure or deed in lieu thereof, then the rights under Sections Sand Eof the Pro.Oct Manageme nt Agreement shall be deemed etinguished, and the owner of the Mortgaged Property after such foreclosure or deed in lieu thereof and its successors and assigns shall hold the Mortgaged Property free and clear of and not subct to the provisions of Sections Sand 6 of the Proct Management Agreement. Notwithstanding the foregoing provisions to the contrary, in the event that after completion of foreclosure proceedings with respect to the Mortgaged Property, if the Borrower successfully eercises its redemption rights and redeems the Mortgaged Property from the successful bidder at the foreclosure sale, then the provisions of Section _`and Opf the Proct Management Agreement shall remain in full force and effect. $1 LkEW i Borrower agrees that it will not make any payments under or pursuant to Section Sof the Proct Management Agreement without Senior Le nder§ prior written consent. Agency agrees not to accept payments from Borrower on account of Section Sof the Pro.Oct Management Agreement without Senior Lenders without Senior Lender§prior written consent. # R 1U W dI d f, notwithstanding the retlirements of S ection 6) above, Agency receives any payments pursuant to Section SDf the Proct Ma nagement Agreement, Agency agrees that such payment or other distribution will be received and held in trust for Senior Lender and unless Senior Lender otherwise notifies Agency in writing, will be promptly remitted, in kind to Senior Lender, properly endorsed to Senior Lender, to be applied to the principal of, interest on and other amounts due under the Senior Loan Documents in accordance with the provisions of the Senior Loan Documents. By eecuting this Agreement, Borrower specifically authorizes Agency to endorse and remit any such payments to Senior Lender, and specifically waives any and all rights to have such payments returned to Borrower or credited against the Borrowers obligations under the Procct Management Agreement. Borrower and Senior Lender acknowledge and agree that payments received by Agency, and remitted to Senior Lender under this Section 5 shall not be applied or othe rwise credited against the Proct Management Agreement, nor shall the tender of such payment to Senior Lender waive any Pro.Oct SWOP Fa% IV Fo Ia 0141 ®011 FIIV[a Management Agreement Default which may arise from the inability of Agency to retain such payment or apply such payment to the Proct Management Agreement. f NiffitPa Agency agrees to notify (elephonically or via email, followed by written notice)Senior Lender of Agency§ receipt from any Person othe r than Borrower of a payment with respect to Borrowers obligations under the Proct Management Agreement, promptly after Agency obtains knowledge of such payment. t AthIttC din Agency agrees that during the term of this Agreement it will not commence, or pin with any other creditor in commencing any bankruptcy, reorganization, arrangement, insolvency or ligidation proceedings against or with respect to Borrower, without Senior Lenders prior written consent. 6. DIUd31V11410-1 ft Nt6PliVIOttlithCak Agency shall deliver to Senior Lender a Default Notice within five 3 usiness Days in each case where Agency has given a Default Notice to Borrower. Failure of Agency to send a Default Notice to Senior Lender shall not prevent the earcise of Agency§ rights and remedies under the Proct Management Agreement, sub.Oct to the provisions of this Agreement. Senior Lender shall have the right, but not the obligation, to cure any Proct Management Agreement Default within sit i Plays following the date of such notice;provided, however that Agency shall be entitled, during such sib Play period, to continue to pursue its rights and remedies under the Propct Management Agreement. A 11 amounts paid by Senior Lender in accordance with the Senior Loan Documents to cure a Proct Management Agreement Default shall be deemed to have been advanced by Senior Lender pursuant to, and shall be secured by, the Senior Loan Agreement and the lien of, the Senior Security listrument. t Cd k Borrower and Agency agree that a Pro.Oct Management Agreement Default shall constitute a Senior Loan Default under the Senior Loan Documents and Senior Lender shall have the right to egrcise all rights or remedies unde r the Senior Loan Documents in the same manner as in the case of any other Senior Loan Default. f Agency notifies Senior Lender in writing that any Proct Management Agreement Default of which Senior Lender has received a Default Notice has been cured or waived, as determined by Agency in its sole discretion, then provided that Senior Lender has not conducted a sale of the Mortgaged Property pursuant to its rights under the Senior Loan Documents, any Senior Loan Default under the Senior Loan Documents arising solely from such Proct Management Agreement Default shall be deemed cured, and the Senior Loan shall be reinstated, provided, however, that Senior Lender shall not be regired to Sti1tt$y Fa% PW Fo Ia 0141 ®011 FIIV[a return or otherwise credit for the benefit of Borrower any default rate interest or other default related charges or payments received by Senior Lender during such Senior Loan Default. 7. DRAMLd n It NliSi.dAlCd Senior Lender shall deliver to Agency a Default Notice within five 1':usiness Days in each case where Senior Lender has given a Default Notice to Borrower. Failure of Senior Lender to send a Default Notice to Agency shall not prevent the eucise of Senior Lender§ rights and remedies under the Senior Loan Documents, subct to the provisions of this Section q)nor shall such failure constitute a default by Senior Lender under this Agreement. Agency shall have the right, but not the obligation, to cure any such Senior Loan Default within sity days following the date of such Default Notice or the date on which Agency otherwise acqires actual knowledge of Senior Loan Defau lt;provided, however, that Senior Lender shall be entitled during such sity ftlay period to c ontinue to pursue its remedies under the Senior Loan Documents. Agency may have up to ninety days from the date of the Default Notice to cure a non-monetary default if during such ninety play period Agency keeps current all payments reqired by the Senior Loan Documents. Ii the event that such a non-monetary default creates an unacceptable level of risk relative to the Mortgaged Property, or Senior Lender§ secured position relative to the Mortgage d Property, as determined by Senior Lender in its sole discretion, then Senior Lender may ear cise during such ninety @day period all available rights and remedies to protect and preserve the Mortgaged Property and the rents, revenues and other proceeds from the Mortgaged Property. t Cd k Agency agrees that, notwithstanding any contrary provision contained in the Proct Management Agreement, a Senior Loan Default shall not constitute a default under the Proct Management Agreement if no other default occurred under the Proct Management Agreement until either gSenior Lender has accelerated the maturity of the Senior Loan, or §Senior Lender has taken affirmative action to errcise its rights under the Senior Loan Documents to collect rent, to appoint Or seek the appointment of)a receiver or to foreclose on Or to earcise a power of sale contained in)the Senior Loan Documents. At any time after a Senior Loan Default is determined to constitute a default under the Propct Management Agreement, Agency shall be permitted to pursue its remedies for default under the Proct Management Agreement, subct to the restrictions and limitations of this Agreement. f at any time Borrower cures any Senior Loan Default to the satisfaction of Senior Lender, as evidenced by written notice from Senior Lender to Agency, any default under the Propct Management Agreement arising from such Senior Loan Default shall be deemed cured and the Proct Management Agreement shall be retroactively reinstated as if such Senior Loan Default had never occurred. 8 Cli Borrower, Senior Lender and Agency each agrees that, in the event of any conflict or inconsistency between the terms of the Senior Loan Documents, the Procct Management swots Fd46 PW Fo Ia 0141 ®011 FIIV[a Agreement and the terms of this Agreement, the terms of this Agreement shall govern and control solely as to the following: )the relativ e priority of the security interests of Senior Lender and Agency in the Mortgaged Property;h )the timing of the exrcise of remedies by Senior Lender and Agency under the Senior Loan Documents and the Propct Management Agreement, respectively; and ()solely as between Senior Lender and Agency, the notice regirements, cure rights, and the other rights and obligations which Senior Lender and Agency have agreed to as epressly provided in this Agreement. Borrower acknowledges that the terms and provisions of this Agreement shall not, and shall not be deemed to:e>end Borrower§ time to cure any Senior Loan Default or Propct Management Agreement Default, as the case may be; give Borrower the right to notice of any Senior Loan Default or Project Management Agreement Default, as the case may be other than that, if any, provided, respectively under the Senior Loan Documents or the Project Management Agreemen t;or create any other right or benefit for Borrower as against Senior Lender or Agency. 9 R$U$6ANJ driMktill d ISiLdISILdNal Subject to each of the other terms of this Ag reement, all of the following provisions shall supersede any provisions of the Project Mana gement Agreement covering the same subpct matter: it PitS Id Agency shall not, without the prior written consent of Senior Lender in each instance, take any action which has the effect of increasing the indebtedness outstanding under, or secured by, the Pro.Oct Management Agreement, eliept th at Agency shall have the right to advance funds to cure Senior Loan Defaults pursuant to Section(i)and advance funds pursuant to the Project Management Agreement(f so permitted th ereunder)for the purpose of paying real estate tags and insurance premiums, making necessary repairs to the Mortgaged Property and curing other defaults by Borrower under the Project Management Agreement. 1) CVO. Ii the event of: a taking or threatened to king by condemnation or other exrcise of eminent domain of all or a portion of the Mortgaged Property Collectively, a " Tk )'or the occurrence of a fire or other casualty resulting in damage to all or a portion of the Mortgaged Property collectively, a co )'at any time or times when the Senior Security hstrument remains a lien on the Mortgaged Property the following provisions shall apply: i Agency hereby agrees that its rights, if any (nder the Propct Management Agreement or otherwise)to pa rticipate in any proceeding or action relating to a Taking andbr a Casualty, or to participat e or pin in any settlement of, or to adjist, any claims resulting from a Taking or a Casualty shall be and remain subbct and subordinate in all respects to Senior Lender§ rights under the Senior Loan Documents with respect thereto, and Agency shall be bound by any settlement or adjzstment of a claim resulting from a Taking or a Casualty made by Senior Lender;provided, however, Sth tp Fa% Pg3 Fo Ia 0141 ®011 FIIV[a this subsection andbr anything contained in this Agreement shall not limit the rights of Agency to file any pleadings, documents, claims or notices with the appropriate court with jxrisdiction over the proposed Taking andbr Casualty;and (I all proceeds received or to be received on account of a Taking or a Casualty, or both, shall be applied either to payment of the costs and epenses of repair and restoration or to payment of the Senior Loan)in the manner determined by Senior Lender in its sole discretion;provided, howev er, that if Senior Lender elects to apply such proceeds to payment of the principal of, interest on and other amounts payable under the Senior Loan, any proceeds remaining after the satisfaction in full of the principal of, interest on and other amounts payable under the Senior Loan shall be paid to, and may be applied by, Agency in accordance with the applicable provisions, if any, of the Pro.ect Management Agreement, provided however, Senior Lender agrees to consult with Agency in determining the application of Casualty proceeds, provided further however that in the event of any disagreement between Senior Lender and Agency over the application of Casualty proceeds, the decision of Senior Lender, in its sole discretion, shall prevail. t Ia Agency agrees that all original policies of insurance regired pursuant to the Senior Security hstrument shall be held by Senior Lender. The preceding sentence shall not preclude Agency from regiring, to the etent provided for in the Propct Management Agreement, that it be named as a loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Mortgaged Property, provided such action does not affect the priority of payment of the proceeds of property damage insurance under the Senior Security hstrument, or that it be name d as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Mortgaged Property. $1 NdVIIIIIIV14141 Borrower and Agency each agree that, until the principal of, interest on and all other amounts payable under the Senior Loan Documents have been paid in full, it will not, without the prior written consent of Senior Lender in each instance, increase the regired payments due under the Pro.ct Management Agreement or otherwise amend the Pro.ect Management Agreement terms in a manner that creates an adverse effect upon Senior Lender under the Senior Loan Documents. Any unauthorized amendmen t of the Pro.ect Management Agreement or assignment of Agency§ interest in the Project Management Agreement without Senior Lender§ consent shall be void ab initio and of no effect whatsoever. 10. Md,a Agency consents to any agreement or arrangement in which Senior Lender waives, postpones, etends, reduces or modifies any provi sions of the Senior Loan Documents, including any provision milking the payment of money. Agency further agrees that its agreement to subordinate hereunder shall etend to any new mortgage debt which is for the purpose of SiPittifil Fa% PW Fo Ia 0141 ®011 FIIV[a refinancing all or any part of the Senior Loan Including reasonable and necessary costs associated with the closing andbr the refinanci ng)and that all the terms and covenants of this Agreement shall inure to the benefit of any holder of any such refinanced debt;and that all references to the Senior Loan, the Senior Note, the Senior Loan Agreement, the Senior Security iistrument, the Senior Loan Documents and Senior Lender shall mean, respectively, the refinance loan, the refinance note loan agreement, the mortgage securing the refinance note, all documents evidencing securing or otherwise pertaining to the refinance note and the holder of the refinance note. 11. D1 A $Ld I Agency or Senior Lender defaults in performing or observing any of the terms, covenants or conditions to be performed or observed by it under this Agreement, the other, non- defaulting lender shall have the right to all available legal and eqitable relief. 12. Rhi To the Bent that Borrower makes a payment to Senior Lender or Senior Lender receives any payment or proceeds of the collateral securing the Senior Loan for Borrowers benefit, which payment or proceeds or any part thereof are subseqently invalidated, declared to be fraudulent or preferential, set aside andbr reqired to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or eqitable doctrine, then, to the Bent of such payment or proceeds receive d and not retained by Senior Lender, Agency§ obligations intended to be satisfied thereby and this Agreement shall be reinstated and continue in full force and effect until full and final payment shall have been made to Senior Lender. Agency agrees to hold in trust for Senior Lender and promptly remit to Senior Lender any payments received by Junior Lender after such invalidated, rescinded or returned payment was originally made. 13. Nb it Pb48T All notices under this Agreement shall be: 4- in writing and shall be: ei) delivered, in person; 0) mailed, postage prepaid, either by registered or certified delivery, return receipt reqested; c) sent by overnight courier;or p) sent by electronic mail with originals to follow by overnight courier; Stikttifil Fifil6 PO 0 Fo Ia 0141 ®011 FIIV[a addressed to the intended recipient at the address(s)below the signature block, as applicable;and deemed given on the earlier to occur of: (A) the date when the notice is received by the addressee;or $) if the recipient refuses or rejects delivery, the date on which the notice is so refused or rejected, as conc lusively established by the records of the kited States Postal Service or any egress courier service. t CNAd Any party to Agreement may change the address to which notices intended for it are to be directed by means of notice given to the other parties identified in this Agreement. it ROM Senior Lender, Agency or Borrower shall not refuse or rej;ct delivery of any notice given in accordance with this Agreement. Each pa rty is reqired to acknowledge, in writing, the receipt of any notice upon reqest by the other party. 14 Gb # AO This Agreement shall be binding upon Borrower, Senior Lender and Agency and shall inure to the benefit of the respective legal successors, transferees and assigns of Borrower, Senior Lender and Agency. Borrower shall not a ssign any of its rights and obligations under this Agreement without the prior written consent of Senior Lender. 1) NaPl1th Senior Lender§ consent to the eistence of the Proj;ct Management Agreement does not constitute Senior Lender as a pint venturer or partner of Agency. Neither party hereto shall hold itself out as a partner, agent or Affiliate of the other party hereto. t SiLitt4 4h Wherever Senior Lender§ consent or appr oval is reqired by any provision of this Agreement, such consent or approval may be granted or denied by Senior Lender in its sole and absolute discretion, unless otherwise epressly provi ded in this Agreement. Wherever Agency§ consent or approval is reqired by any provision of this Agreement, such consent or approval may be granted or denied by Agency in its sole and absolute discretion, unless otherwise epressly provided in this Agreement. Sti1tt$y Fdil6 Pull Fo Ia 0111 ®011 FIIV[a 0 Fh a Agency, Senior Lender and Borrower each agrees, at Borrower§ epense, to eacute and deliver all additional instruments andbr docum ents reasonably regired by any other party to this Agreement in order to evidence that the Pro.Ot Management Agreement is subordinate to the lien, covenants and conditions of the Senior Loan Documents, or to further evidence the intent of this Agreement. Ath This Agreement shall not be amended exept by written instrument signed by all parties hereto. GW,w This Agreement shall be governed by the laws of the jirisdiction in which the Mortgaged Property is located without giving effect to any choice of law provisions thereof that would result in the application of the laws of another jirisdiction. Senior Lender, Agency and Borrower agree that any controversy arising under or in relation to this Security iistrument shall be litigated er;lusively in the jirisdiction in wh ich the Mortgaged Property is located. The state and federal courts and authorities with jirisd iction in such locale shall have elusive jirisdiction over all controversies that arise under or in relation to this Agreement. The parties hereto irrevocably consent to service, jirisd iction, and venue of such courts for any such litigation and waive any other venue to which any might be entitled by virtue of domicile, habitual residence or otherwise. ShP1 f any provision of this Agreement shall be invalid or unenforceable to any Bent, then the other provisions of this Agreement, shall not be affected thereby and shall be enforced to the greatest etent permitted by law. Tin The term of this Agreement shall commence on the date hereof and shall continue until the payment in full of the principal of, interest on and other amounts payable under the Senior Loan Documents, provided that for the purposes of this subsection, receipt of title by foreclosure or deed in lieu thereof shall not be deemed to constitute payment in full of the amounts payable under the Senior Loan Documents. cp This Agreement may be eRcuted in any numbe r of counterparts, each of which shall be considered an original for all purposes;provided, however, that all such counterparts shall together constitute one hand the same instrument. S1i1tt$y Fa% PO2 F�V[a 0141 ®011 FIIV[a f SId,a Nothing in this Agreement shall limit Senior Lender§ Including any assignee or transferee of Senior Lender)right to sell or transfer the Senior Loan, or any interest in the Senior Loan. The Senior Loan or a partial interest in the Senior Loan(ogether with this Agreement and the other Loan Documents)may be sold one or more times without prior notice to Borrower. RiffJiBil Stikttifil Ftui56 Pg1 3 Fo Ia 0141 ®011 FIIV[a IN WITNESS WHEREOF, Borrower, Senior Lender and Agency have signed and delivered this Agreement under seal (vhere app licable)or have caused this Agreement to be signed and delivered under seal (vhere applicable )by a duly authorized representative. Where applicable law so provides, Borrower, Senior Lender and Agency intend that this Agreement shall be deemed to be signed and delivered as a sealed instrument. SEND LENDER: OK GRD CMMEREAL MDTGAGE, LLC, a Delaware limited liability company By: Name: Title: Address: 3Yungman Avenue St.Paul, Minnesota 6 With a copy to: Fannie Mae Attention: Multifamily (rations - Asset Management Drawer AM 9Wisconsin Avenue,NW. Washington, DC ID STATE DMNNESTA ) $s. CNT"Dj The foregoing instrument was acknowledged before me this day off by,as of AK GRID CMMERCAL MI1TGAGE,LLC, a Delaware limited liability company, on behalf of the company. Notary Public Stikttifil Ftui46 Pg1 4 Fo Ia 0141 ®011 FilV[a gv2 AGENCY TH I NG AND REDEIZPMENT ATRITIV AND FD TH OM EDEN PRARE By: Name: Title: By: Name: Title: Address: STATE DMNNESKIA ) $s. CNT'EL) The foregoing instrument was acknowledged before me this day off by ands and respectively, of THENG AND REDEWLPMENT AU'N AND Fib TH CFO EDEN PRARE, a public body corporate and politic of the State of Minnesota, on behalf of that public body corporate and politic. Notary Public Stikttifil Ftui56 PI5 Fo Ia 0141 ®011 FIIV[a BDRWER: PRARE 11LAGE LLLP, a Minnesota limited liability limited partnership By: Thies &alle Enterprises, hc, a Minnesota corporation Is: General Partner By: Name: Title: Address: cb Thies Valle Enterprises, he. West S th Street, Suite El Chanhassen, Minnesota 1 STATE DMNNESKIA ) )ss. CNT1) The foregoing instrument was acknowledged before me this day off byLhe of Thies Salle Enterprises,iic, a Minnesota corporation, the General Partner of PRARE I1LAGE LLLP, a Minnesota limited liability limited partnership, on behalf of the partnership. Notary Public Stikttifil FEW PI6 F�V[a 0141 ®011 FIIV[a gv3 (Top 3 inches reserved for recording data) MORTGAGE RELEASE by Business Entity DATE: ,2012 THAT CERTAIN MORTGAGE owned by the undersigned,a public body corporate and politic under the laws of Mnnesota,dated November 19, 1985,executed by Prairie Village Limited Partnership,a Minnesota lirrited partnership,as mortgagor,to The Housing and Redevelopment Authority in and for the Oty of Eden Prairie,a public body corporate and politic of the State of Mnnesota,as mortgagee,and recorded on September 19, 1986,as Document Number 5159734,in the Office of the ❑ County Recorder ❑ Registrar of Titles of Hennepin County, Mnnesota,is with the indebtedness thereby secured,fully discharged and the lien of the Mortgage on the land therein described is hereby released. The Housing and Redevelopment Authority in and for the Oty of Eden Prairie By Its: By Its: EC&2052 Page 1 of 2 Page 2 of 2 MORTGAGE RELEASE State of Minnesota,County of This instrument was acknowledged before me on ,2012, by as and by as of The I-busing and Redevelopment Authority in and for the City of Eden Prairie,a public body corporate and politic of the State of Minnesota,on behalf of the public body corporate and politic. (Stamp) (signature of notarial officer) Title(and Rank): My comrission expires: (=ntY✓day/year) THIS INSTRUMENT WAS DRAFTED BY: Dorsey&Whitney LLP(mjt/pmj) 50 South Sixth Street Suite 1500 Minneapolis, I N 55402 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 5fl) DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: W. Rick Wahlen Award Contract to Advanced Masonry Public Worksb7lities Restoration for the Repair of Through-Wall Flashing at the Water Treatment Plant Rah Move to: Award contract for the removal and replacement of the through-wall flashing at various locations in the eerior walls of the water treatment plant to Advanced Masonry Restoration of St. Paul in the amount of 18 Sp The City of Eden Prairie tiliti es Division retlested proposals from three contractors for the replacement of leaking through-wall flashing in the eerior brick walls of the water treatment plant. After a thorough evaluatio n of the contractor galifications of the two contractors who submitted proposals, the low-bidder is recommended to perform the pb. BUll The water treatment plant roof has leaked in various places for approitnately lyears, and despite multiple repair attempts by the contractor who originally installed the roof, the leaks persisted and became much worse over time. A new roof was installed in avhich mitigated the water intrusion from the roof leaks. Subsege nt to the roof replacement, we learned that the design of the masonry wall flashing has also contributed to leaking of water during driving rains. The design met code standards for Swhen th e walls were built, so we are faced with correcting the flashing based on practical changes in construction standards in the last Wyears. Two contractors submitted proposals: Magney Construction provided a per-foot cost which calculated to a total price of •for the wall repairs including rental of egipment. Advanced Masonry Restoration provided an estimate of for the proct as a whole. Staff recommends acceptance of the low bid to perform the necessary repairs. The pro.Oct will be paid from the Water laity frrating Fund. Ain • Proposal-Magney Construction • Proposal Advanced Masonry Restoration ffMAGNEY Proposal IVIcONSTRUcTION 1401 AL T INDUSTRIAL CONTRACTORS OR.S REvisED 1401 PARK ROAD CHANIIASSEN MN 55317 952.474.1674 OFFICE 952.474.1679 FAX 11/4/2011 www.magncyconstruction.corn SEND TO Company name From - City of Eden Prairie, MN Kevin Vranicar Attention Date - Mr. Rick Wahien July 19, 2011 Fax Phone Proposal# (952)294-5908 Unit Price Brick Repair flUrgent ❑ Please comment l=l Please review ® For your information Total pages, including cover 3 COMMENTS Re: Eden Prairie WTF - Brick Repair Rick, Magney Construction, Inc. is pleased to present the following quotation to provide the necessary labor, material and equipment to complete the following repairs to the existing exterior brick at the Eden Prairie Water Treatment Facility. We propose to remove three (3) courses of brick, furnish and install new flashing, drip flashing, termination bar, 1" insulation, brick vents (as applicable) and provide new brick and mortar to match the existing exterior_ Our scope of work shall also include the washing of the brick and complete clean up and disposal of our work_ Proposed Work and Associated Costs: 1, Mobilization $ 4,500.00 2. Brick Repair North Filter Room Zone A (approx. 50 ft.) $ 11,250.00 3. Brick Repair a Zone B (approx. 37 ft.) $225.00 I per LF 4. Brick Repair Zone C (approx. 156 ft.) $210.00 / per LF 3. Brick Repair @ Rotunda Zone D (quantity undetermined)** $335.00 / per LF **Additional equipment will be required for any work performed at the Rotunda (Zone D) and/or any other area in which the existing roof will not be our working platform. We have provided pricing for the following equipment which will be invoiced at the rates below and in addition to the pricing above: Telescoping Aerial Boom Lift Mobilization I Demobilization (each way) $ 115.00 Weekly Rental 4,184.00 Monthly Rental $ 12P 552.00 continued on page 2 Page 1 of 2 continued from page 1 Pricing on equipment not quoted above will be provided in advance (if necessary). - Pricing for material that is not included in our original scope of work will be invoiced at cost, plus 10%. -We have not included any costs associated withcold weather conditions. - Costs for cold weather conditions can be provided based on the timing and/or quantity of work. Please review this proposal and feel free to contact me with any questions, comments, or concerns. We sincerely appreciate the opportunity to quote you and we look forward to working with you on this and future projects. Thank you, Kevin Vranicar Project Manager Accepted By Date Page 2 of 2 41, y ii II-1 , I i l g -- - _i 0 \ 4," . L . ... .. , . . . „..... rn -. ______ Q i .1 M i ! 'P co 4K. , - " 1 ' . t._ _ Zia: Cx1jai (. L O aNco !Li CP ...1 7, 1 Y' •,.z..f in .\.SIG,. it Ocb ■••#......••••°—K../. �-- r r z__. _ .\\L r„..._.... ....;,-..., N 11 Q I+ I R Tr u 3 0 NI s s 1 P Os s+ P C) oe > PHEPEBY CERTIFY AN`+THIS PLAN,SPECRPICATION-OR REPORT WAS PREPARED BY ME OR UNDER MY PER TAND TMATIAM omen DULY LICENSED PROFESSIONAL ENGINEER UR UE LAWS OF THE STATE OF MINNESOTA* /g SIGNATURE 1.,...._ "' TYPEUMHME:JASON B.DENSER NOL'�E�l®E3i �] }Rv REG,NO. o v O - pAT�� HEV15i0I1 h�aFGVxC m z o VVTF PROCESS AND CONTROLS IMPROVEMENTS PROJECT II ••11 N o R F �F R_ F3 I ET.^ CITY OF EDEN PRAIRIE • I co Ca V q H - C I EDEN PRAIRIE,.MINNESOTA p f� w FLC)WMETER IMPR[7VEMENTS-l7PPER LEVEL-C7VERALLPLAN ° / r. ADVANCED ONRY :::::::._...:...::::_:::::__:::::_:::::::::::: QUALITY WORK BY QUALITY PEOPLE May 31, 2012 Re: Flashing work Mr. Rick Wahlen Utility Operations Manager Water Treatment Plant Supervisor City of Eden Prairie 14100 Technology Drive Eden Prairie MN 55344 Dear Rick, Per your request,you will find below our cost to install the new flashing system at the water treatment plant. The cost includes the original bid amount from last year along with the additional footage needed. We have based our cost on the following: 1. Removing 3 courses of brick high along the roof areas. 2. Installing a new thru-wall flashing system, using Grace Perm-a-barrier system. We are installing a 26ga metal flashing,then the Grace material.The material is held in place by a termination bar at the top and weep vents installed every 24"(approx.two brick) 3. New brick to match the existing as close as possible will be installed to match the existing coursing. The mortar will be matched as close as possible to the original. Cost: Flashing at flat roofs 2271nft @170.00/Inft $38,590.00 Flashing of upper curve on rotunda roof 501nft@ $180.00/Inft $ 9,000.00 Scaffold and roof protection for rotunda wall $12,300.00 Total $59,890.00 Unit Costs: These costs will be completed by change order if needed Replace individual brick $37.00 ea Widen existing expansion joints $45.00/Inft Cut in new expansion joints $65.00/Inft Please call if you have any questions. Sincerely, . Miller for Estimator dvanced Masonry Restoration 2956 Yorkton Blvd. ® St. Paul, MN 55117 ® Ph 651-766-8080 ® Fx 651-766-8016 www.advancedmasonry.com CITY COUNCIL AGENDA DATE: SECTION: Cti June 50f DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: M. Janet Jeremiah, Community Set a Public Hiring for Tuesday, July 70 Development Director regarding the Modification of TF lind TF Molly Koivumaki, Manager, District busing and Community Services Rt4 h Move to: Set a Public H earing for Tuesday, July 1 ' Oregarding Modi fication of TF I and related TF District information. BU TF District X Columbine Townhomes, is set to decertify at the end of CD The property owner is interested in etending the TF District .Staff will eplore the eligibility regirements that are necessary to etend the district. f deem ed eligible, a Modification Plan will be drafted and presented at the public hearing. CITY COUNCIL AGENDA DATE: SECTION: Public brings June 52 DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO:K. Community DevelopmentPlanning Cummins Phipps Grill blase Conditional Janet JeremiahMichael Franzen Permit Rah Move to: • Close the Public bhring;d • Approve the Conditional 1 Permit for Cummins Phipps Grill blase Sp The Eden Prairie litorical Society currently leases the Cummins Phipps Grill binestead and retlests a conditional use permit to allow activities inside and outside of the building as listed in the attache onditional use permit. (Hay clock epires on August 20) A Certificate of Appropriateness is not regired. Ph The Planning Commission voted Sao recommend approval at its May 42neeting. HWiCih The Eitage Preservation Comm ission voted Sao recommend approval of the CPJ with the following modifications. Condition lhould read my changes to the use of the building or site from those established in these conditions shall retlire an amended C onditional 1 Permit'and Condition should state shared parking shall be provided at the site. No parking on the landscaped area around the house. These changes have been made to the CPJ. Ain 1 Conditional ki Permit !m 2 Staff Report dated 6l2 3 Location Map 4 Land kit Map 5 3ning Map 6 Aerial Mw Map 7 Cultural Landscape Plan 8 Planning Commission Minutes aR 9 bfitage Preservation Co mmission Minutes &2 CIIJsPIn 201201 CIRIGIPp 13600 Pill EiP#M16532I JE6, 2012 RECITALS A. The Eden Prairie iitorical Society EPFI)has applied for a Conditional ki Permit for the property located at @Pioneer Trail (iereinafter the Property)'uses permitted under City Code Section 4n. The Prope rty is legally described as follows: That part of the Northeast tl trter and the Northwest ktr ter of Section 7 Township @Range abounded as follows, to-wit:Comm encing at a point on the North line of said Northeast ( rter, Ofeet East from the Northwest corner thereof;thence in a straight line a Southeasterly direction feet to the actua 1 point of beginning of the land to be described;thence continuing on sa id straight line, that if produced would intersect the South line of the Northwest irte r of the Southeast C�hrter of said Section a Township O Range 2at a point 4rods East of the Southwest corner of said Northwest irter of the Southeast Qtrter of said Section a a distance of feet more or less to the Northerly line of the right-of-way of County State Aid IIhway No. l Plat No.Oaid Nort herly line 3feet Northerly of th e survey line of said Plat No.6 and its Northwesterly or Southeasterly evens ion thereof)thence Northwesterly along the Northerly right-of-way line of County State Aid IIhway No.,l a distance of feet; thence Northeasterly @feet to a point Ofeet Nort hwesterly from the point of beginning; thence Southeaste rly O feet to the point of beginning and there terminating. B. The City Council finds that the above described property is zoned Rural. C. Pursuant to City Code Section 43.21 onditional ii Permits for the adaptive use of a hitage Preservation Site is limited to historic properties situated within an R-Rural District. D. Pursuant to City Code 4B.2adaptiv e use proposed for the Property must be a permitted use in either the (Ice District , Section M Subd 2(A)or (3), or the Commercial Districts, Section 7Subd. 2) E. The Property was designated on September Eby the City Coun cil as a eitage Preservation Site. F. The Property is an historic property situated in the R-Rural District. G. The Council finds that the applicant meets the criteria of the City Code and is entitled to the issuance of a Conditional ii Permit for th e Property subct to the terms, conditions and restrictions set forth below. H. The word person'has the meaning as define d in Eden Prairie City Code Section Subd.5which is Person includes all firms, partnerships, associations, corporations and natural persons. The tem ihdividual'ineans a natural person. NOW THEREFORE, in accordance with the provisions of the Eden Prairie City Code, a Conditional ii Permit is hereby granted to the Ed en Prairie iitorical Society EPR}sub.Ot to the following terms, conditions and restrictions: 1. The recitals set forth above are incorporated herein. 2. lb of the Property is limited to gather ings inside the house on the Property and outside for the following events: a EOM • li for events sponsored by the City of Eden Prairie or the Eden Prairie School District. • le by Persons as an event space • lb by community groups as event space, eg.pancake breakfasts, book clubs, afternoon teas, concerts • k by individuals or Persons as an event space, eg, weddings, business meetingsConferences,pa rties, picnics, horticultural b Cab& f1C bt11.25, Sfl 2e* • Sales space for a limited, defined time, eg, antige market,plant sale, craft market,blankets, books, CD§, gifts, antiges and farmer market items. • Long-term sales space for Persons, eg.antige shop, floral shop and tea shop, • Sales space for occasional, limited sales by the EPN eg, blankets, books, CDs, gifts, antiges and farmers market items c OW • Long-term office space rental 3. Any changes to the use of the building or site from those established in these conditions shall regire an amended Conditional 1 Permit. 4 The building shall meet all Building and Fire Codes, State and County health regulations. 5. The building shall be connected to City sewer and water. 6. Any alterations of the building or property regired shall conform to the Certificate of Appropriateness. 7. The use of the building and property shall conform to the Lease Agreement with the City of Eden Prairie. 8 Shared parking shall be provided within the adjicent park parking lot.No parking shall be permitted on the landscape areas around the house. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be egcuted as of the day and year aforesaid. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager AGREED TO AND ACCEPTED BY THE EDEN PRAIRIE HISTORICAL SOCIETY By Kathie Case, President STATE OF MINNESOTA ) 0 COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of i (Dby Nancy Tyra-Lukens and Rick Getschow, re spectively 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 ) 0 COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of Z Oby Kathie Case, President of the Eden Prai rie htorical Society, a Minnesota non-profit corporation on behalf of the corporation. Notary Public STAFF REPORT TO: Planning Commission FROM: Scott A.Kipp, Senior Planner THROUGH: Michael D.Franzen, City Planner DATE: May a 11) SUBJECT: Cummins Phipps Grill Conditional LE Permit APPLICANT: Eden Prairie Rtorical Society OWNER: City of Eden Prairie LOCATION: Pioneer Trail 120 DAY REIEW: August 32 REQEST: • Conditional Lk Permit on 4tcres BACKGROUND Ii June, 0 the City Council approved a City Code Amendment to allow adaptive reuse of historic designated property in the rural zoning district for office and commercial uses by Conditional ii Permit. CONDITIONAL USE PERMIT The Eden Prairie I4torical Society currently leases the Cummins Phipps Grill binestead and reqests a conditional use permit to allow the following activities. 1. ki of the Property is limited to gatherings inside the house on the Property and outside for the following events: a EOM • it for events sponsored by the City of Eden Prairie or the Eden Prairie School District. SRO-Cilt}G1C1LJeP13101201 • 1;k by Persons as an event space • ke by community groups as event space, eg.pancake breakfasts, book clubs, afternoon teas, concerts • 1.6 by individuals or Persons as an event space, eg, weddings, business meetingskonferences,parties,picnics, horticultural b C»iiCK(Eli1.25, SO 2Ntb, • Sales space for a limited, defined time, eg, ant*market, plant sale, craft market,blankets,books, CD§, gifts, antiges and farmer market items. • Long-term sales space for Persons, eg.antige shop, floral shop and tea shop, • Sales space for occasional, limited sales by the EPEI eg, blankets,books, CDs, gifts, antiges and farmers market items c OW • Long-term office space rental 2. Any changes to the use of the building from those established in these conditions shall regire an amended Conditional ii Permit. LEASE AGREEMENT This lease will have to be amended and approved by the City Council. STAFF RECOMMENDATION Staff recommends approval of the Conditional ii Permit. 2 Aoa�La ti on111 - ants Fri ps0 I I Nifty ty @Citi cal lie Fait Aites IICORomy TraI, EtriRarie MI airy 1 St 13:0D Rau Ta I • moo, Rom TdI ar I N Z5 50 1,191 Rtzt q<>0 I I I I I I I FR <4, @ ob FPa- Ctrin FPi pis Ci I I I a ad t i a lie Frrrt aD FPo -Fa I , Bin Ida ri o I\D4J 0 SITE 13600 Pioneer Trail _...... e _ Row Tra I i 4 FFyi rg(fad[die City of Eden Prairie Land Use Guide PI , Map 2000-2020 Legend O(wits - IrdEtrid :$ram N Rind Rkicbtid Ot)liits'Ase fddintaui(bredd —R rupi AtErid A IaNastyFEidhtid 025tits'Ftre (bruityen dd — tr Atari d 177A taastyaiidQai - I3jod(bradd — BMuAdaid IPE4puoeiB41B m�i��� ' • I.: �! 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R-95 Oeirly9520d rin IrdBrid FAR-2A reMi P2Z 11- `FB Raglan FL 5 Niti-Faily ?A 67Urac IrdEtrid FAR- 5AreNeh EDEN - FR25 Niti-Faily174UPArac @aaIrdBridi-5�ek Sil{6tiettkal ae3(din�ttfi2lB O,r� R1(f Atiticr)waelh,b§-ownthapeltcn PRAIRIE (Efitm Rtlic De Iddh'l 2ID NigtototerrErdd I@f Cam Inaeaamaewraaeitoeamdraimmmsarm,,teoirem LIVE•W ( DREM1M ....el,..11mmaiea rm,nane00.-.1fi eeei. @raitymradd We - l;gvEy@,Bdd Iiit d W' 0 0125 OZi - Rjo1&nic radd Rai all Ctri-rs FPi pcs CI I I FdtEeerdti an L4a Frrrt ThID FPom' -Fa I , Ida ri o I\D4J „ .'°� V ��/ ''' [ `ire. .. •: ring .40 41 Lake • tis '.. 1, 42... a • m - - . r: , T 401/ - �� '..... f . - /- /44, '*fr \ ..% , „ . . / . :&_ . .,..J._. : '-'1!:..,t-1- ri; I'A •;. NI:.:.2%0 ;44 , , . . .. •, , wig P'''' -3—' j 1.•Y••••• , - .,. --!-ZS., .i TnEnirjri - L. ., • lea: - 4---f r .�,:. ! II y;.R.<W fL ._... _ ,.,_-.. _.A,;_.01,7/....„-x-,) .4-4:efiv,),7- . \,...,..t.„ ,:_, ..s...,,,;1,,:_..t, .dr Ro Tral _ � �d, ,. T > 1 I 0 . ' . . ' 4 1310 Ror'Tra l ',: -_7 : :.. 447: T. ; ''....".\'' .1 r• 1 �` 4t�k._f :::::4:":11111°1*::LE1141.... :1"- '°44411.274tH4\-41.11 ___ .. . . ., . _ fi.k16, pp fliii111 144010A IRMO - - . K ,i2 ...,,... . .,,.., ,.-, , 1J gri / ' i 1 \\\\\N .'1---- 17 r A 1. II , F‘:11010. -.-.: _..,, .4 tain r;;;!:044,.! / di '\ .;-ftir morr- r • ;.. "..,. ..;.-'..;;.:1,4,.. j , Igo II ri t IFy1rgTaclEi�e f't i- ` A t 114 ;ha f' . , / /. + 4 ,., . . , ./ I. EDEN , PRAIRIE timed• � � I a', ifirix LIVE•WORK•IIAEAM i�: C 31Zi am a Mcs Cummins Grill Site Restoration Plan kitAUt k$ASSJECIRTE.LI .... hewn 00141 firm.ma s- City of Eden Prairie, MN Prairie Garden A small ornamental garden in a raised _ Site Fence&Access L DEN stone planter demonstrating plants found a Site fencing around the perimeter to G UL11 in a prairie selling,with a focus on Aster 695 distinguish the historical site from the P� ���� species, Includes interpretive panel#4. o ., remaining park spaces. A gate provides site access. Natural Space I Areas left to grow naturally,or restored Park ID 1 to demonstrate eithera native prairie n Sig I, or a typical pasture setting. - _ _ A sma[llpaver patio containing interpretive panel#5 located along the Asparagus Garden secondary site entrance. A small asparagus garden with a simple ? •-; �'% 0. r Demonstration— Orchard wooden fence around it, 6 11 �� n - Includes two varieties of apple loses, � 0 �r two varieties of crabapples American Entrance Patio 4'`•: 4 ti� ;,� z plum,butternut,black walnut,and Entrance shagbark hickory plants. A patio space with seating and , historical interpretive panels#9,#2& existing ., New Trees #3 located along the main entrance ,-: Crabapples i,t43f li e t (incl Overstay trees include bur oak and walk into the site. Patio is made up of Park ID 2 3 , Ccess ( of"x ;' thornless honeylocust, donation bricks and large enough to Sign 11 t lute n -% / , accommodate small organized groups and provides site orientation and f r ;,� . i• ,say Site Way finding 1 ID Signage information before entering. , 7 Jf' iy,d ♦. } yn r M. c ! ,f tit •Yy i k +f I Gravel Drivel Walk a E �0 +,' � '- 1 ;} Original gravel drive is left intact as the , s r` y .. Natural Accessible Trail main site access and provides a link i � �'� 4' r r.;= a' A natural surfaced trail(mowed turf, between the parking lot and the site `'( rp�l� ` u e a a a,3+a s„ _ woodchips or crushed aggregate) ti.trails&features. :"r ir` .y 5`` r1 4 • ally _2,00... O 9 y p b , ;y,4 creates an internal loop, rr$r 4rsp� +fir 9.p j,iq,r 0>�O ��e'.pr67 Existing Vegetation(typ) �4 `; e 7 r r r `� - r *#a•°i+ :a A Peony rock raver en Patio s[one olio to c he ,� ., p (flagstone))A f + r match the patio material along the front ' �� - Historioal of the house and includes interpretive 'p y' _� ','H,-...o wotaok . k .� 4 panel#G. interpretive Panel Key: ti" S 0 Main Cummins-Grill historical panel Historical �r•-r �) i Existing Peony Garden [relocated] Barn,mi[khouse,collie,&crops panel ID Sign Historical-�� :" Shagbark ,��y, - Maintained Lawn Space(typ) (new) L Hickories r Q Anderson schoolhouse&pioneer life ,_,o ' (new) New White Pine a" +`` Prairie and pasture panel(new) - Pi '' " Orchards,plants&plant testing(new) °neor frail * Relocated Park Entry Signage a ()Peony Garden(relocated) i Cummins Grill Site Plan n„ .,; UNAPPROFD MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MAY 102012 7: 00 P.M., CITY CENTER ClCbi $$ Mild COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu FoManager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at(tom. Kirk, Pitzrick, Schultz and Wuttke were absent. II. APPROXL OF AGENDA MOTION by Lee, seconded by Lechelt, to approve the agenda. MI SO. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON APRIL 23, 2012 MOTION by Lee, seconded by Fyten, to approve the minutes. MIN O. SIM IV INFORMATIONAL MEETINGS V PUBLIC MEETINGS V PUBLIC HEARINGS A. CUMMINSPHIPPSGRILL PROPERTY CONDITIONAL USE PERMIT by Eden Prairie Htorical Society Location: (Pioneer Trail Reqest for: • Conditional ii Permit for adaptive reuse EDEN PRAIRIE PLANNING COMMISSION MINUTES Maya Page 2 The Htorical Society currently leases the building. Activities that would occur by CPJ are similar to what the City perm itted by CPJat the Smith Douglas More bhse. Money generated from these activ ities would go to the Htorical Society and to make building repairsimprovement s. Attached to the CPJdocument is the Cummins Phipps Grill Site Restoration Plan that shows a limited area for outside activities. This will also be attached to the lease agreement. Lee asked if they considered a coffee house there.Franzen said there have been a number of ingiries to use the property prior to the Htorical Society, but none include a coffee shop. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Frank, seconded by Lee, to close the public hearing. Mb iFe. MOTION by Frank, seconded by Lee, to recommend approval of the Conditional ti Permit 1,0 Miif0. U. PLANNERS'REPORT Franzen said there will be no Meeting on May$due to the holiday. The nek meeting will be June 1The only item on the agenda is the continued item from tonight§ meeting. III. MEMBERS'REPORT IX CONTINUING BUSINESS X NEW BUSINESS K ADJOURNMENT MOTION by Lee, seconded by Lechelt, to adiurn the meeting. Mid 50. There being no further business, the meeting was adpurned at 43m. UNAPPROYD MINUTES EDEN PRAIRIE HERITAGE PRESERXTION COMMISSION MONDAY, MAY 21, 2012 7:00 P.M. CITY CENTER PRAIRIE ROOMS A&B COMMISSION MEMBERS EdVIh CIOCtEk bTfLbMhiVIrb KpiiMTAn MGpStOh STUDENT REPRESENTATI 1 I� MiLe COMMISSION STAFF JtGOPfRM,LLC LiCoRd I. ROLL CALL Muehlberg called the meeting to order at gym. Desmarais and McPherson were mused. II. APPROXL OF AGENDA Muehlberg asked to add two items under new business. tern B.Feltman Family hterpretive Panel at Richard T.Anderson Conservation Area. tem C.City Council Presentation. MOTION: Evert moved, seconded by Lawler, to approve the amended agenda. Mh CS0. III. APPROXL OF MINUTES A. COMMISSION MEETING HELD APRIL 16, 2012 MOTION: Lawler moved, seconded by ton, to approve the minutes of the fitage Preservation Commission meeting held on April fill) Mb *0. IY REPORTS OF COMMISSION AND STAFF A. UPDATE ON EPHS LEGACY GRANT APPLICATION FOR CUMMINS HOUSE FIRE SUPPRESSION SYSTEM Gertz gave a brief update to the Commission on the Eden Prairie Htorical Society§ fire Suppression system in stallation proct at the Cummins Grill bhise.There has been little change in the proct status since the Ct was approved. HERITAGE PRESERXTION COMMISSION MINUTES May VD Page 2 B. UPDATE ON THE CUMMINS HOUSE FOUNDATION REPAIR Gertz updated the Commission on the Cummins blise foundation movement repair pro.Oct.A trench was dug deep er than necessary, and beyond the depth recommended by the pathfinder architect, Christian thdrie.The result,based on engineer Joshua lzog§ inspection is the foundation was compromised and will need complete underpinning. This would also include the removal of the historic cistern located along the foundation.Rem oval of the cistern will regire an archaeology permit from the state and documentation prior to demolition.A Phase 'summary was prepared by Gertz for Stic ha, the city§ facility manager, to provide an updated scope of work and cost estimates.Phases land Iwill include the removal of the cistern. Lawler asked if all the rain we have had will have an adverse effect on the foundation and the work that has been done.Gertz stated it shouldnt and if the work is done this summer, it shouldnl compromise the condition of the house. Gertz stated once the underpinning is complete, there would have to work done to correct the grade and complete gutter work. Gertz stated the Htorical Society is c onsidering applying for a grant to help pay for some of the repairs.The concern is the time it will take to receive the grant and then get bids before the work begins. Gertz stated they will wait for the reports indicating the cost and scheduling to move forward.Mwill update the commission on the process at the June meeting. V OLD BUSINESS A. CITY WEBSITE UPDATE Lori Creamer provided a demonstration of the City§new website and showed the Commission the navigation features,pages of interest and discussed how the PI might add points of public interest to the appropriate pageO)of the site.The Commission showed enthusiasm with the opportunity to provide historical site data and other similar items within areas of the website.Lawler will prepare some suggestions for the historic site map and bring those ideas to the June meeting. B. HISTORIC PROPERTIES ANNUAL CONDITION ASSESSMENT A field inspection of historic properties is scheduled for June (Lawler volunteered to assist Gertz on that day to document the current conditions, repair needs and maintenance issues for all Eden Prairie owned properties.The findings will be forwarded to Sticha, City facilities manager. HERITAGE PRESERXTION COMMISSION MINUTES May ?AI Page 3 u NEW BUSINESS A. CONDITIONAL USE PERMIT FOR CUMMINS PROPERTY The Commission reviewed the Conditional Lk Permit for the Cummins blase. Commission members were asked to review the reqest from the litorical Society for reqested uses at the pr operty.The Commissions role is to recommend any modifications to the list and make a motion to approve the reqest prior to the City Council approval. Evert asked who was responsible for managing the details of the proposed events. Gertz stated that would be the responsibility of the lit orical Society to rent the space and coordinate the event calendar. MOTION: Lawler moved, seconded by Evert,to accept the Conditional Lk Permit for the Cummins Grill property located at(Pioneer Trail pending confirmation that stated criteria as amended have been addressed. Condition lhould read my changes to the use of the building or site from those established in these conditions shall retlire an amended Conditional Lk Permit" and Condition &hould state shared parki ng shall be provided at the site.No parking on the landscaped area around the house. MOO. B. FELTMAN FAMILY INTERPRETI E PANEL AT RICHARD T. ANDERSON CONSERXTION AREA Muehlberg received an e-mail from Itgins , the former PIC chair regarding the reqest Jeff Miller brought forth to a prior meeting.Mr.Miller was wondering what the status of the propct was. At the original meeting when Mr. Miller presented his reqest to the Commission, he had asked if the City could help fund the pro.Oct. Gertz indicated it might be advantageous for the litorical Society to apply for a grant which could help fund this proct. Gertz stated this proct was not on the mwork plan and scope of his work.bI said he would assist the litorical Society in a consulting manner if they would assume the grant writing and administration role. Gertz will contact the litorical Society and discuss the process with them and report back to the commission at the June $ ID meeting. C. CITY COUNCIL PRESENTATION Muehlberg asked for clarification on the date he would be presenting a short PowerPoint to the City Council on the work the commission accomplished in IDThe date is June 51) HERITAGE PRESERXTION COMMISSION MINUTES May 7(D Page 4 Gertz stated he would work on the presentation and send a draft copy to Muehlberg and City Staff for final touches. bI. ADJOURNMENT MOTION: @on moved, seconded by McGuire to adpurn the meeting. MIA. There being no further business, Muehlberg adpurned the meeting at gym. CITY COUNCIL AGENDA DATE: SECTION: Public Hiring June 52 DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: R. Public Works First reading of ordinance enacting franchise Robert Ellis fees for customers of l Energy, CenterPoint Energy and Minnesota Alley Electric Cooperative in the City of Eden Prairie R{th Mt# Move to: Close the public hearing. Mtn Move to: • Approve first reading of an ordinance adopting and approving a franchise for l Energy;and • Approve first reading of an ordinance adopting and approving franchise fees for l Energy. Mtn Move to: • Approve first reading of an ordinances adopting and approving a franchise for CenterPoint Energy;and • Approve first reading of an ordinance adopting and approving franchise fees for CenterPoint Energy. Mid Move to: • Approve first reading of an ordinance adopting and approving a franchise for Minnesota Mley Electric Cooperative;and • Approve first reading of an ordinance adopting and approving franchise fees for Minnesota Mley Electric Cooperative. Sp These franchise fee ordinances for&1 En ergy, CenterPoint Energy and Minnesota Mley Electric Cooperative come forward after many months of investigating potential revenue sources for pavement management. The Budget Advisory Commission recommended franchise fees as the most suitable source and further recommended that a flat fee be implemented. These fees will go into effect during the month of @ober and will generate approimately million per year. Franchise fdlinances The franchise ordinances allow the companies to conduct business in Eden Prairie, allow them to use the right-of-way and set provisions for operating in the public way. These franchises replace ei ting franchises&1 and CenterPoint, whic h are set to epire in hand tespectively. This is Minnesota Mley Electric Cooperati ves first franchise with Eden Prairie. Franchise Fee Glinances These ordinances establish franchise fees for 1 Energy, CenterPoin t Energy and Minnesota alley Electric Cooperative. The rates are as follows: Rate per Month Category $ Residential 9 Small Commercial and hdustrial Non-demand $ Small Commercial and hdustrial Demand $ Large Commercial and hdustrial Ain • Presentation • Franchise fdlinances • Franchise Fee Glinances 5/25/2012 Franchise Fees City Council Meeting June 5, 2012 Franchise Background Franchise Agreement • Electric and gas • Allows access to land for utilities • Guarantees their right to conduct business in City Franchise Fee • Fee charged for this benefit 1 5/25/2012 Pros to Franchise Agreements Franchise Agreements • Keeps energy cost of service down due to less property acquisition needs • Paved/plowed access to infrastructure Disadv►antae • - Ey ;gal -y r$\ 2 5/25/2012 Adds to Street Reconstruction Costs r+F K 4 f iI `• r a. . !.4rfe - _ J Less Space for Water, Sewer & Drainage , ;.. r:r? ,ate 4. T� J y , , 34? 4 . , 0 ., .. ..,,.,,,,,., . ,,. 3 5/25/2012 Problem Statement Cost of Maintaining Right-of-Way • 225 centerline miles of street • Average age is 22 years • Asphalt life = 20 years up to 40 years • Developing community to built community 2010 Citizen's Survey How do you rate the quality of streets in City? • 15% Excellent • 81% Good • 4% Only Fair • 0% Poor • 1% Don't Know/Refuse 96% Excellent or Good 4 5/25/2012 Pavement Condition Index 100 � 90 Arsoossioso 80 70 Excellent Very Good 50 [J Goad 50 n Fair 40 - Poor u Very Poor 30 [i Failed 20 10 ro' • -r 0 Pavement Condition Current pavement condition index = 81 • 88 pci in 1995 • 78 pci in 2022 ($2M per year) • 70 pci in 2032 ($2M per year) $1 invested now = $4 saved in 10 years 5 5/25/2012 Pavement Condition Ilndex 100 88 go 81 Excellent 78 Very Good 20 Good � FiiFalr 70 Poor U Very Poor i Failed Cry so Current Pavement Condition Index 20% 18% 18% 16% 16% ; is , 14% 14% 14% 12% 10% 9% - 8% 6% s% 4% 2% 1% 1% 1% — 0% 0% 0% 0% 0% 0% 0% 0% 0% r3 u� 0 Un o yr 0 in 0 Ln 0 u7 0 tin 0 in 0 ui a rl N N rrl rh S u1 u1 - co 03 al Q) O 6 5125/2012 Budget Advisory Commission Street Maintenance Funding Source • Street lighting fees • Garbage hauling fees • Cell phone tower fees • ROW fees charged to water, sewer and drainage • Special assessments for construction • Tax levy increase • Franchise fees BAC Recommendation Franchise fee for gas and electric • Availability of data for program design • Ease of explanation • Ease of administration and implementation • Fairness (nexus between use of ROW and maintenance cost) 5/25/2012 BAC Recommendation Flat fee preferred over ad valorem (fiat vs. percent) • More stable ; less volatile • Fairness (older homes less efficient) • Ad valorem more difficult to manage • Flat fee more common in peer cities • Strong preference for flat fee by Utilities Metro Cities with Franchise Fees • Afton, Bayport, Brooklyn Center, Champlin, Chisago City, Circle Pines, Coon Rapids, Cottage Grove, Deephaven, Excelsior, Golden Valley, Hopkins, Little Canada, Mahtomedi, Maplewood, Minneapolis, Minnetonka, Monticello, Mound, Mounds View, New Brighton, New Hope, Newport, Oakdale, Prior Lake, Richfield, Robbinsdale, South St. Paul, St. Louis Park, St. Paul park, Stillwater, Wayzata, White Bear Lake 8 5/25/2012 Recommended Rates — Electric Residential $2.50/mo C&I Range $3,00/mo - $45.00/mo 1 Ali�a l $995,637/yr Recommended Rates — Gas Residential $2.50/mo C&I Range $3.00/mo - $45.00/mo Total $1,025,490/yr 5/25/2012 Annual Revenue Electric = $995,637 Gas = $1,025,490 Total = $2,021,127 Citizen Communication City Council (January, March and June 2012) Open House (March 2012) Community Engagements (Winter_ Spring 2012) Commentary for EP News and Sun Current (2012) City Manager blog (March 2012) lacebook City website Life in the Prairie bi-monthly newsletter CITY NEWS email 10 5/25/2012 Questions 11 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 2012. AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, DBA KEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF EDEN PRAIRIE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Glinance, the folio wing capitalized terms listed in alphabetical order shall have the following meanings: 1 City. The City of Eden Prairie, County of Hinepin, State of Minnesota. 2 City h7lity System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sanitary sewer, storm sewer and water service, but etiluding facilities fo r providing heating, lighting or other forms of energy. 3 Commission. The Minnesota Public b7lities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public fillies Commission. 4 Company. Northern States Power Comp any, a Minnesota corporation, db. l Energy, its successors and assigns. $ Electric Facilities. Electric transmi ssion and distribution towers, poles, lines, guys, anchors, conduits, fires, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 6 Notice. A written notice served by one pa rty on the other party referencing one or more provisions of this Olinance. Notice to Company shall be mailed to the General Counsel, 1 Vicollet Mall, flu Floor, Minneapolis, MN ifNotice to the City shall be mailed to the City Administrator, City kIl, Mitchell Ro ad, Eden Prairie, MN 4 Either party may change its respective address for the purpose of this Olinance by written notice to the other party. I Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. S Public Way. The area on, over or be low any street, alley, walkway, bikeway, public utility easement or other public right-of-way within the City in which the City has an interest. SECTION 2. ADOPTION OF FRANCHISE. 2 Grant of Franchise. City hereby gran is Company, for a period of 9years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now eist or as they may be etended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subOct to the provisions of this alinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subOct, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2 Effective Date. Written Acceptance. Th is franchise agreement shall be in force and effect from and after passage of this elinance, its acceptance by Company, and its publication as regired by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within Odays after publication. 2 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subct to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subOct to the provisions of Minnesota Statutes, Section BO 4 Publication Epense. The epense of publication of this alinance will be paid by City. 2 Dispute Resolution. f either party assert s that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notifica tion shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. r the dispute is not resolved within &lays of th e written notice, the parties may j intly select a mediator to facilitate further discussion. The parties will Nally share the fees and epenses of this mediator. f a mediator is not used, or if the parties are unable to resolve the dispute within &lays after first meeting with the selected me diator, either party may commence an action in 2 District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or eqity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3 Location of Facilities. Electric Fac ilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City hility System therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subct to permits if reqired by separa to ordinance and to other reasonable regulations of the City to the Bent not in consistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City§ reqest, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement pro.Oct, but only to the eent such conduit is uncovered by eaavation as part of the City improvement proct. 2 Field Locations. Company shall pr ovide field locations for its underground Electric Facilities within City consistent with the retlirements of Minnesota Statutes, Chapter 3 Street frnings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if reqired by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency eists reqiring the immediate repair of Electric Facilities. h such event Company sh all notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any reqired permits and pay any reqired fees. 4 Restoration. After undertaking any wo rk reqiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly eisted, and sh all maintain any paved surface in good condition for two years thereafter. The wo rk shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, eqipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to meed five days, the right to make the restoration at the epense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section abut the City hereby waives any reqirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be reqi red, under a separate eisting or future ordinance 3 of the City, of a person or entity obtaining the City§ permission to install, replace or maintain facilities in a Public Way. 3 Avoid Damage to Electric Facilities. Nothing in this filinance relieves any person from liability arising out of the failure to earcise reasonable care to avoid damaging Electric Facilities while performing any activity. 6 Notice of hriprovements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: Othe nature and character of the improvement s, (i)the Public Grounds and Public Ways upon which the improvements are to be made, (ii)the eent of the improvements, (v)the time when the City will start the work, and Off more th an one Public Ground or Public Way is involved, the order in which the work is to proceed. Th e notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3 Shared ii of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. ii addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4 RELOCATIONS. 4 Relocation of Electric Facilities in Public Ways. f the City determines to vacate a Public Way for a City improvement proct, or at City§ cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City idity System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City§proposed public improvement. EKept as provided in Section 4 Company shall relocate its Electric Facilities at its own epense. The City shall give Company reasonable notice of plans to vacate for a City improvement proct, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City bility System. r a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company epens e, the City shall reimburse Company for non- betterment costs on a time and material basis, provided that if a subsetlent relocation is refired because of the elension of a City b7lity Syst em to a previously unserved area, Company may be regired to make the subsegent relocation at its epense. Nothing in this finance retlires Company to relocate, remove, replace or reconstruct at its own epense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City bility System or other City improvement. 4 Relocation of Electric Facilities in Pub lic Ground. City may regire Company, at Company§ epense, to relocate or remove its Electric Facilities from Public Ground upon a 4 finding by City that the Electric Facilities have become or will become a substantial impairment to the eiiting or proposed public use of the Public Ground. 4 Procts with Federal Funding. Reloca tion, removal, or rearrangement of any Company Electric Facilities made necessary because of the eension into or through City of a federally-aided highway project shall be govern ed by the provisions of Minnesota Statutes, Section 0 as supplemented or amended. t is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and e}tense resulting theref rom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acqired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company§rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the eent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subsOct to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6 hdemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injiry to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence eKept for losses or claims arising out of or alleging the City§ negligence as to the issuance of permits for, or inspection of, Company§ plans or work. The City shall not be indemnified if the injiry or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company§ determination. 6 Defense of City. h the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and epense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejidiced by lack of such notice. f Company is reqired to indemnify and defend, it will thereafter have control of such litigation, but Company may not 5 settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third partie s, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be in terpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes Chapter 4 SECTION 7. %CATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. EKept where regire d for a City improvement pro.Oct, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and epense re suiting from such relocation are first paid to Company. h no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section a SECTION 8 CHANGE IN FORM OF GO1 RNMENT . Any change in the form of government of the City shall not affect the validity of this fdlinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this filinance. SECTION 9 FRANCHISE FEE. 9 Fee Schedule.During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee not to eKeed five percent fif the Comp any§ Gross Revenues, as hereinafter defined, by collecting the amounts calculated on a flat fee basis as indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section shall not eaeed the following amounts. Class Fee Per Premise Per Month Residential Sm C &Non-Dem Sm C &Demand ';11 Large C & V Public Street Ltg $J Muni Pumping ND V MuniPumping-Dem V 9 Separate fAinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least allays after written notice enclosing such proposed ordinance has been served upon Company by 6 certified mail. The fee shall not become effective until the beginning of a Company billing month at least lays after written notice enclos ing such adopted ordinance has been served upon Company by certified mail. Section 2shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this t inance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section ":bove shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9 Terms Defined.For the purpose of this Section 9the following definitions apply: 9 Customer Class"shall refer to the classes listed on the Fee Schedule and as defined or determined in Company§ electric tariffs on file with the Commission. 9 Fee Schedule"refers to the sc hedule in Section 9setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9 Gross Revenue"means all sums, eluding any surcharge or similar addition to the Company§ charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee, received by the Company from the sale of electricity to its retail customers within the corporate limits of the City. 9 Collection of the Fee. The franchise f ee shall be payable garterly and shall be based on the amount collected by Company during the period for which payment is to be made by imposing a surcharge eNal to the designated franchise fee beginning on the agreed effective date for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last bus Mess day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice regirements and not occur more often than annually and no change shall regire a collection from any customer for electric service in mess of the amounts specifically permitted by this Section 9 The time and manner of collecting the franchise fee may be subbct to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount egal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company§ applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subbct to subsegent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. h addition, the Company agrees to provide at the time of each payment a statement summarizing how the 7 franchise fee payment was determined, including information showing any adpstments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9 Egivalent Fee Regirement.The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City garterly or more often collects a fee or tax)f the same or greater egivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to regire a franchise fee or to impos e a taxThe same or greater egivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or taxshall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. f the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9the foregoing conditions will be waived to the Bent of such written consent. SECTION 10. PROISIONS OF ORDINANCE. @ Severability. Every section, provision, or part of this flinance is declared separate from every other section, provision, or part and if any section,provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this falinance, the provisions of this Glinance shall prevail. ID Limitation on Applicability. This ffiinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (ncl uding 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 in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subct of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. f an amendment is agreed upon, this filinance may be amended at any time by the City passing a subsegent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company§ written consent thereto with the City Clerk within days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. 8 FRST READ at a regular meeting of the City C ouncil of the City of Eden Prairie on the Eh day of March, 0 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 day of Z 0 Nancy Tyra-Luken, Mayor Attest: Kathleen Porta, City Clerk 9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA NATURAL GAS FRANCHISE ORDINANCE ORDINANCE NO. 2012 AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., II CENTERPOINT ENERGY MINNESOTA GAS CENTERPOINT ENERGY)' ITS SUCCESSORS AND ASSIGNS, A NONEKLU SW FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQI PMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIXTE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA, FOR SUCH PURPOSE;AND, PRESCRIBI NG CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Glinance, the folio wing capitalized terms listed in alphabetical order shall have the following meanings: 1 CI . The City of Eden Prairie, County of Ninepin, State of Minnesota. 2 C%UIS10 . Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but erludi ng facilities for providing heating, lighting, or other forms of energy. 3 Cii . The Minnesota Public ',lilies Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public !Rifles Commission. 4 Cai . CenterPoint Energy Resources Corp, dba CenterPoint Energy Minnesota Gas centerPoint Energy)'its succe ssors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subct to this Franchise. $ Ga Ei . Gas Energy includes both re tail and wholesale natural, manufactured or mirad gas. Franchise fAinance-CenterPoint Energy 11Page 6 GaFk . Gas transmission and distribution pipes, lines, ducts, fitures, and all necessary eqipment and appurtenances ow ned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. 2 Nb A writing served by any party or part ies on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division lie President, (LaSalle Avenue, Minneapolis, Minnesota g'To tice to the City shall be mailed to City of Eden Prairie, Administrator, Mitchell Road, Eden Prai rie, MN 4 Any party may change its respective address for the purpose of this elinance by written Notice to the other parties. $ OdThis gas franchise ordinance, also referred to as the Franchise. 9 PbWv . Any highway, street, alley or of her public right-of-way within the City. @ PhGd Land owned or otherwise cont rolled by the City for utility easements, park, trail, walkway, open space or other public property, which is held for use in common by the public or for public benefit. SECTION 2. ADOPTION OF FRANCHISE. 2 Ga'h . City hereby grants Company, for a period of Dears from the date this finance is pa ssed and approved by the City, the right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now eiit or as they may be elended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subct to the provisions of this Glinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subct, however, to such reasonable regulations as may be im posed by the City pursuant to a public right-of-way ordinance or permit reqirements adopted consistent with state law. 2 EID$W p . This Franchise shall be in force and effect from and after the passage of this Edina nce and publication as reqired by law and its acceptance by Company. The City, by Council reso lution, may revoke this franchise agreement if Company does not file a written acceptance with the City within days after publication. 2 SiGaR4 . The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are sub.Ot to the elusive j risdiction of the Commission. 4 PhEp . City shall pay the eve nse of publication of this filinance. Franchise fiinance-CenterPoint Energy 2 IPage 3 DiRh . f either party asse rts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notifi cation shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. f the dispute is not resolved within &lays of th e written Notice, the parties may pintly select a mediator to facilitate further discussion. The parties will Nally share the fees and epenses of this mediator. f a mediator is not used or if the parties are unable to resolve the dispute within &lays after first meeting with the selected me diator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or egity. 9 Ck . f the City and the Comp any are unable to agree on the terms of a new franchise by the time this Franchise epires, this Franchise will remain in effect until a new franchise is agreed upon, or until Slays after the City or the Company serves written Notice to the other party of its intention to allow Franchise to epire. Weyer, in no event shall this Franchise continue for more than one year after epiration of the 9year term set forth in Section 2 SECTION 3. LOCATION, OTHER REGULATIONS. 3 Lh 6 Fk . Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City b7lity System. Gas Facilities may be located on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities shall be subct to re asonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the Bent not inconsistent with a specific term of this Franchise. 2 StO@ Company shall not open or di sturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if rectired by a separate ordinance, for which th e City may impose a reasonable fee, unless the City is receiving a franchise fee pursuant to this Glinance, in which case all permit fees will be waived. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public-right-of-way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if Oan emergency eiits regiring the immediate re pair of Gas Facilities and (i)Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible.Within two business days after commencing the repair, Company shall apply for any rettired permits and pay any milked fees. 3 Rh . After undertaking any work re airing the opening of any Public Way or Public Ground, the Company shall restore the Public Ways or Public Grounds in accordance with Minnesota Rules, S Compa ny shall restore the Public Ground to as good a condition as formerly eisted, and shall maintain the surface in good condition for six months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, egipment and Franchise flinance-CenterPoint Energy 3 IPage material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to eKeed five days, the right to make the restoratio n of the Public Ways or Public Grounds at the epense of Company. Company sh all pay to the City the cost of such work done for or performed by the City. The Company shall not be milked to post a c onstruction performance bond. 4 AUVGaFk . The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property.The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property, or the elements. Per Minnesota Statute 1DO the City must take protective measures when it performs work near the Gas Facilities. 3 Nb6I$St . The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: Othe nature and character of th e improvements, (i)the Public Ways or Public Grounds upon which the improvements are to be made, (ii)the dent of the improvements, (v) the time when the City will start the work, and ()if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 8 MgIb► . f reqested by City, the Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the reclirements of Minnesota Rules find 4 3 Emile As emergency first-responders, when a public safety concern eiits both the City and Company shall respond to gas emergencies within the City without additional direct fee or epense to either City or Company. SECTION 4 RELOCATIONS. 4 R l*VwPl1 . The Company and City shall comply with the provisions of Minnesota Rules ¢with respect to reqests for the Company to relocate Gas Facilities located in either Public Ways or Public Grounds. WW1 W 1 . Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the etension into or through City of a federally aided highway proct shall be gover ned by the provisions of Minnesota Statutes Sections&nd 6 Franchise fAinance-CenterPoint Energy 4P a g e SECTION 5. INDEMNIFICATION. S I iC#7 . Company shall indemnify and hold the City harmless from any and all liability, on account of inj.uy to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The C ity shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission eiKept for losses or claims arising out of or alle ging the City§ negligence as to the issuance of permits for, or inspection of, Company§plans or work. 3 Dfi 6 CV . h the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and epense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prej.idiced by lack of such Notice. f Company is regired to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City.The Company, in defendi ng any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This Franchise agreement shall not be inte rpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 4 SECTION 6. %CATION OF PU BLIC WAYS AND PUBLIC GROUNDS. The City shall give Company at least two weeks prior written Notice of a proposed vacation of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota Rules Sand Minnesota Rules (with respect to any retlest for vacation. SECTION 7. CHANGE IN FORM OF GOIRNMENT. Any change in the form of government of the City shall not affect the validity of this elinance. Any governmental unit succeeding the C ity shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Olinance. SECTION 8 FRANCHISE FEE. $ FoDuring the term of the franchise he reby granted, the City may charge the Company a franchise fee. The Company will admi nister the collection and payment of franchise fees to City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat per meter basis, or by some other method that is mutually acceptable to both City and Company for each retail customer within the corporate limits of the City. The amount of the fee collected may differ for each customer class. Th e City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not eae ed any amount that the Company may legally charge to its customers Franchise flinance-CenterPoint Energy 5IPage prior to payment to the City. f the Company claims that the City reqired fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. f the City and Company are unable to agree, the disagreement shall be subct to the Dispute Resolution provisions of this falinance. 8 Sp Oil The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective da to of the franchise fee ordinance shall be no less than ninety plays after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not regired to collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law, provided the Company notifies the City Council of the same within the ninety play period. 8 CiliFe . The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to reqire a franchise fee or similar fee through an agreed-upon franchise. 8 Ch6Fe . The franchise fee shall be payable not less than qarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance reqirements and the fee may not be changed more often than annually. Such fee shall not meed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is sub.Oct to subseqent reductions to account for uncollectibles and customer refunds incurred by the Company.The Company sha 11 not be responsible to pay City fees that Company is unable to collect under Commission rules or order. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company§ determination of the franchise fee payments. 8 Ch6FWFe . f this franchise epires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise epire s, will remain in effect until a new franchise is agreed upon.bbvever, the franchise fee will not remain in effect for more than one year after the franchise epires as stated in Section Eof this Franchise. f for any reason the franchise terminates, the franchise fee will terminate at the same time. SECTION 9 ABANDONE D FACILITIES. The Company shall comply with Minnesota Statutes, Section Met seqand Minnesota Rules ¢ as they may be amended from time to time with respect to abandoned facilities located in Public Ways and Public Grounds. The Company shall maintain records describing the exct locati on of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City§ reqest and comply with the Franchise fAinance-CenterPoint Energy 6IPage location regirements of Section 600avith re spect to all Gas Facilities, including abandoned and retired Gas Facilities not located in Public Ways and Public Grounds. SECTION 10. PROISIONS OF ORDINANCE. 0 Si . Every section, provision, or part of this Edina nce is declared separate from every other section, provision, or part;and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this falinance, the provisions of this elinance shall prevail. ID Lt.&II . This Glinance constitutes a franchise agreement between the City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (ncluding the public at large)so as to constitute any such person as a third party beneficiary of this falinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party may propose at any time that this Franchise Oli nance be amended. Franchise finance may be amended at any tim e by the City passing a subsegent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company§written consent thereto with the City Clerk within flays after the effective date of the amendatory ordinance. f the Company doe s not consent to the amendment, the ordinance containing the amendment shall be revoked by City. Passed and approved:AD FRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 01 day of March, 0 and finally read and adopte d and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of 0 Nancy Tyra-Lukens, Mayor Attest: Kathleen Porta, City Clerk Franchise flinance-CenterPoint Energy 7IPage Mayor of the City of Eden Prairie, Minnesota Attest: City Clerk, Eden Prairie, Minnesota Franchise fAinance-CenterPoint Energy $Page ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. CITY OF EDEN PRAIRIE, HENNEPIN COUNTY,MINNESOTA AN ORDINANCE GRANTING TO THE MINNESOTA VALLEY ELECTRIC COOPERATIVE (MVEC), ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF EDEN PRAIRIE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, HENNEPIN COUNTY,MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Eden Prairie,County of Hennepin,State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sanitary sewer, storm sewer and water service,but excluding facilities for providing heating,lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies,including an agency of the federal government,which preempts all or part of the authority to regulate electric retail rates. 1.4 Company. The Minnesota Valley Electric Cooperative (MVEC),its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to The General Manager, Minnesota Valley Electric Cooperative, 125 MVEC Drive, Jordan MN 55352. Notice to the City shall be mailed to the City Administrator, City Hall, 8080 Mitchell Road, Eden Prairie, MN 55344. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose,which is held for use in common by the public. 1.8 Public Way. The area on, over or below any street, alley, walkway, bikeway, public utility easement or other public right-of-way within the City in which the City has an interest. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light,heat,power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date;Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Company's Board of Directors. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes,Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City,if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter,Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same,including paving and its foundation,to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have,after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required,under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions,alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire,water utility,police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with safety or the use of such poles or towers by Company,by another electric utility,by a telephone utility,or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. Any City facilities shall be installed and maintained as required by the National Electric Safety Code. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way,it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non- betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation,removal,replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expenses resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes,Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall,without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee not to exceed five percent (5%) of the Company's Gross Revenues, as hereinafter defined, by collecting the amounts calculated on a flat fee basis as indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Fee Per Premise Per Month Residential $ 2.50 Sm C&I—Non-Dem $ 3.00 Sm C&I—Demand $ 10.00 Large C&I $ 45.00 Public Street Ltg $ 0 Municipal Pumping—N/D $ 0 Municipal Pumping—Dem $ 0 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric rate schedule or on file with the Commission. Fee Schedule'lefers to the sc hedule in Section %etting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. Cross Revenue'ineans all sums, ealuding any surcharge or similar addition to the Company charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee, received by the Company from the sale of electricity to its retail customers within the corporate limits of the City. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee beginning on the agreed effective date for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined,including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City quarterly or more often collects a fee-of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier,provided that,as to such a supplier,the City has the authority to require a franchise fee. The"same or greater equivalent amount" shall be measured, if practicable,by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure 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 in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: ,2012. Mayor Attest: City Clerk Date Published: Minnesota Valley Electric Cooperative Board Chair Date Minnesota Valley Electric Cooperative Board Secretary Date FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the _ day of , 2012, 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 day of , 20_. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ELECTRIC FRANCHISE FEE ORDINANCE ORDINANCE NO. -2012 AN ORDINANCE IMPLEMENTING AN ELECTRIC SERICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, DBA KEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROIDING ELECTRIC SERICE WITHIN THE CITY OF EDEN PRAIRIE THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: SECTION 1. The City of Eden Prairie Municipa 1 Code is hereby amended to include reference to the following Special elinance. SR. Pp . The Eden Prairie City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Eden Prairie. 4) Pursuant to City fillinance = 0 a Franchise Agreement between the City of Eden Prairie and Northern States Power Company, a Minnesota corporation, dba l Energy, its successo rs and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, db.a l Energy, its successo rs and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. SIl2 . FhFe Sin A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, db,a l Energy, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this fdlinance, commencing with the&1 Energy Oober, (billing month. This fee is an account-based fee on each premise and not a meter-based fee. h the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. f a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. I the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. li the event any en tities covered by this ordinance have more than one premise, each premise oddress)shall be sub.Oct to the appropriate fee. Ii the event a gestion arises as to the proper fee amount for any premise, the Company§ manner of billing for energy used at all similar premises in the city will control. 1 SU3. POI . The said franchise fee sha 11 be payable to the City in accordance with the terms set forth in Section> f the Franchise. Slid Su . The City recognizes that the Minnesota Public h7lities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Wl Energy will surcharge its customers in the City the amount of the fee. S . RtfipW 1 Energy shall make each payment when due and, if regired by the City, shall pr ovide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjistments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Eli . Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2of the Franchise Agreement. Ste. Ei®> F e . The effective date of this flinance shall be after its publication and ninety Ala ys after the sending of written notice enclosing a copy of this adopted falinance to W1 Energy by certified mail. Collection of the fee shall commence as provided above. FRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of Jftand 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 _day of 9 Nancy Tyra-Lukens, Mayor Attest: Kathleen Porta, City Clerk 2 SCHEDULE A FiFeRh Electric h7lity The franchise fee shall be in an amount determined by applying the following schedule per customer premiseter month based on metered service to retail customers within the City: Class Amount per month Residential $ Sm C &Non-Dem $ Sm C &Demand 0) LargeC & $ Franchise fees are to be collected by the b7lity at the rate listed below, and submitted to the City on a garterly basis as follows: January-March collections due by April 9 April—June collections due by July 3 July-September collections due by Oober 3 Qober-December collections due by January 3 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA NATURAL GAS FRANCHISE ORDINANCE ORDINANCE NO. 2012 AN ORDINANCE IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNESOTA GAS CENTERPOINT ENERGYj'FOR PROIDING GAS ENERGY SERICE WITH IN THE CITY OF EDEN PRAIRIE. THE CITY COUNCIL OF THE CITY EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA ORDAINS: SECTION 1. DEFINITIONS. t) Definitions. For the purposes of this 0 dinance, the following terms shall have the following meanings: # City means the City of Eden Prairi e, County of Ninepin, State of Minnesota. f Company, means CenterPoint Energy Minnesota Gas centerPoint Energy)'its successors and assigns. f Franchise Agreement means the franchise agreement between the City and Company pursuant to City fi.inance • Notice means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division lie President, E,aSalle Avenue, Minneapolis, MN @ Notice to City shall be mailed to the City Clerk at Ovlitchell Road, Eden Prairie, MN 4 SECTION 2. PURPOSE. The Eden Prairie City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City. Pursuant to the Franchise Agreement the City has the right to impose a franchise fee on Company. SECTION 3. FRANCHISE FEE STATEMENT AND SCHEDULE. A franchise fee is hereby imposed on Company commencing with the Oober, (billing month, and in accordance with the following fee schedule: Franchise Fee finance CenterPoint Energy Customer Classification Amount per Account per Month$ Residential 'l•:.er month Firm A 'f;,er month Firm B ',+is er month Firm C Iter month Small Mume, Dual Fuel A PH A)' iter month Small Mume, Dual Fuel B 1JF By Ster month Large Mume, Dual Fuel C,FbFj' Ster month SECTION 4 ACCOUNT FEE. This fee is an account based fee and not a meter-based fee. Ii the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. Ii the event any entities covered by this ordinance have more than one account, each account shall be sub*ct to the appropriate fee. h the event a ilestion arises as to the proper fee amount for any account, the highest possible fee amount shall apply. SECTION 5. PAYMENT. Franchise fees are to be collected by the Company and submitted to the City as follows: January-March collections due by April 9 April-June collections due by July 3 July-September collect ions due by Qober 3 @ober-December collections due by January 3 SECTION 6. RECORD SUPPORT FOR PAYMENT. The Company shall make each payment when due and, if rer}ested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjistments to the total made to account for any non-collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, access to the Company§ records for the purpose of verifying such statements. SECTION 7. PAYMENT ADJUSTMENTS. Payment to the City will be adjisted where the Company is unable to collect the franchise fee. This includes non-collectible accounts. SECTION 8 SURCHARGE . The City recognizes that th e Minnesota Public fifties Commission may allow the Company to add a surcharge to customer rates to reimburse the Company for the cost of the fee. SECTION 9 DISPUTE RESOLUTION . f either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. I the dispute is not resolved within fflays of the written notice, the parties may j intly select a medi ator to facilitate further discussion. The parties will egally share the fees and epenses of this mediator. I a mediator is not used or if the parties are unable Franchise Fee finance CenterPoint Energy to resolve the dispute within flays after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this ordinance or for such other relief permitted by law. SECTION 10. EFFECTIE DATE OF FRANCHISE FEE . The effective date of this elinance shall be after its publication and ninety oda ys after sending written notice enclosing a copy of this adopted Glinance to Company by certified mail. Collection of the fee shall commence as provided above. SECTION 11. RELATION TO FRANCHISE AGREEMENT. This ordinance is enacted in compliance with the Franchise Agreement and shall be interpreted as such. SECTION 13. PERMIT FEES. The Company will administer the collection and payment of franchise fees to the City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City so long as the following retlirements are met: f The Company applies for any and all perm its, licenses and similar documentation as though this provision did not eist. f The Company reqests the fee to be waived at the time of application. FRST READ at a regular meeting of the City C ouncil of the City of Eden Prairie on the day of Z 0 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 day of Z 0 Nancy Tyra-Lukens, Mayor Attest: Kathleen Porta, City Clerk Franchise Fee finance CenterPoint Energy CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ELECTRIC FRANCHISE FEE ORDINANCE ORDINANCE NO. 2012 AN ORDINANCE IMPLEMENTING AN ELECTRIC SERICE FRANCHISE FEE ON MINNESOTA XLLEY ELECTRIC COOPERAT I>Z, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROIDING ELECTRIC SERICE WITHIN THE CITY OF EDEN PRAIRIE THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: SECTION 1. The City of Eden Prairie Municipa 1 Code is hereby amended to include reference to the following Special fdlinance. SR. Pp . The Eden Prairie City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Eden Prairie. 4) Pursuant to City falinance = 01 a Franchise Agreement between the City of Eden Prairie and Minnesota Mley Electric Cooperative, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on, Minnesota Mley El ectric Cooperative, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section ¶•f the Minnesota Ailey Electri c Cooperative Franchise and in the fee schedule attached hereto as Schedule A. SW . FhFe Sin A franchise fee is hereby imposed on Minnesota Mley Electric Cooperative, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this elinance, commencing with the Minneso to Mley Electric Cooperative September, I billing month. This fee is an account-based fee on each premise and not a meter-based fee. h the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. f a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. f the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. h the event any en tities covered by this ordinance have more than one premise, each premise oddress)shall be sub ct to the appropriate fee. Ii the event a gestion 1 arises as to the proper fee amount for any premise, the Company§ manner of billing for energy used at all similar premises in the city will control. 5113. Pgn . The said franchise fee sha 11 be payable to the City in accordance with the terms set forth in Section the Franchise. Sl�1 Sk . The City recognizes that the Minnesota Public h7lities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Minnesota Alley Electric Cooperative will surcharge its customers in the City the amount of the fee. S . RtffiPkilvlinnesota Ailey Electric Cooperative shall make each payment when due and, if regired by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjistments to the tota 1 surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. S116. Efii . Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2of the Franchise Agreement. SW. Eint 'WFe . The effective date of this flinance shall be after its publication and ninety Ph ys after the sending of written notice enclosing a copy of this adopted finance to Minnesota Mley Electric Cooperative by certified mail. Collection of the fee shall commence as provided above. FRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of rand 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 _day of 9 Nancy Tyra-Lukens, Mayor Attest: Kathleen Porta, City Clerk 2 SCHEDULE A FiFeRd Electric laity The franchise fee shall be in an amount determined by applying the following schedule per customer premisePer month based on metered service to retail customers within the City: Class Amount per month Residential • Sm C &Non-Dem $ Sm C &Demand LargeC & $ Franchise fees are to be collected by the b7lity at the rate listed below, and submitted to the City on a garterly basis as follows: January-March collections due by April 0 April June collections due by July 3 July-September collections due by Qober 3 @ober-December collections due by January 3 3 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 5M DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: X Sue Kotchevar, Oice of the Payment of Claims City ManagerFinance RV] Move to: Approve the Payment of Claims as submitted roll call vote) Sp Checks 1111 Wire Transfers e Wire Transfers CA City of Eden Prairie Council Check Summary Division Amount Division Amount General 83 8 WAFTA 6 @ City Manager J3 8 Escrow Fund (I) Legislative 0 Benefits Fund 0 Legal Counsel 0 hvestment Fund Jt @ Contingency 0 Workers Comp hsurance 4 @ City Clerk 9 2 Property hsurance 7 1 Customer Service J8 8 Fleet hternal Service 2 Milan Resources 3 8 IF hternal Service 3 Communications I Facilities Capital SF (� 4 Benefits&raining f2 8 Facilites tikrating SF 0 Assessing B 8 Facilites City Center SF 3 Finance JO $ Facilites Comm.Center SF 23 3 busing and Community Services 3P TII16d'd 1,53,38 3 Planning 8 8 Public Safety Communications I Economic Development 0 Repiil'6 1 3,30,757 @ Park Administration 8 3 Park Maintenance 2 Parks Capital clay (lA 3 qanized Athletics �. 3 Community Center 2 Special Events 43 3 Senior Center ?� 9 Recreation Administration 9 8 Arts ,1Fi 2 61door Center J� 6 Arts Center J0 @ Police 49 I Fire 9 Engineering @ 8 Street Maintenance 9 Street Lighting TIGIFd 727,058 9 CDBG 0 Cemetary titration 8 g Senior Board @ E-9 9 9 DWlForfeiture 2 TIF4Rdi'd 29152 4 Shady k Rd-CR North 41) 4 Shady lik Rd-CR south TICI16Wd 106 2 CP Trails 03 TICIPFd 6,39 @ Prairie!Cage Ligor 0 Den Road Ligor 6 Prairie lbw Ligor 3/3 6 Den Road Building ® Water Fund 0 Sewer Fund 0 Storm Drainage Fund TWff'd 8,328 City of Eden Prairie Council Check Register fl) Check# Amount {idor/Eplanation Account Description Business bit EPlanation S Ili HALTHARTNERS MedicalDental Premiums thlth and Benefits June HdthDental Premium i 31 CERDAN State Tags Withheld filth and Benefits Tags Withheld ® $ CERDAN State Tags Withheld alth and Benefits Tags Withheld i $ l EL ENERGY Electric City ill-CAM Monthly hhity Ilf i SRF CNSUTNG GRIINC Design(Engineering Shady f3`k Rd-CR North Shady Ilk Rd-CR(North S 33 NEW WILD SSTEMS Software Maintenance IT(*rating Maintenance Agreement 3 )3 PHLE EMPL1r3ES RETREMENT AS PERA Hilth and Benefits PERA 4 $ PHLC EMPL1r3ES RETREMENT AS PERA Hilth and Benefits PERA ® a SRF CNSUTNG GRE NC inprovement Contracts Shady Iik RoadCR(NINTH Shady Ilk RD-CR(North 4 93 MNNESDA DEPT DREENII Cash€brShort General Fund • '3 HNNEPN CNT1IREASBIER Licenses Slags City liil-Direct Costs I M BLII WATER SCENCE filer Contracted Services Storm Drainage • 33 MN DNR WATERS Licenses,Permits,Tags 171ity(rations-General 3 93 ND WND ERRCBE Capital tiler$) Fitness Center 3 $ ND WND EKRCEE Capital hider$3 Fitness Center i $ JNSN BRDHRS L4 CO Transportation Den Road Liqor Store i A JNSN BRDHRS LI1 CO Transportation Prairie lbw Liqor Store II ( Jl3SN BRDHRS L4 CO Transportation Den Road Liqor Store I 33 WRTBEIIRAGE MNNESDA Transportation Prairie iiw Liqor Store 9 $ GREGERSN Rain JNSN&ILA Legal Legal Council S )3 Ohl D CMIPAN'IC Motor Fuels Fleet jkrating Ill $ SDIIRN WNE&PRITS DMN Liqor Prairie Tillage Liqor Store • A DFRSE BUDNG MANTENANCE Janitor Service Senior Center II $ SWOP Software Maintenance IF berating 3 $ WRTBEIFRAGE MNNESDA BEER Beer Den Road Liqor Store • 3 ABM JANIF(AAALSERVES-NOTW Janitor Service illJlity Nkrations-General I )3 LEAGII MN CITES NS TRIO' hsurance Property hsurance ® $ DIdRSE BUDNG MANTENANCE Janitor Service Senior Center Ill (9 DOGE DBBINS11LE Autos General Government 4 33 NG Deferred Compensation General Fund III 03 PIWKNS NC Eqipment Repair Taint Water Capital 3 I0 NG Deferred Compensation General Fund I A3 NITED STATES TREASl3IY Pension-SSFica Reserve S $ EMERGENCWPPARATIIMANTENANC Eqipment Repair Taint Fire I 33 WRTBEWRAGE MNNESDA BEER Transportation Den Road Liqor Store I dB SDHRN WNE&PRITS DMN Transportation Den Road Liqor Store i 0 MDWEST PLAYCAPES Machinery(Eqipment Capital flay Parks 01 A BRABR BASSOATES LTD inprovements to Land Capital InprMaint Figd ® n. TRIPE DETRBUJNG Beer Den Road Liqor Store Ii 01 CMA RETREMENT TREIT-i Deferred Compensation General Fund I $ CMA RETREMENT TRIIT-i Deferred Compensation General Fund 01 A RENDERS NC Chemicals Park Maintenance I 0 SDHRN WNE .:PRITS DMN Transportation Den Road Liqor Store ® ;i WALL TRENDS NC Contract Svcs-General Bldg Public WorksParks I 0 PEARSN BRDHRS NC Sweeping Storm Drainage I 0 JJ TATIO DETRBUJNG MNNESO Transportation Den Road Liqor Store I 43 BNNER 83E013RT LLP Legal Legal Criminal Prosecution Check# Amount Siidor/E}tlanation Account Description Business hit Elalanation • 321 ENIKNMENTAL PROESS NC Contract Svcs-MC be Arena Maintenance 9 ]S WRTBEFRAGE MNNESDA Liqor Den Road Liqor Store ® B MOLTER GRAN NC Lime Residual Removal Water Treatment Plant 9 )3 HWA''ECNDOES NC Contracted Striping Traffic Signs ® 315 PHLPS WNE AND SPRIGS NC Transportation Prairie I1w Liqor Store 9 R GRAMNT Treatment Chemicals Water Treatment Plant • )2 CENTERPNT ENERGYERIVES N Gas Water Treatment Plant 9 WRTMEERAGE MNNESDA Transportation Prairie N?lage Liqor Store (1/ D TRIPE DSTRB1UNG Beer Den Road Liqor Store 9 )3 N3.LC Software Water Capital 9 12 GNNAR ELECTRC C(NC Contract Svcs-Electrical Cummins Grill blase 9 J9 SEASNED REMDELERS LLC flier Contracted Services Rehab 9 11/ TOPE DETRB1DNG Beer Prairie/Rage Liqor Store 9 9f PHLPS WNE AND SPRIGS NC Transportation Den Road Liqor Store 9 iit WNE MERCINTS NC Transportation Den Road Liqor Store 9 I'; PHLPS WNE AND SPRIGS NC Transportation Prairie IIw Liqor Store 9 (2 MIT ELLIIT HNDRCKSN NC improvement Contracts improvement Proccts 9 3 0 HI DEERE LANDSCAPESLESCO fikrating Supplies Park Maintenance 9 IS JJ TAIL DSTRB1UNG MNNESO Transportation Prairie Mw Liqor Store 9 93 WENCK ASSOATES NC Design&ngineering Storm Drainage 9 IIi WRTME1a'RAGE MNNESDA BEER Beer Prairie Mw Liqor Store 9 93 PARROT CNTRACTNG NC Eqipment Repair&ilaint Storm Drainage 9 $ LFE NSBIANCE CMPAN'DNNT Life hsurance EEER Hilth and Benefits • 2/ JJ TAKE DSTRB1LING MNNESO Transportation Prairie Image Liqor Store 9 St BNNEPN CNTTREASBIER Board of Prisoner Police • 22 DADSTRB1IJNG Beer Den Road Liqor Store • 33 DA'DSTRBlUNG Beer Prairie IMw Liqor Store 9 73 DAYSTRB1 JNG Beer Den Road Liqor Store S 7) MN NTERNET PRDERS NC (her Contracted Services Communications 9 72 SEASNED REMDELERS LLC fher Contracted Services Rehab 9 SI MCF-LN(]LAKES flier Contracted Services Street Maintenance t f GRAMNT Treatment Chemicals Water Treatment Plant 9 al NB)THTAR MIIJACKNG SPECALE Mudpcking Curbs Drainage f (6 GRAMNT Treatment Chemicals Water Treatment Plant 9 l) RCTIIILNE DESUN LLC (her Contracted Services Communications 9 32 FLEET MANTENANCE NC Eqipment Repair&ilaint Fleet frrating 9 Si STRAND MANFJACTBTNG C(NC Eqipment Repair&faint Water Treatment Plant 9 21 AI$S'TEMS NC Eqipment Repair&'laint Communications 9 51 PNEER MANFJACTBING CMPANY frrating Supplies Park Maintenance 18 MPACT PRE/NI SDIEJNS Postage Water Accounting 9 19 WALL TRENDS NC Contract Svcs-General Bldg Park Shelters 9 32 WM MULLER AND SNS NC Inprovement Contracts CP Trails 8 5,) KNSKE CNSTRUTN Deposits Escrow 9 5) MDWEST WEED PIRMSTNG flier Contracted Services Storm Drainage 9 43 GRNMCS ¢krating Supplies Special hitiatives 9 41 BEST BIETNES LP. Right of Way&asement Sewer Capital 9 ;8 A-SCAPE NC Contract Svcs-Lawn Maint. Den Bldg.-CAM ® 8 METR(3ALES NCIAPBIATED* flier Rentals If¢krating 8 4I ABSUUJE RAN NC. Contract Svcs-Lawn Maint. City 11Il-CAM 9 fri BNNEPN CNT'MEDCAL CENTER Tuition ReimbursementSchool Police 2 P PSTTECHDOES NC Treatment Chemicals Water Treatment Plant Check# Amount lslidor/Eplanation Account Description Business lilt Eplanation • 4 BELLBEB)PB)ATH Transportation Den Road Liqor Store 6 41 BLACKSTNE CNTRACTRIS LLC (er Contracted Services Purgatory Creek Park I , BARR ENGNEERNG CNIPANY Design&ngineering Storm Drainage I 43 MNNESDA PPE AND EQMENT* Repair&Iaint.Supplies Water System Maintenance I 4 GARDEN ROI FRATELLE GARDEN Miscellaneous City Council 1 WNE MERCPINTS NC Transportation Prairie Mw Liqor Store 8 A SPJERE2 STRPNG NC Contract Svcs-AsphaltConcr. City Till-CAM ® 33 BELLBUE2PRATE1 Transportation Den Road Liqor Store 8 3/ CSINIAN&VAKEFELD,AS AGENT Right of Way&asement Sewer Capital I A ASPEN WASTE SNTEMS NC. Waste Disposal lenity jrkrations-General 1 3l CENTBTh'NK Telephone If Telephone II 33 MNNESDA PRNT MANAGEMENT LLC ;Bice Supplies Customer Service I 35 EMERGENCYIPPARATETMANTENANC Eqipment Repair&faint Fire • A PIWKNS NC Treatment Chemicals Water Treatment Plant I 31 CARS DTAR (her Contracted Services Rehab 9 35 GREENSDE NC Contract Svcs-Lawn Maint. Fire Station# I 35 ME DEPD CREDIT SERVES Supplies-Electrical City ill-CAM I 33 ND SCH DSTRCT 2 (her Contracted Services busing and Community Service 1 4 ALE MECPINCAL NC Building Repair&Iaint. Water Treatment Plant A EMI/MENTAL EINENT .;ERV Eqipment Parts Fleet fikrating 9 35 RIMS EDGE CNCRETE Repair&iIaint.Supplies Storm Drainage 1 A HNSTENS NC Beer Den Road Liqor Store 2 WNE CNIPANYTH Wine Domestic Prairie Mw Liqor Store 1 3) MDWEST WEED PIRNSTNG (her Contracted Services Storm Drainage 5 3) PGfTAGE B"PNE RESERNACCO Postage Customer Service f 7) DMPC HLS GOF CLH Miscellaneous Reserves I A MDWEST PLAT RND CNTRACTE/S (her Contracted Services Capital(lay Parks I 73 NLSSISI,BETH hstructor Service lie Rink# ® A BELLBUB)PRATISI Transportation Prairie Mw Liqor Store I B JEFFERSN FRE&AFETTIC Small Tools Fire I A BRAN ROK PRDUTS NC Gravel Storm Drainage I A WNE MERCNNTS NC Transportation Den Road Liqor Store ® PASTE . NS CNIPANY Wine Domestic Den Road Liqor Store 1 A 1M WRELESS Wireless Subscription If Nerating S PASTE . NS CNIPANY Wine Domestic Prairie Mw Liqor Store 1 25 SDWEST SHBIBAN PBLENG- Printing Communications II 71 AN PAPER CNIPANY Cleaning Supplies FitnessConference-Cmty Ctr I 73 CLAREYNC Capital filler$) laity jakrations-General I DSENS EMBRDERENIPANY Clothing&lforms Illlity¢krations-General I A PNE PRDUTS NC Landscape MaterialsSupp Park Maintenance I A PIWKNS NC Treatment Chemicals Water Treatment Plant I 73 EDEN PRARE HATNG AR CNDI (her Contracted Services Rehab II 39 DAKDA SPJPL`PIRPJNC Supplies-Electrical FitnessConference-Cmty Ctr I ERLBIER PEW 1 Miscellaneous Reserves fl A H SPJPLIWATERWI3/KS LTD Eqipment Parts Water System Maintenance I A ND SC$DST 2 Gym Rental Mleyball II PASTES ."NS CNIPANY Transportation Den Road Liqor Store ® DEMETRHUN CET Laboratory Chemicals Water Treatment Plant I I XIN PAPER CNIPANY Cleaning Supplies Public WorksParks 1 33 LAKE CNTR"D!LLC Contract Svcs-General Bldg Public WorksParks I 71 WI/K CISNECTN,TH (her Contracted Services Park Maintenance Check# Amount islidor/Eplanation Account Description Business lilt Elalanation I A MARC(NC frrating Supplies IC Telephone I 72 BFFS NC Waste Disposal Park Maintenance 9 ?Z LOE LOS It frrating 6 dl WSB =.SSOATES NC Inprovement Contracts Inprovement Progcts El I A FRENET SSTEMS NC Building Repair&tlaint. Water Treatment Plant II A EARL F ANDERSEN NC Repair&Iaint.Supplies Storm Drainage H 2l RCFIELD,CIC'E Autos Public Works I A. RCFIELD,CICP) Autos Public Works I A LIJGREEN NDSITRAL SERVES Eqipment Parts Water Treatment Plant 9 A NBTHRN SAFET FECNDOPC Eqipment Parts Fleet(rating I MNNESDA XILLES LECTRC CH Electric Stormwater Liftstation A RCFIELD,C1C'D Autos Public Works I 4) NADVSKA,ANA K (Bier Contracted Services Communications a 19 MSEWER CLEAN .:EAL NC Eqipment Repair&tlaint Sewer System Maintenance I )4 EILE2ER POT 9 Miscellaneous Reserves I A MHRCRANGE Tuition ReimbursementSchool Police 9 ,D NBTHRN SAFET 1TECNDOYQC Eqipment Parts Fleet crating I $ OL1CL,OKSMICI%ERVE Capital litler$) Community Center Admin I ,O POT BfIRD Licenses SFams Police a A WNE CMPANYTH Transportation Den Road Liqor Store I 43 CJTCO frrating Supplies Fire I A WNE CMPANYTH Transportation Den Road Liqor Store I j3 PACS TWOVA'ZADD (Bier Contracted Services Public Safety Communications S )S CENTERPNT ENERGY Gas bineward II s Park I rs ::. CNIMERCAL PD SPJPLY Supplies-Pool Pool Maintenance I $ IIPWTMASTER Postage Water Accounting I ,lm LOAL 9TRANNG CENTER listructor Service laity gcrations-General 0 A STRECHRS Clothing Worms Police I .14 RUBELD,C11T Autos Police I $ KRSS PREMM PRDUTS NC Repair&ilaint-Le Rink Fe Arena Maintenance I $ BNNEPN CCTT I REASI ER Board of Prisoner Police I $ KDV Audit&inancial Finance II A MRPA Special Event Fees Softball I $ PRARE RESTFOATNS NC liter Contracted Services Storm Drainage If $ GlMR STATE NE-CALL OS-Leak Detection laity gkrations-General I $ SBIL BREWNG CO Beer Den Road Liqor Store I $ RIMS EDGE CNCRETE Supplies-AsphaltConcrete Dunn Brothers II $ PHLC SAFETEI; TENT LLC Eqipment Repair Maint Police I .4 MACQEN ANENT NC Eqipment Repair&faint Sewer System Maintenance II .f$ SEIL BREWNG CO Beer Prairie lbw Liqor Store 9 ,3 LT DALE PLANT SERVES Contract Svcs-Garden RmCaf. City ill-CAM 9 A BAHR BUT TRE AND BATTERY Tires Fleet gerating I $8 RCFIELD,CPT) Autos General Government I $ BAHR BUT TRE AND BATTERY Tires Fleet gerating Id $ STAPLES AD)INTAGE (Tice Supplies Police I A IIBANK hterest hvestment Fund A EJA MBLICIWRELESS NC Pager&ell Phone IC Berating I Td HNNEPN CNTYREASIf1ER tiler Contracted Services Sewer Capital I J2 HNNEPN CNTYREASHER flier Contracted Services Water Capital I A NATARII,FLY hsurance Property lisurance I J9 DAKDA CNTITECNCAL CDLEG Tuition ReimbursementSchool Fire Check# Amount Midor/Eplanation Account Description Business hit Elalanation 9 ,R TREASBIER,NICED STATES DAM Licenses Sams Water Treatment Plant II ,19 lt)A SAFET`EERVES LLC listructor Service Ilility jkrations-General I .S GRAPE BEGNNNGS Transportation Den Road Liqor Store ® $ XN PAPER CMPANY Cleaning Supplies City fill-CAM f Ji STATE SPJPL`CMPANY Ch Robinson-Supplies City fill-Direct Costs i IS EARL F ANDERSEN NC Signs Traffic Signs f .9 XREME NTEGRATN Eqipment Repair&ilaint IF frrating f J2 EULS MANEJACTBING CNC Repair&'Iaint.Supplies Sewer System Maintenance l JP AR ENGNEERNG NC Eqipment Repair&ilaint laity frrations-General II J9 WOK CNNECTN,TH (her Contracted Services Park Maintenance I JD WERNER ELECTRL SPJPL`CO Eqipment Parts Water Treatment Plant 9 .D MI Cl9IMERCAL PD SPJPLY Supplies-Pool Pool Maintenance • JS DBRTYSANDRA L ®er Contracted Services Mleyball 9 )5 KEEPERS Clothing&lforms Reserves 9 .I3 STATE CHMCAL MFG.COTH Repair&Iaint.Supplies Water Treatment Plant 9 J6 J BLARSN CMPANY Supplies-Electrical City ill-CAM 3 JO SWALE MCA-CHD CARE flier Contracted Services Rehab 9 JO DAK®A CNTIFECNCAL CDLEG (her Contracted Services f4anizational Services H 9 BOGET MPOTS Transportation Prairie Nlage Liqor Store f 8 L11YN&SSOATES Miscellaneous Administration I 8 MDWEST COA CDA WDTLNG CM Misc Non-Taable Prairie Mw Liqor Store 9 9 SNETTNG,TM Tuition ReimbursementSchool Qanizational Services I H CLAEN,,JESSCA R Tuition ReimbursementSchool Police A 9 GRANGER frrating Supplies Water Treatment Plant I 2 Jig DEERE LANDSCAPESLESCO Small Tools Idlity frrations-General 9 9 SJHALTHVOKS MEDCAL GRP MN Filth Sitness Fire 1 9 MENARDS Building Repair&faint. Water Treatment Plant f 8 RETRO!'RECkLNG NC Supplies-Electrical FitnessConference-Cmty Ctr )d 9 STRECBRS ¢orating Supplies Animal Control 9 9 GARDEN Rl9I FRATELLS GARDEN Special Event Fees Senior Center Programs f 8 BLNINGTN,CIF' ) flier Contracted Services Animal Control a I FASTSGNS frrating Supplies Community Center Admin f 8 MNNES DA SAFET'ERI4ES LLC Licenses,Permits,Fees Pool Lessons I S GRAPE BEGNNNGS Transportation Prairie!Cage Liqor Store 9 9 WATSN C(NC,TH Merchandise for Resale Concessions 8 8 NFPA Dues Subscriptions Fire 9 8 MOM Transportation Den Road Liqor Store 9 8 Blr)R TRUKS Eqipment Parts Fleet orating 8 ® EPC(lIiARBN DNE PRDUTS I Treatment Chemicals Water Treatment Plant 9 8 MDWEST COA CDA B IJTLNG CM Misc Taable Den Road Liqor Store 8 8 GRANC JNC Software Maintenance If frrating l $ $NSTENS NC Beer Den Road Liqor Store 9 8 ASPEN El�1VIENT CO Eqipment Repair&faint Fleet frrating 9 8 BUK,NATPIN ®er Contracted Services Softball ® 0 GRANGER Small Tools Park Maintenance 8 4 GRAND PERE WNES NC Transportation Prairie Mw Liqor Store 8 9 BRIDHRS FRE PRU)ECTN Contract Svcs-FireLifeSafe FitnessConference-Cmty Ctr 8 9 EKCW DEAN Awards City Council 9 9 SIDIMETRfBHLC SAFETYRAI Tuition ReimbursementSchool Police ® 8 DREWS CNCESSNS LLC Merchandise for Resale Concessions 9 9 RESTOATN SSTEMS NC Contract Svcs-General Bldg Den Bldg.-CAM Check# Amount Zlilidor/Eplanation Account Description Business hit Elalanation 9 0 SCNIDT,MCPIEL Tuition ReimbursementSchOOl qanizational Services f 0 WOK CNNECTN,TH flier Contracted Services Park Maintenance 9 8 KEEPERS Clothing 8alforms Fire S 0 RESCII PNE NC Eqipment Repair Taint Police 9 0 TMPSN,GREGG flier Contracted Services Environmental Education 4 i CERDAN Garnishment Withheld General Fund 0 8 CERDAN Garnishment Withheld General Fund 9 0 ONE/DSTRBIN Wine Domestic Prairie lbw Liqor Store 1 3 CSBAG@AKES DSTRB1UNG Beer Den Road Liqor Store • 8 MNNESIDA RODWAYCO Patching Asphalt Street Maintenance 9 3 DESUN DESUN Transportation Den Road Liqor Store I 2 SHLA K TRANNG NC Training Supplies Qanizational Services 8 9 RERS EDGE CNCRETE Asphalt Etrlay Street Maintenance 9 3 TRIIFABRCATNS Misc Taable Prairie l lage Liqor Store 9 ® SEIUBREWNG CO Beer Prairie Mw Liqor Store 9 g BERTELSN T®AL EFCE SOW Rice Supplies tiny gerations-General ® 8 AMARA WNES LLC Transportation Prairie Mw Liqor Store 1 8 APPLANCE(LET CENTER Supplies-General Building City Center gkrations a 6 MNNESDA DEPT DRE'NNII Motor Fuels Fleet gkrating 9 8 AMARA WNES LLC Transportation Prairie tillage Liqor Store 9 8 CENTERPNT ENERGY Gas Crestwood Park 9 6 JN DEERE LANDSCAPESLESCO Repair cMaint.Supplies Park Maintenance 1 4 MAPLE GRID PRNTNG Printing Elections 9 8 DAXNNE PA Merchandise for Resale Concessions 9 6 STATE SPJPL`CMPANY Supplies-Plumbing FitnessConference-Cmty Ctr 9 6 R®JiANDREW J. hstructor Service titdoor Center I 9 BNRYPAU flier Contracted Services Mleyball 9 9 SNPERCRAFT NC Tuition ReimbursementSchool Police 9 9 SCNSTEDT NSTRMENT CMPANY Eqipment Repair Taint Water System Maintenance 9 8 MOCK Transportation Prairie lbw Liqor Store • 8 GREENSDE NC Contract Svcs-AsphaltConcrt Dunn Brothers 9 0 BERNCKS WNE Beer Den Road Liqor Store 9 9 JN BNRT JFER MNNESiDA N Eqipment Repair Taint Water Treatment Plant 1 0 BNNEPN CNTT DEPT Eqipment Repair Taint Public Safety Communications 3 8 RAYLEE titer Contracted Services Softball 9 8 MNNESCIA ELEXTD NC Building Repair&faint. Water Treatment Plant 3 6 BNSTENS NC Beer Den Road Liqor Store 9 8 NDTWENTRAL LABDATRES Laboratory Chemicals Water Treatment Plant 9 0 NN,KEN ¢krating Supplies Police 9 5 TB SE GRII Employee Assistance fQanizational Services 9 0 GDELERY Software Maintenance IF gkrating 9 3 PETERSN BRNRFNG AND CNS Contract Svcs-Roof Fire Station 4 I 4 BNNEPN CNTT DEPT Software Maintenance IF fkrating 9 4 BNNEPN CNTT DEPT Software Maintenance IF gerating I 8 BERNCKS WNE Beer Prairie lbw Liqor Store 1 3 AAJ WASNGTN STATE CAPTER Conference Epense Fire 9 4 GNDERSN,CNSTANCE L. hstructor Service Arts Center 9 3 FLNG CLD TS 1E Waste Disposal Park Maintenance 9 3 ARN013 RSJIIVDKS NC. Eqipment Parts Park Maintenance 9 5 ASPEN WASTE SYTEMS NC. Waste Disposal Public WorksParks 11 5 FETEK,CRS frrating Supplies Police Check# Amount Midor/4lanation Account Description Business lilt Elalanation 9 6 KEEPERS Clothing&lforms Fire I 8 SAUMNEREF ELECTRNCS NC ¢krating Supplies Police I 6 SCNIIC TONG NC Training Supplies Fire 9 4 MDWEST COA CDA BOTLNG CM Misc Taable Den Road Liqor Store • • GRANGER Supplies-MC l e Arena Maintenance • 9 CMPAR NC frier 4I•dware IC!Strafing 9 8 PRARE RESTIIATNS NC flier Contracted Services Storm Drainage $ 4 RAYLEE tiler Contracted Services Softball 9 4 13$EN SERVE CMPANY !Strafing Supplies Fire 9 4 JACfLLC Misc Taable Den Road Liqor Store I 4 MEDUNE LAKE TITS Special Event Fees Trips 9 4 BERR`CEFEE CMPANY Merchandise for Resale Concessions 9 0 NEMANN,NEAL flier Contracted Services Softball • 8 MOE,LIN Clothing&lforms Summer Theatre f 4 RIMIER Contract Svcs-Plumbing Fire Station# 1 0 AMIN f4KS LANDSCAPNG Eller Contracted Services Rehab I 9 GE CAPICAL flier Rentals IC fikrating 9 9 TWN C1 FLTER SERVE NC Eqipment Parts Water Treatment Plant I 4 METRffRE Eqipment TestingCert. Fire I 4 FRREI WRELESS Telephone Park Maintenance I 0 PETT`CASTPDCE DEPT 9 9 BRODWA'AWARDS !Strafing Supplies Reserves 9 4 BARNES,BELNDA A. flier Contracted Services Mleyball 9 8 GRAND PERE WNES NC Transportation Prairie Mw Liqor Store • 4 WASTL,GREG tiler Contracted Services Softball i 4 BREMER BANK Bank and Service Charges Finance 11 4 HNNEPN CNTTREASBIER jikrating Supplies-Escrow Planning 8 4 AMERCAN BOJTLNG CMPANYTH Misc Taable Prairie Mw Liqor Store 9 4 NEW AMERCAN ACADEMY flier Contracted Services biasing and Community Service • 4 SHBIBAN CEIIKDET Eqipment Parts Fleet fikrating • 4 GREATAMERCA LEASNG C132P. Postage Customer Service 8 0 NFRATECH Repair&Iaint.Supplies Water System Maintenance • 0 CARDAC SCENCE CRIPRATN EMS Supplies Fire 9 0 MTIDSTRBIDNG NC Eqipment Parts Fleet fikrating Al 0 ABLE EE IIIIBER NC Eqipment Parts Water System Maintenance 9 0 RAYLEE flier Contracted Services Softball 9 0 METRHDICAN FED Eqipment Parts Fleet(ikrating 9 9 DE LAGE LANDEN FNANCAL SERV tier Rentals If orating 9 9 MIDODA Eqipment Repair&faint Public Safety Communications • 9 AERELEXVCIHA NC Eqipment Repair&faint Public Safety Communications 8 4 AMERICRAK frier Contracted Services Snow&e Control 9 8 SHBIBAN CHIKDET Eqipment Parts Fleet Waling 9 g B$IGET MPIDTS Transportation Prairie IMw Liqor Store I 8 IdSHELDS Repair&iIaint.Supplies Water Treatment Plant 9 9 MNNESDA WANNER CMPANY Eqipment Repair&ilaint Park Maintenance I 8 GE CAPICAL frier Rentals IF fkrating I 9 IEL ENERGY Electric Traffic Signals 9 6 MATSN,TM Small Tools Fleet fierating 9 8 STAR TRBNE MEDA CMPAN'LLC Dues .subscriptions Communications • 8 STEMPF AIDNEDV NDETIRES I Eqipment Parts Fleet!Strafing 9 8 NRPA Dues .:ubscriptions Parks Administration Check# Amount Ithdor/Eplanation Account Description Business hlt Elalanation 8 9 GETTMAN CMPANY Misc Taable Den Road Liqor Store II S IOILSTAR PRNTER SOUINS ¢krating Supplies Facilities Staff 5 8 CBIFNANCAL SDINS NC (her Contracted Services Hslth and Benefits 0 8 RENDERS NC Chemicals Park Maintenance ® 3 CETTI%HE TECH Eqipment Parts Fleet(krating 5 3 NEW FRANCE WNE CMPANY Transportation Den Road Liqor Store S 8 DMES,TM ®er Contracted Services Softball 8 13 MTIDETRBIIING NC Eqipment Parts Fleet frrating B 9 BRWN,CPISTFA (her Contracted Services Arts in the Park 8 6 DETHLM,TAMMY, filer Contracted Services Pleasant III Cemetery • 8 CERDAN Ceridian II(rating 8 4 NDTHRN SAFET'TECNOO NC Machinery&gipment Police I 8 EDC Dues .:ubscriptions Economic Development f 8 MDWEST ASPHLT CDPDATN Waste BlacktopConcrete Street Maintenance I 3 SPECALTIIBIF&G NC Landscape MaterialsSupp Street Maintenance 8 3 FDKLFTS DMNNESOA NC Eqipment Repair&4aint Water Treatment Plant I 8 CMMERCAL ASPPILT CO Asphalt Q rlay Street Maintenance I 3 KALLN,LAWRENCE E (her Contracted Services Mleyball I 13 MENARDS Cleaning Supplies City LE-CAM • 8 FEDEX Postage Wan Resources I 8 HFFERAN,CNDI ftkrating Supplies Day Care 0 3 MNNESOA IOILLEELECTRC CH Electric Traffic Signals 8 19 EDEN PRARE CPIMBER DCMMER Dues .'ubscriptions Prairie lbw Liqor Store I 9 ABLE EE&,HBER NC Repair&4aint.Supplies Water System Maintenance 8 9 DMES,TM ®er Contracted Services Softball I 9 CRAGQLAKES DETRBIIING Beer Den Road Liqor Store 8 9 A T(atENTAL CENTER flier Rentals Community Center 9 9 W W GDTSCLNSSOATES NC Eqipment Parts Water Treatment Plant 8 9 SPRIG APPAREL .:TDF Clothing&Iforms Pool Lessons 8 9 STAPLES ADIKNTAGE (Ice Supplies Customer Service I 9 PREMNI WATERS NC Supplies-General Bldg FitnessConference-Cmty Ctr I II AMERCAN B8 TLNG CMPANYTH Misc Taable Prairie I!w Liqor Store I 8 DEAL SERVE NC Eqipment Repair&ilaint Water Treatment Plant • 9 CSJTM EE TECH Eqipment Repair&ilaint Fleet fikrating 8 9 BERTELSN TIDAL DFCE SEIM Bice Supplies hility ftkrations-General I 9 PNNACLE DETRBIONG Misc Taable Den Road Liqor Store 8 9 ADAMS PEST CNTRDNC Contract Svcs-Pest Control Gtdoor Center Facilities • 9 MATHSN TRIGAS NC Repair SvIaint.Supplies Water System Maintenance 9 9 RCK,ELABETIDEE hstructor Service G'tdoor Center 8 8 MCGREGD,RANDY filer Contracted Services Softball 2 8 IILICPRIMNE Motor Fuels Le Arena Maintenance 8 8 CENTEIWNK Telephone IC Telephone ® 8 METRf3ALES NCDPDATED* (Tice Supplies Customer Service a 2 NFDMS NLMICED Clothing&Iforms Police 8 2 IIHALTPIVDKS MEDCAL GRP MN Employment Support Test f$anizational Services 8 2 WM MHLLER AND SNS NC Patching Asphalt Street Maintenance I 4 METRDRE Eqipment Repair&ilaint Fire • 8 FASTENAL CMPANY Eqipment Parts Fleet ftkrating l 4 EARL F ANDERSEN NC Signs Traffic Signs 8 8 AMERPRDE LNEN&PPAREL SER Repair avIaint.Supplies Den Road Liqor Store 8 8 ELLE,ROERT Mileage&arking Engineering Check# Amount Ithdor/Eplanation Account Description Business hit Eplanation 4 8 GDDEN XLLE`EPJPL`CO Supplies-NC FitnessConference-Cmty Ctr $ 4 MENARDS Repair&iIaint.Supplies Water Treatment Plant 8 WEDENFELLER,GN hstructor Service Arts Center 4 2 DALE GREEN CMPANYTH Improvement Contracts CP Trails S 0 WNDERWEAERS Special Event Fees Arts in the Park 2 GARDEN Rig FRATELLS GARDEN Miscellaneous Administration 2 4 MSFCA Dues .:ubscriptions Fire 9 4 TWN CIPEEED CO Landscape MaterialsSupp Park Maintenance 9 4 METRPOII'AN FED Eqipment Repair&iIaint Fleet frrating S 4 AARP DRRRS SAFETY filer Contracted Services Senior Center Programs f 4 SPIMROK GRIA NC-ACE CE Transportation Den Road Liqor Store 4 0 FRE DEPARTMENT TRANNG NETWO Dues . ubscriptions Fire ® 9 BELL A1UM WNC Eqipment Parts Fleet frrating 4 9 FASTSUNS Fire Prevention Supplies Fire 4 9 MNNESIDA PRNT MANAGEMENT LLC Bice Supplies Customer Service il 8 AARP DRIERS SAFETY tiler Contracted Services Senior Center Programs 9 2 BNNEPN CNT'PBLC RECNDS ®er Contracted Services Engineering 9 8 AARP DRWS SAFETY tiler Contracted Services Senior Center Programs 3 8 EXREME BERRAGE Misc Table Den Road Liqor Store 4 8 LERNEK tiler Contracted Services Police ® 2 LEXNEK tiler Contracted Services Police 6 2 LFEWDKS Deposits-P&Refunds Community Center Admin 2 2 WINES ETA LLC Transportation Den Road Liqor Store 4 2 BCACRMNAL JUICE TRANNG Tuition ReimbursementSchool Police 2 UPS/MASTER Postage Senior Center Admin $ 2 BACMANS CREME DEPT Deposits Escrow 2 2 EDEN PRARE RDAR`CLB Miscellaneous Fire 4 2 BER TRUKS Eqipment Parts Fleet aerating I 0 BANK BEER CO Beer Prairie few Liqor Store 9 0 MARGRN SKOLND WINE MPOTS, Transportation Prairie few Liqor Store 2 4 ELASN,STEP J filer Contracted Services Softball I 6 ELASN,STEM J tiler Contracted Services Softball 0 0 PRNTERS SERVE NC Repair&faint-Le Rink Le Arena Maintenance II 4 PRME SCE NE LLC !Strafing Supplies Racqetball 9 2 AMERPRDE LNEN LPPAREL SER frrating Supplies Wine Club 9 0 CMICAST Wireless Subscription If aerating 2 0 WATSN C(NC,TH Merchandise for Resale Concessions 2 0 HRRGES,GREG tiler Contracted Services Arts in the Park 0 0 PUPILSKJ MARY hstructor Service Arts Center 2 0 BJHALTPIVDKS MEDCAL GRP MN Employment Support Test f anizational Services 0 0 PRARE ELECTRC CMPANY Contract Svcs-Elect Fire Station 4 4 9 DE LAGE LANDEN FNANCAL SERV filer Rentals IF aerating 2 9 CMPRESSED AR CNCEPTS LLLC Contract Svcs-General Bldg Public WorksParks 9 9 TRICNT BEERAGE . PJPLY Misc Table Den Road Liqor Store 0 9 CENTETKNK Telephone E-Program 2 9 GRVS,TDD Clothing&lforms Police f 4 HAL)STEPHN filer Contracted Services Softball 9 4 SPIMROK GRIZt NC-ACE CE Transportation Prairie Mw Liqor Store 4 8 SCUT CNT`EHRFFS EF'CE Deposits Escrow 3 i MESELL,KATELN filer Contracted Services Mleyball 9 4 HNRYPAU filer Contracted Services Mleyball Check# Amount §-iidor/Eplanation Account Description Business hit Elalanation 8 1 CNNE'AFET"PRDUTS ffice Supplies Customer Service 8 8 MIMI WLL LAWN MANTENANCE flier Contracted Services Pleasant III Cemetery I 8 JNSTNE SPJPLY Repair Taint-Le Rink Bd Sheet of Le 8 8 WLLNG,LNDA F Orating Supplies Fire 8 S NEL ENERGY Electric Sewer Liftstation 3 I WNCEWSKIRENEE Refunds Environmental Education 8 8 MNNESDA SAFET`SERVES LLC Licenses,Permits,Fees Pool Lessons 8 4 BECKER,DAM Tuition ReimbursementSchool Police 8 4 BDBI33TER'S AIDOVELD EDE Eqipment Repair Taint Police 9 4 PETERSN,DANEL J Tuition ReimbursementSchool Police 8 8 N CALL SERVES Supplies-General Bldg FitnessConference-Cmty Ctr 9 8 ELI5SN,STEM J Eller Contracted Services Softball 9 8 DIRT,EDMND tiler Contracted Services Softball 8 6 BLOINGTN SECS DLJ S Orating Supplies Park Maintenance 3 4 FAGNANT,SETAN listructor Service Qdoor Center 8 6 MDWEST ASPPILT CDPDATN Waste BlacktopConcrete Street Maintenance 8 8 XNCE BRIDBRS NC Patching Asphalt Street Maintenance 8 8 SCRAP METAL PROESSDS NC Waste Disposal Fleet Orating 8 8 LND,CATHRNE ANN WATSN filer Contracted Services Arts in the Park I 8 KOHR,SIIAN listructor Service fltdoor Center 8 8 BATTLE LAKE SEND CARD PREEC Supply-Greeting Cards Senior Board $ 3 GAMETME Repair&iIaint.Supplies Miller Park ® 8 FERRELLGAS Eqipment Parts Fleet Orating I $ KRAEMERS I'IRDWARE NC Supplies-Plumbing Dunn Brothers 11 8 MDWEST ASPPILT CLOPLOATN Waste BlacktopConcrete Street Maintenance I 8 FLD,ERN Refunds Environmental Education 4 8 WALKER,TDD flier Contracted Services Assessing $ 8 ON SNTEMS (her Contracted Services Police f 4 STRECHRS Clothing&lforms Reserves • 4 RGD 1BCIUCDPDATED Eqipment Parts Fleet Orating 8 4 BDLNGER,ANDREW Landscape MaterialsSupp Storm Drainage 8 4 EXREME BEMRAGE Misc Taable Den Road Liqor Store i 4 FALCK,TM®1L (her Contracted Services Softball 9 MCR(YENTER AR (her Mdware 1C Orating 9 9 STAPLES ADXNTAGE 'lice Supplies Customer Service 8 8 II BANK (her Contracted Services Hhlth and Benefits 11 8 DMPC HLS GDF CLII Deposits Escrow 9 4 DE LAGE LANDEN FNANCP.L SERV (her Rentals If Orating 8 3 MASS BAR-MATE CLOP Transportation Den Road Liqor Store 8 3 SCPIRBER&NS Eqipment Parts Fleet vibrating 9 3 G SERVES-MPLS NDIITRAL Janitor Service IlJlity Orations-General 8 8 DALE GREEN CMPAN)TH Asphalt f brlay Street Maintenance 8 8 EXREME BEMRAGE Misc Taable Prairie Mage Liqor Store 8 8 SCld[1C TWNG NC Training Supplies Fire 8 3 FAGNANT,SEJAN hstructor Service (ildoor Center 8 3 WAYEK NC Eqipment Parts Fleet Orating 8 8 SENTRAL TECIICAL CDLEG Tuition ReimbursementSchool Fire 8 8 BRAGG,ANNALSA hstructor Service (ildoor Center 8 8 SGNATf3 SUN GRDNC Contract Svcs-General Bldg Fire Station 2 8 1 SERLE'MANETACTBING C()TC Supplies-NC Le Arena Maintenance 8 6 CRN,SET Orating Supplies Le Show Check# Amount liIidor/Eplanation Account Description Business hit Eplanation 0 2 ItLIPPRHANE Motor Fuels be Arena Maintenance I 2 BRIO/INNG,RXN Conference Epense IT frrating 0 1 TEL GAS AND WELDNG SPJPLY Repair&iIaint.Supplies Water System Maintenance 1 MDWEST PLAYCAPES Repair&iIaint.Supplies Round Lake i @ WHELER LMBER LLC !Strafing Supplies Traffic Signs 5 @ SVRSN,PIRLAN Deposits-Pik Refunds Community Center Admin @ @ LANDS END COPOATE SALES Clothing ifaiforms Police 1 ® TK(WNES,NC Wine Inported Prairie 1 w Ligor Store 5 ® AMERPRDE LNEN&PPAREL SER Janitor Service Prairie AIage Ligor Store ® ID PLNKETTS PEST CPMTRD NC Contract Svcs-Pest Control FitnessConference-Cmty Ctr ;6 ® ACTVNETWOK NC,TH Conference Epense IT frrating I @ BEN SERVE CMPANY !Strafing Supplies Fire @ @ BATTERES PLED Repair&iIaint-Le Rink he Arena Maintenance ® Ie SHRWN WLLAMS CO !Strafing Supplies Park Maintenance 8 @ LAN(WOMENT NC Egipment Parts Fleet frrating 4 @ ASCCRBTNE Deposits Community Center Admin 3 @ FANCHR,JERDD Refunds Environmental Education 8 @ SWARTID,CMITP1 Deposits Community Center Admin 8 @ JNSN,JM titer Contracted Services Assessing 8 @ MOT,L11IDN filer Contracted Services Assessing 9 @ ONNO,ANNETTE filer Contracted Services Assessing 1 @ ONNG,JD Refunds Environmental Education @ @ PHLPS,LNDA Refunds Environmental Education @ @ PDCOK,PATRCA filer Contracted Services Assessing 8 @ BERNDT,SENNE Refunds Environmental Education @ @ ECMAN,NATPIN Tuition ReimbursementSchool Police 8 @ FLD,ERN Refunds Environmental Education 9 @ MOAN,PAMELA Refunds Environmental Education @ 9 JASNS DELI gyrating Supplies Reserves @ 0 DRECTV Cable TV Community Center Admin 8 9 HALYSTEPHN filer Contracted Services Softball IB 0 FALCK,TMID filer Contracted Services Softball 8 S FALCK,IMMIX filer Contracted Services Softball IB 0 HALSTEPHN tiler Contracted Services Softball 3 6 KAEHER,BLL Travel Epense r frrating @ 0 SGNSOCE (lice Supplies Administration i0 9 PINSN,JINNA frrating Supplies be Show 4 9 GENESE EMPLhiE BENEFITS,NC RA Hslth and Benefits II 4 CH FDS EDEN PRARE gyrating Supplies Reserves II 4 AARP DRWRS SAFETY tiler Contracted Services Senior Center Programs 1 9 GODENSTEN,CANDLE tiler Contracted Services Mleyball f 9 MATTS A1IX3ERVE NC Egipment Repair&faint Fleet!Strafing I g PLATNM THATRE CNIPANY Special Event Fees Red Li l 9 LEE,DEBBE Refunds Environmental Education 9 DALBEC,COY Mileage&arking laity fikrations-General I 8 CLAREYNC Safety Supplies Fleet fitrating 5 8 RHE,ANDREW Tuition ReimbursementSchool Police a 6 WOM,SANDY Landscape MaterialsSupp bineward Ili s Park f 8 LAKELAND ENGNEERNG EOCO Egipment Parts Water Treatment Plant ® 8 JASNS DELI frrating Supplies Police 3 8 G&SERVES-MPLS NDSTTRAL filer Rentals Park Maintenance Check# Amount Mhdor/Eplanation Account Description Business lilt Elalanation 8 8 EDEN PRARE WNLECTRC Building Repair&faint. Park Maintenance S 8 PRARE LAWN AND GARDEN Eqipment Parts Fleet'Strafing S 2 PIS Postage Water System Maintenance I 8 ASPEN MLLS Protective Clothing Fire I 8 MEERS,NCHAS J hstructor Service Qdoor Center I 8 METRGkPPLIINCE RECYLNG Waste Disposal Fleet jikrating S 8 ATMMOLICY Pager dell Phone Water System Maintenance 8 8 RIMS,ALAN Refunds Environmental Education 8 8 KNECIII,MARY Deposits-P&Refunds Community Center Admin I 8 MNNESDA CORECTNS ASSORT Tuition ReimbursementSchool Police 8 8 FSU IPAU J hstructor Service Qdoor Center S 8 PS Eqipment Repair&faint Public Safety Communications 8 9 FLNIG CLD ANMAL M AL Canine Supplies Police I 6 RE MEDCAL SERVE Safety Supplies Community Center Admin 8 5 HLDEMANN RIME NC Software Maintenance If'Strafing I 5 MNNESDA AMBUANCE ASSOPTD Dues .:ubscriptions Fire 8 5 MNNESDA FRE SERVE CERTFI Employment Support Test Fire 8 4 FAST WATER PRNIDNS LLC 1krating Supplies Pool Lessons 8 4 RUD IHCIUCOPOATED Eqipment Parts Fleet'Strafing 8 3 SCPIRBER. NS Eqipment Parts Fleet filtrating 8 2 CHMSEARCH Supplies-SIC City Ill-CAM 8 2 I NCPERS MNNESDA PERA Filth and Benefits 8 2 LOS Network Support IF filtrating I Q SPIMROK GRIA NC-ACE CE Transportation Den Road Liqor Store S m LBERTTRE RECE'LNG-MN Waste Disposal Fleet filtrating 8 6 KOHR,SOAN hstructor Service Qdoor Center 8 4 GROS,TDD filtrating Supplies Police S 4 TESSC@IC Eqipment Repair&faint Public Safety Communications S 4 NDEJTRIL FLO MANTENANCE I Eqipment Parts Fleet filtrating S 4 FSIDMMNCATNS LLC Telephone Round Lake II 4 METRO THETC SPJPLY filtrating Supplies Park Maintenance 8 8 MNNESDA WANNER CMPANY Eqipment Repair&faint Park Maintenance S 6 DRERS LUENSE GDE CO fliice Supplies Police II 6 AMERCAN SDUJNS Fe BONES Clothing&lforms Day Care I 6 DSEN CMPANES Repair&Iaint.Supplies Park Maintenance S 6 BNNEPN TECNCAL CDLEGE Tuition ReimbursementSchool Fire • 6 LCD BREWNG Beer Den Road Liqor Store 8 9 RUIHWAY IILASS NC Eqipment Repair&faint Fleet filtrating S 8 MN MANTENANCE EZAVIENT NC Eqipment Repair&iIaint Park Maintenance S 6 CENTPJJI NK Telephone E-Program ! 5 MATSN,TM Small Tools Fleet filtrating S 5 KAPAN,RXN Tuition ReimbursementSchool Police 8 4 WFU,RAFIA&ASMN t6Ier Revenue General Fund 8 5 DART POTABLE STOAGE NC filtrating Supplies Fire S 5 DM1ISIU flier Contracted Services Prairie!Rage Liqor Store S 5 SBPIBAN CHRIDET Eqipment Repair&faint Fleet filtrating S 6 AL1WIvIERS ASSOPTN Deposits Escrow S 6 EDEN PRARE CAMBER F)CNIMER Miscellaneous City Council S 6 MNNESDA DEPARTMENT DHALTH Licenses(Srafts WAFTA S 6 XNBROKLN,SALLY flier Contracted Services Baggo 8 6 NEMANN,BARBARA A Refunds Environmental Education Check# Amount §hdor/Eplanation Account Description Business Mt Elalanation 3 6 RDEM,ANN M hstructor Service Arts Center 2 6 TMAS,DWGIIi Refunds Environmental Education 3 6 WLSN,PAMELA A Refunds Environmental Education 9 0 TMAS,DWGIII Refunds Environmental Education 18 6 CRWN MARKNG NC Olce Supplies City Clerk S 9 BLNET,NDMA Refunds Environmental Education S 4 ANDREWS,TERR`E Pier Contracted Services Softball S 4 PGEN,NATE ther Contracted Services Softball f 4 TRET FABRCATNS Misc Tamble Prairie!Rage Liqor Store S 4 EFCE DEP D CREDIF PLAN Bice Supplies If fkrating 18 4 PETERSN,GLEN Pier Contracted Services Mleyball 8l 4 ASPEN MLLS Protective Clothing Fire 9 4 DRECTV Pier Contracted Services Police 9 4 MN PRMA Conference Epense Workers Comp hsurance f 4 MN DEPT.DLABD AND ND&ITRY Licenses class Water Treatment Plant 9 4 1KSLIdR EXRESS CHEER Pier Contracted Services Communications 1 4 GANNN,JANET Refunds Environmental Education ® 4 CH FDS EDEN PRARE Waling Supplies Police 9 4 KODEK,JON Clothing&iforms Police 6 4 NELSN,MARY Pier Revenue General Fund 3 ® CHETENSN,JDNADNE SEVENDE Deposits Community Center Admin 3 ® GLEWWES CASTLE BREWERY Special Event Fees Red hi 8 ® PARKER,ALLAN Deposits Community Center Admin 5 ® TE,CPREY Deposits Community Center Admin 8 S NESCHN,JDI Deposits-PR Refunds Community Center Admin 3 4 FERRELLGAS frrating Supplies Water Treatment Plant 3 3 DEPT DLABD&TDETRY Licenses cuss Water Treatment Plant I 3 SHED-If IIA NC Pier Contracted Services Community Center Admin 6 3 SPECKLED ENIKNMENTAL TECH Landscape MaterialsSupp Park Maintenance ® 3 PROTTEEER EXERTS Eqipment Repair&iIaint Fleet jakrating ® 3 A T22ENTAL CENTER Eqipment Repair&ifaint Fire 18 3 PERR ELAN Refunds Environmental Education 5 0 MELD,CIf' ) Licenses Vass Fleet¢krating 83 0 NFHEMS NLMICED Clothing&lforms Police 3 2 DECESARE,CTYTTPI Deposits-PR Refunds Community Center Admin S 9 PRENTCE,DANNE Deposits-PR Refunds Community Center Admin 5 2 MCMASTER-CARR SPPL`CO Repair&Iaint.Supplies Water Treatment Plant I 2 AT& Telephone E-Program I iS A T 1 ENTAL CENTER Eqipment Parts Fleet(rating I 3 MNNESDA DEPT DHALTH Licenses&ass Water System Maintenance ® 3 MPCA Licenses c4Fass Sewer IlJlity-General s 3 MNNESDA DEPT DHALTH Licenses cuss Water System Maintenance ® 3 PETERSN,GLEN Pier Contracted Services Mleyball I 2 CH,BENJAMN Deposits Escrow 8 2 STATE DMNNESDA Miscellaneous DWlForfeiture I 2 RCHELD,CIFD Autos Fire a 9 GENESE EMPLf)E BENEFICS,NC RA Filth and Benefits 1 0 ADAMS,LINNDSE Deposits Community Center Admin ® 0 MIL,RCIIRD Deposits Community Center Admin I 0 BAJDA,JSIEPH Deposits Community Center Admin S 0 BLMER,PETER Deposits Community Center Admin Check# Amount ithdor/Eplanation Account Description Business lilt Elalanation f 0 BRWN,ARLENE Deposits Community Center Admin 11 0 CAPPDA,DEBDAH Deposits Community Center Admin 31 0 CR9S,CNDY Deposits Community Center Admin 3 0 EBELNG,BENJAMN Deposits Community Center Admin S 0 GDLEI-ITNIAS Deposits Community Center Admin 11S 0 BNSN,KATHRNE A Deposits-Pk Refunds Community Center Admin ® 0 HRDD,KERSTEN Deposits Community Center Admin 31 0 LLWARD Deposits Community Center Admin ® 0 MATHIIKIN Deposits Community Center Admin 31 0 NDL,RCPIRD Deposits Community Center Admin 3 13 PETRESCATALN Deposits Community Center Admin 16 0 11PHGFENG Deposits Community Center Admin 0 0 WELDER,JEFF Deposits Community Center Admin 1 0 PING,XNPNG Deposits Community Center Admin 11 0 BNNEPN TECNCAL CDLEGE Tuition ReimbursementSchool Fire ® $ ASPLEYLANNE Deposits Community Center Admin I $ REEDSTRDI,MARLN Deposits Community Center Admin 3 4 KRAEMERS PIRDWARE NC Supplies-Pool Pool Maintenance 3 4 JNSN,JN Deposits-P&Refunds Community Center Admin ® 3 CNICAST Cable TV Fire 3 3 RCBELD,CIF' Licenses&TaSs Fleet fikrating 0 2 BRNEAJMARY Deposits-P&Refunds Community Center Admin 0 41 NEBRASKA REAL WATER ASSOATI Advertising Water Treatment Plant 0) @ JASNS DELI fkrating Supplies Reserves ® 9 MNNESIDA XLLEELECTRC CD Electric Riley Creek Woods 0 8 PRARE LAWN AND GARDEN Egipment Repair&ilaint Park Maintenance ® 5 PINSN,JNE Deposits-P&Refunds Community Center Admin fe 2 CMCAST flier Contracted Services Police 3,30,757 Gig 1 CITY COUNCIL AGENDA DATE: June 510 SECTION: fAinances and Resolutions DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: K. Community Edendale Parking Lot Epansion and DevelopmentPlanning Site lnprovements Janet Jeremiah Rgkh Move to: • Adopt the Resolution for Planned hit De velopment Concept Review on .cres; d • Approve it Reading of the finance for Plan ned hit Development District Review and ?ring District Amendment in the RM-Yining Dist rict on tcres. Move to: • Approve 2nd Reading of the Glinance for Planned hJ it Development District Review with Waivers and lining District Amendment in the RM-ning District on 5tcres; d • Adopt the Resolution for Site Plan Review. Sp The plan has been revised as follows. 1 The proposed parking area is located 0 feet from the north pr operty line as compared with feet in the original plan. 2 The garage is located 50 feet from the north property line as compared with feet in the original plan. The garage is located 125 feet from the two closest homes to the north of the property 3 An foot high board on board fence has been added along the proposed parking area. The fence will be 70 feet from the north property line. The proposed plan regires the following waivers. • Iiithk of This provides screening of the parking area and a transition to the building from the single family areas to the north when there are no leaves on the trees. • Wifit0016e There is room to replace trees along the north property line, however natural vegetation would have to be removed.An ifoot area of natural vegetation in combinati on with the fence is a better approach to screening and transition. • Wiffl n i A residential looking garage with earth tone colors for the siding , door, and roof would blend it better with the natural vegetation and the single family area to the north. Prior to land alteration and building permit issuance the applicant needs to provide the following for staff review and approval. • Detailed storm water runoff, utility and erosion control plans that show grading limits. • Final site plan showing the garage fleet from the north property line and parking feet from the north property line, and the fence beet from the edge of the parking area. • Fence plan details for an ff. oot high board on board fence. • Eterior materials for the garage with earth t one colors for the siding, doors, and shingles. • Permit from the watershed district. • Detailed building plans for the garage. • Detailed lighting plan with if oot high shielded downcast lights. B# At the last meeting Council ask about the possibility of constructing parking behind the eiiting parking lot.This area has an foot high berm and is covered with natural vegetation.Parking in this location would be close to the single family homes on the north and west, regire removal of all of the natural and the berm.There would also not be en ough room to provide to screen parking from the single family homes to the north and west. Ai 1 Resolution for PD Concept Review 2 tlinance for PD Di strict Review 3 Summary filinance 4 Resolution-Site Plan Review 5 Property finer letter 6 Aerial photo with setbacks to adcent homes 7 Revised Site Plan dated May M1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROING THE PLANNED UNIT DE1 LOPMENT CONCEPT OF EDENDALE PARKING LOT ERANSION FOR EDENDALE RESIDENCE,INC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Tilt Development 'D)Concept of certain areas located within the City;and WHEREAS, the Planning Commission did conduct a public hearing on March nd April p1n Edendale Parking Lot Epansion by Edendale Residence lic. and considered their reqest for approval of the PD Concept plan and recommended approval of the reqest to the City Council;and WHEREAS,the City Council did consider the reqest on May !-;nd June 50) NOW, THEREFORE, BE IT RESOL1D by the City Council of Eden Prairie, Minnesota, as follows: 1 Edendale Parking Lot Epansion,being in khnepin County, Minnesota, legally described as outlined in Eliibit A, is attached hereto and made a part hereof 2 That the City Council does grant PD Concept approval as outlined in the plans stamp dated May)with the condition that prior to land alteration and building permit issuance the applicant shall provide the following for staff review and approval. • Detailed storm water runoff, utility and erosion control plans that show grading limits. • Final site plan showing the garage fleet from the north property line,parking feet from the north property line, and the fence fleet from the edge of the parking area. • Fence plan details for an Woot high board on board fence. • Eerior materials for the garage with earth tone colors for the siding, doors, and shingles. • Permit from the watershed district. • Detailed building plans for the garage. • Detailed lighting plan with foot high shielded downcast lights. 3 That the PD Concept meets the recommendations of the Planning Commission April 9m ADOPTED by the City Council of the City of Eden Prairie this fh day of June ID Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ENIBIT A PUD CO Eti'LtEiktlin L$p In the following described land situated in the County of Hennepin and State of Minnesota: That part of the Southwest Quarter of the Southeast Quarter,Section 8,Township 116,Range 22 lying West of the center line of County Road No.4,North of the South One-fourth of said Southwest Quarter of the Southeast Quarter and South of a line drawn from a point on the West line of said Southwest Quarter of the Southeast Quarter distant 826.31 feet North from the Southwest comer thereof to a point on the East line of said Southwest Quarter of the Southeast Quarter distant 813.12 feet North from the Southeast corner thereof which lies Westerly of a line drawn Southerly at right angles to the North line of the above described property at a point thereon distant 465.80 feet East from the West line of said Southwest Quarter of the Southeast Quarter to the center line of State Highway No.5 and there terminating,except that part of the East 277.00 feet thereof lying South of the North 182.00 feet of the above described property. EDENDALE PARKING LOT ERANSION AND SITE IMPROMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 14012PUD$012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A HNING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1 That the land which is the subct of this Olinance Hereinafter, the 1'and)is legally described in Ekibit A attached hereto and made a part hereof. Section 2 That action was duly initiated proposing that the land be amended within the RM -Yining District' PD- 8Ikereinafter PD-4M-)1 Section 3 The City Council here by makes the following findings: A. PD- RM-fis not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PD-4M-3s designed in such a manner to form a desirable and unified environment within its own boundaries. C. The elieptions to the standard regireme nts of Chapters land h f the City Code, including increased fence height from do Efeet, tree replacement from cinches to zero, and brick eterior material to maintenance free siding that are contained in PD- ARM-dare jistified by the design of the development described therein and based on a plan stamped dated may 3fithe following conditions. Prior to land alteration and building permit issuance the applicant needs to provide the following for staff review and approval. • Detailed storm water runoff, utility and erosion control plans that show grading limits of the property. • Fence plan details for an Boot high board on board fence. • Eterior materials for the garage with earth tone colors for the siding, doors, and shingles. • Permit from the watershed district. • Detailed building plans for the garage. • Detailed lighting plan with if oot high shielded downcast lights. D. PD-4M-3s of sufficient si ze, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsegent unit. Section 4 The proposal is hereby adopted and the land shall be, and hereby is amended within the RM-2istrict and shall be included hereafter in the Planned bit Development gI .M-5and the legal descriptions of land in each district referred to in City Code Section ()subdivision l subparagr aph B, shall be and are amended accordingly. Section 5 City Code Chapter ]entitle d General Provisions and Definitions Applicable to the Entire City Code hcluding Penalty for Mlation'and Section kntitled Nation a Misdemeanor'hre hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7 This elinance shall become effective from and after its passage and publication. FRST READ at a regular meeting of the City Council of the City of Eden Prairie on the th day of June iDand finally read and adopt ed and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the th day of June ID ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PBLSHD in the Eden Prairie News on, ID ENIBIT A PUD Lipta- k'the following described land situated in the County of Hennepin and State of Minnesota: That part of the Southwest Quarter of the Southeast Quarter,Section 8,Township 116,Range 22 lying West of the center line of County Road No.4,North of the South One-fourth of said Southwest Quarter of the Southeast Quarter and South of a line drawn from a point on the West line of said Southwest Quarter of the Southeast Quarter distant 826.31 feet North from the Southwest comer thereof to a point on the East line of said Southwest Quarter of the Southeast Quarter distant 813.12 feet North from the Southeast corner thereof which lies Westerly of a line drawn Southerly at right angles to the North line of the above described property at a point thereon distant 465.80 feet East from the West line of said Southwest Quarter of the Southeast Quarter to the center line of State Highway No.5 and there terminating,except that part of the East 277.00 feet thereof lying South of the North 182.00 feet of the above described property. EDENDALE PARKING LOT EXANSION AND SITE IMPROMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 12012PUD$012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.$WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendm ent of the zoning of land located at Main Street within the RM-2 &ring District. Ekibit A, incl uded with this flinance, gives the full legal description of this property. Effective Date: This ilinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PHLEBD in the Eden Prairie News on Zb full copy of the tekof this finance is available from City Clerk) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION GRANTING SITE PLAN APPROXL FOR EDENDALE PARKING LOT ERANSION AND SITE IMPROEMENTS BY EDENDALE RESIDENCE INC WHEREAS, Edendale Residence hc, has applied for Site Plan approval of Edendale Parking Lot Epansion and Site hnprovements to construct parking and site improvements, by an falinance approved by the City Council on June Sind WHEREAS, the Planning Commission reviewed said application at a public hearing at on March Ind April 9!-o nd recommende d approval of said site plans;and WHEREAS, the City Council has reviewed said application at a public hearing at its May 1 meeting. NOW, THEREFORE, BE IT HEREBY RESOLED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Edendale Residence hc, based on plans stamped dated May 311) reviewed and approved by the City Council on June $hand subct to the following conditions. Prior to land alteration and building permit issuance the applicant needs to provide the following for staff review and approval. • Detailed storm water runoff, utility and erosion control plans that show grading limits of the property. • Fence plan details for an ffbot high board on board fence. • Eerior materials for the garage with earth t one colors for the siding, doors, and shingles. • Permit from the watershed district. • Detailed building plans for the garage. • Detailed lighting plan with if oot high shielded downcast lights. ADOPTED by the City Council of the City of Eden Prairie this l day of June M Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Cleric May 23, 2012 City of Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN 55344 Re: Project#2012-04 Dear Madam Mayor and Council Members, First and foremost, a big THANKS for listening and acting on our endeavors to revise the parking project located directly behind our home. It is our understanding, due to the efforts of Mike Frazen, that the project will now be a single loaded lot with 8 foot fencing and located 80 feet south of our lot line instead of the original 38 feet. Also, the garage will be 65 feet from the lot line instead of 27 feet. We accept the revisions noted above and all shown in the revised project plan. Again, many thanks for your time and efforts on our behalf, Sincer 1. Gera Juanita ea uvais •ti 7735 Meadow Lane �1 r- 3 iet„-. •. I • •,- „ \.1� - r k • e rk��, 1, '•\y;k AA: - .ktr ,' ' _ ..• -�- • iiiir ti .A . --..,.:_:. ,,_..... y - ;A k _ ,1j - I --- :.� _-_'• — - "tip r • .,s, ...,,,. . ...,. . . . .. . . . ,„.. • 4 1 ii •5k'‘ 5 • y k h • '6, - _ ,-..., . • • - L' • •: • •' ---L 7'''', 14 '''4;: .... .-t•. -- 4 ,._,. • . 1E1, . L. • k‘iv . ..s •- _ f f- _ :4411i. ir .4"41*t. t ' .' .'I • ill'-!T -- .w _- R'�: -S� • • y, J4 �. ...i � ;; 7L s 7 . - __ d� AL .. .f: - ..-_.••• ':---- . .„ L:ITi: . II '411111' • IN I Sit; ' . L.. .' ..3 - 7. gO.fitiggitsi& 6.19' .0.,. _ 41 inew ._ %Nii"71t 1 ..4.1I q .c._. riz (..,...r,17.1.4. ,.., ., • -; 1:-.-- • ,... ......- • • - •.•, 4.4P4'/-• I : .. • .__.:„. .4 1....i..„..;„.,,,• . . ,• ,:kr mitimp•-41... • • -... '• , ••-; ••-. . ..,•. • fr li • -- N Vo.g#4r.L'' r'.,•1 -----Ci?" ..- 'V 1.1 :;,-. if 1 • 7.- ..,.rr•!... i1 l:' krAi '. .. `• ' ._'.i_i:.-: ,.; 1,6.\-,. MI L.i ID- Scaled 1„ 50 1 � � [ r, ] RE A4 � .__�r - :ram . - I — CONDITIONS FOR APPROVAL J -F • 1- 1. WAIVER FOR 8 HIGH BOARD-ON-BOARD CEDAR FENCE I I 1 I 2. WAIVER FOR TREE REPLACEMENT I 3.. WAIVER FOR EXTERIOR 1V1ATERIALS(EARTH TONE SIDING/SHINGLES VS.BRICK) .. 1 24.0 ' I g'H i GH BOARD-ON-BOARD CEDAR FENCE MQVE WALLS, ..,',.. b . , ... 1.,.. ...1 .. ...., — ..... .r. , , ... ... F... PS AND ' GARAGE g r2, I kNIER MATERIAL- .,-- 1' ....3.-. .,3-..3 • . I C — 4, , .,._. 13 WA 1S4 otil. . - -N-::. .. -.- : .'c; •••• - --. -- . . -• -.' . :•. .' -. 1 • . . .. -b. ' . ... •.-- i .. -- -.--7.:.--1';1 r. r-: I- S . . • . " - ... • - .- . . El . -ID - - ..--' -. . . .. . 171. ' --: . ._ . 0,1 - - -. - - ' . • - vs, - • - ,..- I- I . , s -- . - ‘-,•V-.4:6--'•-44k",,,:,.'"'. . • .' '. '-. .-.-'- . .°_•:P'. ---.'''/'-'-',.' -_: . .' • -- -711 .-. ")-...'1'--2.11'---::t:'•• II1- I S..i• I. -.1 'rtti. ":%Q").",:"'',.'-.2".-,..-,-- -. . :-< •"-- --20 STA L IS---- I I. - i -...‘-ri--2,:r 1_ ,-... ----;,- :::.:11_.:.-- ---:- ---- LL_=:--t--_-"1 : EXISTING fC _,,-/-i... ,_ _ I- GurrEIR -- ___ _ — . — D-4.,,,•&,-.:/- , __ _ — 1.,,.-f,.E' 1----1 ...._____ . .„ CD• .7•:::, , - ; • , :..,, ,-- '4'1,1'--•-, i— -------- .,. '•-q B • . I . . i .,- II , 41 . m-t . ,-,1 c'-77`:- L, Drr.b1.7"v7 F-iu:,7,JC' i I, r' ii Vide .1 ' :0-00. REt4OVE EWALLS 1 , . . . .ra_rXITR ...., .'. Lv.,. -... 1 Ji ! I i ail -- • ' .. • ' - - . ..r._. ,...,. .... .... _ ._ ._._.,.... ,i_......_._......_ , ....,.- _,L... • . , , _ . . . . . , ;--; . N8918.91"W 9 77 nn RECEIVED Planning Department MAY 3 1 2012 City of Eden Prairie CITY COUNCIL AGENDA DATE: SECTION: Olinances and Resolutions June 54) DEPARTMENTDIISION: ITEM DESCRIPTION: Approve First Read ITEM NO.: R. City Attorney of an finance Amending City Code Section B R4h Move to: Approve First Reading of an Edina nce Amending City Code Section ERelating to Administrative Appeal Sp The City Code Section on right of administrative appeal to the City Council is amended to clarify that there is no right to appeal to the City Council from a personnel decision. Bpii The employee handbook provides a means for appeal of decisions that culminates in the City Manager. Pursuant to Minnesota Stat utes Sections fSubd. 3and 4the City Manager is the sole authority in a Class B City to appoint and remove all personnel. Ain fdlinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.8 RIGHT OF ADMINISTRATIE APPEAL"AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.9WHICH AMONG OTHER THINGS CONTAIN PENALTY PROISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: 5�1. City Code Section fls amended to read as follows: SECTO fRUIll TG DMNE TRATE'APPEAL. f any person shall be aggrieved by any administrative decision of the City Manager or any other City official, or any Board or Commission not having within its structure an appellate procedure, such aggrieved person is entitled to a full hearing before the Council upon serving a written reqest therefor upon the Mayor and City Manager at least five(days prior to any regular Council meeting.Such retlest shall contain a general statement setting forth the administrative decision to be challenged by the appellant.At such hearing the appellant may pres ent any evidence he deems pertinent to the appeal, but the City shall not be reqired to keep a verbatim record of the proceedings.The Mayor, or other officer presiding at the hearing, may, in the interest of pstice or to comply with time reqirements and on his own motion or the motion of the appellant, the City Manager, or a member of the Council, adpurn the hearing to a more convenient time or place;but such time or place shall be fied and determined before adpurnment so as to avoid the necessity for formal notice of reconvening. No appeal is allowed to th e City Council from any personnel decision. SS . City Code Chapter ]entitled General Pr ovisions and Definitions Applicable to the Entire City Code I cluding Penalty for ldl ation'and Section 9 entitled Illation a Misdemeanor'kre hereby adopted in their entiret y,by reference, as though repeated verbatim herein. SS . This ordinance shall become effective from and after its passage and publication. FRST READ at a regular meeting of the City Council of the City of Eden Prairie on the _day of t and fina lly read and adopted and ordered published at a regular meeting of the City Council of said City on the day of, City Clerk Mayor Published in the Eden Prairie News on the day of, CITY COUNCIL AGENDA DATE: SECTION: Olinances and Resolutions June 52 DEPARTMENTDIISION: ITEM DESCRIPTION: Approve ITEM NO.: K. George Esbensen First Read of an falinance Amending Fire Department City Code Section$Subd.1 R4h Move to: Approve First Reading of an Oli nance Amending City Code Section 9 Subd. Relating to Emergency Service Costs Sp Pursuant to State Statute the City is allowed to charge for emergency services it provides. City Code Section 9 Subd.l already enacted thes e charges. These revisions align Subd. 1 more closely with State Statute, epanding what the City can charge for and allowing unpaid charges to be assessed. Bpii Fire Chief George Esbensen reqested that this or dinance be reviewed to ensure that the City can collect for fire services provided as allowed by statute. Ain fdlinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY AMENDING SECTION 905, SUBD. 11 EMERGENCY SITUATION AND FIRE CONTROL COSTS" AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 99VVHICH AMONG OTHER THINGS CONTAIN PENALTY PROIUSIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Sit. City Code Section OSubd.is amended to read as follows: Still. EitilCla A. Costs. Every person, firm or corporation that is not a resident of th e City or the owner of real property in the City subc t to real property tags, sha 11 be liable for all the costs of emergency services, including but not limited to:fire,prevention, etinguishing, rescue, medical, clean up and related services, provided to the person, firm or corporation by the City or contracted for by the City. B. Assessment. Any cost herein which is not paid within(flays of being billed may be certified to the county auditor of any county in which the person, firm or corporation owns real property in the State of Minnesota and shall be collected together with property tags levied against the property. li order to certify a charge to the auditor, the City shall on or before September 1provide written notice to th e property owner of the City§ intention to certify the charge to the auditor. This provisi on does not limit in any way the City§right to collect said costs in any other method available in law or egity. Sit . City Code Chapter lentitled General Pr ovisions and Definitions Applicable to the Entire City Code licluding Penalty for 161 ation'and Section 9 entitled Illation a Misdemeanor'kre hereby adopted in their entiret y,by reference, as though repeated verbatim herein. SS . This ordinance shall become effective from and after its passage and publication. FRST READ at a regular meeting of the City Council of the City of Eden Prairie on the _day of Z t and fina lly read and adopted and ordered published at a regular meeting of the City Council of said City on the day of L1) City Clerk Mayor Published in the Eden Prairie News on the day of ZD CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members June 511) DEPARTMENTDII&SION: ITEM DESCRIPTION: ITEM NO.: IXX1 City Council Budget Advisory Commission Report on Mayor and Council Salary Rtikh Sp At the reqest of the City Council, the BAC c onducted a review of Mayoral and Council salary to provide rationale for making any changes. The BAC reviewed Mayor and Council salary of other cities, the history of salary, and other information that is included in the report. After an analysis of the data and discussion among the commission members the BAC report concluded as follows: The BAC believes there is adeqate data to suppor t a salary increase. h the future, the BAC recommends blending the technology stipend and salary components together. Some pros and cons of the potential salary increase follow: PROS • Balance to other cities • Discontinuance of special meeting pay in m • Adjistment for inflation CONS • Difficult economy • Citizen perceptionPublic opinion Ain • Mayor and Council Salary Report • Comparison of Mayor and Council Salary EDEN PRAIRIE To: Mayor and City Council LivE•woRK•oREnM Rick Getschow, City Manager From: Bdget Advisory Commission Date: May 2012 Re: Report on Mayor and Council Salary At the reqest of the City Council, the AC conducted a review of mayoral and council pay at its March 1, 2012 meeting. With the aid of comparison data, prepared by City Staff, the Commission reviewed the compensation of Eden Prairie's Mayor and Council in contrast to the remuneration granted to Council Members in roughly thirty other metropolitan areas surrounding the Twin Cities. Bckground data indicates that Council Members last received pay raises in 2004 and 1992 respectively. Currently, the Mayor receives an annual salary of $9,900 plus $6 per month as a technology stipend, resulting in an adjusted gross salary of $10,60 per year. Each council member receives $7,500 in annual salary, resulting in an adjusted gross salary of $8,220 per year after factoring in the monthly technology stipend. A technology stipend of $6 per month is given to each Council Member for costs incurred by them for eqipment such as a computer or cell phone necessary to conduct City business. Ultimately, the City reports the technology stipend as personal income, rather than expense reimbursement to the Council Members. Council Members can also reqest reimbursement for Internet service. Further, the October 2010 discontinuance of special meeting pay $35 per meeting) effectively reduced Council Members' compensation from 2010 to the present. A total of $5,530 for 158 special meetings and $2,100 for 6 special meetings was paid respectively in 2009 and 2010. Council Members attend a workshop that precedes each City Council meeting. Increasing the ancillary time commitment reqired of their positions, the Mayor and Council Members also sit on various boards. In response to citizens' emails and phone calls, a considerable amount of ad hoc time is an inherent demand on the Councils' time. However, Council Members do not document the time spent on city business. Therefore, without data, an effective comparison of pay per hour worked is not an option when reviewing the Councils' past, or current, rates of pay. However, if calculating an hourly eqivalent was feasible, the AC assumes that the result would be qite low and that, rather, Council salaries serve to offset personal costs and expenses incurred by the Council Members in the course of their civic duties. 1 Although the rationale used to determine the initial level of the Council's pay is unknown, review of the current metropolitan pay data indicates that council pay ranges from an adjusted high of $12,996 per annum in ®omington Population 84701) to a low of $5,880 in Hastings Population 22,91) Concurrently, mayoral pay ranged from an adjusted high of$27,000 per annum in ®omington, to a low of$7,70 in Shakopee. Contemplating that population might act as an appropriate cost driver and provide a meaningful comparison, the AC viewed the data again, filtered to display only metropolitan cities comprised of comparable population. The tables below illustrate the data for metropolitan cities with populations of greater than 0,000 and less than 70,000. Atd tty P tion Mayal Maya! Sawq Saby Brnsville 6,08 $12,000 $12,000 Coon Rapids 6,10 $1D00 $1D00 Eagan (206 $13,85 $13,B5 Eden Prairie B,536 $9,900 $10,80 Maple Grove 8,0 $100 $1b00 SEI Ity ®�tion 6nd Mtn 6nd Mbi Salmi Salmi Brnsville 8,0zt $8,00 $8,00 $12,250(3t large) $10,500 Coon Rapids 8,19 (ward) $12,250 Eagan (206 $10,000 $10,000 Eden Prairie B,536 $7,500 $8,220 Maple Grove B,9 $12,500 $12,500 The AC notes that this comparison places both Eden Prairie's council and mayoral pay as the lowest in each of these statistical samples. Viewed as an independent variable, balancing Council pay to that of other cities would support a recommendation to consider an increase in pay for the Mayor and City Council Members. However, when council and mayoral pay is compared based on the GDP deflator, the results indicate that council pay is slightly below the 20-year average while mayoral pay is slightly above the 20-year average as illustrated in the following chart: 2 Qui! MP Irflaim Irflaiai Slay Tatift Tad 13312flacy%2IbDIas diluted -ay Tandcgj Ma 0118Iaa% 2E661as *dal 1293 Fj000) f® 79 76381 720 720 789 912653 1324 991 0 QM 791 7E6 3 720 720 7991 906T M 00180 60l) 8161 71241 7,20 7,20 8161 00883 1E 00180 60l) 818 7260) 7,2D 720 8314 063311 1327 40:00) QM 8463 72183 7M 7M 8463 $59ffi 1293 40:00) QM 868 7,0121E 72D 72D 868 941279 1213) $tmm $M 8)81 9991) 72D 72D 1E81 $20s 211) Ejtmm t1) 972) 8372 0088' 7,219 72) 772) 8372 9204) MI Fj®m 7A $7d) 9073 74681 72D 71) 790 9)73 $7943 282 $®m M $7d) sal 72682 72D 71) 790 sal $533 218 00:00) 72) 972) 9114 713863 720 72) 7M 9114 94643 201 00:00) 72) 972) 83779 991314 720 72) 7M 9373 980) 2E 760(0 721 $2) 100) 13210) 993) 723 1)6D MOD 1)639E0 243 730(0 721 432) 1823 793272 993) 21) 1)62) 13323 1)20E31 23E7 73060 72) $21) 1E23 773314 99:0 72) 1)67) 1623 9917'43 218 79050 72) $21) 1853 750T 990 72) 1350 1853 9E 33 219 73060 721 $21) 1873 74318 9960 72) 1350 13073 96839 2)4) 780m 72) $72) 139 74894 990 7d) TM 139 95Z 2)11 7,800) 721 621) 11333 723117 990 72) 1)90 11333 93E3) 921 781)0) M 4321) 1631 7,057.2 990 72) 1)172) 1631 913)9) Asap 7,3644 917171 2148 1364 Q92364 9204 "OM 1061 94613) 12590 `-alt3figrEsprcj alai Lad masa, Iv'.1 1$rat fa!21f232 The chart above shows the history of Mayor and Council salary, the amount of the technology stipend which began in 2000, and a total salary amount. The 2005 dollars column shows the purchasing power of the salary based on 2005 dollars, the last time the salary was increased. The inflation adjusted amount reflects the amount of salary adjusted by the GDP deflator since 2005. While some cities such as Eagan and Brnsville offer a health insurance benefit, Eden Prairie Council members can opt in to the health care benefit but they are reqired to pay the full premium for their coverage. Cities are prohibited from including provisions for vacation or sick leave in the compensation plan for council members. Cities are also prohibited from reducing the salaries of council members because of absences from official duties because of vacation or illness. Minnesota statutes dictate that no increase in salary shall take effect until after the next succeeding regular city election. Therefore, if the Council decides to adjust pay during 2012 the pay adjustment would be implemented in 2013 or 2015. The AC believes there is adeqate data to support a salary increase. In the future, the AC recommends blending the technology stipend and salary components together. Some pros and cons of the potential salary increase follow: ®S • glance to other cities • Discontinuance of special meeting pay in 2010 • Adjustment for inflation 3 ONS • Difficult economy • Citizen perception/public opinion Respectfully submitted, The Bdget Advisory Commission 4 Comparison of Mayor Salary ;.,,t S �."'`::vo #''s " �.2,.J„�" "S&: a!'_".Ii , . . F..a*:r}yi7..,,iM W.1:..ix^� e ,�,....,:i:"i Q..o;t'.y;,}"'..'5,4.,f 1Ta'i..' .y;�,„„�-�Tr�9 A7S7yN.iU, 1.".'&zz Ci � f,., t s� w;p ` op ',`,> u ' :,�, :�.: a ``Sti ends Meetm Pa Per>VD1ems HealthcCare;Benefit r �' . GrtYr ��,�.,.��t� �fRPo�ul�tion.�..�F Mayor�Salary��f�-� �� Adjuste �,..,. . rl�,_�,� ,x;=,.� s�g���Y, k-_,.�,��..���, �r`� Via, $50 for misc meetings,such as Golden Valley 20,312 $11,619 $13,419 watershed/max of 3 per month No Crystal 22,014 $10,617 $10,617 No No Hastings 22,491 $8,232 $8,232 No No Chaska 24,177 $8,208 $8,208 No No Shoreview 25,043 $9,060 $9,060 No No Yes,same health,dental&life Fridley 26,347 $10,525 $10,525 as FT employee Savage 27,567 $8,000 $8,000 No No Brooklyn Center 29,810 $11,166 $11,166 No No Richfield 33,859 $10,179 $10,179 No No Inver Grove Heights 33,880 $9,000 $9,000 No No Roseville 34,178 $9,300 $9,300 No No Cottage Grove 34,502 $9,216 $9,216 No No Shakopee 34,691 $7,740 $7,740 No No Maplewood 37,755 $12,855 $12,855 No No St.Louis Park 46,293 $11,796 $16,095 EDA-$4,299 annually No Yes,same as I-I.City contributes max amount toward cafeteria type plan- $870 for co-pay plan,$950 for Apple Valley 49,376 $11,220 $11,220 No deductible plan Salary based on assumption of 20 hours per week&includes mileage&misc. Edina 49,491 $10,348 $10,348 expenses No Minnetonka 51,451 $12,000 $12,000 No No $25/HRA meeting;$750 expense Lakeville 55,772 $9,996 $10,746 allowance No Blaine 58,020 $13,637 $13,637 No No Woodbury 59,338 $8,520 $8,520 No No Yes,same as 20-hr per week benefitted employee/City pays Burnsville 61,042 $12,000 $12,000 No $340/mo premium Yes,but council member pays Eden Prairie 62,536 $9,900 $10,620 $60/mo.Technology stipend full premium Maple Grove 62,660 $14,500 $14,500 No No Coon Rapids 63,162 $14,000 $14,000 No No Yes,offers single coverage Eagan 64,206 $13,625 $13,625 No (see rate sheet) Plymouth 71,930 $14,004 $14,004 No No Brooklyn Park 75,306 $17,100 $17,100 No No Yes,same as FT employees, HRA-$50/meeting(held 12 meetings in city pays max contribution up Bloomington 84,701 $26,400 $27,000 2011) to$1,202/mo. Comparison of Council Member Salary c �i k :', i s z 7 ".t x r if' r s t,�^s r ,{ 'd 4 t _ .:� H+r.. ufr .::' iK t '. � �h '3=w}n d' �r4y� :".�,a1.�z7tdz7x rexE d.," s{ Nis^�x ..�hk�.��§ t k c€, .�.:5,'+.m.:x.x +.: ena5, Y.,.t� i.4,�^K:.. z,�` fir. �s s��r ^�+,^.:i1 t. z.e r ,, ., �ant r,1 ,, , ', �i y, ,t ?,r , -,':,,' " ,z S . `1 . Stipends Meetm Pa Per ¢s J „ . ,, : . -: `•i'�r `z.�nt�� r.. n d . f yet a..� ink t,...�# �1t .:, � 1i , ! .k:�2FIai 7�s �.' �'.:u f},mot �, xs 1'� l r gS €..:�Yi ^a 4.r..a,3',.ter}� t�S;,saf�tf."� .,,;.;�, .r.�:. .4.it, �, a. �'.L .. � >C.v.± �: r^=;akr' �,k�k i 7..4 �,. 4, a?.x�. S,. .%. rv. .3 r;-d� N u. .,� J t,,;%I'2 r r�.". t'sfk � St vr�9 '3 u"-t r ,Lit3�'r',tK .J^'4 f r:•yt,s'4^r '•r„, :,,c, ..G i i ,,` 2 PO (AIatIOriii g' ,,', n ,w t , ;` x k ,,rnc:: ,y ei 4dJ' . o rii. L,!x; dealt.,ft a,, d . ,�, r��, ,.�'��� xa v,��� pE. .,..,,=a � �Gouncll Members��.Adjusted��,�:���,��` ��r�Diems�,�� �t:�r,t��rttr�Health Care Ben�eflt �����`�6,; 50 for misc meetings,such Golden Valley 20,312 as watershed/max of 3 per $8,686 $10,486 month No Crystal 22,014 $8,167 $8,167 No No Hastings 22,491 $5,880 $5,880 No No Chaska 24,177 $6,948 $6,948 No No Shoreview 25,043 $6,720 $6,720 No No $8,632(at large), Yes,same health,dental& Fridley 26,347 $7,654(ward) $8,632 life as FT employee Savage 27,567 $6,000 $6,000 No No Brooklyn Center 29,810 $8,549 $8,549 No No Richfield 33,859 $7,901 $7,901 No No Inver Grove Heights 33,880 $7,000 $7,000 No No Roseville 34,178 $7,020 $7,020 No No Cottage Grove 34,502 $6,780 $6,780 No No Shakopee 34,691 $6,715 $6,715 No No Maplewood 37,755 $11,314 $11,314 No No St. Louis Park 46,293 $6,807 $11,106 EDA-$4,299 annually No Yes,same as FT.City contributes max amount toward cafeteria type plan- $870 for co-pay plan,$950 Apple Valley 49,376 $8,028 $8,028 No for deductible plan Salary based on assumption of 20 hours per week& includes mileage&misc. Edina 49,491 $7,758 $7,758 expenses No Minnetonka 51,451 $9,000 $9,000 No No $25/HRA meeting;$750 Lakeville 55,772 $8,664 $9,414 expense allowance No Blaine 58,020 $10,000 $10,000 No No Woodbury 59,338 $6,540 $6,540 No No Yes,same as 20-hr per week benefitted employee/City Burnsville 61,042 $8,400 $8,400 No pays$340/mo premium Yes, but council member Eden Prairie 62,536 $7,500 $8,220 $60/mo.Technology stipend pays full premium Maple Grove 62,660 $12,500 $12,500 No No $12,250(at large), Coon Rapids 63,162 $10,500(ward) $12,250 No No Ea an Yes,offers single coverage g 64,206 $10,000 $10,000 No (see rate sheet) Plymouth 71,930 $10,145 $10,145 No No Brooklyn Park 75,306 $11,400 $11,400 No No Yes,same as FT employees, HRA-$50/meeting(held 12 city pays max contribution Bloomington 84,701 $12,396 $12,996 meetings in 2011) up to$1,202/mo. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director June 50) DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: '1 Jay Lotthammer, Director, Round Lake Park Donation Parks and Recreation Rtlkh Move to: Adopt the resolution accepting the donation from the Tom and Kathy Miller Family Foundation in the amount of o assist with funding for accessible play features at Round Lake Park. Sp Mike and Jenny Garvin, along with family and friends, have continued to recruit funds to be used towards increasing accessability within parks and play areas.Qkr Was previously contributed towards the Miller Park Barrier Free Play Area.Th e success of the Miller Park improvements have inspired the Garvin§, Millers and other families to contribute towards the concept of increasing accessibility within Eden Prairie Parks.When Mr.Garvin heard of the proposed improvements to Round Lake Park, he indicated that he would like to see this donation assist with the pro.0t. BU Eden Prairie resident Mike Garvin approached staff with a pledge to assist with the funding for a Barrier Free Play Area at Miller Park.Mr.Garvin s family has made use of similar play areas while visiting other states.Mr.Garvin and hi s wife, Jenny, recognized the benefits and positive impacts that a barrier free play area can have for people with all types of abilities.Mr.Garvin and his family committed funds to add to the amount of work that was able to be performed and enhanced the accessibility of the play area.hcr eased accessibility is certainly beneficial for children who use wheelchairs, but eperience ha s shown that accessible surfaces and play components also offer greater access and enpyment to all users. This current donation epands on the concept of ba rrier free that originated at Miller Park and continues to help increase accessibility throughout the park system. Ahi Donation Check Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of o be used toward s accessible play features at Round Lake Park from the Tom and Kathy Miller Family Foundation is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this th day of June, ID Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk The Kathy & Tom Miller Foundation CITED City of Eden Prairie DATE INVOICE NO DESCRIPTION INVOICE AMOUNT 5-03-12 5312 Ashley's Playground 7525.00 CHECK CHECK DATE 5-10-12 NUMBER 634 TOTAL> 7525.00 PLEASE DETACH AND RETAIN FOR YOUR RECORDS The Kathy & Tom Miller Foundation CITED City of Eden Prairie DATE INVOICE NO DESCRIPTION INVOICE AMOUNT 5-03-12 5312 Ashley's Playground 7525.00 - - CHECK CHECK 5-10-12 NUMBER 634 TOTAL> 7525.00 DATE PLEASE DETACH AND RETAIN FOR YOUR RECORDS WARNING-THIS CHECK IS PROTECTED BY SPECIAL SECURITY FEATURES .. . The Kathy & Tom Miller Foundation JPMorgan Chase,N Delaware OH 43015 300 Prairie Center Drive Suite 245 56-15o1 Eden Prairie,MN 55344 441 952-345-7844 DATE CHECK NO. AMOUNT May 10, 2012 634 *********$7,525.00 Pay:************Seven thousand five hundred twenty-five dollars and no cents VOID AFTER 180 DAYS A\I I ,n-KNouhtVINV CAr PAY City of Eden Prairie— TO THE ORDER OF 8080 Mitchell Road Eden Prairie MN 55344 I • SECURITY FEATURES INCLUDE MICROPRINTING•VOID PANTOGRAPH•ENDORSEMENT BACKER•BROWNSTAIN CHEMICAL REACTANT 11'0000006 3tion i:044LL55LLI:13 3E1653 2135579 CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director June 511) DEPARTMENTDIISION: ITEM DESCRIPTION: ITEM NO.: :'2 Stuart FokParks and Natural Award Bid for the Round Lake Park Resources Manager, Parks and Redevelopment-Phase Ito 6ksa I Recreation Mb Move to: Award the bid for the construction of Round Lake Park Redevelopment-Phase I to 6sa Iin the amount of Xi SO Plans and specifications were prepared for this park reconstruction procct and the bid opening was held on May 9ffhere were a total of 3idders.The bids included a base bid amount and an add alternate'hmount.The bid summary is as follows: Bit Main AdU t iII Gal absa I Iii 0 IS Custom Builders hc. $ $ IP Black/Dew, LLC al II V The consultant for the procct is Brauer and Associates and their recommendation is to award the bid to the lowest bidder, d sa I The consultants estimate for this prooct was land staff concurs with their recommendation. Park construction should begin in late July with a substantial completion date of°ober ID The final completion date is June l2 BU h February of Othe Parks, Recreation and Natural Resources Commission began a visioning process that took place over the nekfew meetings.bk of the higher priorities that emerged from this session was the undertaking of a Master Plan and subsegent improvements for Round Lake Park.Some of the subcategories that the commission felt were important for the park system were:accessibility, water features, themed play areas and ekrci se opportunities for all ages.Many of these ideas have b een incorporated into the Round Lake Park Master Plan. The Parks, Recreation and Natural Resources Commission has reviewed, commented and supported the concepts and design elements of this proOct.The Commission is scheduled to review the bids on June 4th. Parks and Recreation Director Jay Lotthammer will forward the recommendation to the City Council as a part of the council presentation. The mounding for this proct is available from: • Capital hiprovement and Reinvestment Fund CRF)$D • !Park Referendum$3 • The donation from the Garvin/Miller Family $3 The CRF funds represent Round Lake planni ng and development funding scheduled for I and Mcombined with proct savings from the Riley Lake Play Area proct and the funds designated for Clay structure replacement pr opcts.The f'ark Referendum balance is currently 1.taff is proposing that ffibe used to complete the funding for this proct. Abi Brauer Recommendation Letter Bid Summary Sheet 10417 Excelsior Boulevard Suite Number One BRAUER&ASSOCIATES,LTD. Hopkins,MN 55343 I LE.D USE IRANN7\C AND DESIGN Tel(952)238-0831 Fax(952)238-0833 Website:www.brauer-ltd.com May 30,2012 Mr. Stu Fox,Manager of Parks &Natural Resources City of Eden Prairie—Parks&Recreation 8080 Mitchell Road Eden Prairie,MN 55344 Re: Recommendation to Accept Bid for Round Lake Park Redevelopment—Phase 1 Stu, We have reviewed the bid proposals for this project and found only a few minor math errors. I have included a bid tabulation,which reflects corrections of math errors. The bids ranged from approximately 5%lower than our projected estimate,to approximately 15%higher than the estimate. Odesa II submitted the lowest responsible bid for this project along with the required bidder qualification and irrigation installer qualification forms. Brauer&'Associates,Ltd.has worked with Odesa II on many other park projects of various sizes and complexity throughout the years with positive outcomes. This Contractor successfully completed the first two phases of the recent Miller Park Play area improvements. We understand that the City of Eden Prairie concurs that this Contractor is suitable for the project. As such,it is our recommendation that the City accepts Odesa II's bid and executes a contract for construction of this project. Per our earlier discussions and your list of priorities,we are recommending proceeding with the base bid and all of the alternate bid items, which results in a total contract amount of$1,608,611.50. As with any site construction project,we also recommend setting aside a construction contingency of 5%to account for potential unknowns that may arise throughout construction. As always, it has been a pleasure working with you and the City of Eden Prairie on this very exciting project so far. We all look forward to seeing this amazing transformation unfold. Please let me know once the project is officially awarded and I will coordinate with the Contractor to schedule a preconstruction meeting with you and other staff. If you have any questions or concerns,please call me at(952)238-0831 ext. 14. Thank you! Sincerely, Brauer&Associates,Ltd. • son L. erg,Vic Presi nt cc: Jay Lotthammer end: Bid Tabulation Recommendation to Accept Bid 1 of 1 M N gWi N 6 • e- ry• i 2 -0 C 'T C^„ ,--I LA l0 a C 0 'Cr Qi CO �O gtsC N_ cc; 6 Ln M p '> LA O l0 _ i L - o N. ,-1 CO 2 0. roQj L ill rl -69- rl a..i u _ X 3 = 3 F.F. x _ -� no E E CO 0 0 E,Vils C a) u u 7 R = a., Yo ) 17 i U c .5 a) a) CSli d �p CD CD CDLb LA CDLA _ i 6LA ,� to O '`:>, Qi Q; co a) a) "0 a) p. H N N . CD '5 f0 CN; � 2 a) ,. h x x x x '-' 'A a > LET c e p no > :_ 2, lie -tea Lo LA o Lri c J 2 � Ln N a) C -I a Lo ` T tn 'N a.) � N-) M a QJ 3 N. 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