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HomeMy WebLinkAboutCity Council - 06/19/2012 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JUNE 19, 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 77 I. 2013-2022 CAPITAL IMPROVEMENT PLAN Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 19, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road 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 ALLEGIANCE/COLOR GUARD III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RELAY FOR LIFE PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY JUNE 5, 2012 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 5, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRAIRIE OAKS CORPORATE CENTER by CSM Corp. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 8.4 acres and Zoning District Amendment within the I-5 Zoning District on 8.4 acres ; Resolution for Site Plan Review on 8.4 acres. Location: 6455 Flying Cloud Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.80 RELATING TO ADMINISTRATIVE APPEAL CITY COUNCIL AGENDA June 19, 2012 Page 2 D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.05, SUBD. 11 RELATING TO EMERGENCY SERVICE COSTS E. APPROVE ANNUAL REPORT FOR THE PHASE II NPDES STORM WATER PERMIT PROGRAM, I.C. 02-5585 F. APPROVE WETLAND PERMIT APPLICATION FOR EDEN PRAIRIE WOODS, I.C. 02-5585 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CNA CONSULTING ENGINEERS FOR TUNNEL SERVICES FOR HOMEWARD HILLS RD. CULVERT REPLACEMENT, I.C. 5545 H. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE FLYING CLOUD DRIVE SANITARY AND STORM SEWER REPLACEMENT PROJECTS, I.C. 11-5791 I. APPROVE CONTRACT WITH ELECTRICAL INSTALLATION AND MAINTENANCE CO. FOR REPLACEMENT OF WELL 8 ELECTRICAL EQUIPMENT J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BAUER & ASSOCIATES LTD FOR THE ROUND LAKE PARK PHASE I IMPROVEMENTS FOR SITE IMPROVEMENTS K. AWARD BID FOR TENNIS AND BASKETBALL COURT RECONSTRUCTION AT WYNDHAM KNOLL PARK L. AWARD CONTRACT FOR BUILDING RESTORATION REPAIRS TO RESTORATION SYSTEMS, INC. M. APPROVE THE JOINT POWERS AGREEMENT WITH METROPOLITAN AIRPORT COMMISSION (MAC) FOR MITCHELL ROAD IMPROVEMENTS N. APPROVE SECOND READING OF AN ORDINANCES APPROVING A FRANCHISE AND AN ORDINANCE APPROVING FRANCHISE FEES FOR CUSTOMERS OF XCEL ENERGY AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION O. APPROVE SECOND READING OF AN ORDINANCES APPROVING A FRANCHISE AND AN ORDINANCE APPROVING FRANCHISE FEES FOR CUSTOMERS OF CENTERPOINT ENERGY AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL AGENDA June 19, 2012 Page 3 P. APPROVE SECOND READING OF AN ORDINANCES APPROVING A FRANCHISE AND AN ORDINANCE APPROVING FRANCHISE FEES FOR CUSTOMERS OF MINNESOTA VALLEY ELECTRIC,APPROVE AGREEMENT WITH MINNESOTA VALLEY ELECTRIC AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.05 RELATING TO COUNCIL COMPENSATION B. FIRST AND SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.33 RELATING TO CRIMINAL HISTORY CHECKS AND ADOPT RESOLUTION FOR SUMMARY PUBLICATION XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Highway 101 Update 2. Land Alteration Permits for 9805 and 9765 Sky Lane F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS CITY COUNCIL AGENDA June 19, 2012 Page 4 XVI. ADJOURNMENT REVISED ANNOTATED AGENDA DATE: June 15, 2012 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, June 19, 2012 TUESDAY,JUNE 19, 2012 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subkct matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have gestions about Open Podi um, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. RELAY FOR LIFE PROCLAMATION Eden Prairie Relay for Life Committee Member Sue Ellen Toppings will accept the proclamation and provide a short update about this year's event. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 5, 2012 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 5, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION Ed Muehlberg, Chair of the HPC, will present a PowerPoint update from the Commission. ANNOTATED AGENDA June 19, 2012 Page 2 VIII. CONSENT CALENDAR MOTION: Move approval of items A-P on the Consent Calendar. A. CLERK'S LICENSE LIST B. PRAIRIE OAKS CORPORATE CENTER by CSM Corp. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 8.4 acres and Zoning District Amendment within the I-5 Zoning District on 8.4 acres ; Resolution for Site Plan Review on 8.4 acres. Location: 6455 Flying Cloud Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.80 RELATING TO ADMINISTRATIVE APPEAL D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.05, SUBD. 11 RELATING TO EMERGENCY SERVICE COSTS E. APPROVE ANNUAL REPORT FOR THE PHASE II NPDES STORM WATER PERMIT PROGRAM, I.C. 02-5585 F. APPROVE WETLAND PERMIT APPLICATION FOR EDEN PRAIRIE WOODS, I.C. 02-5585 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CNA CONSULTING ENGINEERS FOR TUNNEL SERVICES FOR HOMEWARD HILLS RD. CULVERT REPLACEMENT, I.C. 5545 H. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE FLYING CLOUD DRIVE SANITARY AND STORM SEWER REPLACEMENT PROJECTS, I.C. 11-5791 I. APPROVE CONTRACT WITH ELECTRICAL INSTALLATION AND MAINTENANCE CO. FOR REPLACEMENT OF WELL 8 ELECTRICAL EQUIPMENT J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BAUER & ASSOCIATES LTD FOR THE ROUND LAKE PARK PHASE I IMPROVEMENTS FOR SITE IMPROVEMENTS K. AWARD BID FOR TENNIS AND BASKETBALL COURT RECONSTRUCTION AT WYNDHAM KNOLL PARK L. AWARD CONTRACT FOR BUILDING RESTORATION REPAIRS TO RESTORATION SYSTEMS, INC. ANNOTATED AGENDA June 19, 2012 Page 3 M. APPROVE THE JOINT POWERS AGREEMENT WITH METROPOLITAN AIRPORTS COMMISSION (MAC) FOR MITCHELL ROAD IMPROVEMENTS N. APPROVE SECOND READING OF AN ORDINANCES APPROVING A FRANCHISE AND AN ORDINANCE APPROVING FRANCHISE FEES FOR CUSTOMERS OF XCEL ENERGY AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION O. APPROVE SECOND READING OF AN ORDINANCES APPROVING A FRANCHISE AND AN ORDINANCE APPROVING FRANCHISE FEES FOR CUSTOMERS OF CENTERPOINT ENERGY AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION P. APPROVE SECOND READING OF AN ORDINANCES APPROVING A FRANCHISE AND AN ORDINANCE APPROVING FRANCHISE FEES FOR CUSTOMERS OF MINNESOTA VALLEY ELECTRIC,APPROVE AGREEMENT WITH MINNESOTA VALLEY ELECTRIC AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.05 RELATING TO COUNCIL COMPENSATION Synopsis: The City Council regested that the Budget Advisory Commission conduct a review of council pay. The BAC submitted its May 2012, which the City Council reviewed at its June 5, 2012 meeting. The Council directed that staff prepared an ordinance for City Council consideration that raises the salaries of the Mayor and City Council based on the information provided by the BAC. The Council reviewed the Budget Advisory Commission May 2012 Report on Mayor and Council. The report identified that the last pay raises were in 2002 and 1992. A technology stipend of$0 a month was adopted in 2000. In 2010 there was a discontinuance of special meeting pay that the BAC noted effectively reduced compensation to the Mayor and Council members. The BAC reviewed data of four metropolitan cities with populations greater than 60,000 and Iss than 0,000 people. The BAC found that the Eden Prairie Mayor and Council Member salaries were the lowest in this group. The BAC report states that it believes there was adegate data to support a salary increase. At the June 5, 2012 meeting the Council discussed the report and directed staff to prepare an ordinance for consideration by the Council that raises the salaries of the Mayor and City Council to the mean of the four cities identified in the BAC report. This Ordinance Amendment revises the salaries of the Mayor and Council Members accordingly. ANNOTATED AGENDA June 19, 2012 Page 4 MOTION: Move to approve first reading of the Ordinance Amending Section 2.05 of the City Code relating to Salaries of Mayor and Council Members. B. FIRST AND SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.33 RELATING TO CRIMINAL HISTORY CHECKS AND ADOPT RESOLUTION FOR SUMMARY PUBLICATION Synopsis: The City obtains criminal history information for employment and licensing purposes using the Police Department's access to data maintained by the Bureau of Criminal Apprehension (3CA) The BCA recommended certain changes in the ordinance for purposes of accessing the BCA data. This amendment makes the changes recommended by the BCA. MOTION: Move to adopt the first and second reading of the Ordinance Amending City Code Section 2.33 relating to Criminal History Checks and adopt Resolution approving Summary Ordinance for publication. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Synopsis: Applications for Students on Commissions positions were accepted from mid-April to the end of May. Commission Staff Liaisons met on June 'to review and discuss the applications. The attached appointment recommendations are based on the students' stated Commission preferences and the quality of their applications. Sixteen students are being recommended for appointment. The Fall Students on Commission term is from September through December 2011. The Spring term is from January 2012 through April 2012. An orientation session will be held during the late summer. MOTION: Move to: • Appoint to the Conservation Commission Natalie Sell for the Spring term; Sara Schmit for the Fall term; and Siddeswari Thunuguntla to Fall and Spring terms; and • Appoint to the Flying Cloud Airport Advisory Commission: Kevin Gadel, Peter Humbert, and Emily Richter for the Fall and Spring terms; and • Appoint to the Heritage Preservation Commission Melissa Berman and Leann Zhang for the Fall and Spring terms; and • Appoint to the Human Rights and Diversity Commission Kristina Busch for the Fall term, and Jamie Bernard and Camrie Vlasak for the Fall and Spring terms. ANNOTATED AGENDA June 19, 2012 Page 5 • Appoint to the Parks, Recreation, and Natural Resources Commission Natalie Townsend for the Fall Term, and Yasmin Atef- Vahid, Roseann Awad and Vy Nguyen for Fall and Spring terms. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Highway 101 Update Public Works Director Robert Ellis will provide an update. 2. Land Alteration Permits for 9805 and 9765 Sky Lane Synopsis: Land alteration permit applications have been submitted for 9805 Sky Lane Meadows LLCDriver property)and 965 Sky Lane Manley DevelopmentSmith property)to place approximately 53,000 cubic yards of soil material on the two properties 08,000 cubic yards at 9805 Sky Lane and 25,000 cubic yards at 965 Sky Lane) The soil material will originate from the city council approved Eden Prairie Woods Ninepin Vlage Site B Toll 2012klevelopment prokct located on the east side of Eden Prairie Road. The Eden Prairie Woods prokct has approximately 58,000 cubic yards of exess soil material that needs to be transported off of the site. The engineering staff supports the land alteration permit regest due to the efficient use of the available soil material, minimizing disruption to the neighborhood, and reducing the hauling operations on local streets. Staff sent a notice of the proposed land alteration permit regest to all property owners within the Eden Prairie RoadBeverly D rive neighborhood. Permit Recommendations and Conditions In addition to the standard land alteration permit regirementstonditions securities, fees, storm water pollution prevention plan 6WPPP)working hours, erosion and dust control,restoration, etc.) staff would recommend that the permit approval be subkct to Metropolitan Airport Commission MAC) approval for the use of the eisting construction access road on MAC property. Currently, the access road is closed but the proponent will need to obtain written approval from MAC to re-open the access road for the proposed hauling operation, as well as a potential construction access in the future Ripon approval of their respective development proposals) The nek available MAC board meeting is June 18, 2012 at which time the MAC board ANNOTATED AGENDA June 19, 2012 Page 6 can consider the access road regest. If MAC approval of the construction access is denied, staff would further recommend that the permit approval be subkct to the proponents overlaying Beverly Drive from Sky Lane to Ede n Prairie Road or providing security in the amount of 125%f the value of the overlay prior to the issuance of the land alteration permit. MOTION: Move to: Approve Land Alteration Permit(s) for 9805 Sky Lane and 9765 Sky Lane subject to recommendations as outlined below. OR Move to: Deny the land alteration permit request. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: 1k. PROCLAMATION City ofEden Prairie Hennepin County, Minnesota American Cancer Society Relay for Life®Eden Prairie Event WHEREAS, Relay For Life is the signature activity of the American Cancer Society and celebrates cancer survivors and caregivers, remembers loved ones lost to the disease, and empowers individuals and communities to fight back against cancer; and WHEREAS, money raised during Relay for Life of Eden Prairie supports the American Cancer Society's mission of saving lives and creating a world with less cancer and more birthdays —by helping people stay well, by helping people get well, by finding cures for cancer and by fighting back; and WHEREAS, Relay for Life helped fund more than $130 million in cancer research last year. NOW, THEREFORE, BE IT RESOLVED, that the Eden Prairie City Council does hereby proclaim July 13 and July 14, 2012 as "RELAY FOR LIFE DAYS" in Eden Prairie and encourages citizens to participate in the Relay For Life event at Eden Prairie High School on July 13 to the 14, 2012. Nancy fy a-Lukens, Mayor City of Eden Prairie UNAPPROVED MINUTES ITEM NO.: X 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 77 I. GREATER MSP Three representatives from Greater MSP-Kathy Schmidlkofer, Etcutive Me President;Sara Perlman Barrow, Director of hvestor Relations;David Griggs, Me President of Business hvestment-gave a presentation about their organization. Schmidlkofer said Greater MSP was formed in late (s an outgrowth of the Iasca Prokct.The founders of Greater MSP were c oncerned about data that showed that even before the current economic recession began, the Minneapolis St.Paul region had fallen behind the national average on pb growth. Gr eater MSP§research also showed that although a number of organizations in Minnesota focus on economic development, the greater Minneapolis St.Paul region lacked a coordinated business development effort. Greater MSP aims to accelerate pb growth and capital in vestment in the kounty region through economic strategy development, branding and marketing the region, and serving business clients as a one-stop shop. Greater MSP is a public-private partnership with investors from the business sector as well as a number of cities and counties. Efforts are focused in three areas:business rete ntion, epansion and attraction. Their RD estimates forecast that every dollar invested stimulates $n revenue, $n new payroll and $n increased gr oss regional product. Community Development Director Janet Jeremiah asked if there are goals regarding the ratio of private and public membership.S chmidl kofer said the goal is to be private-sector led. Mayor Tyra-Lukens asked what tools Greater MSP uses for retention. Griggs said they bring in their regional partners to understand what a company needs and why they are looking outside the area. Jeremiah as ked how much Eden Prairie would pay for membership in Greater MSP. Schmidlkof er said Eden Prairie would pay $der year to participate. City Council Workshop Minutes June 5, 2012 Page 2 Council Member Case asked Economic Development Manager David Lindahl to put together a summary of the pros and cons to membership in Greater MSP and forward the report to the City Council for consideration. Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: R. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 5, 2012 7:00 PM, CITY CENTER CiCIn 00 M[Rd 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(PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. HUMAN RIGHTS AWARD PRESENTATION Pam Spera, Chair of the hlnan Rights &diversity Commission, announced that Daryl Stanton was selected to receive this yeaA individual human rights award for his work as a volunteer at Eden Lake School for the past three years.Mayor Tyra- Lukens presented the award to Mr.Stanton. Ms Spera said this yeaA human rights award for a business goes to C.lRobinson Worldwide, hc.A group of employees at C.lRobinson have planted and maintained a community garden on space provided by the company.They share the produce from the garden with PROMayor Tyra-Lukens presented the award to the group from C.lRobinson. Tyra-Lukens noted it is always wonderful to hear about the great things happening in our community. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added IAKV.A.2 &. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. MIE-0. CITY COUNCIL MINUTES June 5(b Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 15, 2012 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, May As published. Mim,1W BK V* B. CITY COUNCIL MEETING HELD TUESDAY, MAY 15, 2012 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, May As published. Moo, iBsVi6 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERKS LICENSE LIST B. REPUBLIC COMPRESSED NATURAL GAS FUELING FACILITY by Clean Energy.Second Reading of D dinance ZPD-4or Planned bit Development District Review on acres and Xhing District Amendment within the Inning Dist rict on acres ;Resolution Nor Site Plan Review on Atcres.Location:S'lying Cloud Drive. OW02- 2012-PUD-7-2012(PUD DIR& *)&A#i RkNo2012-5 ISIPIRov C. APPROVE SECOND READING OF ORDINANCE NO. 13-2012 ADDING CITY CODE SECTION 5.75 RELATING TO ILLICIT DISCHARGE DETECTION AND ENFORCEMENT AND ADOPT RESOLUTION 2012- &PPROVING SUMMARY ORDINANCE FOR PUBLICATION D. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 66.04 E. APPROVE THE CITYS CAPITAL ASSET POLICY F. APPROVE CHANGE ORDER 4 FOR DEBBIE LANE AND ELLIE LANE DRAINTILE PROJECT G. ADOPT RESOLUTION NO. 2012-8 AWARDING CONTRACT FOR THE MITCHELL ROAD STREET IMPROVEMENT PROJECT TO NORTHWEST ASPHALT, INC. H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION SERVICES ON THE MITCHELL ROAD PROJECT CITY COUNCIL MINUTES June A Page 3 I. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS J. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH GRACE CHURCH FOR THE MITCHELL ROAD IMPROVEMENTS K. ADOPT RESOLUTION NO. 2012-90 APPROVING AMENDMENT NO. 3 TO FIRST AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT FOR STERLING PONDSPRAIRIE VILLAGE PROJECT AND CONSENTING TO ERCUTIO N OF AMENDMENT NO. 3,A SUBORDINATION AGREEMENT AND A RELEASE OF MORTGAGE L. AWARD CONTRACT FOR REMOVAL AND REPLACEMENT OF THROUGH- WALL FLASHING AT WATER TREATMENT PLANT TO ADVANCED MASONRY RESTORATION M. SET PUBLIC HEARING FOR TUESDAY,JULY 17, 2012, REGARDING MODIFICATION OF TIF 42 A ND RELATED TIF DISTRICT INFORMATION MOTION: Aho moved, seconded by Butcher Wickstrom, to approve Iems A-M on the Consent Calendar. MUE-0. IX PUBLIC HEARINGS/MEETINGS A. CUMMINS —PHIPPS-GRILL PROPERTY CONDITIONAL USE PERMIT Getschow said official notice of this public hearing was published in the May O n Prairie Aiv and sent to property owners.The Eden Prairie 14torical Society currently leases the Cummins Phipps Grill Westead and has regested a conditional use permit CPT)to allow certain activities to occur inside and outside the building.The Planning Commission voted `(to recommend approval at its May 4(kneeting.The Hitage Preservation Commission voted s(to recommend approval of th e CPJwith conditions regarding any changes to the use of the building or site, the shared parking area at the site, and prohibiting parking on the landscaped area around the house. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing and to approve the conditional use permit for Cummins Phipps Grill bbse. MlE-0. B. FIRST READING OF ORDINANCES ENACTING FRANCHISE FEES FOR CUSTOMERS OF KEL ENERGY, CENTERPOINT ENERGY AND MINNESOTA VALLEY ELECTRIC COOPERATIVE IN THE CITY OF EDEN PRAIRIE CITY COUNCIL MINUTES June A Page 4 Getschow said for the past year and a half we have been discussing our future capital funding needs.The Budget A dvisory Commission (3AC)studied many possible sources of revenue to fund our capital improvements and recommended enacting utility franchise fees on residential and commercial property.The City has provided presentations, an open house and work sessions about franchise fees to the community.There has been information about this on our Facebook page, on City blogs, in the newspapers and on the website.h addition to th e outreach activities, we have chosen to hold a public hearing about the ordinance even though such a hearing is not regired. Ellis said the purpose of the franchise fees is to provide for long term maintenance of our streets.The proposed ordinances allow the utility companies to conduct business in Eden Prairie, allow them to use the right-of-way, set provisions for operating in the public way, and will now include a section that establishes the franchise fees.There are additional costs to maintain the roads because the utilities are in the right-of-way.Hgave a Powe rPoint presentation that reviewed the current condition of the streets in Eden Prairie and the prokcted costs to maintain and upgrade the streets in the future. Ellis said the BAC recommended the franchise fee be a flat fee rather than an ad valorem fee, and the utility companies much prefer the flat fee.Franchise fees are fairly common throughout the metropolitan area and are easy to administer.The fees will provide a stable source of revenue for our street maintenance needs.H said the proposed fees will generate approximately *nnually. Nelson asked why we are not planning to keep our roads at a pavement condition inde)of Rather than le tting them drop to (Ellis said it is primarily a matter of the return on investment.As the City ages, the investment regired to maintain at the higher percentage outweighs the benefit. Tyra-Lukens asked what the difference in appearance would be for a street at the two different percentages.Ellis said the average person wouldnt notice the difference between a very good road and one in good condition. Nelson noted this is really a way of being fiscally responsible but keeping up with the peoples'epectations.Ellis said we antic ipate re-evaluating in five years to see if changes to the fees are needed to keep up with the maintenance costs. Getschow said we have talked about assessments, and the BAC looked at those as one source of revenue for mapr main tenance and reconstruction.With the enactment of franchise fees we are looking far enough ahead that we will not need to look at assessments.The funds generated by the franchise fees will be dedicated to maintaining our roads.We are foregoi ng assessments and the volatility of a levy by implementing the fees. Case said he assumed the fees would cover all of the items involved in street maintenance and reconstruction, including curb and gutter, stormwater CITY COUNCIL MINUTES June 5(b Page 5 management and sidewalks.Hnoted some older neighborhoods have never received street improvements, and the City policy has been that everyone pays for those items the first time.Hasked if the older neighborhoods would still be liable to pay for the construction of streets the first time,but would have maintenance or reconstruction paid for by their franchise fees.Ellis said they would have an obligation to pay one time for the urban street improvements. Case noted many cities are facing this issue, and there are different ways of funding street maintenance.Putting the costs for th is into the general budget would result in a &increase.Special assessments ar e painful for those involved.Hfelt this is, in many ways, the fairest way of funding. There were no comments from the audience. Tyra-Lukens thanked staff and the BAC for gathering the information and working through the funding options.She thought it was good to take a longer time to discuss this and get information about franchise fees out to the public. MOTION: Aho moved, seconded by Nelson , to close the public hearing. Mh if-0. MOTION: Aho moved, seconded by Nelson, to approve first reading of an ordinance adopting and approving a franchise for Ye1 Energy;and to approve first reading of an ordinance adopting and approving franchise fees for Ye1 Energy. MlE-0. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve first reading of an ordinance adopting and approving a franchise for CenterPoint Energy;and to approve first reading of an ordinance adopting and approving franchise fees for CenterPoint Energy. MlF-0. MOTION: Nelson moved, seconded by Case, to approve first reading of an ordinance adopting and approving a franchise for Minnesota Mley Electric Cooperative;and to approve first readi ng of an ordinance adopting and approving franchise fees for Minnesota Mley Electric Cooperative. MlF-0. X PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of claims as submitted. MI 1AhB8Vki CgNbF0.1W' K ORDINANCES AND RESOLUTIONS A. EDENDALE PARKING ERANSION & SITE IMPROVEMENT by Edendale Residence he. Regest for Planned bit Development Concept Review on 3 acres, Planned bit Development District Review with waivers and Xning District Amendment in the RM-%hing District on acres JZWo2012-91 CITY COUNCIL MINUTES June 5@ Page 6 1PUD CjR0v Second Reading of the filinance for Planned bit Development District Review with waivers and zoning District Amendment in the RM-%hing District on acres, Resolution for Site Plan Review OW042012-PUD-82012(P1 dADjDk RWWL kA#Wo2012-92 11;IPIRO' Getschow noted this item was on the Council agenda the first meeting in May.The prokct has been revised, a nd the parking area is now fleet away from the residential property.The gara ge is now fleet from the north property line.There will be an eight foot fence added along the parking area that is located fleet from the northern property line.Waivers are regired for the fence height, tree replacement and maintenance free siding. Rosow noted there is an organizational change to the conditions added to the ordinance in lieu of having a development agreement. Case asked if the neighbors on the north side of the property were involved in the revision process.Jeremiah said they have been in contact with the two neighbors who are immediately to the north.&of the neighbors was very pleased with the outcome and response.Ms Robinson did gestion whether a couple more trees could be planted,but that would regire taking out emoting vegetation in order to plant more trees.Ms Robinson was invited to come to this meeting or to send an email, but we have not heard back from her. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution Nor Planned bit Development Concept Review on %cres;and to approve 1t reading of the ordinance for Planned bit Development District Review and Xning District Amendmen t in the RM-%hing District on d acres. Mib-0. MOTION: Aho moved, seconded by Nelson, to approve 2d reading of Oinance No. 4PD-8For Planned bit Development District Review with Waivers and Xning District Amendment in the RM fining District on 3 acres;and to adopt Resolution No.ffor Site Plan Review. Mil 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.0 RELATING TO ADMINISTRATIVE APPEAL Rosow said this item adds clarification to our City code section concerning the right of administrative appeal.b accordance with State statute, the code is amended add that the City Council does not have authority over personnel matters. Case asked why we have to reiterate this in our City code if it is covered in State statute.Rosow said he wanted to have it s tipulated in City code in case of gestions about it.Case asked if this amendment would relate to a situation like the one that originated with the City Manager Wears ago.Roso w replied there was not an CITY COUNCIL MINUTES June 5(b Page 7 appeal to the City in that case, and there is not a playbook for how that happens.I someone is adversely impacted by a decision of the City Manager and wants to appeal that decision, the appeal is to District Court, not to the City Council. MOTION: Nelson moved, seconded by Aho, to approve first reading of an ordinance amending City Code Section&elating to administrative appeal. MlE-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.05, SUBD. 11 RELATING TO EMERGENCY SERVICE COSTS Rosow said the Fire Chief asked if any changes were necessary to this section of the code to ensure the City can charge for emergency services it provides.This modification allows us the fullest authority possible to recoup costs. MOTION: Aho moved, seconded by Case, to approve first reading of an ordinance amending City Code Section OSubd.Velating to emergency service costs. MlF-0. M. PETITIONS, RELIES TS AND COMMUNICATIONS III. APPOINTMENTS KV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. MiUROMICIn Tyra-Lukens said this was something the Council asked the BAC to look at. She noted Eden Prairie has traditionally been in the lowest range for comparable cities for compensation to the Mayor and Council Members.The BACK analysis indicates that is still true when we are compared to our peer cities and other comparable cities.She noted this item was on the agenda for the last meeting but she asked that it be postponed to tonight agenda so Council Member Butcher Wickstrom could participate in the discussion.She asked what the procedure would be if the Council decided to take action on the item.Getschow replied any change to Council compensation would be done through an ordinance, so action would be direction for the nekmeeting. Hnoted any change made to Council compensation would not take effect until after the nekelection. Aho said one of the recommendations from the BAC was to consolidate the technology component and the regular salary.Hthought that would make it more transparent and would be similar to the City Managers salary structure. The other item discussed was meeting pay, and he was still in favor of keeping that out of the compensation.Hthought having one set salary amount is the right way to go. CITY COUNCIL MINUTES June A Page 8 Butcher Wickstrom agreed with Council Member Aho about the structure. She noted she was very pleased with the research and analysis done by the BAC.She believed it is important for th e Council to have a salary that is commensurate with cities that are similar to Eden Prairie.t also makes sense to have an adjustment for inflation. There has been no change since Oand the issue is providing fair compensation for the duties and responsibilities of the positions.She also thought we s hould keep the option for any Council Member or Mayor to turn back any of their salary to the City. Case said this is always a tough conversation to have.Hnoted we set a salary for the positions of Council Member and Mayor, not j st for ourselves. htegrity needs to be maintained, and he thought it is important that Eden Prairie or any city in the State keep up with cities that are egal in size.H agreed that it should be simple, fair and somewhat eqi valent to other cities of our size. Nelson agreed we should do the same as the City Managers pay and include all compensation in one amount.She wont d prefer to see the compensation on the lower end rather than the higher end.She would not want to see the increase be any more than the percentage increase our staff was given. Tyra-Lukens commented that people dont do this for the money;however, she didnt think we are out of line asking for an increase.t is important that we are fairly compensated for the time we spend and the work we do.The BAC report talked about five cities that are pretty close to Eden Prairie in terms of size.The BAC made the comment that the comparison places the Eden Prairie Mayor and Council Member§ pay at the lowest level.h addition, some of the other cities provide dental and health care.She would like to see the level brought up to the median of the other four cities for both the Mayor and City Council Member salaries.She noted we probably wont stay at that level for long as other cities will make adj stments to their compensation. Butcher Wickstrom said she agreed with the Mayors proposal to get to the median.Case thought that seemed fair. Getschow said the current Council salary is S year, and the Mayor salary is $The median would be about $Wor the Council and ,Vor the Mayor.Tyra-Lukens said it should be calculated by taking Eden Prairie out of the mband calcul ating the median for the other four cities, and that is the direction to staff for the nekmeeting. 2. DdrdCiEiHCVdWa Case said he received a call from a resident whose property backed up to a pond that is bordered by a foot eas ement owned by the City. A large cottonwood fell down in the easement which makes it a iio to uch"situation. CITY COUNCIL MINUTES June A Page 9 The resident is interested in having it removed at their own epense.Case said he liked the concept of ho touch"and having large outlots and wooded areas that are completely natural;howeve r,he was not sure that was what we intended for a small 3foot border area. Tyra-Lukens said the intent was not to allow structures or clear cutting in the easements.This seems like one of the cases where a review process could be used to make e&eptions. Aho thought we should not make it the residents responsibility to take care of it. Nelson was not sure the ho touch"concept makes sense in a lot of cases.She thought we need to relook at the policy because it is having an impact beyond what it should be having. Rosow said the code states a conservation easement granted to a private property owner is to be preserved predominantly in its natural condition and no trees or shrubs should be planted or removed without prior written consent of the City. Getschow said staff understands things need to be evaluated on a case by case basis and will look into this further. Case said he was okay with staffs j dg ment,but staff needs to be made aware we have had this conversation.Hthought there will always be gray areas in these matters. 3. RI rdH)t01--CHdWa Case said his condolences go out to the Trudeau family.Hsaid the incident brought back memories of our conversations with Chanhassen, Carver County and Ninepin County about the Hy &pansion.This incident has raised the issue again about the safety of W y GIwould like staff to see what the current situation is regarding Hy @ and see if there is some path to go forward on this matter and possibly make this a priority again.Halso asked if there is anything staff could or should be doing to make it safer for our residents if we find there are no plans to improve the road. Tyra-Lukens agreed with Council Member Cased suggestions and also offered condolences to the Trudeau family from all the City Council Members. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR CITY COUNCIL MINUTES June A Page ID 1. Rd.WIDIRkTo2012-93) 2. Rd W CtAd Lotthammer reviewed the process the Parks Commission went through to develop a master plan and to do visioning for the City parks system.& of the high priority items to come from the process was the upgrade of Round Lake Park.Hreviewed the design plan for the park.Hnoted the prokct was sent out for bids with some alternate items.The bids came back and the lowest one was about�o less than the engineers estimate.The funding for the prokct includes dollars budgeted in the CP for IKnd (For Round Lake, some savings from the prokct at Lake Riley and savings from another play structure in the system.A lot of the prokcts funded by the 0 referendum came in under budget, so staff is proposing Uf that be used for this prokct.The donation on tonight agenda is coming from the MilleriGarvin families who di d a lot of fund-raising prokcts for Miller Park. They have raised another*owards improving accessibility across the City park system.The Parks Commission reviewed the final plans and the contractors'bids last night and recommended we move forward with the prokct, including the alternates. Nelson said at a recent planning meeting we talked about a plan for adding more benches for seniors with mobility issues and asked if we have taken that into account in a big park renovation prokct like this.She asked if we have benches that will make this a walkable park for seniors.Lotthammer replied said there are benches placed around the lake along with fitness stations and picnic tables.Nelson asked if he believes it takes into account the seniors' regest for walkability and more benche s.Lotthammer said he believes it does.h addition we are placing cone rete under ei-sting benches and are providing new types and styles of benches at Round Lake and Staring Lake as well as improving the accessibility. Aho said it is wonderful to see the commitment to the community by our residents who raise money for prokcts in our City. Tyra-Lukens noted the Parks and Recreation Department does a great pb of doing programming in our parks, particularly in the summer. MOTION: Aho moved, seconded by Case, to adopt Resolution NoA %ccepting the donation from the Tom and Kathy Miller Family Foundation in the amount of Xo assist with funding for accessible play features at Round Lake Park. MIE-0. MOTION: Case moved, seconded by Nelson, to award the bid for the construction of Round Lake Park Redevelopment Phase Ito flhsa I MlE-0. CITY COUNCIL MINUTES June 5@ Page 1 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY X. OTHER BUSINESS XI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Aho, to adpurn the City Council meeting. MUEF-0. Mayor Tyra-Lukens adpurned the meeting at IPM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: 1k. Christy Weigel, Clerk§ License Application List Police/Support bit TWI#Oft Rah Mh Approve the licenses listed below AdLiUia 2AM CWInRk Redstone American Grill he DBA:Redstone American Grill CITY COUNCIL AGENDA DATE: June ED SECTION: Consent Agenda DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: R. Community DevelopmentPlanning prairie bks Corporate Center Janet JeremiahRegina Roks Rifth Move to: • Approve 2nd Reading of the Oinance for Planned bit Development District Review and Xning District Amendment within th e Inning District on acres; d • Adopt Resolution for Site Plan Review on&cres;d • Approve the Development Agreement for Prairie bks Co rporate Center. Sp This is final approval for a parking lot epansion. Bl#fn The Way Review Period Epires on July 2(D Abn J Oinance for PD District Review and Xning District Amendment 2 Summary filinance 3 Resolution for Site Plan Review 4 Development Agreement PRAIRIE OAKS CORPORATE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 15-2012-PUD-9-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1 That the land which is the subkct of this Oinance hereinafter, the fand)fs 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 liming District SPD-4ereinafter PD-0� Section 3 The City Council here by makes the following findings: A. PD-05s not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PD-05s designed in such a manner to form a desirable and unified environment within its own boundaries. C. The e&eptions to the standard regire ments of Chapters land 1)f the City Code that are contained in PD-45 r a justified by the design of the development described therein. D. PD-05s of sufficient size composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsegent unit. Section 4 The land shall be subkct to the terms and conditions of that certain Development Agreement dated as of June 90entered into between CSM Egities i LLC, and the City of Eden Prairie, bereina fter Development Agreementy The Development Agreement contains the terms and conditions of PD-05and are hereby made a part hereof. Section 5 The proposal is hereby adopted and the land shall be, and hereby is amended within the 13)istrict and shall be in eluded hereafter in the Planned bit Development 05and the legal descriptions of land in e ach district referred to in City Code Section l subdivision jsubparagraph B, shall be and are amended accordingly. Section 6 City Code Ch apter bntitled General Provisions and Definitions Applicable to the Entire City Code hcluding Penalty for Mlation"and Section tntitled Mlation a Misdemeanor"are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7 This Oinance 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 5 "'day of May, Mand 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 9 "'day of June, ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens, Mayor P13L EBD in the ffn Prairie Aivonz@ ENIBIT A PUD LSO- Lot JBlock ]Prairie bks Corporate Center PRAIRIE OAKS CORPORATE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 15-2012-PUD-9-2012 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 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendm ent of the zoning of land located at 6 Flying Cloud Drive within the 15 fining District. Ehibit A, included with this filinance, 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 P13L EBD in the ffn Prairie Avon z(D (A full copy of the tekof this filinance is available from City Clerk) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRAIRIE OAKS CORPORATE CENTER BY CSM EQITIES II, L.L.C. WHEREAS, CSM Egities i LLC, has applied for Site Plan approval of Prairie kks Corporate Center construct a parking lot,by an Oinance approved by the City Council on June 90ind WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 2(kneeting and recommended approval of said site plans;and WHEREAS, the City Council has reviewed said application at a public hearing at its May 5(kneeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Prairie bks Corporate Center based on the Development Agreement between CSM Egities i LLC, and the City of Eden Prairie, reviewed and approved by the City Council on June ED ADOPTED by the City Council of the City of Eden Prairie this 9 "'day of June, Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk i lst SUPPLEMENT TO DEVELOPER AGREEMENT PRAIRIE OAKS CORPORATE CENTER THIS SUPPLEMENT TO AGREEMENT, made and entered into as of June 19, 2012, by CSM Equities II, L.L.C., a Delaware limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 8.4 acres, Planned Unit Development District Review with waivers on 8.4 acres, Zoning District Amendment within the I-5 Zoning District on 8.4 acres and Site Plan Review on 8.4 acre, all situated in Hennepin County, State of Minnesota, the "Property" legally described in Exhibit A, attached hereto and made a part hereof, and; WHEREAS, the parties desire to amend the Developer Agreement between CSM Equities, LLC and the City of Eden Prairie for CSM/Starkey Office Center, dated February 15, 2000, (hereinafter the "Developer Agreement) for the Property, a copy of which is attached hereto as Exhibit F; NOW THEREFORE, in consideration of the City adopting Resolution No. for PUD Concept Review, Ordinance No. for PUD District Review with waivers and Zoning District Amendment within the I-5 Zoning District, Developer covenants-and agrees to construction upon, development, and maintenance of the Property as follows: 1. Developer shall develop the Property in conformance with the materials revised and dated April 5, 2012, reviewed and approved by the City Council on May 15, 2012, and listed on attached Exhibit B (the "Plans"), 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. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the I-5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD I i ® Increase in office use from 75%to 90% I 4. REAFFIRMING CONDITIONS OF AMENDED DEVELOPER AGREEMENT: Developer agrees to all of the terms, conditions and obligations of"Developer" under the Developer Agreement dated February 15, 2000, except as inconsistent with or amended by this 1st Supplement. The Developer Agreement shall remain in full force and effect except amended by this 1 st Supplement. 5. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall implement the Travel Demand Management (TDM) Plan at the site to help reduce traffic congestion according to the attached plan shown as Exhibit E. Prior to release of the land alteration permit for the Property, Developer shall furnish to the Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the "Security") equal to 100% of the cost ( $21,338 ) of implementing the first two (2) years of the TDM Plan. The Developer shall initiate implementation of the TDM Plan, including active marketing to its employees and all building tenants and their employees 1 month after the Property has achieved a 50% occupancy rate for the total rentable square footage of the Property. In order to enable the City to determine when the Property has achieved the above occupancy rate, the Developer shall provide to the City upon request a Rent Roll certified by the Property manager identifying the current tenants, the number of rentable square feet leased by each tenant; and the total number of rentable square feet in the Property. The Security will be reduced to the Developer on a "draw-down" basis, in the following manner: A. Upon request and subject to full implementation of the TDM Plan, the City will reduce the Security at the following times - Upon completion of items associated with plan start up. - After 1 calendar year of TDM plan implementation B. After 2 calendar years of full TDM plan implementation and completion of plan evaluation, upon request the City will release the Security C. To request a reduction or release of the Security the Developer shall submit to the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities completed to date. A summary of the required information can be obtained from the Traffic Engineer upon request. D. The City shall have 30 business days to review requests for reduction or release of the Security and provide indication of approval or objection to any part of the request. i If the Developer fails to implement the TDM plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 6. TREE LOSS - TREE REPLACEMENT: There are 635 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 112 diameter inches. Tree replacement required is 26 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 26 caliper inches. I This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property, Developer shall furnish to the i City Planner and receive the City Planner's approval of a tree replacement bond or cash escrow equal to 150% of the cost of said improvements as required by City Code. I Developer shall complete implementation of the approved tree replacement plan prior to September 1, 2013. 7. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report") and Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements prior to release of the land alteration permit for any portion of the Property. If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped") by the Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If Landscaping of the wetland and/or wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the land alteration permit for any portion of the Property, Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland II Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full j growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Prior to release of the land alteration permit for the Property, Developer shall submit an Amendment of Conservation/Scenic Easement attached as Exhibit D (amending the Conservation/Scenic Easement dated May 2, 2000, recorded May 11, 2000, as Document No. 3278570, Office of Registrar of Titles, Hennepin County, Minnesota, revising the descriptions of the Easement Areas as defined therein), for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. After approval by the City, Developer shall file the Amendment of Conservation/Scenic Easement with the Hennepin County Registrar of Title as appropriate prior to recording of any document affecting the property including but not limited to any additional mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the land alteration permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Amendment of Conservation/Scenic Easement has been recorded in the Hennepin County Registrar of Titles' Office. D. Wetland Buffer Strip Monuments: Prior to release of the land alteration permit for any portion of the Property, and prior to recording of any document affecting the property, including any additional mortgage granted by the Developer or owners, their successors and/or assigns, Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan and land alteration permit. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or i other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch (3" x 8"). The sign shall be mounted flush with the top of the post and shall include the statement "Wetland Buffer: No Mowing Allowed" or "Scenic/Conservation Easement Boundary, City of Eden Prairie". The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. i E. Wetland Performance Bond: Prior to release of the land alteration permit for any portion of the Property, Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the "Wetland Security") equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Wetland Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Wetland Security in whole or in part to pay the cost of implementation. I IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by 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 i i CSM E UITIES II,L.L.C. By Its Thomas P.Palm ulst Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this I day of Ithe. , 2012, by "V101ACL , P- pawant the Manager of CSM Equities II, L.L.C., a Delaware limited liability company, on behalf of the company. &&uu %W — Notary Public ANDREA DAWN ERICKSON G yVTY`Q'1 Notary Public-Minnesota .r kiv Cr.nrtn"lion Ex:4;ts Jan?; ?n`q . •,•n,.:.^,M•.nvwanr'vwvi:r•.v�vn.ww THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 �f EXHIBIT A SUPPLEMENT TO DEVELOPER AGREEMENT--PRAIRIE OAKS CORPORATE CENTER Legal Description: i I Lot 1, Block 1 Research Second Addition i i EXHIBIT B i SUPPLEMENT TO DEVELOPER AGREEMENT--PRAIRIE OAKS CORPORATE CENTER PLANS: Sheet C-1, Cover Sheet dated 04/04/12 by Alliant Engineering, Inc Sheet C-2, Existing Conditions Plan dated 04/04/12 by Alliant Engineering, Inc Sheet C-3, Site Plan dated 04/04/12 by Alliant Engineering, Inc Sheet C-4, Grading & Erosion Plan dated 04/04/12 by Alliant Engineering, Inc Sheet C-5, Utility & Stormwater Management Plan dated 04/04/12 by Alliant Engineering, Inc Sheet C-6, Details dated 04/04/12 by Alliant Engineering, Inc Sheet L-1, Landscape & Tree Mitigation Plan dated 04/04/12 by Alliant Engineering, Inc i i i EXHIBIT C SUPPLEMENT TO DEVELOPER AGREEMENT--PRAIRIE OAKS CORPORATE CENTER I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the .Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Developer Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property. VII. Developer represents that it has marketable fee title to the Property, except: Mortgage dated November 17, 2000, recorded November 28, 2000, as Document No. 3336459, from CSM Equities II, L.L.C., to Principal Life Insurance Company, in the original amount of $6,675,000.00, which was assigned to LaSalle Bank National Association as Trustee for Morgan Stanley Dean Witter Capital I Commercial Mortgage Pass-Through Certificates, Series 2001-TOP 1, by the Assignment dated February 23, 2001, recorded August 19, 2002, as Document No. 3590985. Assignment of Leases and Rents dated November 17, 2000, recorded November 28, 2000, as Document No. 3336460, from CSM Equities II, L.L.C., to Principal Life Insurance Company, which was assigned to LaSalle Bank National Association as Trustee for Morgan Stanley Dean Witter Capital I Commercial Mortgage Pass-Through Certificates, Series 2001-TOP 1, by the Assignment dated February 23, 2001, recorded August 19, 2002, as Document No. 3590985. UCC Financing Statement between CSM Equities II, L.L.C., as debtor, and Principal Life Insurance Company, as secured party, recorded November 28, 2000, as Document No. 3336461, as assigned and continued by the instruments recorded as Document Nos. 3571305, 4157977 and 4796127. Easements dedicated in the recorded plat of Research Second Addition. Snow-fence easements created in Book 1052 of Deeds on page 535, Book 1117 of Deeds on page 276, and Book 1126 of Deeds on page 7, Office of County Recorder. Sanitary Sewer Easement in favor of the City of Eden Prairie set forth in Quit Claim Deed dated February 12, 1968, recorded July 18, 1968, as Document No. 915028. Drainage Easement Agreement dated October 4, 1996, recorded October 7, 1996, as Document No. 2749719. Utility Easement in favor of the City of Eden Prairie dated October 4, 1996, recorded October 8, 1996, as Document No. 2750133. Conservation/Scenic Easement between CSM Equities II, L.L.C., and the City of Eden Prairie, dated May 7, 2000, recorded May 11, 2000, as Document No. 3278570. 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 except as set forth above. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous i Substances. D. That, to the best of Developer's knowledge, 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 j attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of,placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. NOT APPLICABLE X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Developer Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVIL 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 posts that measure four-feet tall aboveground. A 3 inch by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie" or "Wetland Buffer: No Mowing Allowed", will be affixed to the top of the post. XIX. Within 10 days of the approval of the Supplement, the Developer shall record the Supplement with the Original Developer Agreement as a referenced attachment, at the Hennepin County Registrar of Titles, provided that the Registrar of Titles will accept the Supplement for recording and memorializing on the current certificate of title. The final plat shall not be released until proof of filing of the Supplement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall i I agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. i i EXHIBIT D SUPPLEMENT TO DEVELOPER AGREEMENT--PRAIRIE OAKS CORPORATE CENTER THIS AMENDMENT OF CONSERVATION/SCENIC EASEMENT AGREEMENT is made this day of , 2012 by and between CSM EQUITIES II, L.L.C., a Delaware limited liability company, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor owns property legally described as Lot 1, Block 1, Research Second Addition, Hennepin County, Minnesota; and WHEREAS, in connection with the development of Prairie Oaks Corporate Center, Grantor and City agree to amend that certain Conservation/Scenic Easement ("Original Easement") between Grantor and City dated May 2, 2000 and recorded as Document No. 3278570 in the Hennepin County Registrar's Office, Hennepin County, MN. NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Exhibit A to the Original Easement is hereby replaced with Exhibit A-1, attached hereto and incorporated herein. All portions of Lot 1, Block 1, Research Second Addition, not included in the easement areas described in attached Exhibit A-1 are hereby released from the Easement Areas described in the Original Easement. 2. Grantor agrees to permanently demarcate the location of the boundaries of the wetland and wetland buffer strip as shown on attached Exhibit B-1. The monuments shall be permanent steel channel posts that are a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall be a minimum of 3 inches by 8 inches (3" x 8") that shall be mounted flush with the top of the post and shall include the statement "Wetland Buffer: No Mowing Allowed or "Scenic/Conservation Easement Boundary, City of Eden Prairie". The post shall be mounted to a height of four feet above grade and at least_2.5 feet in the ground. Removal of the wetland buffer strip monuments is not allowed. 3. All other terms and conditions of the original Easement remain in full force and effect. i IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor i By Rick Getschow Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20125 by 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 i CSM EQUITIES II,L.L.C. By Its �I STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by , the Manager of CSM Equities II, L.L.C.1 a Delaware limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBTT A-1 i "EASEMENT AREA" That part of Lot 1, Block 1, RESEARCH SECOND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 1; thence North 63 degrees 53 minutes 33 seconds East, assumed bearing, along the northerly lot line a distance of 126.83 feet to the point of beginning; thence continuing North 63 degrees 53 minutes 33 seconds East a distance of 245.07 feet; thence South 26 degrees 06 minutes 27 seconds East a distance of 9.75 feet; thence North 62 degrees 01 minutes 33 seconds East a distance of 11.02 feet; thence South 18 degrees 23 minutes 16 seconds East a distance of 5.38 feet; thence South 05 degrees 59 minutes 13 seconds East a distance of 44.42 feet; thence South 82 degrees 36 minutes 30 seconds West a distance of 19.57 feet; thence South 05 degrees 05 minutes 23 seconds East a distance of 84.16 feet; thence South 85 degrees 20 minutes 13 seconds West a distance of 205.99 feet; thence North 25 degrees 42 minutes 18 seconds West a distance of 53.40 feet to the point of beginning. and That part of Lot 1, Block 1, RESEARCH SECOND ADDITION, according to the recorded plat thereof,Hennepin County, Minnesota, lying Easterly and Southerly of the following described line: Commencing at the most south southeasterly corner of said Lot 1, Block 1; thence South 89 degrees 59 minutes 13 seconds East, assumed bearing, along the easterly extension of the south line of said Lot 1, Block 1, a distance of 23.63 feet; thence North 08 degrees 20 minutes 02 seconds East a distance of 28.76 feet; thence North 01 degrees 48 minutes 24 seconds West a distance of 31.56 to the south line of said Lot 1 and the point of beginning of the line to be described; thence North 01 degrees 48 minutes 24 seconds West a distance of 91.81 feet; thence North 84 degrees 57 minutes 08 seconds East a distance of 60.65 feet; thence North 59 degrees 45 minutes 47 seconds East a distance of 30.60 feet; thence North 19 degrees 53 minutes 54 seconds East a distance of 29.35 feet; thence North 04 degrees 13 minutes 15 seconds West a distance of 54.14 feet; thence North 85 degrees 30 minutes 11 seconds East a distance of 43.01 feet; thence South 68 degrees 04 minutes 48 seconds East a distance of 27.99 feet to the East line of said Lot 1 and there tenninating. i �I I EXHIBIT B-1 "WETLAND AND WETLAND BUFFER STRIP" DIAGRAM ti'fk : DETAIL N.T.S. 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".::-::::•:':::::':i�::'.1:;:::.::'.'.':::::'::'::::::::::'::'.::':::::::::i:::?•:e::i'::':::::'::':'::^:j:'':::;:::':::•:::�::'::i:::::;:::^.:iP;..'.''` :...:::::::':i'.:':: 5 00, SOUTH LINE Ilti.?;k ta•: r7 f7.sr ...._ P,°`0`13,w — OF LOT I _i•::::i::s-s-:c:i:r >:::::s ............... ................ r r, t y- ?: WETLAND BUFFER AREA MOST SOUT WETLAND BUFFER MONUMENT SE'LY CORNER LOT I N 0 25 50 100 SCALE IN FEET DnIgn.Fga: Deigned By. 120017 CW PRAIRIE OAKS CORPORATE CENTER ALLUNT Dig N.=. Checked By exhJ.t_huff.drg - cw WETLAND BUFFER AREA A W° °'INS' 2971PARHAVB:80D77i,BDMf6500 D.L. D.-By. EDEN PRAIRIE. MN ffitu T(-*iB'ASN�ll 6/I7JL2 DE FAXI (dl>V't6B808D FAX(gift 76&Sg99 I I i i EXHIBIT E SUPPLEMENT TO DEVELOPER AGREEMENT--PRAIRIE OAKS CORPORATE CENTER Travel Demand Management Plan dated 3/21/12 I (attached) i i i II Travel Demand Management Plan Prairie Oaks Corporate Center March 21,2012 i I. Project Description CSM Corporation is seeking approval for a PUD Amendment to allow 90% office at our Prairie Oaks Corporate Center. Prairie Oaks Corporate Center is an existing 81,558 square foot building located at 6455 Flying Cloud Drive. The increase in office finish requires an expansion of the existing parking. CSM wishes to increase the parking by 46 stalls for a new total of 375 stalls. II. Objective of TDM The objective of this Transportation Demand Management(TDM) program is to assist in the reduction of trips by the Prairie Oaks Corporate Center employees during peak travel hours. The TDM Plan, prepared with assistance from Commuter Services, identifies actions to be taken by CSM Corporation or any future tenants. It includes strategies to manage travel demand and minimize peak period site-generated traffic. The minimum goal of the TDM plan is to increase the number of commuters using alternative means of commuting by 5%. III. CSM's Travel Demand Management Plan 1. Designate an Employee Transportation Coordinator • The property manager for the Prairie Oaks Corporate Center building will be designated as the Employee Transportation Coordinator. • The property manager will maintain and monitor TDM activities and serve as the continuing liaison to the I-494 Corridor Commission, Commuter Services and Metro Transit. 2. Commute Survey • Commuter Services will administer an electronic commute survey to all employees prior to implementing the TDM plan activities, in order to get a baseline of commuting habits and opinions. A follow- up survey will be conducted 2 years after implementation of TDM activities to see the results of the commute program 3. Carpool/Vanpool • Initially, CSM will designate 14 preferential parking spaces exclusively for carpool program participants.This comprises approximately 4% of the overall building parking spaces. Vanpool spaces will be designated after vanpools are established. Allocation of additional carpool and vanpool spaces will be based on the growth in demand and added when needed. Commuter Services will supply the carpool signs. $150 per sign is budgeted for the post and installation. • Evaluation of the use of carpool and vanpool spaces will take place at least every 12 months and the number of spaces allocated to each program will be adjusted accordingly. • The Property Manager, along with tenant feedback, will monitor the use of the designated car/van pool spaces and assure proper utilization. CADocuments and Settings\jferrier\Desktop\TDM(prairie oaks)revised.doc Page 1 of5 i i �I Travel Demand Management Plan Prairie Oaks Corporate Center March 21,2012 • CSM will promote ridesharing by directing employees to the Commuter Services website to find carpools or vanpools electronically. The website also provides tips for forming a successful carpool/vanpool. • The Employee Transportation Coordinator and Commuter Services will manage the preferential carpool (and vanpool) parking for tenants. In order for employees to use the designated parking, they must carpool to work at least 3 days a week. Commuter Services' full carpool parking policy can be found on the carpool page on their website. Commuter Services will work with the Employee Transportation Coordinator to draft a carpool parking policy. Commuter Services has paper and electronic carpool parking applications they can provide to tenants. Commuter Services processes the applications and supply one parking permit to eligible carpools so the parking can be monitored. They also send monthly reports to the Employee Transportation Coordinator that lists all currently registered carpools and carpoolers. • CSM will promote Metro Vanpool, the region's vanpool program. The Metropolitan Council provides up to 55%of the monthly van lease. Vanpools are made up of a minimum of five people commuting to and from work together on a regular basis and are ideal for longer commutes. 4. Financial Incentive • Promote carpooling to all new tenants by providing each new employee an offer for a one-time gas reimbursement carpool program. Upon initial tenant occupancy in the building, CSM will offer each full-time employee that participates in a carpool at least three times a week during the first two years of occupancy a$75.00- certificate for gas at a Twin Cities gas station. This promotion shall serve to encourage the formation of carpool groups among employees. 5. Promote Transit • Commuter Services will provide a personal transit itinerary from home to work to any individual employee. In addition, Commuter Services will provide corresponding schedules and 2 free ride transit passes to try out the services. 6. Promote Bicycle Commuting • Commuter Services can coordinate on-site bike commuting activities including a bike safety check and bike commuting 101 classes. • Commuter Services will provide free bike resources including bike route maps, safety tips, route planning and bike laws. • CSM will work with Commuter Services to provide bike racks on the property. Commuter Services can provide(1) bike rack for the property. CSM will provide additional bike racks as needed. CADocuments and Settings\jferrier\Desktop\TDM(prairie oaks)revised.doc Page 2 of 5 i Travel Demand Management Plan Prairie Oaks Corporate Center March 21,2012 Currently, one of the tenant spaces has shower facilities and a place for secure bike storage. CSM will encourage the new tenant to provide these facilities in their tenant space. 7. Communication and Education ® Make available to the decision makers and Human Resources department of each tenant/employer the information on the Metropass and other discounted transit pass programs available to employers and employees. ® Employees can go to the Commuter Services website at www.494corridor.or,g to find carpool and vanpool matching services. ® CSM shall host (2) on-site commuter fairs per year. One commuter fair shall be held during the Commuter Challenge campaign which takes place between April 1 and June 30. 1. Inform and assist tenants to find and use the most efficient and cost effective alternative transportation modes. 2. A Commuter Services-staffed resource table will be available at these fairs. 3. Participants in the Commuter Challenge are eligible for prizes when they pledge to use an alternative mode of commuting at least one day in the three-month period. 4. In addition, zip code meetings of personnel commuting from the same area can be part of these commuter fairs. ® In coordination with the Employee Transportation Coordinator, the property manager will: 1. Set up and maintain a display of commuter information in a prominent location. This information,which will-besupplied by Commuter Services, will include transit schedules, rideshare information, bike to work resources, Guaranteed Ride Home program brochures, etc. 2. Distribute information on the annual Commuter Challenge event, as provided by Commuter Services. Participants in the Commuter Challenge are eligible for prizes when they commit to use an alternative mode of commuting at least one day in a three-month period (April June). 3. Provide information and applications for the Guaranteed Ride Home (GRH) program to all employees upon occupancy of the new office space. The GRH program is available to all employees who ride the bus, carpool, vanpool, bike or walk to work at least three days per week. Eligible employees sign up online and can receive up to $100 per year in reimbursement for taxi fare to go home on a regular work day in the event of an emergency or a schedule conflict. CADocuments and Settings\jferrier\Desktop\TDM(prairie oaks)revised.doc Page 3 of 5 Travel Demand Management Plan I Prairie Oaks Corporate Center March 21,2012 4. Distribute email updates to employees to include rideshare matching services, the GRH program, commuter news, transit information, and special commuter events. 5. Provide a link between the property manager website and/or company intranet site to the Commuter Services website at www.494corridor.org 6. Distribute web links so employees can access Southwest Transit's website: www.swtransit.oM and Metro Transit's website: www.metrotransit.org 7. Distribute information on Mn/DOT's new real-time traveler information program: 5-1-1 or www.51 Imn.org 8. Flex-Time and Telecommuting • Work with tenants to consider offering flex-time schedules for employees, where practical. • Work with tenants to consider the practice of telecommuting, where practical. Proposed Owner Requirements i Prior to obtaining a Certificate of Occupancy for the parking expansion project, CSM will post a Letter of Credit in the amount of$21,338 to fund the cost of the first two years of TDM implementation as well as the one time cost of the carpool parking signage. This Letter of Credit shall be reduced upon completion of the individual items in accordance with the terms detailed in the Developer Agreement. In addition, CSM shall provide a one page annual report describing the TDM activities as well as an estimate of the program's success for each of the first two years. I Proposed Tenant Actions i CSM will support their tenants in implementing the following programs, but it is the responsibility of each Tenant to: • Provide new employees with rideshare and transit information. • Solicit management support for policies that support alternative commuting programs. • Investigate and consider staggered work hours or flextime for employees. • Investigate and consider telecommuting for employees. i CADocuments and Settings\jferrier\Desktop\TDM(prairie oaks)revised.doc Page 4 of 5 Travel Demand Management Plan Prairie Oaks Corporate Center March 21,2012 I Proposed Travel Demand Management Plan Budget i TDM Plan Item Estimate Cost One-time Cost 2013 Costs 2014 Costs Transportation Assume 8%FTE $5,200 $3,900 Coordinator in year 1 and 6% FTE in year 2 @ $65,000 Designated 14 spaces at$150 $2,100 Car/Van Pool per space Parkin Carpool Gas 375 employees $4,219 $4,219 Promotion 15%x$75.00 Promote Transit Marketing $350 $350 materials,postage, copying,etc. On-site Commuter 2 events at $500 $500 Events $500/ea. Total $2,100 $10,269 $8,969 CADocuments and Settings\jferrier\Desk-top\TDM(prairie oaks)revised.doc Page 5 of 5 _i I I EXHIBIT F i SUPPLEMENT TO DEVELOPER AGREEMENT--PRAIRIE OAKS CORPORATE CENTER Copy of Original Developer Agreement (attached) i I I I i I I I MAR 28 100 16:27 TO:9-6516462404 FROM: I DEVELOPER AGREEMENT � CSM/STARKEY OFFICE CENTER THIS AGREEMENT is entered into as of February 15, 2000, by CSM Equities, LLC, a Delaware limited liability 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 faz Planned Unit Development Concept Review on 13.13 acres, Planned Unit Development District Review with waivers on 8.4 acres, Zoning District Amendment within the 1-5 Zoning District on 8.4 acres, and Site Plan Review on 8.4 acres, legally described on Exhibit A (the"Property'); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2000-21 for Planned Unit Development Concept Review, Ordinance No. 4-2000-PUD-1-2000 for Planned Unit Development District Review and Zoning District Amendment, and Resolution No. 2000-30 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 dated January 18, 2000, reviewed and approved by the City Council on January 18, 2000, and attached hereto as Exhibit $, subject to such changes and modifications as provided herein. 2. EXMIT C. Developer agrees to the terms, covenants, agreements, and conditions set forth - hibi -C. - -- -- 3. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of storm sewer for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide dailyinspection, certify completion in conformance-to approved plans and specifications and provide record drawi.n.gs. 4. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete Post-It"Fax Note 7671 Day d jJ p get�d To Fromfy cc, , ColDept. C rd, f/t�Al Phone Phone � 03/28/00 TUE 16: 29 [TX/RX NO 88691 MAR 28 100 16:28 TO:9-6516462404 FROM: i implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 5. GRADING, DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit$ 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 butler strip 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. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved a 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. 13. EROSION CONTROL PLAN: Prior to issuance of a grading 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-C-ity's-Erosion-Coatrol-------- 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 preconstruetion and post construction surveys for evaluation by City. 6. UMIGA,.TION 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 system shall be designed such that the sprinkler heads do not direct water over public streets, trails, or 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 03/28/00 TUE 16: 29 [TX/RX NO 88691 MAR 29 '00 16:29 T0:9-65164b24u4 rHUM: �-01J �• �� I i Property. 7. 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 Exhibit B. Developer shall famish 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. I 8. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City j Plattner, 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 mi 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. 9. PUT) WAIVERS GRANTED: The city hereby grants the following waivers to City Code, requirements within the I-5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. Front yard setback to parking from 75 —41.75 feet. r B. Increase in office use from 50-7506 10, 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 Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. 03/28/00 TUE 16: 29 [TX/RX NO 88691 MHH 28 'WW lb:�'J 1 U: J-b�)1b4b_4U4 ,NUM: i-oi- r . v-a I i ./ 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. 11. TREE LOSS -TREE REPLACEMENT: There are 1,540 diameter inches of significant trees on the Property, Tree loss related to development on the Property is calculated at 855 diameter inches. Tree replacement required is 631 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 631 caliper inches. This plan shall include the equivalent of 240 caliper inches to be planted on property legally described as Outlot A, Prairie Crossroads Corporate Center. I This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Tree replacement on Outlot A, Prairie Crossroads Corporate Center does not have to meet the above minimum standards. Developer shall furnish to the City Forester and receive the City Forester's approval of a tree replacement band equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 13. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outsidetrash enclosurefor the Property. This trash enclosure shall be constructed with face brick to match the building, include heavy-duty steel gates that completely screen the interior of the - enclosure.—Developer-shall-complete-imple men tation-of-the-tr-ash-enclosure-plan-prior to issuance of any occupancy permit for the Property. 14. DEVELOPER'S RESPONSI131LITY 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 for the property, City shall not release developer from its responsibilities to release, defend and indemnify because of any inspection, review or approval. 15. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall develop and implement a Travel Demand Management Plan (TDM) at the site to help reduce traffic congestion within the area generally referred to as the Golden Triangle Area which is the area east of Highway 169 north of Interstate 494,west of Highway 212. The TDM Plan, at a minimum, will be consistent with the suggested plan outline and budget, which is attached as Exhibit 03/28/00 TUE 16: 29 [TX/RX NO 88691 MAP, 28 100 16:30 TO:9-6515462404 FROM: E.Prior to issuance of a permit on the Property, Developer will provide to the City a Letter of Credit in the amount equal to the estimated cost of implementing the first two years of the TDM Plan. The Letter of Credit will be released to the Developer on a"draw-down"basis during the later of the first two years of building occupancy or first two years of TDM Plan implementation, in the following manner: a) The Developer shall periodically submit to the City receipts of expenses associated with executing the TDM Plan. The City shall have 15 business days to review the receipts. If within this 15 day period the City does not provide the Developer with written notice that it objects to all or any portion of the expenses which the Developer has submitted as TDM implementation expenses then in such event Developer may also exchange for the then existing Letter of Credit, a new or amended Letter of Credit in an amount equal to the previous total, less the total receipts submitted. Example: I Original Letter of Credit(LOC) — $100,000 First Submittal of Receipts = $ 15,000 New/Amended LOC Amount = $ 85,000 16. 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. 17, CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES, `WETLA—N ;—AND-WETLAND-BUFFER-AREA ON THE-PROP-ERT-Y-:Prior-to_release of the final plat for any portion of the Property, Developer shall submit a Conservation Easement, attached as Exhibit F for review and written approval by the Director of Parks and Recreational Services, for the area delineated on Exhibit B. Prior to the release of the first building permit for the Property, Developer shall submit evidence to the Director of Parks and Recreational Services,that the approved Conservation ar Easement has been filed in the Hennepin County Recorder's/Registr of Titles' Office. Prior to the release of the first building permit for the Property, Developer shall install all wetland buffer strip monuments for the Property. 03/28/00 TUE 16: 29 [TX/RX NO 88691 I I 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 L.'C . 1ITY tstoph , Mayor I I . _nger, Ci anager i i I STATE OF MIIVNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1 Sth day of February, 2000, by Jean L. Harris and Christopher M. Enger, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. �G otary Public n�wuwvMw STATE OF MINNESOTA ) KATHLEEN A. PORTA ss. NOTARY PUEUC-MINNESOTA �.COUNTY OF HENNEPIN k/Gamtni3sion Eapfrea Jan.31.2005 ) The foregoing instrument was acknowledged before me this ?(- day of 2000,by �-- f Yes•r the Of a-M7nBeseta-- ��4,,.� on behalf of the Notary Public 10DAVID J.YUNG NOTARY PUBLIC-MMEMA my Carton E2phlts J"al.2= � r 03/28/00 TUE 16: 29 [TX/RX NO 88691 MAR 2e 100 16:31 T0:9-6516462404 FROM: EXHIBIT A i Project Name Legal Description: i Lot 1,$lock 1,Research 2nd Addition L I i i i I 03/28/00 TUE 16: 29 [TX/RX NO 88691 MAR 28 100 16:31 T0:9-6516462404 FROM: DEVELOPER'S AGREEMENT EXHIBIT C I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(V =100' scale) showing existing and proposed contours,proposed streets, and lot arrangements and size,nunirnurn 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 I 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 S 5,575,00 per acre.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 grater 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) mouths of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan-review approved-in-connection-with this Agreement, thus restoring the status of the Property-before the 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. Developer represents that it has marketable fee title to the Property, except: Starkey Laboratories, Inc., subject to the exceptions as shown on Exhibit C-1 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. 03/28/00 TUE 16: 29 [TX/RX NO 88691 MRR 28 100 1b:32 T0:9-b51b462404 FROM: -bl� r.uo 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 to the best of Developer's knowledge 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. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code a-ad 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. -- VTII. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street 1ig�ting on the public streets idjacent to the Property(including-installation-costs,—if any, as determined by electrical power provider), engineering review, and street signs. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plazas to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X. 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 pez#brrn 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 03/28/00 TUE 16: 29 [TX/RX NO 88691 MAR 28 loo 16:32 TO:9-6516462404 FRUM: i J ' Y other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall, prior to the commencement of any improvements, provide written notice to Paragon 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 Paragon Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XII. 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. XIII. Prior to building.permit issuance, existing structuzes, 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. XiV. Prior to building permit issuance,provide two copies of an approved surrey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XV. 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. 03/28/00 TUE 16:29 [TX/RX NO 88691 I''IRH 2b '00 lb:J.:i 1 U:`J'-b!:)'1b4bz�4U=F 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. i 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 fzotn 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 orderedby 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 03/28/00 TUE 16: 29 ITX/RX NO 88691 i MAR 28 '00 16:34 TO:9-6516462404 FROM: T-61 P. 11 II 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: By: owner's Signature Applicant's Signature Title Date: Title Date: 03/28/00 TUE 16: 29 [TX/RX NO 88691 MAR 2B 100 16:34 TO:9-65164624u4 DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PFMqT): ADDRESS Crry STATE ZIP 03/28/00 TUE 16: 29 [TX/RX NO 88691 I EXHIBIT E j TRAVEL DEMAND MANAGEMENT PLAN The following describes the proposed Prairie Oaks Corporate Center TDM Plan and the CSM programs to actively support and encourage their tenants' employees in the use of alternative modes of transportation to driving alone. Proposed Developer/Property Owner/Property Manager Actions 1. Designate an Employee Transportation Coordinator • The Property Manager for the Prairie Oaks Corporate Center building will be designated as the Employee Transportation Coordinator. • The Property Manager will maintain and monitor TDM activities and serve as the continuing liaison to the I-494 Corridor Commission, Metro Commuter Services and a local Travel Management Organization(TMO), if established. 2. Carpool/Vanpool • Initially, CSM will designate 14 preferential parking spaces exclusively for car pool program participants.. This comprises approximately 4% of the overall building parking spaces. In addition, CSM will designate 2 preferential spaces for van pool program participants. Allocation of additional car/van pool spaces will be based on the growth in demand and added when needed. • Promote carpooling to all new tenants by providing each new employee an offer for a one-time gas reimbursement carpool program. Upon initial tenant occupancy in the building, CSM will offer each full-time employee that participates in a carpool at least three times per week during the first or second-month-of occupancy-a-$15.00-certificate -- for-gas-at-a Twin--C-ities-area-station—This-promotion-shall-serve to encourage the formation of carpool groups among employees. • Encourage the implementation of the van pool program which will be coordinated through Southwest Metro Transit. • Evaluation of the use of car/van pool spaces will take place at least every 12 months and the number of spaces allocated to each program will be adjusted accordingly. • The Property Manager, along with tenant feedback, will monitor the use of the designated car/van pool spaces and assure proper utilization. • CSM will promote ridesharing through the distribution of rideshare matching applications and information for car/van pools, as well as information on the Guaranteed Ride Home(GRH)program sponsored by MCS. • Ride Share Matching: employees in the Prairie Oaks Corporate Center interested in car pooling will be directed and encouraged to contact Metro Commuter Services (MCS)for ride share matching services. MCS, sponsored by the Metropolitan Council, is the regional clearing house for ride share matching in the Twin Cities metropolitan area. To contact MCS, employees can: Travel Demand Management Plan Prairie Oaks Corporate Center CSM Corporation February 9, 2000 Page 2 of 4 - Call MCS at 651-349-RIDE (7433) - Return the form at the back of the Commute Planner brochure - Access the MCS web page at: www metrocommuterservices.orQ E-mail the information to MCS at: commuter.services(a�metc.state.mn.us 3. Promote Transit • Promote transit by providing materials to educate tenant employees on the location of and schedule for transit service available at the Southwest Station, other connecting transit service, and the location of transit stops closest to their homes, this includes information on transit routes,schedules,park-and-ride lots and various transit passes. 4. Participation in a Transportation Management Organization and Coordination • The Property Manager will work to help establish and participate in a Transportation Management Organization(TMO)for the southwest metro area. • The Property Manager will meet in coordination with the City of Eden Prairie, Southwest Metro Transit, the I-494 Corridor Commission, Mn/DOT Metropolitan Council, and other large office and commercial property owners in the area to discuss alternatives to improve and expand transit service and utilize existing transit service. A key option to consider at these coordination meetings would be a transit circulator service among the Southwest Station and commercial and office buildings during the AM-and PM peak Periods,as well as the lunch hour. 5. Communication and Education • Make available to the decision makers and Human Resources department of each tenant/employer the information on the Metropass and T-Bill programs, transit financial incentive programs for employers and employees, as supplied by MCS. • Distribute to all tenants rideshare information and applications supplied by MCS. Ridematching assistance is provided by MCS, the metropolitanarea clearing house for ridematching. Employees return the rideshare applications to MCS for rideshare matching. • Sponsor a Commuter Fair for tenant employers and employees in conjunction with MCS as an opportunity to: - Inform and assist tenants to find and use the most efficient and cost effective alternative transportation modes. Set up zip code meetings of personnel commuting from the same area. • Provide information and application forms on the Guaranteed Ride Home (GRH) Program to all Prairie Oaks Corporate Center tenants upon occupancy for their i Travel Demand Management Plan Prairie Oaks Corporate Center CSM Corporation February 9, 2000 Page 3 of 4 employees. The GRH program is sponsored by MCS and is available to all employees who ride the bus, car pool, van pool, bike or walk to work at least three days a week. Eligible employees who complete a GRH registration form receive two coupons good j for up to 12 months for a bus or taxi cab ride home on regular work day in the event of an emergency or a schedule conflict. Registration is renewable each year with new coupons issued at that time. • Develop and distribute a Prairie Oaks Corporate Center newsletter for employees to include rideshare matching services, the GRH program, commuter news, information on discounted bus passes,the Metropass program and special commuter option events. • For commuters to make better travel choices,make tenants aware of how to access: the real-time traveler information program, sidewalk.com on the internet, and the new Mn(DOT SmarTraveler, the Twin Cities new state-of-the-art transportation information network. 6. Flex-Time and Telecommuting � • Work with tenants to consider offering flex-time schedules for employees, where practical. • Work with tenants to consider the practice of telecommuting,where practical. Proposed Developer/Owner Requirements I Prior to obtaining a Certificate of Occupancy for the project, CSM will post a Letter of Credit in the amount of 512,400 to fund the cost of the first two years of TDM implementation aswell as the one time—Cost—of the caz pool-pazking-signage.—This-L-etter-of-Credit shall-be-reduced-upon_completron_o _ --� the individual items in accordance with the terms detailed in the Developer Agreement. In addition, CSM shall provide a one page annual report describing the TDM activities as well as an estimate of the program's success for each of the first two years. MetroCommuter Services Support • Conduct a commuter survey of tenants' employees to better understand their commuting habits and needs. • MCS would take the lead in rideshare matching for the formation of car pools by employees. The Property Manager will coordinate with MCS for timely rideshare matching. • Provide information to the Property Manager on the Metropass program, the T-Bill Program, the GRH program, the rideshare matching program, discounted bus pass program, etc. i Travel Demand Management Plan Prairie Oaks Corporate Center CSM Corporation February 9,2000 Page 4 of 4 ® Provide new hire information packets to the Property Manager concerning transportation choices for distribution to tenants. o MCS would co-administer the car/van pool preferential parking and provide access to signage. Proposed Tenant Actions CSM will support their tenants in implementing the following programs, but they are the responsibility of the tenants: • Provide new employees with rideshare and transit information. o Solicit management support for policies that support alternative commuting programs. • Investigate and consider staggered work hours or flextime for employees. • Investigate and consider telecommuting for employees. i I i i i i i I I i i Proposed Travel Demand Management Plan Budget i i (One-Time TDM Plan Item Estimated Cost (Only Cost 2001 12002 Transportation iAssume 10% FTE in i $ 5,000 $ 3,500 Coordinator Year 1 and 70/co FTE in Year 2 @$50,000 !(including benefits I I Designated Car/ 14 spaces @ $100/ ( $ 1,4001 Van Pool Parking space i I Carpool Gas 115% 350 employees $ 788 Promotion x$15.00 I Promote Transit (Marketing materials, 1 $ 500 $ 500 postage, copying, etc. @1 $500/year Commuter Fairs Two @ $500 $ 500 $ 500 Develop/distribute (Copying I I $ 250 $ 250 newsletter !Total $ 2,188 1 $ 6,2501 $ 4,750 (sharelvickislexcelltravel demand budget.xls) MAR 2B '03 16:35 TO:9-b5164b2404 FROM: 1-61j FJ. 15 I EXHIBIT F CONSERVATION/SCENIC EASEMENT T1FIIS EASEMENT AGREEMENT is made this day of , 2000, by and between a , hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the subdivision as described in Exhibit A,hereinafter referred to as the"Easement Area," attached hereto; NOW,THEREFORE,in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successor's and assigns a conservation, and scenic easement in under, on, and over-the-"Easement Area," and City hereby accepts such conveyance. Z. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted upon the Easement Area and no trees, shrubs, or other vegetation shall be removed from the Easement Area without the prior written consent of the City. B. No building, road, sign, billboard, utility, or other structure shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. 03/28/00 TUE 16: 29 [TX/RX NO 8869] 1'IHK GG 'UU 1b:Jb IU:'ZJ-bJ1b4b_4U4 F-KUM: I-bl.:J H. lb i D. No change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging,movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages except Starkey Laboratories, Inc- B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U_S.C. 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 to the best of Grantor's knowledge, Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; I D. That to the best of Grantor's knowledge,no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; - Grantor-agrees to-indemnify,defend and hold harmless City, against any and-all loss, - costs, damage and expense, including reasonable attorneys_fees_and costs that_City _ I incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. i 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein, S. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. I i i i 03/28/00 TUE 16: 29 [TX/RX NO 8869] fRR 28 '00 16:36 TO:9-6516462404 FROM: T-613 P. 17 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed•as of the day and year aforesaid_ GRANTOR CITY OF EDEN PRAIRIE CSM Equities, L.L.C., a Delaware Corporation Jean L, Harris, Mayor Research Inc., a Minnesota Corporation Christopher M. Enger, City Manager STATE OF MINNESOTA ) )Ss. j COUNTY OF HENNEPIN ) I� The foregoing instrument was acknowledged before me this day of 20� by Jean L. Harris and Christopher M. Enger, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. j i Notary Public i STATE OF MINNESOTA ) COUNTY OF HENNEP'IN The foregoing instrument was aclnowledged before me this day of ,20� by ,the , a Minnesota , on behalf of the corporation. I Notary Public I i i I 03/28/00 TUE 16:29 [TX/RX NO 88691 MAR 28 '00 16:37 T0:9-6516462404 FROM: T-613 P. 18 OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN CSM Equities, L.L.C._ AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of February 15, 2000, by and between Starkey Laboratories, Inc., a Minnesota corporation, ("Owner"), and the CITY OF EDEN PRA PJ E ("City" For, and in consideration of, and to induce City to adopt Ordinance No. 1-2000, for PUD District review and amending the zoning of the Property owned by Owner within the I-5 District, Resolution No. 2000-21 for PUD Concept Review and Resolution No. 2000-30 for Site Plan Review as more fully described in that certain Developer's Agreement entered into as of February 15, 2000, by and between CSM Equities, L.L.C., a Delaware Limited Liability Company, and City("Developer's Agreement"), Owner agrees with City as follows: 1. If CSM Equities, L_L.0 , fails to complete construction and development in accordance with.the Developer's Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Developer's Agreement within.24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of the Ordinance No. 1-2000, for PUD District review and amending the zoning of the Property owned by Owner within the 1-5 District, Resolution No. 2000-21 for PUD Concept Review and Resolution No. 2000-30 for Site Plan Review identified above, thus restoring the status of the Property before the Developer's Ageement and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and � obligations of"Developer" in the Developer's Agreement. I i I I 03/28/00 TUE 16: 29 [TX/RX NO 88691 1'IrIMI �O UU ib:.J i I U: i-Olt IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year afc said. OWNS LAHOIZA'1:CRTES, INC. OF EDEN PRAIRIE By- can L.Harris, Mayor Its &-bN l a ri V 'P Christopher nget, City get STATE OF MINNESOTA ) COUNTY OF H.ENNEPIN ) The foregoing instrument was acknowledged before me this 15-�day of 2000,by Jean L. Harris and Christopher M. Enger, respectively the Mayor and the City M ager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. otary Public wMw�wl++awr�ti+r+rnn���+►� KATHLEEN A, POFITA STAVE OF MINNESOTA, ) NOTARY PUBUf:-MINNESOTA ) SS. Mt Commission Evores Jan,'i 1.2005 COUNTY OF HENNEPIN ) • The foregoing instrument was =know edged before ine this 4ch day of February 2000, by , the of t-ir boratories, , a Minnesota corporation ou behalf of the corporation. KAR0 J STUSSON f ' is MY Notary Pubiie Minnesota "— C4nW1UW tIMM.z".at,=a tart'Pu41i 02/03/00 THU 13:57 [TX/RX NO 72341 03/28/00 TUE 16: 29 [TX/RX NO 88691 CITY COUNCIL AGENDA DATE: SECTION: filinances and Resolutions June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: Second Read of an ITEM NO.: V. City Attorney filinance Amending City Code Section 0 Rifth Move to: Approve Second Reading of an filinance Amending City Code Section a Relating to Administrative Appeal. Sp First Reading of the Edina nce was approved at the June 5l City Council meeting. 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 §Subd. 3and Ithe City Manager is the sole authority in a Class B City to appoint and remove all personnel. Ain Oinance 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 2.0 RIGHT OF ADMINISTRATIVE APPEAL'AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Shl. City Code Section (is amended by adding the following sentence at the end of the Section as follows: No appeal is allowed to the City Council from any personnel decision'.' S12 . City Code Chapter bntitled General Pr ovisions and Definitions Applicable to the Entire City Code hcluding Penalty for M1 ation'and Section 9 entitled Mlation a Misdemeanor'are hereby adopted in their entiret y, by reference, as though repeated verbatim herein. Sio This ordinance shall become effective from and after its passage and publication. FRST READ at a regular meeting of the City Counc it of the City of Eden Prairie on the fh day of June, 0 and finally read and adopted and ordere d published at a regular meeting of the City Council of said City on the 91 day of June, 0 Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the ffn Prairie Aiv on the day of z(D CITY COUNCIL AGENDA DATE: SECTION: filinances and Resolutions June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: Approve ITEM NO.: Fb. George Esbensen Second Read of an filinance Fire Department Amending City Code Section 0 Subd.1 Rifth Move to: Approve Second Reading of an 0 dinance Amending City Code Section 0 Subd.]Relating to Emergency Service Costs Sp First reading of the ordinance was approved at the June 5l meeting. Pursuant to State Statute the City is allowed to charge for emergency services it provides. City Code Section OSubdjalready 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. Fire Chief George Esbensen regest ed that this ordinance be reviewed to ensure that the City can collect for fire services provided as allowed by statute. Ain Oinance 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 9.05, SUBD. 11 EMERGENCY SITUATION AND FIRE CONTROL COSTS" AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Sal. City Code Section OSubd.Is amended to read as follows: S?J11. E joiCb 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 subkc t to real property tans, sha ll be liable for all the costs of emergency services, including but not limited to:fire, prevention, efinguishing, 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(days 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 tans levied against the property. h order to certify a charge to the auditor, the City shall on or before September(provide 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. S12 . City Code Chapter bntitled Cieneral Pr ovisions and Definitions Applicable to the Entire City Code hcluding Penalty for ill ation'and Section 9 entitled Mlation a Misdemeanor'are hereby adopted in their entiret y, by reference, as though repeated verbatim herein. Si This ordinance shall become effective from and after its passage and publication. FRST READ at a regular meeting of the City Counc it of the City of Eden Prairie on the fh day of June, 0 and finally read and adopted and ordere d published at a regular meeting of the City Council of said City on the day of z(D Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the ffn Prairie Aiv on the day of z(D CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: C.f8 ITEM NO.: V. Leslie Stovring Approve the Annual Report for the Phase Public Works /Environmental INPDES Storm Water Permit Program Rifth Move to: Approve the Annual Report for the Phase INPDES Storm Water Permit Program Sp The City of Eden Prairie is regired to submit an Annual Report to the Minnesota Pollution Control Agency documenting how the City progressed on the Best Management Practices (3MPs)outlined in our Stormwater Pollution Prevention Plan 6WPPP) Bl#fn The City§ SWPPP was developed in April fA nd revised in June OThe SWPPP provides a series of Best Management Practices (3MPs)whic h the City must undertake to assist in improving water gality within the City. The Annual Report pr ovides the MPCA with the actions that the City took during the year to meet the goals outlined in our BMPs. The Annual Report will be posted on the Living Green section on the City§ web site along with the SWPPP and BMP Summary Sheets. There are a large variety of actions the city must take to meet their obligations under the stormwater permit program. Actions taken in (lo m eet these obkctives included items such as: • Annual Public Meeting The meeting was held on March 7 Wur ing the Chamber of Commerce Ord, Garden &veryt hing Epo. I is estimated th at #esidents attended the event. The venue was changed in an attempt to engage more residents in the annual meeting. • Workshops -Provided workshops on shoreland restoration through Eden Prairie Community Education; Birdscaping and Garlic Mustard C ontrol through Parks and Recreation; Digital Photography for local teachers through the DNR; and Water-Smart Landscaping"which discussed environmentally-friendly landscaping techniges at the Chamber Epo. • Chamber of Commerce Yd &jarden Epo Work ed with the Chamber to add environmental messages to the Epo. The City sponsored a ch ildren§ activity area as a way to add these messages to the event. ar fkids stopped at the children§ activity area. The City helped advertise the event by inserting a flyer in the January, February and March utility bills. • Citizen Assisted Monitoring Program-M unteers monitored Mitchell and Riley Lakes. • City Clean PTDay-Approximately ]37esidents attended and dropped off Ions of trash. • Conservation Commission Th e Commission held a number of programs, including speakers on:Lake Water Qhlity, TMDL Status for Nine Mile Creek and the Summer Education Program Nine Mile Creek Watershed District) hi proving Recycling and Solid Waste Ninepin county) Groundwater and Sustainable k& QNR )the GreenStep Cities Program MPCA) Public Education Planning for the Stormwater Permit Program City Environmental Coordinator)and the status of the NPDES stormwater permit program City Environmental Coordinator) Joint meetings were held with the Parks and Recreation Commission in August to discuss recycling in parks, the GreenStep Cities Program and the use of native vegetation in City parks and the City Council in November to discuss allowing the use of pervious pavements, the GreenStep Cities Program, commercial recycling, recycling in City parks, reusable bag promotion and the MS4)ermit program. • Environmental Learning Center-Thirty-five classes or schoo 1 groups visited the Center. • Environmental Times"-The newsletter was insert ed in spring and winter utility bills. Each included articles on recycling and stormwater-related topics. • Life in the Prairie"-icluded articles on topi cs such as the Clean PJ day, Resolve to be Greener',' Adopt-A-Street and Park Clean up Da y opportunities;recycling plastic bags and electronic media and others. • Compost Bin &ain Barrel Sales Event Work ed with Uhnepin County and the Recycling Association of Minnesota to promote a distribution event held in April. • &� pep it Clean education program -Assisted in developing advertisements for local and regional media outlets and continued use of the Fishbowl:Plop the Fish"and Rubber Ducky" videos on local cable television. • Metro Children§ Water Festival -Participated in this annual educational festival which provides educational opportunities to approxina tely .9(ifth grade st udents on one day in September. The Festival is designed to provi de students with hands-on opportunities to learn about water and its importance to people and the natural environment. • Municipal Cities Stormwater Coalition -Participat ed in the coalition of cities that are regired to have a Stormwater Permit by the Pollution Control Agency. Th is group provides information to cities on items such as annual report regi rements, upcoming legislative changes and general information on the stormwater permit program and how it impacts city programs. • Stormwater hspections -ispected konds and wetlands;!Inlets;and &umps. As a result of the inspections,routine maintenance was performed on 8water gality structures. • Street Sweeping -All City streets are swept at a minimum of once annually. • TMDLs -Participated in a series of meetings for the Nine Mile Creek Total Maxinum Daily Load TMDL)analysis. • Wetland L-hlth Evaluation Program-Ni ne volunteers monitored 4wetlands. Ain • Annual Report for VINS, Minnesota Pollution MS4 Annual Report for 2011 Control Agency Co oad Municipal Separate Storm Sewer Systems (MS4s) 52t.Paul,MN 551 Lafayette Road N 4 orth Reporting period January 1, 2011 to December 31, 2011 Due June 30, 2012 Doc Type: Permitting Annual Report Instructions: By completing this mandatory MS4 Annual Report form,you are providing the Minnesota Pollution Control Agency (MPCA)with a summary of your status of compliance with permit conditions, including an assessment of the appropriateness of your identified best management practices(BMPs)and progress towards achieving your identified measurable goals for each of the minimum control measures as required by the MS4 Permit. If a permittee determines that program status or compliance with the permit can not be adequately reflected within the structure of this form additional explanation and/or information may be referenced in an attachment.This form has significant limitations and provides only a snap shot of MS4 compliance with the conditions in the permit. After reviewing the information, MPCA staff may need to contact the permittee to clarify or seek additional information. Submittal: This MS4 Annual Report must be submitted electronically to the MPCA using the submit button at the end of the form, from the person that is duly authorized to certify this form.All questions with an asterisk(*) are required fields (these fields also have a red border), and must be completed before the form will send.A confirmation e-mail will be sent in response to electronic submissions. If you have further questions, please contact one of these MPCA staff members (toll-free 800-657-3864): • Joyce Cieluch 218-846-8126 • Scott Fox 651-757-2368 • Amy Garcia 651-757-2377 General Contact Information (*Required fields) *Name of MS4: City of Eden Prairie *Contact name: Leslie A. Stovring *Mailing address: Engineering Dept., 8080 Mitchell Road *City: Eden Prairie *State: MN *Zip code: 55344 *Phone(including area code): 952-949-8327 *E-mail: Itovring@edenprairie.org Minimum Control Measure 1: Public Education and Outreach [V.G.1] (*Required fields) A. The permit requires each permittee to implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and steps that the public can take to reduce pollutants in stormwater runoff. [Part V.G.1.a] Note: Please indicate which of the following distribution methods you used. Indicate the number distributed in the spaces provided (enter"0" if the method was not used or"NA" if the data does not exist): Circulation/ Media type Number of media Number of times published Audience Example:Brochures: 3 different brochures published 5 times about 10,000 Brochures: 2 published 2 times about 1,000 Newsletter: 7 published 1 time each 12,000 to 38,000 Posters: 0 Newspaper articles: 7 published 1 time each 12,000 each Utility bill inserts: 2 published 1 time each 38,000 Radio ads: 0 Television ads: 0 Cable Access Channel: 3 5 times per day 1,000 Other: Web site articles 9 posted once each 1,500 Other: Email updates to Associations 9 sent once each 250 Other: Public education workshops 10 Once each 225 www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-06 • 319112 Page 1 of 5 B. *Do you use a website as a tool to distribute stormwater educational materials? ❑X Yes ❑ No What is the URL: www•edenprairie.org-go to the Living Green section C. If you answered yes in question B. above, do you track hits to the website? ❑Yes ❑ No How many hits were to the stormwater webpage: D. *Did you hold stormwater related events, presentations to schools or other such activities? ❑X Yes ❑ No If yes, please describe: Chamber of Commerce Yard&Garden Expo(spring),water treatment plant tours for schools(ongoing and includes water quality information),Annual City Clean Up(June) E. *Have specific messages been developed and distributed during this reporting year for Minimum Control Measure(MCM): MCM 1: ®Yes ❑ No MCM 4: ®Yes ❑ No MCM 2: ®Yes ❑ No MCM 5: ❑X Yes [] No MCM 3: ®Yes ❑ No MCM 6: ❑X Yes ❑ No F. *Have you developed partnerships with other MS4s,watershed districts, local or state governments, ❑X Yes ❑ No educational institutions, etc.,to assist you in fulfilling the requirements for MCM 1? G. List those entities with which you have partnered to meet the requirements of this MCM and describe the nature of the agreement(s): (Attach a separate sheet if necessary.) Nine Mile Creek Watershed District-Chloride Education Metropolitan Council-Citizen Assisted Monitoring Program(CAMP) Hennepin County-Wetland Health Evaluation Program(WHEP) H. *Have you developed methods to assess the effectiveness of your public education/outreach ❑Yes ® No program? If yes, please describe: We generally track attendance only Minimum Control Measure 2: Public Participation/Involvement [V.G.2] (*Required fields) A. *Did you hold a public meeting to present accomplishments and to discuss your Stormwater ❑X Yes ❑ No Pollution Prevention Program(SWPPP)? [Part V.G.1.e] If no, explain: B. What was the date of the public meeting (mm/dd/yyyy): 03/17/2012 C. How many citizens attended specifically for stormwater (excluding board/council members and staff/hired consultants)? 1,400 D. Was the public meeting a stand-alone meeting for stormwater or was it combined with some other ❑ Stand-alone function (City Council meeting, other public event, etc.)? Z Combined E. *Each permittee must solicit and consider input from the public prior to submittal of the annual ❑Yes ❑X No report. Did you receive written and/or oral input on your SWPPP? [Part V.G.2.b.1-31 F. *Have you revised your SWPPP in response to written or oral comments received from the public ❑Yes ® No since the last annual reporting cycle? [Part V.G.2.c] If yes, describe: (Attach a separate sheet if necessary.) www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-06 • 319112 Page 2 of 5 Minimum Control Measure 3: Illicit Discharge Detection and Elimination [V.G.3] (*Required fields) The permit requires permittees to develop, implement, and enforce a program to detect and eliminate illicit discharges as defined in 40 CFR 122.26(b)(2).You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. A. *Did you update your storm sewer system map? ❑X Yes ❑ No If yes, please explain which components (ponds, pipes, outfalls,waterbodies, etc.)were updated/added: Our map is updated as new information is identified(i.e.GPS of stormwater structures,piping, etc.) Note: The storm sewer system map was to be completed by June 30, 2008. [Part V.G.3.a] B. *Have you modified the format in which the map is available? ❑Yes ® No C. If yes, indicate the new format: ❑Hardcopy only ❑GIS system ❑CAD ❑ Other system: D. *Have you established an ordinance or other regulatory mechanism to prohibit illicit discharges ❑X Yes ❑ No and/or non-stormwater discharges from entering the MS4? Note: The permit required the ordinance or other regulatory mechanism to be established by June 30, 2010[Part V.G.3.b]. E. If yes, indicate which mechanism you have established: ❑X Ordinance ❑ Regulatory F. If you answered yes in question D above, provide the date the ordinance or other regulatory mechanism was adopted (mm/dd/yyyy): 6/5/2012 G. *Did you inspect for illicit discharges during the reporting year? ❑X Yes ❑ No H. If you answered yes in question G above,did you identify any illicit discharges? ❑X Yes ❑ No I. If you answered yes in question H above, how many illicit discharges were detected during the reporting period: 6 J. If you answered yes in question I above, did the illicit discharge result in an enforcement action? ❑Yes ❑X No If yes,what type of enforcement action(s)was taken (check all that apply): ❑x Verbal warning ❑ Notice of violation ❑ Fines ❑ Criminal action ❑ Civil penalties ❑ Other(describe): Minimum Control Measure 4: Construction Site Stormwater Runoff [V.G.4] (*Required fields) The permit requires that each permittee develop, implement,and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities within your jurisdiction that result in a land disturbance of equal to or greater than one acre, including the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres. [Part V.G.4.1 A. The permit requires an erosion and sediment control ordinance or regulatory mechanism that must include sanctions to ensure compliance and contains enforcement mechanisms [Part V.G.4.a]. Indicate which of the following enforcement mechanisms are contained in your ordinance or regulatory mechanism and the number of actions taken for each mechanism used during the reporting period (enter"0" if the method was not used or"NA" if the data does not exist). Check all that apply. Enforcement mechanism Number of actions ❑Verbal warnings # ❑ Notice of violation # ❑Administrative orders # ❑ Stop-work orders # ❑ Fines # ❑ Forfeit of security of bond money # ❑Withholding of certificate of occupancy # ❑ Criminal actions # ❑ Civil penalties # ❑ Other: # www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-06 • 319112 Page 3 of 5 B. *Have you developed written procedures for site inspections? ®Yes ❑ No C. *Have you developed written procedures for site enforcement? ❑X Yes ❑ No D. *Identify the number of active construction sites greater than an acre in your jurisdiction during the reporting period year: E. *On average, how frequently are construction sites inspected (e.g.,weekly, monthly, etc.)? F. *How many inspectors, at any time, did you have available to verify erosion and sediment control compliance at construction sites during the reporting period: 4 Minimum Control Measure 5: Post-construction Stormwater Management in New Development and Redevelopment [V.G.5] (*Required fields) The permit requires each permittee to develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects within your jurisdiction that disturb an area greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale that discharge into your small MS4.Your program must ensure that controls are in place that would prevent or reduce water quality impacts.You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. Note: The MS4 permit requirements associated with this minimum control measure were required to be fully developed and implemented by June 30, 2008. A. *Have you established design standards for stormwater treatment BMPs installed as a result of ❑X Yes ❑ No post-construction requirements? B. *Have you developed procedures for site plan review which incorporate consideration of water ❑X Yes ❑No quality impacts? C. *How many projects have you reviewed during the reporting period to ensure adequate long-term operation and maintenance of permanent stormwater treatment BMPs installed as a result of post-construction requirements? [Part V.G.5.b.and Part V.G.5.c]. 26 D. *Do plan reviewers use a checklist when reviewing plans? ❑Yes ❑X No E. *How are you funding the long-term operation and maintenance of your stormwater management system? (Check all that apply) ❑X Grants ❑X Stormwater utility fee ❑Taxes ❑Other: Minimum Control Measure 6: Pollution Prevention/Good Housekeeping for Municipal Operations [V.G.6] (*Required fields) The permit requires each MS4 to develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations.Your program must include employee training to prevent and reduce stormwater pollution from activities,such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. A. *Indicate the total number of structural pollution control devices(for example-grit chambers,sumps, floatable skimmers, etc.)within your MS4,the total number that were inspected during the reporting period, and calculate the percent inspected. Enter"0"if your MS4 does not contain structural pollution control devices or none were inspected. Enter"NA"if the data does not exist: *Total number *Number inspected *Percentage *Structural pollution control devices: 1 657 657 100 B. *Did you repair, replace, or maintain any structural pollution control devices? ❑X Yes ❑ No C. *For each BMP below, indicate the total number within your MS4, how many of each BMP type were inspected and the percent inspected during the reporting period. Enter"0" if your MS4 does not contain BMPs or none were inspected. Enter"NA"if the data does not exist: Structure/Facility type *Total number *Number inspected *Percentage *Outfalls to receiving waters: 680 136 20 *Sediment basins/ponds: 382 72 19 *Total 1062 208 20 D. Of the BMPs inspected in C. above, did you include any privately owned BMPs in that number? ❑X Yes ❑ No E. If yes in D. above, how many: Unknown- Database and outfall info adiustments in process www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-06 • 319112 Page 4 of 5 Section 7: Impaired Waters Review (*Required fields) The permit requires any MS4 that discharges to a Water of the State,which appears on the current U. S. Environmental Protection Agency(EPA) approved list of impaired waters under Section 303(d)of the Clean Water Act, review whether changes to the SWPPP may be warranted to reduce the impact of your discharge [Part IV.D]. A. *Does your MS4 discharge to any waters listed as impaired on the state 303 (d) list? ❑X Yes ❑ No B. *Have you modified your SWPPP in response to an approved Total Maximum Daily Load(TMDL)? ❑Yes ❑X No If yes, indicate for which TMDL: Section 8: Additional SWPPP Issues (*Required fields) A. *Did you make a change to any BMPs or measurable goals in your SWPPP since your last ❑Yes ❑X No report? [Part V.H.] B. If yes, briefly list the BMPs or any measurable goals using their unique SWPPP identification numbers that were modified in your SWPPP, and why they were modified: (Attach a separate sheet if necessary) C. *Did you rely on any other entities (MS4s, consultants, or contractors)to implement any portion ❑Yes ❑X No of your SWPPP? If yes, please identify them and list activities they assisted with: Owner or Operator Certification (*Required fields) The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator)or ranking elected official (i.e., Mayor, Township Supervisor). ❑ *Yes-1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment(Minn. R. 7001.0540). *Name of certifying official: *Title: *Date: (mm/dd/yyyy) www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-06 • 319112 Page 5 of 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: C.Q8 ITEM NO.: V. Leslie Stovring Approve the Wetland Permit Application Public Works /Environmental for Eden Prairie Woods Rifth Move to: Approve Wetland Permit Application a nd Wetland Mitigation Plan for Eden Prairie Woods Sp The proposed plan is dingle family lots on licres. The plan includes construction of a culvert crossing over Riley Creek. This would re }ire(Acres of wetland impact with &cres of wetland replacement. Bl#fn There are 1cres of wetlands on site and(Acres will be impa cted by the construction of the crossing over Riley Creek. The impacted area will be replaced with acres of bank credit that were previously purchased for the a Creek deve lopment. The Eden Prairie Woods development meets wetland structure and buffer setback regi rements. The site was found to support endangered, threatened and special concern vegetation, the lots were reconfigured to account for their presence. The Gllot where the wetlands ar e present will be dedicated to the city. Staff recommends that the Wetland Permit Application and Wetland Mitigation Plan be approved. The conditions for approval include applying for and receiving a Public Waters Permit from the Minnesota Department of Natural Resources. Ain Wetland Permit Application Am,dand Permit A pp fication for HENNEPIN VILLAGE — SITE B Eden Prairie, m innesota r' r Prepared for.- Toll Brothers Prepared by: MFRA►, Inc. January 5,, 2012 Wetland Permit ,Application — Project Summary Hennepin 'Village — Site B Eden Prairie,Minnesota Apfi1'icant: Alex Martin Toll Brothers Ine, 1440 Steeplechase Lane Eagan, Miiuiesota 55122 Agent: Todd Ullom, WUC McCombs Frank Foos Associates, Inc. 14800 2W" Avenue North, Suite 140 Plymouth, Minnesota 55447 Agent Phone: (763) 476-6010 Project.Location: E112, Section 29, T116N, R22W, Hennepin County WCA LG . City of Eden Prairie PerntitsApt lied_ or: WCA, DNR Public Waters, and Army Corps of Engineers (COE) Prq jest Description: The applicant is proposing a single-family residential development within the soLrthwest portion of the City of Eden Prairie. The project is planned to commence in the sLininier of 2012 and will involve 0.317 acres (13,795 SF) of wetland impact to Wetland 2,which includes Riley Creels and its floodplain. The proposed wetland impact is the result of a city street alignunent,which will provided ingress and egress between the development and neighboring communities to Spring Road which is located to the east of the development. Two wetlands were delineated as Riverine (R2UBF)wetlands on October 14,2011 by MF A. The delineated wetland boundaries were reviewed and approved by Karen Wald from Parr Engineering during a site visit un October 25, 2011. One wetland will be impacted as a result of the development project. The proposed impacted wetland is regulated by the City of Eden Prairie(WCA), the DNR, and the COE. The applicant is proposing the use of wetland bank credits as mitigation for the wetland impact area. Wetland credits were purchased in late-2007 for the proposed wetland impact, however due to the economic situation the previous applicant 1 current landowner never completed the proposers roadway and residential development project. NA-026620.0111 (V.1.02 iL1r NIS dVtyltl))9J1MOM Minnesota Local/State/Federal Application Form for1(tl,aterAfttland Pro ects Tl-Li lntpWi li,R ceivy fllylaii"lii>11 Afo, liialtl CYkYtse C4tle 17a1e luilrtl iAppii�atlioil iitetivea! 17a1r;iirili;ii Alalllicaliou 1)GCnied C'ntnlalele PART I. BASIC APPLICATION "Sec 11LU"dlrvas you tit imltrrrtaiu n,lililtannl lurcxniMitan anti nssistnncc in InstrocilotS,Pap I. I. l.AN1at7Vi'N ,Rli►pl'L[C;tkN]'CONTACT iN1•'ORNIA'I'I(IN(,Yeo i[L*IP J) Name; Tull Brothers;Alex Mcirlin I'haile: W-365-0601 E-mail:amarlin@tollbfolhersille.Coni C01VIClc nlailing addlesx:'144O Steeplechase Lane,Eagan,Minnesota 55122 IA, AUTIf Oil IZED AGENT(.See J'lefja/A) r'CJu1p ff tlplrlJccelale;fire rrF•�rrr la fiat i erjrrrrrrll Wine: MFRl1:Todd U110111 i'limic: 163-476.6O10 I•n1101'1t11101nOrnfra will C'oltilaivie Imalling adds-cm 14800 2$ut Avenue 11i,Stlito,140,Plymouth,MN 55447 2. NAME,TYPE ANi)SIZE OF PU11L1CNYA`1'Ii:RS or WKTLANDS IR'PAC'J'aD{�lltntll rltieJirleStpet/f i'G!jC�1�lrzn sluxts if itecdrd) Wile er 1.17.lI or wfaus impacieri(irallplicable,irknutvn):Fail,)y Creek (Clle:k rill tlrl,t nppl'y); 0 Late 0111ver 0 Ciretilnr 39 tiYctlantl lypc:!J 1,❑ 11,0 2,Q 1,0 4,0 5,❑ri,C]7,n 9 Welllurd pinirt eoallrliklllly 1y110': ❑slittllaw open walor,Cl(leaf nunsll,[].41011 ltv nlarsll.N sedgC incnclosv,E] fresh lttctailol,, 0 wel io twit-111"fo Imlil 10,p calenrcnas fen,❑opcll bat;01'tunirri ou„11[il;,I]slullb-calrluldu Illickcl, b lrn"TIANTod slvflI'Mor coil INvolis swamp,[}Ilnur{plriln forest,[]sertsomilly flooded basin 111dicktto 9ile or t allim lake or tvcklanrl(ClICCk Elite): 0 Less 111011 10 urns{indicate size: ) n I a to 010 notes Cl Clrealer dittn'lo Items 3. PROJECT Li7CA`i'ION (fltfvrrmadorl sera befaaurrlrin rya olve 4t tax sl'rtleurreil,,rrevq,eiYy,Wtv op.title 1 rirnrnrcu)r Project street ntldreu. I tit If: City(ifnpplic-.1ble):Eden Prairie ;�Sr: iiun:l~IP Scctlt3n:29 Tolan:.hlf:fl:1"16N Ltnnge rl:22W Connly_Hennepin I,ol fl: Block: Subdivision: 14lalcrslietl{+1lkntc or#}33 U110 lnr Ilion:N ki Jlttnoll ti sitlllllc situ lataigr Inala, li noederl,include rm the map writken direel oas to ilia sitc frnrn T k110WIL locntiun or 1an1111un'k,itild provldl;rliatnnccs rroisi kaulvll Inclrtitlns. Lhlaei l lit sliertMrs LOCA7011A,411, 4. TYPE OV PROJECT, Descrlbe Ilte tylte ufproposcci work, Atlncli TYPE OF Pfi'0JF;C"7'tsiit:eC if lwedctt. Single-family residential and city slreel S. PIROJEc,r PURPOSL;,DLrSCRIPI'lON ANi)DIRII NSIONS; Describa lAim),oil pltni(u da and telly H 1511eCCloct,Ilnly y(Iu plan In e1111SI1UC1 Ills`prUjCCI 1!'ikli dlnlcnRl4ns[ldll$Ih,lYltllll,depdi),r etl ot'impvcl,and lvhoji you 111'rtll(i3e to C(11t4iiYaet Iltn 111ajecl. This iii(ill+ Illuvt inlportnnt part nryoul.1ipplicatiuli. Sce HELP S liefora collipleil,i0 Ilsiia sediram see 1Vltnt To fnclurla ot,pl.-Ills(Ilist]Imfifills, page I). Atlncir('wji C'J`DLSCP1PT10A1 slieul, Please see attached project narrative Footprint orprojecl: U.317 acres ar t 3,795 sclunm Net dkilood,filled sir cxcrivnlod, 6. PROJECT AUI'LltNATIVES. Wlrltl lit lernatives I this proposed proj eel[invu}'rate eonsidi red i im lvotlld uvuicl or nlinill,jm filipels Io lvetinotls or haters? list at least TIVC1' till(lltiotrnl allci't1aii\Cy to yotir project ill Section 5 tltat avoid 1Yellt110S(one of s!'Isiell 111:1)'lie."lit) (built("or"tla notliing"),micl caplaill wIly y,0111:1ruac to pulse¢Ilse optivii dewribed in Otis applicltlloil uVCr Illese altermuives. Allnull )'IdJ.JGCTr1L7E1th"rlrii�li�,;tlael dCueected. Please sea attached project narrative ?, ADJOINING PROPERTY Ct1YNERS; rut'I1lojecls lilut hllpact nlpic 1111 l 117,000 stlnim:fcof of witt:r or lvetluilds,list the eomplete mniiing atltiroms oratijacem pnlpcdY olvnel"s(1111111 altll6161"allalc steel, (Sec HELP 7) S. PORTION OF WORK C O N1I1LE I•V.,, is tiny poiliun of ilia work in wed-and or Wnter nrem alrencly coiniileltd? ❑Yc4 IRMO, jr )--us,describe ihccomplctecl,,vaik[Ilia scpalrnle sllcak OCIM1101 labeled WORK ALi1Z1r)V COMPLUTEW, (;ire FiELp S) 9, S7'.ATI15 G] 0TIJI&R APPitt7ttAl..^S; List nay o111Cr pointils,ruvicwm or nplu4vills fv1diCr1 10 11'is 1ae0114+cd praicct hint are eilllar pen llh[k or Iuive alrendy brew n1111roved ur dollicd oil n sepal•nia littoelled Shea. Cieg HE'1,1"'J. 10. 1 Elm applying fllr state and total ituttinrlration in Gtal doo Ilie work descrlbod in[Ills nppllcaliol,. I;lnt ki111111hrr idit tile ilil'nrnlnllim conininccl in II1is oppI10111un. To ilia best of lay`Wowled$a and bellef,all 111fulurl(lolt ill furl I is(rile,conrlliaW,nild ncmtive, 1 1104stass II1C 51011101 ity W 110LICitrake Ilit1 work durerlbed,0V 111111 ilcti Og as llle dilly 4tidlorivd;ageatt of ilia allphcnlil, ,5i�u€rtrn•e r?feiJrfai`IGlltrr(Leerrri'nn°uelJ 1]rlte Sig,rtrlrrra't�r�;crir(�'rrf1J.'IJt•nr,(e) J�lratt 'I leas blocs:llmnst be sioned by 11w limnil Wi.)desim it)simleolike Ilic prokloscel i cliviiy lend to is Ili;necessilry properly riahis to slo so. Wanly Ille ill nit(ins Agneil, iitenss!n1r:tph fl sr:lr�rtiltsiil`el silkoed by the ianddlYlier,�ivin�iiceccsnr}°nulirariilr#tan i+3 Il,e A.go,rl, 'Ste Iircrlurxl PltlaltS Mid J1e101 C'fltuultorides of illiouremin mid 11`lsoarr11tr(Jt"g,(eelrs alut Reed,1997)Its 1111,11p00 by Itit Mill rd Dr Wilier arld Still kicsanree5, tinitttl,5inlu8 Aviny Corps of 1:ilgk,ittrs, Iv11nn ittln I.cacili/Sirltcli'ellcral rlpplivallon V011115 ref Walertwolliml I lojecli I'lige 1 !1'I'I ]f',t"rl_onr l l7yt I][r>tirt'1r1�11 I T ar"1°H AItMI'r'GI71171T d]C[t[t 335 OM Al'P12OVAI.4`O O.U7IA IIaJ l:spllrt I1ac 3It Dt11 I III IIIII I IIt WI[llrn for Ili is to Ile it loll of to fOrnlIl l ielIll e21111tAltd la a4 J Il li I)ars Ilrr rm;lanw,3L11 si19Ig1-11*llulJorfll'or applisn Ikwit s11Oi,111 Idrli lIC S Itatrrr a IdS� 5.�I di,;.'I IpCILtd:I Ilia Ulnae IliAlilctialit,acnrcidng erx154111V 41511)sviurets,lidlicruip and IN Ill dainiu0 ilia dmn uttrled,,ln[I 901110cting nrid ra4irtiaiuJ;14 coticcrian Or ItilaimVitioa. 5c010 o0,iirlur,its rlagertlrn0Itlls:tinrdan 0111111w or nay Wllrr Arpm alflllit:cil"iian orinrnrn111loll.IIICItldln0AVi;( lwm for redneing lbil hllydail,Irk n+tprlllnlvul 41f f)traraso,Wnshimil;lo i Ikildilltarlem Stryker oil ccIatnla of Tor nnlafiolI(lfiernitolN:'null Itdpprl%12 15 Jaflirrtan lanais I Iiglikliny Sillier 1204,As lintlflli.NA 21302.4101;nil$I IIid()f'nte I1f hinrinl:unigld flail Llitrlixl,l'npcinvin:k Raillwil;a Ihof etl.(OW'0003),Waahillglos,17102030A. 1[c lo,lticnls sllnidll Le lltyare dint tle willtslnWin4 fitly 6111er prOT'isiou afllw..I,te 11lrNrnl S11rk11 Col In1ij,:I:[to Ill,)'IrOnahy for raifdnl:n,Camplywid,It cistltcilulr 4rlrlfptniatiaAl I1,I1 don nnid1ap111.a¢a4rtaally VAN L)Ma COMM]nilm11cf, Meat!n(1114TRUI)IM tanr W1•ni Io eillml of dlesa 111Tdralsea..CgInyrle,et[nppIlcnlVons luusl tir bntfatlilydrl to Ilni arislrltl cuplasecr hotlrll))Ixlfdirfin,i owr ilia laenllpn uftht pr,sllw'd nelit'fiy. Ff[tYhs:S`,IC l'ST,1T@A!I tTI Aw[wrltirs:Il'ivors n,ul limbots Arl.Selk:110 4 10,31 USC'IU:C;CIv;,n Wolf(Act,Saetron,10N,33 USC 11I4.I;Matilie Plata alias,pA.ItAtali IlnQ axCllr friCS r1cl,ly USG I IJ,SNi1p11 l03. 1'rillullMl 111I11mv,Inror,llal ioi,.Il Vi(Itfl an rtrl9 fern,Will I'ro uWf In CylibiAlir ll;Ilia nplllfralinn fat'n Ireemll. Ra,line 11m:'t,lt6 i1ofgluln601 Illlly 44111red tvlln the I3tpi,nlnerrl afl41511c0 Alnl dillerfedwal,milli,avid Coro[gol�:rinrirat Aguacira, :futSeldsYianoPhqutatell iufahrrAtipn isllvllunDry:llta5scf+Ir.if i,fro tnnllnn Ic n l t sl l I lc eru+il t ICcIlfi9±1311MI01 IN ;lino rnlall be Issued. 1.APPLICATION NO, 2.Plr•m(1r1'f�'r CODE 3..DATE RKEIVED rl,DATL AI'l'I_!['ATION CO MPLE'1111) YOU btu NOT NEED TO COMPLETE ITEMS U-'Its and 12-25 in the S13AI-JED AkEAS, Alf nliplirnnts n,tisl tulliplcte Ilatl-shako Hums 5 Illid 26. Iriltl n�,Clll is Ilsed,also Complele ileals 8 null 11. This optlallal 1=edpml tbrnt is rl,llifl for usn o,tl I when iucltiderl its pal-I orillis enllre simg-,applictltirin otckel. },APPLICANT'S NAME S.AUTi-10110_n ACIi'.M7"S NAliM ANII'CITI--1=(all a,eQl isimi required) TOM IJr01116fs;flex Martin Mr't;Todd Ullom G.AI'iLICANT'S AUDIRIrSS .: 9.AGENT'S ADDRESS ——�— `7_AI'PLLC i1M1l J s lli icat�l;lv[)`•. _ IQ.A{il 41"STJI13;t E NO.. t I-STA-LIit11ENT OF AUTHO412ket'!ION,(tjreily 1iolhle;,,nmplair Maly�f(III11r¢ri-114 at)clip m) I Itcrei,y wllharize MFRA:Todd MOM la act all my h011alf rit$Illy nsait Ill Ilic JUDCCS409 Of ill is npplltsilinu kind I,,rorldsh,upon regLmi,anpplell+eal(al illrnrn1111101I Ir1 kitIv rrl of Ill ispCilslil Npi,lir:nlfolk. API'L1L'AN'I'°'S SIGAJATIIRI; DATE: 12.PROJG(17 NANJU OI2 ITTI,.,E(we illsfltteli}11,t)' 13.tIr1MG;C7C'1 rAi[iltt3liliY 11'IMP!("Irilid(il;sgrpiicahl4J l+l_PROM-T STR13V ADDRESS(If nilipliuhlej Iy.LClt,;rt'I'11-7h1i1[�lal2f)IL�:T ; • 4 16.U 111HR LO A!HO V Dlf SC' RI IF I I,t%',1'I.4(scc.imiritulirnts) 17,DIRKTIONy 1-0-1-11H.NI11;: LS.NA'i'f1121:C)I'AC'flVl'CY Ili,i"1 1411 t'l:.l'l1t [rjs l; 20,RCsIl5O1J(Sj F 12 pf$C4lAR(IG '!•'1111 SIil r lA fiiltl,ll Iil 1i`.0 LPI C-I16R!GEI)AhlD1-11f,AN101-f1 -QJ%TAC CI`IYi?Ir I 4(llilCYAltl3S k?•St11{lAt;l'i�.Isl'h lfl 1C Isi;.i 0l'1'IL'.I't ANDS,ORUCI11 1[WATERS rI1.i.1_Ui 23,15 ACT(t'OK ION.[JI I 111 ',V )j.K ALIWAT)Y C.ONIL'U'l G7 YL S If.Y1;S,[)L'fiC'I(lI3I CClh1pI.L1"fiD 11401[l , 7'I AC)Ill(f:tiSLS(JI�•i1i4�1.1[lll;dlNi 1'IZCII'I�[tl'1`()41;rNLRS, �f �� r^.i;LlS J C5! O'1I1!J 'Liltl II I['r1'I iC)P1I ()11 AITAI AtAL.S DUNiAi:S 1MCC:IVL:'Ia I'ROA1(}Tlimm rerjaw Y'fATSOlt LOCAL.A[ifiNCILS r-Olt tYORk 1]L•S('1tU3f�t).JIVI'll Il i Al'J'LICA'1'1+1N: 26. Appiicalion Isliereby Iliurle fvr n pernlrt 04 Im I wilf,to lnl[Iluri;w f le work dCSCridltfl ill Ihis npli li(!pd jail. I ce)vify illnl llle inrvrrlinlioll ill Illis �,plfliullil,n is eanlillcCv i111()Ilecllrrstc. I I41liltrl cei lif%l iiiat I passtss IIIV IInlhari[y to uil[1e19t kiii ilia%yolk joiiclibcd llcrein ill roll oclinglis the atlly autllarizerf a�tni urlll4 srllpliesull. Signnlure nlYplic;an i1c "lallitilroof(Celli tit rly) 17nttl '1'11C npliliCflliun IIIL151 LIC Sigill2d lry the persoll Who diudlel to Ilriderlake Ilse prollosed wdyfiy(1pplICIIIIl).Or 11 111IlY Coe sigticll l,y n dilly nulitorized,thwof if ilia ste(egieltL sIi Block I I Ims UcI 11 filled+alit rind slgactl: 1 N 11 f+.t'.5tet[on 1QIii ttlrvltles Ihrll tt'hurvar,iit arty 4ilnnner rvllliiil dlC jllrlsdlclian ornrly sdellurintent or ngeney oraic Llni[cd slnies krimvlrlgly and Ls ill fill ly rnlsi ricR,Voila cllIS,fir Carm,up tvil11 arty 1I la,SOwinr,Iirk]kgLIkell It iisilarlul litcl or 1114kkc1 iIl1,V rillae,11C11110LIS or lfrlllilnlent statumms or rk;11resell lnliul l5 Ur nlnlem Of iliSCs.1i1)'11911tt wrlidop eir elorivirianl 1,uuwiilg Si9I11c ld coll gill Illy rnlse, li lilloil,s 0i'rralldulml atnle111Cais orfrwy,41inll tic lined ii at mbra Ilium$10,000 yrilnprlsanc11 nol Marc than fish;3cprc(II t%olh, !3i's G I%ORNI 11345,Jul 91 f:Ltr['ION OF FLU U 94 IS{3BSO[11:1•l'. (1'f[pollenl:t_N"Ily-01;) Iv 11MUnta l_OCAINIaluffcdcrnl ApplICIAIl4n Frsrnls ror kkA ii1 rilircllnnd 11rojec1S I'nge 2 FOR LG1.1 I.ISE ONLY; Delermiantion for fart 1: © No WCA jurisdiction ❑ Exempt:No._(per MN Rule 9420.0122) ❑ No Loss: _(A,13,...0,per MN Rule 8420.0220) Wetland Boundary or type Q Rep[aceme.nt required—appIicaul must complete fart II AIril.l TV-1'I IE SECTION BELOjy ONLY IF RETIACEMENT IS NOT REQUIRED: Application is(elieek one): 1]Approved DApproved wilh conditions(conditions attaclticd) Cl[),hied CommentslFindings; LOU official slgrrarrime bale Name oral 7"Wo For Agi•Icultnral and Drainage exemptinns(MN Rule 8d20.0122 5ubps.I and 21t),LGU Ims received proof of recording ofresh ictinus (per NIN Rule 8420.0115): Comity where recarrlecl Drite Uocumew#assigned by eecrjarler I.Ctlofle,cied Sigrtrtlarrr scale Minnesota LocallStalell'ederai Application Francs for Water/Wetland Projects Page 3 PART Ii: REPLACEMENT PLAN SUPPLEMENT For amislonce ila coniplethig Parr 11,coarracl j care Local Govermnew Unit oi•a prafessloraal€:omvIrrrrrl 11. DESCRIPTION OF WETLAND IMPACTS Coinplele the chats below: 1)Use one row of poxes for each wetland impact;2)IFynur project has mere than one wetland impact,reference your overhead view(part of section 5)to this clian by identifying and labeling"first imtmet"and"sceond impact"on your Overhead view;1)if you are identifying only ono iimiland type ivilhin a given Welland impact area,use the first dotted line and leave the athea:w blank; 4)If you have chosen to identify more diall olte wetland type within It given Avelland inipaef area,It$c the extra dotted lines to indicate eadi Welland type;Will identify predolninalit veaelation and size orimpacled area for each separate Welland type within That fnlliact area;5)If you do not have access to smote of this inFormadoa,call your LOU of SWC'D oftice ear assistance. (Photocofay chailifor more wiliarrs, tfa eaded.) DESCRIPTION OF WETLAND IMPACTS Wetland impact Watershed Watershed Wetland plant Predominant Size of area Existing land use in project (as noted on name or and Bank community vegetation in impacted area (check all that apply) overhead view) number(if Service type impacted (in acres or known) Area wetland area square feet) Minnesota 49 riverine& reed canary 13,795 SF ❑ Housing River- sedge grass ❑ Commercial First Shakopee --------------------- wadnia+.--•---------------------- ---------------- ❑ Industrial impact (#33) El Parkslrecreation areas ❑ Highways and --•---------•----------------•- - - ---- ------- ----- -------------- associated rights-of-way El Forested �I Farmsteadslagricultural ®Vacant lands ❑ Public;and semi-public (schoolslgov't facilities) Second ❑Airports ---- -- - - - - El Extractive(r9ravel ilnt�act pitslquarries) ❑ Other: 'Ifyou arc identifying only one wttland type Within a given Welland impact aria,use the first dotted line and leave die others blank, Ir you Nava chosen to ideality more than one wetland type within a given welland inipact ores,use Ilia extra{lotted lines to indicate each separate wetland type,and identify predominant vegetation and Size of impacted area ror each separate trcilartd type with flint Impact area. TOTALS OF AREA(S)IMPACTED POR EACH Wr-,t'LAMI)TITS ON CHART(hidicrde hares❑or squar•efeel E) Welland plant corrinintllty type't Shallow open 1vater: Deep Infirsh: Shallow Marsh.- Sedge nieadaiv: 13,795 Fresh ivet meadow: Wet to wrt mesic iiI'alric: Caleareous fen: Open bag or coniferous bag: shrub Carr or adder lidelict. Hardwood sivomp or coniferous swanip: plootlptnin forest Seasonally Ilooded basin 12, SPECIAL CONSIDERATIONS. Are you aware of any special considerations that apply to either the impact site(s)or the replaMlicnl site(s)? Q Ycs ®No (Examples:lire prescnce of endangered species,special Fish end Nvildli fc resources,sensitive surface ivams,or waste disposal site,..) IF YFS,list and describe briefly. 13. Sf 1ORLLAND IMPACT ZONE- Please identify each wetland impact site noted hl Section J5 dint is within 1000 feet of n take or 300 feet ofai river, Riley Crook is classified as a General Development Water within the Shoreland Management regulations and flows through the center of the property, 'See iVelland,Pherafs and Plaid C"orrraraurrilies of Afinnestira refer!111seonyl a(Eggers iind Reed,1997)aIs riarufiiicd by the BoArd Or W:iter:inti Sail Resnnrces,t;Jltiied Staley Army corps or Digineer.i. Minnesota LocaUStatefl:cderal Application corms for Water/Wetland Projects page 4 14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISi1ED: indicate flow proposed replacement will be accomplished(check only one box belo%j- and conlinuc as indicated)-- A. Wedand blanking e:reclt5 Only Coinitlete r11)p11c,errlonfur II'fr{lrlrrrsrtl!r3f of t{eerie{Cr'erlfrs 1 arn1 and incitide t►ith your applicaLion. Copies ofthis form are available from yo"i-LOU,or download a copy from wiasc,.bivsr,stnte.nnl,lts Skip to Seciiou 19,page G(You tin not need to complete Soctiom 15-18). [7 13, Project-specific replacement only Conlinue with Section 15 below- ©C. A Combination orwetland banking and project-specific repinceunent.if tr!tialg project specific replacement that will result in sur)lltis►vellaud credits that you propose to deposit in tltc$talc wellund bank for future use,then yott must submit a wetiard banking applicalioil dirccily to your LGU before or collcurrcully 16111 snbnaitint of Illls form.Also,L'nti7plcic dplalfcerrlrlrt fot'lFiflult-coral a/l Fcllgrrf CrR&1x Form and include with your application, Collies of this form and the Welland banking apphention is awlailahlc fr m your LOU,or download a copy front wlvw.baysr.state.nvi,u colllinuc with Seclion Is below. 15. 1OI SC']ttl'TION OF REPLACEi4IENT WETLAND(S)CONSTRUCTION(Cornple►e this src11011 Only if)'1311 runt-keil 8Dz li Dr Bo%C in Seclion 14 above); Describc in detail bole replacement weiland(s))will be conslrucled. I f several mediods will be used,describe each method. Details should include the fail lowing; 1)type of construction(such as excavated in upland,re iored by file break,restored by Glitch block or revegelated);a)type,size and specifications ofnutict structures;3)elevatiutls relative to'Mims Step Lcvcl or established benchmarks or key features(such as sill,Gilt rgcracy overnow or struct 170 height);4)rvbat best mminocmenl prnetiecs will t,e impicincilled to prevent erosions or site:degrada[ion;5)proposed thnclable for starting and ending the project;and 6)11 vegetation management 1}tart NWIc this descripfion nil a separate shect of paper labeled MSCRIPTION OFREPLI(CE4 ENT firETIAND COAT TR UC TION. 16. e5[JItPLUS WETLAND CREDIT'S; If using project speeilie ieplaccmcriI(Rox 13 or Rox C in Section 14 above),will I lle replacement result in ally surplus,voland credits tllat you wish to have deposited in the State Welland 138nk 17or fidure use? El Yes IJ No. Il'yes,submit a Wetland.Hanl(ing Applicatinn dine ily to your LGU before or concurrenfly with submitiul of this loom,Copics are available from your LOU,or download a copy from www-b+vsr-stntc.mn,us 17. DESCRf PT'ION CP REPLACENIEN'r WETLANDS; Cornplcie the chart below: 1)Use one row orlaoxes for each Welland replacement site;2)If your project hus more that one avetlnnd replelccnlent site:,reference yourcwthead view(part o'Scetion 5)to ibis chart by identifyingand labeling"first fell[acement si1c"and"second replacement sire"on your oven-heitd view;3)lryeir are identifying only one►reii ind type within n given rcplaceincnt site,use the first dotted lines)and leave the ollters blank,4)If you hnve chosen In identify more than one wetland type in a given rvpincetnent site,use the extra dotted lines to frldicate each separate wciland type,and identify type(s)orreplaccrnclit crcdils and"restored or created"fur each rseparate►wetland type rwilli that replacement site;5)if Yc,u do tail hlave access to same of the information, nr if you tin not know your replaccnicnt ra;lul.Call your LOU or SWCD office for assistance. Pholocopy chart for rlror'e walletilrl t lrlrrC lrrer7f t,If needed{ DESCRIPTION OF REPLACEMENT WETLANDS Identify Watershed County Section, Wetland Type(s)of replacement credits Restored Wetland name or Township, Plant (in acres orsqua,e feet) or replacement number Community I created? site (if known) Range Type' New Wetland Puhlic Value Indicate (as notecf on Bank Service Credits (NWC) Credits (PVC) R or C overhead vrety) Area Name of First ---------------- -----.------------- --- replacement site ---------------- ---------- ------ Name of Second --------------- ------------------- ----------------------- ------------- replacement site ---------------- ------------------------------------------------------- If you are identifying only ore welland type within a given wetland impact area,use the hi.,t dotted tine and leave ilc r1rllers blank. II'yon laava eJiDsen tD idelttifye more than one TOTAL NWC TOTAL PVC ►wellaitd type within a given►eliand impact area,use the extra clotted lines to indicaic cash - sepnrate Welland type,and identify predontivalnt vegoat'ron and size of impacted area ror REQUIRED REPLACEMENT RATIO: ench sepnrate►velland lype twithin 111111 inipact al•en. �J�kl�rJt3°17f� Wetland plant community type: 911i111OW ripen hiller: i}eep marsh; Shalltnw NIal'sla; 'Sedge meadow Fresh wel meadow: Wet la)vet tnesic prnir•le: Calcareous fell. [Open bog or tonifer otis bug; Slit-lit)Curt.Or klider'thicket: Hardwood swamp or conlreruus swrtmp: Ffondplain rorest Seasonally flooded basin *See tt,edanfl Pfanfs andd Fhort Conrrrrwrifies afAllmrrsratt mod lVisra►ishr(rgger:r nerd Reed,1997)as modified by the Board of Water nad Soll Rcsourcts,Lluited Strttes Airrny Corps of Engineers, Minnesota LocaUStale(Federal Application 1;oims liar WateriWelland Projects Page 5 18. pillUITIONA1,INFORMATION I11 QUi111•;p ron PRojecr-sPECII''IC Rr1'1,,%CGIAIKN—l-(11criull'tdl ull(P lfyorl algi,licil Hq3;13 a,.i;nv C ill&Ctirlll ld); rot-projects Involving At Icnst Some projeet--lpeelfe replaccillelit,include 111C 1611oWi11Jl nrldllionnl tuforllinFon; ❑'rwo drowlillm it)6Cnlc or11)e rdlilacQlilmt Ivicilnnd. luClude lao)lt[lvCrJlCarl view Midi Iliol-He(Sidle VICwor crlyss-scatiollni view)• see INJxIr ro Incllyde(m)PGrus (histrticliollS.Pagi:3)fora detailed d0sc6l)H lit QCWhat should be h1cluded in tllescdlrntvings. Witltgul(IrrrcrltIgg,yugl•clolklicatlou x•III be oullsidevedl in4ulgplere. ❑For Crealeli replatellwill wallillidl5',iuClllde additional will informilllotl(irttvnifoble)iliac iNdlicalcs ilia enpability of the rile to produec and rnaintalil wctinnd chriniclerislies. Note 1: Fol,I•cialncelncnt intlnndl8 Iotfiredl pal piptline u1selliews,yoll]iced to receive crldorscment oryour project IM111 bolls.[Ile CaSallelll holderand the MillpUtila (]opnrnia+nt of 1>ubh4 5afely`s Otlrco oriaillclsnc 5nrcty. Berore sltitt orconslruction,the 0Wllcr Of tll)y Litllllid5 11i1151 he netil10, The lit idodlnr(or dontreclor iS rcipousible for givilig dill notice by enllhig"Goplier State Oi)c-Call"at 452-454.9kt12('i'lvin Cities Metro Area)or i-300-252H 166(till other lucrnioas). 1a1e2; rtlr exteoslvc ur eolllples prgjtcis supplelnenlnry illrorinalinn n)ny be retitlesled:It a Inter dnicil Phan)one or 1110ra of 1150 responcling gcncies, Stich]nror111ation nrny iutsludo{but itpl be li n1Ic(I lo)Lilo rgllowing: topagrnprlic utnp.Ivaler ltlllle limp,soil borillp,d Atli soulldiags,aerial pholcsgrnphs, cnvlraluncntnl aSsetsmeni a11dllor citglntering roporls. 19. siGNTD AFrlRMoVFI0.\,: IFOR PROJi:('T N iNVOLt71,40 REPLACCIMENT HY WIVI'LANI}11r AXING ONLY. •J'o[Ile bc5torl)ly klj0%%,Iedl?c Iindl bdlW,ti1111)16rl1lnitdtn In Part ll 15 lrnC, colwpOgle find necnsnio;and I nfram Clint the milmlrl tossd.'S wl11 be millacudl via Nvillicirnwil lignl all aocoun(Ill the SInit:Wetl0nd flunk, Ir41i.I'11OJEsC'r5 rNVO1.vINC EI'i'Fil�i11'RUJLC:f-Sl'L•'CIF1C Idl.l'LriCls�'tlsitil7"QI1L.1'QRA C(]1113Ir\rl'I'fO\Qb ti1'1;�LA\D II,Ii�I4iM1�[i AND PROJECF-Si'I-TIFiC RUPLAC ENlr!'Nj';, Parl A! The rephicemenl welimid. i nllirnl Ihat the rcpinccolem wetland was 1ivl. Previously restored or crealedl under a prior approved mplaecliluol.plat or pernilt,AND Draltled or rilled Under All oxemptlon during ilia previoids 10 yenta;AND Roslord~dI unapt tiurnacinl nssistorice front liliblic erns(ivetidall programs;AND Iccsldarcdl using privalc hnpds,other Illal landowner Illods,unlace tllc fundS tiro lylritl tack%1t1i inlert t to lite hidividilal dir Qrgnrti"rnlrrnl Ihm Battled tha re>lontlian;Ill(I the indlividunl or orgnnirnhon notifies Ille local government Ludt;it writil19 Illnt 1110 rd:slorcd Welialld nrny he collsidered for raplaccnacnr" 1°n rl III Addillounl nsmi maces(check all that apply): ❑the wetland hilt be replaced berore or eaikctlmr nt Willi ilia octual draining or filling ol'tl MR1111dl. An Irrei'ocuhle hank l'ldernfcredil,perroriringco build,or officracceptublc sccurlly Ila-bcce lKovideel to gunrillifee5ncces6111I collilllction of ilic u'cdlnnd r4placelllcpl, 'rite welinitd losses Will be repineed via witlldlrltWal 1in111 as nocollat lit lb-Slack Welland Ratak. Plirt C. For projuls ill lralving lllly project-sped Fie rcplarel Ile 111r IVilhiil 30r1n}'s 4fCllltd rr¢ ivillg nJlprovat clrtllis agpllCn11r111 4r ,iln1mg,Work oil Illy.illllj'('.1.E will record ilia Nelaration orRestrictiuils null Covenmils on lite(Iced roe ilia prctllerly can l% ieh the rcpincentent idc(Inndf(s)will he 9uallcd;III(]l will,it Ibc snnle([data Sllblpir proofofsucll recoNillg to the L(i11, To lite best of my kuoWlelige and holier;ell fnfonnntlou in Pnrl IJ is true.colllpleta nndl rivet ale;nndl I nrCrnl kill sdnlclilt IS in 11nrl A,curl C,as%yell a4 checked nssurst)ce(g)in Pitt 0. sigismia or rrpllliemr!ill erperlr Val FOR LGU USE ONLY Itcphteclncnt plan rs Ohei:h oitt)t ❑Approved ❑Approvadl willi collailiuns(1-ul)dli1i0,13.altnell&) Dcnicdl LGUp(flcirrl tferrrrnr'e flare LGII 11119 rtccive evidence or 110e cud proof of recdnUill;Orl)eclartlll0li(if RV3+Iricliolls Mul CoVCnning for Uplacculoint X ldhind: Cowrti, Plied t reconfed Dam II(1-xa1guir l b)-lmcmrler LGUtirJlcfrrl trSnrrlrtr'a Data lvliencsotal LacutlSlnlcltredlentl i'kpplleetion For Lis rot W11 rtwulluud prgiecls Pule 0 Wetland Permit Application Eden Piairie, Minnesota TABLE OF CONTENTS Page PROJECT PURPOSE,DESCRIPTION,AND WETLAND IMPACTS...............................................................1 WETLAND OVERVIEW......................................I.............................................................. WetlandMapping..........................................................................................................................I Wetland Description.... ............ ............................... ......... .........................................2 REGULATORYFRAMEWORK........................................................... ...................................................2 MinnesotaWetland Conservation Act, as amended........................................................................2 Section 404 of the Federal Clean Water Act.................................................................... R.............. 3 Minnesota Public Waters Act and DNR Public Water Works Permits...............................................3 City of Eden Prairie Ordinance No.6-2003—Standards for the Protection of Wetlands....................3 SEQUENCING.....................................Y...............................................................................................4 Alternatives Considered ......................................................................................... NoBuild Alternative...................................... .. .... ...... . ........................................................4 WetlandAvoidance Alternative..................................................................................................4 AlternativeRoutes......................................................................................................................5 AlternativeSite Plan............... ...... ......... ........... ...................................................... . ......6 ProposedSite Plan............................. . ................................ .......•............................................7 WetlandImpact Minimization .......................................................................................................8 ImpactRectification .......................................................................................... .......... Impact Reduction and Elimination Over Time................................................ ...............................8 WETLAND REPLACEMENT.....................................................................................................I.............9 Wetland Replacement Required ....................................................................................................9 Proposed Wetland Credit(Wetland Banking) ....................... ...................................................9 APPENDICIES Appendix A—MN WCA Application—Notice of Decision (December 20, 2011) Appendix B—Wetland Delineation Report(December 14, 2011) Appendix C—COO Wetland Permit letter(.Tune 22, 2011) Appendix D—Preliminary grading &Erosion Control Plan Appendix C—Notice of'W''itlidrawal of Wetland Credits from the Mi io,nesota Wetland Bank(January 4, 2008) .Appendix li — Wetland Back Credit Agreement between Landowner and Applicant (January 6,2012) 5 January 2012 i Toll Brothers, Inc. Wetland Permit Application for Hennepin Village—Site B PROJECT PURPOSE, DESCRIPTION, AND WETLAND IMPACTS The purpose of the Hennepin Village- Site B development is to meet the,growing demand for residential housing in the City of Eden Prairie. The +/- 78.7-acre site is located in the E1/2 of Section 29,T116N, R22W, City of Eden Prairie, Hennepin County, Minnesota (Location Map). The approximate decimal degree coordinates for the site are Latitude 44.8254, Longitude-93.4809. The primary portion of the site proposed for development consists of grassland with large forested areas adjacent to Riley Creek. The property is bounded by Spring Road to the southeast, Eden Prairie Road to the west, residential development to the northeast, open meadow and woodland to the north, and a private residence and woodland to the south. The proposed project entails 13,795 square feet (0.317 acre) of wetland fill, and complies with the wetland replacement requirements of the Minnesota Wetland Conservation Act (WCA) and Section 404 of the Federal Clean Water Act. The proposed impact is the result of a street crossing over Riley Creek. The street is needed to provide a secondary access to the development and neighboring properties while the current intersection between Eden Prairie Road and Flying Cloud Drive (US Highway 12) will be closed due to safety issues. Wetiand mitigation will be provided in the form of wetland bank credits that were purchased by a previous applicant/current landowner for the currently proposed wetland impact. Included in this application is a letter from the current landowner/ previous applicant that conveys the wetland credits that were previously purchased for the project to the current applicant. WETLAND OVERVIEW Wetland Mapping The Hennepin County Soil Survey indicates that the project area includes seven sail series including the following hydric soil: Suckercreek fine sandy loam. All other soils are indicative of upland. The National Wetlands inventory (NWI) depicts one wetland within the project area (north of the existing carp dam). The DNR Public Waters and Wetlands Inventory for Hennepin County illustrates that DNR Watercourse Riley Creek traverses the project area from the northern portion of the site to the southeast where it flows beneath Spring Road. MFRA delineated and flagged two wetlands, Wetlands 1 and 2 (Delineated Wetland Boundaries Map) on October 14, 2011. The wetlands were delineated using the Level 2 routine determination method set forth in the COE of Engineers Wetlands Dellneatfon Manual. Common names for vegetation identified in this report generally correspond with the nomenclature used in the National List of Plant Species that Occur In Wetlands., North Central(Region 3) and/or Vosculpr Plants of Minnesota. Wetland boundaries 5 January 2012 1 Toll Brothers,inc. Wetland Permit Application for Hennepin Village—Site B were marked using pink "wetland delineation" pin flags, and located Using a Trimble GeoXH GPS unit, which provides sub-meter horizontal accuracy. Two stormwater ponds exist in the northeast corner of the project boundary. These ponds were created in an upland area as part of the Prospect Road Extension Project, and thus do not qualify as jurisdictional wetlands. The stormwater ponds were constructed under previously approved watershed permit#2003-25 dated July 9, 2003. Wetland Boundaries were reviewed by the LGU representative, Barr Engineering (Barr), on October 25, 2011. The Minnesota WCA Application—Notice of Decision is included as Appendix A. Barr agreed that the boundaries of Wetlands 1 and 2 were accurately delineated in the field. The remainder of the site was reviewed for potential hillside seeps and/or additional wetlands; however, no evidence of these features was observed. Wetland Descriptions The site includes two R2UBE riverine wetlands, which are both identified by the City of Eden Prairie as Water Body ID No. 29-14-A.The wetlands also encompass Riley Creek, its floodplain, and seeps that flaw into the creek. Wetland characteristics are summarized in the Wetland Delineation Report (dated December 14, 2011),which is attached as Appendix B. REGULATORY FRAMEWORK Wetlands within the Hennepin Village—Site B project area are regulated under: a The Minnesota Wetland Conservation Act of 1991, as amended (WCA), administered in this area by the City of Eden Prairie, a Section 404 of the Federal Clean Water Act (CWA), administered by the U.S. Army COE of Engineers (COE), • The Minnesota Public Waters Act, which applies only to the area within the Ordinary High Water Level (OHWL) of Riley Creek and is administered by the Minnesota Department of Natural Resources. Minnesota Wetland Conservation Act, as amended Under the WCA, submittal and approval of a wetland replacement plan application is required for the 13,795 square feet (0.317 acre) of proposed WCA-jurisdictional wetland impacts. This amount of wetland impact exceeds the 100 square-foot de minitnis exemption fortype. 3, 4, 5 and 8 wetlands outside of the building setback zone (as defined in the local shoreland management ordinance), but within the shoreland wetland protection zone in an area with less than 50 percent of pre-settlement 5]anuaiy 2012 2 Tall Brothers, Inc. Wetland Permit Application For Hennepin Village--Site B wetlands remaining. The proposed wetland impacts require full sequencing under the WCA, and therefore this Wetland Permit Application addresses wetland avoidance, impact minimization, rectification, and replacement. Section 404 of the Federal Clean Water.Act Riley Creels flows south from Lake Riley to Grass Lake where it eventually empties into the Minnesota River, a Navigable Water of the United States. Proposed wetland impacts are associated with Riley Creels and thus are considered "waters of the United States," and therefore under the COE regulatory jurisdiction. The proposed project entails less than 2.0 acres of jurisdictional wetland fill and excavation and is therefore eligible for authorization under the Department of the Army Regional General Permit (RGP-03-MN). The COE issued a RGP-03-MN permit for the previous wetland permit application that was submitted in October 2007. The COE project number for the permit of the previous application is 2.007-06744-JJY. COE Project Manager at the time of the COE permit was Joe Yanta. Mr. Yanta provided a letter to the previous applicant/current landowner dated June 22, 2011, which re-confirming the general permit authorization for the work. The letter also states that the time limit for completing the work described in the letter ends 2 years from the date of the letter, or on June 22, 2013. The June 22, 2011 letter is Included as Appendix C. Minnesota Public Waters Act and DNR Public Waters Work hermits The Minnesota DNR requires a work permit for alteration of the course, current, or cross section below the OHWL of DNR public waters, wetlands and watercourses. The OHWL of Riley Creek is defined as the top of the bank of the channel. The required Public Waters work permit will be processed by the DNR. City of Eden Prairie Ordinance No. 6-2003—Standards for the Protection of Wetlands Wetlands within the City of Eden Prairie are protected against draining or filling (wholly or partially) unless replaced by restoring,or creating replacement wetlands. This ordinance generally follows the same standards set forth by the WCA and is supported by the City of Eden Prairie Comprehensive Wetland Protection and Management Plan (CWPMP). Standards for Wetland Replacement include the use of Best Management Practices, erosion control measures, and the establishment of upland buffers. The City of Eden Prairie requires a 60-foot wetland buffer strip around the perimeter of the Riley Creels wetlands. The City of Eden Prairie also requires a 15-to 25-foot structural setback from the edge of the wetland buffer strip, depending on the quality of the wetland. 5 January 2012 1 Tall Brothers,Inc. Wetland Permit Application for Hennepin Village-Site a SEQUENCING The Applicant recognizes that WCA and COE rules require sequencing for wetland avoidance, impact minimization, impact reduction and elimination over time, and replacement. This development has been designed to avoid wetland fill to the extent practicable given the physical constraints of the property, including the proximity and Location of Riley Creek,tree preservation and steep slopes in the eastern and southern portion of the property. Alternatives Considered Consideration was given to multiple design alternatives before the project proposer settled on the Proposed Site Plan. The following are among the alternatives considered; • No Build Alternative • Wetland Avoidance Alternative ■ Alternative Routes ■ Alternate Site Plan • Proposed Site Plan No Build Alternative The No Build Alternative would completely avoid wetlands on the property. However, the No Build Alternative is not considered practicable because the property is located within the City of Eden Prairie where less than three percent of the total housing units are vacant according to the 2000 U.S. Census. As shown on the City's Land Use Plan Map, the site is guided for Low and Medium Density Residential and Office Space and would eventually be developed if this project were not proposed at this time. The No Build Alternative would neither fulfill the purpose of the project nor satisfy the requirements of the growing City of Eden Prairie. Wetland Avoidance Alternative A Wetland Avoidance Alternative involving construction of similar residential development designed to totally avoid wetlands was considered and deemed infeasible. Riley Creels flows through the center of the property from north to south, dividing it into two sections. This poses a significant obstacle to developingthe property, and meeting the expectations of the City of Eden Prairie Transportation Plan, which specifies an east- west connection between Eden Prairie Road and Spring Road. Prospect Road has been developed to the east edge of the Oak Creek parcel, with plans for extension to Eden Prairie Road to the west. This connection is necessary to provide two points of ingress 5 January 2012 4 Toll Brothers, Inc. Wetland permit Application for Hennepin Village—Site B and egress from the project once Eden Prairie Road is abandoned to the south. Eden Prairie Road is proposed for abandonment because of five major deficiencies affecting safe operation as discussed later in this report. Therefore, ingress and egress from the Hennepin Village—Site R development will be provided coley from Eden Prairie Road (north) and the proposed Prospect Road connection across Riley Creek. Without the Prospect Road connection, the development would not likely be approved by the City of Eden Prairie due to inadequate access and safety concerns. Alternative Routes The City of Eden Prairie has been considering closing or rerouting the intersection of Eden Prairie Road and Flying Cloud Drive, which prompted the need to evaluate various alternatives to the roadway network. The southbound Eden Prairie Road approach to its intersection with Flying Cloud Drive is steep and winds dawn the bluff to the Minnesota River. The roadway is curved and sloped, and is difficult to maintain in the winter. It has also been the location of several accidents. The City has evaluated options for upgrading Eden Prairie Road within its current alignment to improve public safety. There are five major deficiencies affecting safe operation of the south end of Eden Prairie Road,which include; (1) sight distance limitations through curves, (2) curve design speed, (3) grades in excess of 14 percent, (4) width in less than 25 feet (should be 32 feet wide to handle the traffic projected for this area), (5) approach grade is greater than I percent at the intersection with Flying Cloud Drive (TH 212). These combined deficiencies combined make maintaining this segment an unacceptable connection of a neighborhood with a high volume and high speed segment of highway. As traffic is added through build-out conditions planned for in the City's Comprehensive Plan, these deficiencies will be more likely to cause future traffic safety issues, and thus upgrading the road in place is not an appropriate solution as a roadway improvement alternative. Six roadway alternatives were evaluated in an Environmental Assessment Worksheet (April 2007) to provide traffic flow and adequate emergency access to the region. One of the alternatives evaluated is the proposed plan for the Prospect Road extension located within the Hennepin Village project area. The following table describes the various alternatives that were evaluated in the EAW,the lengths of the alternate roadway, and the impact area for each option. After the thorough evaluation of all six options,the extension of Prospect Road across Riley Creek was selected as the preferred alternative for both environmental and safety-related reasons. 5 January 2012 5 Toll Brother, Inc. Wetland Permit Application for Hennepin Village-Site B Table 1. Alternative Routes Evaluated in EAW Alternative [description Alternate Roadway Impact Area* No. Length (acres) (feet) 1 Extend and connect 4,650 4.35 Turnbull to Beverly Drive 2 Extend and confect 4,270 8.46 - Turnbull to a new street south of and paralleling Beverly Drive 3 Realign Eden Prairie 1,900 6.74� - Road to a new intersection on Spring Road 400 feet north of Flying Cloud Drive r� Realign Eden Prairie 1,910 6.15 Road to a new intersection on Spring Road 100 feet north of Flying Cloud Drive 5 Realign Eden Prairie 1,630 6,03 Road to a new intersection on Flying Cloud Drive 230 feet west of existing intersection _ 6 - — Extend Prospect Road 1,385 2.16 west of Eden Prairie Road *impact area is the area within the estimated construction limits,including roadway bed and adjacent grading. Alternate Site Plan An additional alternative was assessed which would utilize an existing crossing over Riley Creels, just north of the proposed crossing location. This crossing was created by the Minnesota Department of Natural Resources during the 1960s as a rough-fish control structure. The DIVR currently has an easement over the crossing area. Utilizing this crossing location would likely reduce wetland impacts; however, this option was considered infeasible because of serious roadway geometry limitations, existing clubhouse issues, and the presence of a sensitive plant species. The eastern stub of Prospect Road is already constructed and fixed in its position. In order to align the new road with the existing Grossing and stub, the new road would have to make a sharp 5 January 2012 6 Toll Brothers,Inc. Wetland hermit Application ror Hennepin Village—Site B curve north and then another sharp curve south, creating a dangerous S-curve that would not meet City of Eden Prairie roadway geometry requirements. The proposed centerline of Prospect Road was aligned to utilize topographically lower portions of the property. Using the existing crossing would force the road over a very steep knoll, which would not likely meet City grade constraints for roads. The city also has a strong desire to preserve the old Cedar Hills Golf Course Clubhouse located in the northwest portion of the project. Avoiding this clubhouse would be much more difficult, if not impossible, if the existing crossing were used. In addition, kitten tails (Besseya buiiii), a state-listed threatened species, was located southwest of the existing clubhouse by the DNR. Utilizing the existing crossing would require that these plants be relocated. Because of the reasons discussed above,this alternative was not considered a viable option for reducing wetland fill. Proposed Site Plan The Proposed Site Plan entails 13,795 square feet (0.317 acre) of wetland impact, and represents the best and preferred alternative for meeting the objectives of the City and the Applicant while avoiding wetlands to the extent practicable (Appendix D). Total wetland avoidance is not practicable given the linear nature of Riley Creek, the City's transportation plan stipulating a Prospect Road connection between Eden Prairie Road and Spring Road,the proposed abandonment of Eden Prairie Road to the south, and the need for a safe and practical transportation plan that allows for adequate ingress and egress from the proposed development. Approximately 13,795 square feet (0.317 acre) of wetland impact will be required for the crossing of Riley Creels. The proposed road crossing is necessary to provide an east/west connector between Spring Road and Eden Prairie Road and to link the Hennepin Tillage—Site B development with previous phases of the Hennepin Village development. Complete avoidance of this watercourse would necessitate the elimination of the road crossing, which is not practical due to the City's desire for the crossing and the need to provide two points of ingress and egress previously discussed. Riley Creels will remain hydrologically connected to Riley Lake and Grass Lake with the installation of a 10 by 9-foot box culvert. Wetland impacts will be replaced at a 2:1 ratio with approximately 29,700 square feet (0.68-acre) of wetland credits purchased from a BWSR and COP-approved off-site wetland bank. All of the proposed wetland impacts are associated with roadway construction. The purchase of previously constructed wetland replacement credits, in-advance of the proposed wetland fill,will offset anticipated wetland impacts. The Proposed Site Plan is the preferred alternative because it: (1) proposes a transportation network that provides safe access throughout the site for emergency vehicles and contiguous access to Hennepin Village to the east, (2) avoids impacts to the remainder of Riley Creek, (3) satisfies the long-term planning goals and objectives of the 5 January 2012 7 Toll Brothers, Inc. Wetland permit Application for Hennepin Village-Site B Withdrawal of Wetland Credits from a Minnesota Wetland Bank form. Also included in this application is a letter agreement between the current landowner and current applicant that transfers the previously purchased wetland credits to the current applicant (Appendix F). 5 January 2012 10 Tall Brothers, Inc, CITY COUNCIL AGENDA DATE: SECTION CACTI June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: I.C. 01-555 ITEM NO.: 19. Rod Rue Approve Professional Services Public Works /Engineering Agreement with CNA Consulting Engineers for tunnel services Rifth Move to: Approve the Professional Servi ces Agreement with CNA Consulting Engineers for tunnel design and construction observation services associated with the Uneward Ills Road culvert replac ement prokct in the amount of Sp This agreement will supplement the bineward Ills Road culvert design already completed by lflPOhc.by providing specialty design, specifications, and construction observation services. These services are needed due to the proposed pipe replacement occurring under the Met Council Environmental Service§ MCES)sanitary sewer interceptor pipe located adkcent to bineward Ills Road. Bl#fn The City of Eden Prairie is proposing to replace an emoting culvert that crosses under btneward HIs Road as well as Met Council Environmen tal Service§ VICES)metro sanitary sewer interceptor pipe. This prokct necessitates spec ialized soil and construction techniges to tunnel under the active interceptor pipe to insure its reliability during and after construction of the culvert replacement. I is anticipated that constr uction could occur late this year or early nek year. Ain 0 Professional Services Agreement Rev. 3-29-12 Standard-Agreement-for-Professional-Services -- -- - - - This Agreement is made on the I day of TuKt- , 20_12— , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and CAM 6ShcNN CP41694a Minnesota C.tWKQ4hV (hereinafter 6.0 NJ "Consultant") whose business address is AVe.SE, Dls 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 d-G5`t R Gl DF 4L ±LAMe,( 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" ( q 6 464A ) 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 (ONZ01-2- through V1 W13 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 $ 17/0.DD 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. 1 Rev. 3-29-12 Consultant will_be entitled to-payment for its-reasonable additional--charges,-if any, due --- --- to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards, The City shall furnish the Consultant with a copy of any standard 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 313, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 3-29-12 6. _ Project-Manager-and_Staffing._The-Consultant-has-designated &Zft� N�+'J " - and-- to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. 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 parry. 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__againstall_lo_sses 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_with-Employment-Exclusion--(if_any)__deleted.___ d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. 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 .___copy--of--the Consultant's--Certificate---of Ansurance--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 __ 22.__ Dispute Resolution/lIflediation.--Each-dispute,-claim-or controversy-arising-from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 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 By: A)O.K444 Its: F fD 8 E��G4 bi�- 4 , `!Z C IN NSULTING NGINEE s Consulting Civil Engineers _- 2800 University-Ave SE,-Ste.-102,-Minneapolis-MN 55414 - --- (612)379-8805 fax(612)379-8160 Brent.nelson@cna.engineers.com Mr. Rod Rue May 9, 2012 City of Eden Prairie 8080 Mitchell Rd Eden Prairie MN 55344-4485 RE: Proposal for Project Dear Mr. Rue: CNA is pleased to offer the following proposal to design one tunnel at Homeward Hills Road in Eden Prairie, Minnesota. 1. One meeting in your office to discuss the project and one meeting at MCES. 2. One tunnel site visit. 3. Layout tunnel geotechnical borings, field log two borings, prepare tunnel geotechnical baseline report. 4. Design for one tunnel. 5. Design support for existing MCES tunnel. 6. Prepare plan sheets for tunnel details, support and instrumentation. 7. Prepare specifications for tunneling, tunnel grouting, tunnel pits and instrumentation. 8. Prepare tunnel cost estimate for budgeting. 9. Internal QA/QC review. 10. Bid phase support. 11. Construction phase support—submittal review and answer RFI's. 12. Construction observation, 4 hours/day for 3 weeks. City or Prime Consultant will provide the following: • Tunnel plan and profile drawings. • Hydraulic design. • Design of tunnel inlet, outlet and abandonment of old pipe. • Pay for 2 more geotechnical borings. • Remainder of plans and specifications for project. See attached spreadsheet for engineering costs. This work would be charged hourly at a cost not to exceed $38,710. Sincerely, e4" Brent K. Nelson, P.E. Attachments I All Affirmative Action,Equal Opportunity Employer Consulting Civil Engineers 2800 University Ave SE Minneapolis MN 55414 (612)379-8805 fax(612)379-8160 Project Name MCES -Eden Prairie Project Number Date of Estimate 5/9/2012 Project Scope Tunnel -Design and Construction Observation Project Work Task Principal Engineer Engineer Technician Total Project administration 8 8 Quality Assurance/Quality Control 6 6 One site meeting 5 5 10 Geotechnical- Log 2 bore holes, Baseline Report 2 10 32 44 Technical Specifications 2 12 40 54 Tunnel Detail Plans 2 10 28 32 72 Design support for MCES tunnel 2 8 20 10 40 One meeting at Eden Prairie and one meeting at MCES 8 8 Engineering Estimate 2 4 6 Bld Phase Support 1 2 4 7 Construction Submittal Review, RFI's 2 7 20 29 Construction observation -4 hr/day for 3 weeks 1 12 48 1 1 60 Total hours 17 84 201 42 344 Hourly rate $200.00 $180.00 $90.00 $50.00 Labor Cost $3,400,00 $15,120.00 $18,090.00 $2,100,00 $38,710.00 III 1' ' IIII SACNA\Proposals\Eden Prairie Tunnel 2012\Eden Prairie Tunnel 2012 N CITY COUNCIL AGENDA DATE: SECTION: CACTI June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: 41-5791 ITEM NO.: hI Randy Newton Adopt Resolution Approving Public Works /Engineering Construction Cooperative Agreement for the Flying Cloud Drive Sanitary and Storm Sewer Replacement Prokcts Rifth Move to: Adopt resolution approving Cons truction Cooperative Agreement No.PW Ep 2vith L-hnepin County for the Flying Cloud Drive Sanitary and Storm Sewer Replacement Prokcts. Sp This Construction Cooperative Agreement defines the construction management, maintenance and financial responsibilities associated with the Flying Cloud Drive Sanitary and Storm Sewer Replacement Prokcts. Bl#fn The Construction Cooperative Agreement details the responsibilities of the City of Eden Prairie and L-hnepin County in implementing and maintaining the Flying Cloud Drive Sanitary and Storm Sewer Replacement Prokcts. h regards to maintenance responsibilities, the Agreement is consistent with other similar agreements that have been previously approved with L-hnepin County. The sanitary sewer under Flying Cloud Drive between Technology Drive and Eden Road is failing and is need of the replacement. Staff has been monitoring the condition of the pipe and it has been gradually worsening over the past several years. The pr okct is being coordinated with MnDU and L-Imepin County§ storm sewer replacement prokct which is also failing and is immediately adkcent to the sanitary sewer. The prokcts are being coordinated to minimize impacts and disruptions to adkcent businesses an d the traveling public. Construction of the prokcts are scheduled to occur in late July and August of this year. Ain • Resolution • Construction Cooperative Agreement No.PW W CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- APPROVE CONSTRUCTION COOPERATIVE AGREEMENT FOR THE FLYING CLOUD DRIVE SANITARY AND STORM SEWER REPLACEMENT PROJECTS I.C. 11-5791 WHEREAS, the City of Eden Prairie has prepared construction plans for the replacement of the sanitary sewer line across Flying Cloud Drive between Technology Drive and Eden Road;and WHEREAS, the Minnesota Department of Transportation has prepared construction plans for the replacement of the storm sewer line across Flying Cloud Drive between Technology Drive and Eden Road;and WHEREAS, L-hnepin County has agreed to administer the pint construction of the sanitary and storm sewer replacements propcts;and WHEREAS, a Construction Cooperative Agreement has been prepared by L-Imepin County which identifies the construction management, maintenance and financial obligations for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Construction Cooperative Agreement No.PW Wis hereby approved and the Mayor and City Manager are authorized to etcute the Agre ement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on June ED Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Agreement No.PW 08-49-12 County Project No. 1039 County State Aid Highway No. 61 City of Eden Prairie County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT,Made and entered into this day of 2012 by and between the County of Hennepin,a body politic and corporate under the laws of.the State of Minnesota,hereinafter referred to as the "County",and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the"City". WTTNESSETH: WHEREAS,the County and the City have been negotiating to bring about improvements to that portion of County State Aid Highway No. (CSAH) 61 (Flying Cloud Drive—Old Trunk Highway 212), as shown on the plans for County Project Number 1039 (City Project Number 11-5791, State Aid Project Number 27-661-047)and hereinafter referred to as the"Project",which improvement contemplates and includes the installation a storm sewer culvert and sanitary sewer pipe crossing CSAH 61 south of Interstate 494; and WHEREAS,the above described Project lies within the corporate limits of the City;and WHEREAS,the County Engineer has prepared an Engineer's Estimate of quantities and unit prices for the above described Project in the sum of Three Hundred Sixteen Thousand Four Hundred Thirty One Dollars and Two Cents($316,431.02). A copy of said estimate,marked Exhibit"A", is attached hereto and by this reference made a part hereof; and WHEREAS,the City has indicated its willingness to participate in the construction, engineering and maintenance costs of the Project as detailed herein;and WHEREAS,the construction costs for the Project shall be comprised of County State Turnback funds and municipal funds; and WHEREAS,included in the plans for the Project is sanitary sewer improvements designed and prepared by the City or its agents,and storm sewer improvements designed and prepared by the Minnesota Department of Transportation; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 2005, Section 162.17, Subdivision 1 and Section 471.59. Agreement No.PW 08-49-12 CSAH 61,C.P. 1039 NOW THEREFORE,IT IS HEREBY AGREED: I F The County will advertise for bids for the work and construction of the Project,receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law. The contract will include the plans and specifications prepared by the Minnesota Department of Transportation(MnDOT),the County and the City, which said plans and specifications are referenced and identified as County Project Number 1039. All design work performed by the City or its agents that is to be incorporated into the bidding documents for the Project shall be prepared and certified by a Professional Engineer licensed in the State of Minnesota. All designs,which affect County facilities, shall conform to MnDOT Design Standards applicable to County State Aid Highways. All plans and specifications shall be made available to the County in a timely manner for periodic review as requested by the County. All plans and specifications must meet the approval of the County Engineer or a designated representative prior to being incorporated into the County's plans for the Project. The City shall deliver to the County all original,reproducible, certified final plan sheets and specifications to be incorporated into the County's bidding documents. Reproducible final plan sheets shall be permanent drawings on reproducible 11 inch by 17 inch sheets. The drafting on the plan sheets shall be of such size and quality as will permit the making of readable, first class prints including clear reproduction of grid lines, symbols and legends. No adhesive backed material shall remain on any final plan sheet. Bar scales shall be used throughout the plan as necessary. i The City shall retain ownership of all original plans and specifications prepared by it or its agents. Upon completion by the County of all reproductions deemed necessary for bidding and construction purposes said original plans and specifications shall be returned to the City. II The County shall be responsible for administration of the construction contract and inspection of the construction contract work for the Project. The City Engineer or designated representative shall be responsible for the field inspection of the sanitary sewer pipes,manholes, and related components. The City Engineer or designated representative shall have the right, as the work progresses,to enter upon the job site to make any inspections deemed necessary and shall cooperate with the County Engineer and staff at their request to the extent necessary. -2- �1� Agreement No.PW 08-49-12 CSAH 61, C.P. 1039 It is understood and agreed that the City shall be responsible for reviewing and approving shop drawings and related contractor submittals for the sanitary sewer included in the Project..It is understood and agreed that the City shall respond within seven(7)calendar days to any and all requests by the County for review and approval related to the installation and construction of the sanitary sewer improvements incorporated into the Project including but not limited to review and approval of shop drawings and construction contractor submittals. The City agrees that the County may make changes in the plans or in the character of said contract construction which is reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the City that the County may enter into any change orders or supplemental agreements with the.County's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the City cost participation estimated herein. The City shall have the right to review any proposed changes to the plans and specifications as they relate to the City cost participation prior to the work being performed. The City Engineer or designated representatives shall have the right to approve any change orders or supplemental agreements prepared by the County that affect the City share of the construction cost. The City shall respond to said County's request for approval within seven(7) calendar days. The City further agrees that it will participate in the settlement of any claims from the County's construction contractor that involve delays attributable to delays in approval by the City for plan or specification changes deemed necessary by the County Engineer or staff, or to delays related to the aforereferenced City's construction oversight responsibilities for the installation and construction of the sanitary sewer improvements included in the Project. The amount of City participation in any such claims shall be commensurate with the percentage of delay directly attributable to the City's actions. in It is understood and agreed by the parties hereto that the City shall reimburse the County the construction costs associated with the sanitary sewer designed by the City and included in the Project. The City shall participate in the costs of the contracted construction work for the Project as set forth in said Exhibit "A". As shown in Exhibit"A"the City's share in the contract construction costs is. estimated to be $86,540.95. It is understood that the estimated amount on Page 1 of this Agreement and as shown in Exhibit "A" is an estimate of the costs for the contracted construction work on the Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Engineer's designated representatives shall govern in computing the total final contract construction cost for apportioning the cost of the Project according to the provisions herein. It is further understood and agreed that the final quantities as measured by the County Engineer's designated representatives for contract pay items in which the City are'participating shall be subject to the review - 3 - �� Agreement No. PW 08-49-12 CSAH 61, C.P. 1039 and approval by the City Engineer. The respective proportionate shares of the pro-rats pay items included in Exhibit "A" shall remain unchanged throughout the life of this Agreement. IV In addition to the aforesaid City's proportionate share of the contracted construction costs for the Project,the City agrees to pay to the County five(5)percent of the City's share of the contracted construction costs as its share of the construction engineering costs for the Project. The amount of the City's share in the construction engineering costs is estimated to be$4,327.05. It is understood and agreed that the above mentioned City's proportionate share of the engineering costs is an estimate and that the actual City's proportionate share of the engineering costs will be computed using the total final amount of the City's share of the contract construction costs for the Project. V After an award by the County to the successful bidder on the Project,the County shall invoice the City for ninety five(95)percent of the estimated City share of the contract construction and engineering costs for the Project. Payment shall be made to the County by the City for the full amount due as stated on the invoice within forty five(45)days of the invoice date. Said estimated share and invoice shall be based on actual contract unit prices applied to the estimated quantities shown in the plans, and shall be subject to the limitation set forth herein. The remainder of City share in the engineering and contract construction costs will be due the County upon the completion of the Project and submittal of the County Engineer's final estimate for the Project to the City. Upon final payment to the Contractor by the County,any amount remaining as a balance in the deposit account will be returned to the City on a proportionate basis based on the City initial deposit amount and respective final proportionate shares of the Project costs. Likewise, any amount due the County from the City upon final payment by the County shall be paid by the City as their final payment for the construction and engineering costs of the Project within forty five (45) days of receipt of an invoice from the County. VI . The City or its agents shall acquire all additional easements required for the construction of the Proj ect. It is understood and agreed that the City shall grant easements to the County over those lands that are owned by the City and are part of the required right of way and/or easements needed to construct the Project. Said easements shall be granted at no cost to the County. -4- �l� Agreement No.PW 08-49-12 CSAH 61,C.P. 1039 VH The proportionate shares of the various costs associated with the Project have been identified and set forth in Articles III and IV of this Agreement. The total estimated amount that the City is to pay the County as a result of this Agreement is $90,868.00. It is understood and agreed that said payment amounts are estimates and that the actual payment amounts shall be based on actual costs and contract unit prices,as specified elsewhere throughout this Agreement. All payments to the County must be postmarked by the date due or a late penalty of one(1) percent per month,or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the statement,notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City,the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (1%)percent per month on the disputed amount. VM All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. IX It is understood and agreed that upon completion of any and all improvements proposed herein, all sanitary sewer systems components included in said improvement shall be the property of the City and all maintenance,restoration,repair,replacement or other work or services required thereafter shall be performed by the City at no expense to the County. All questions of maintenance responsibilities that may arise shall be jointly resolved by the City's Director of Public Works and the County's Road and Bridge Operations Division Engineer. X The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees,from any liabilities, claims, causes of action,judgments,damages, losses, costs or expenses,including,reasonable attorneys' fees,resulting directly or indirectly from any act or omission of the City,its contractors,.anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership,maintenance, existence, restoration,repair or replacement of the afore defined City owned improvements constructed as part of said Project. The City's liability shall be governed by the provisions of Minnesota Statutes,Chapter 466 or other applicable law. - 5 - IIE Agreement No.PW 08-49-12 CSAH 61, C.P. 1039 i The County agrees to defend, indemnify,and hold harmless the City,its officials, officers, agents,volunteers, and employees from any liability, claims; causes of action,judgments, damages, losses,costs, or expenses, including reasonable attorneys' fees,resulting directly or indirectly from any act or omission of the County, its contractors,anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the construction of the Project, or related to the ownership,maintenance, existence,restoration,repair or replacement of County owned improvements constructed as part of said Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. Nothing in this Agreement constitutes a waiver by the City and County of any statutory or common law defenses, immunities, or limits on liability. The obligation of the City and County under this section cannot exceed the amount that each would be obligated to pay under the provisions and limitations of Minn. Stat. Chap. 466 without this indemnification language.Under no circumstances will one party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. XI Each party agrees that it will be responsible for its own acts and the results thereof,to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XU It is agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers'Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City,and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers'Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a 6 � Agreement No.PW 08-49-12 CSAH 61, C.P. 1039 consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. xin In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement,the County Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County and so as to accomplish the purposes of this Agreement,the City Engineer or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. X[V It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations,variations,modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XV I The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. XVI The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) - 7- �� Agreement No. PW 08-49-12 CSAH 61, C.P. 1039 IN TESTIMONY WHEREOF,the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: Assistant/Deputy/County Administrator B R G Date: s ' t County Attorney Date. Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director,Transportation Department and County Engineer Date: Date: - 8 - m O HENNEPIN COUNTY PROJECT N0.1039 LASE REV DATE 61702012 CSA1461{Plying Colud CAW E"MATEDQUANTMES - NOTES ITEM NO. ITEM DEsGRIPTION UNIT TOT ENNEP N COUNTY E: PRA1 E UTILITY ITCOST TOTAL COST HE14NEPIN EDEN PRAIRIE TEl FINAL EST. FINAL E9F. FINAL COST C45T 1 2621.501 O6IUZATION UMPSUM 1 0.7 0.3 25,001013 25x00.00 17500.00 7500.00 i 2051.501 MNNT&RESTORATION OF HAUL ROADS LUMP SUM 0.7 0.3 500.00 Bang. 350.00 160.00 2101.002 CLEARING TREE 14 12 2 300.00 42D0.00 9600.00 800.00 2101.507 GRUSBINfl TREE 14 12 2 $00.00 4200.00 3600.00 BDD.OD 21G4.501 R OVESEWERPIPE STO M UNFT SB SB 7.05 394.80 394.80 2104.901 REMOVE CURB AND GUTTER UN FT 104 104 3.60 374.40 374.40 204.501 REMOVE SEWER PIPE 5ANITAR UN FT 70 70 15.00 1060.00 1050,00 219.501 REMOVE BITUMINOUS PAVEMENT SO YD a5 35 8.00 29DA0 280.00 2104503 REMOVE CONCRETE WALK I 127 127 1.50 190.5D 190.60 21Q4.503 REMOVE BITUMINOUS PAVEMENT 4525 1528 293E 1.95 6819.55 096.09 5723,25 2104.509 REMOVE PIEZOMETER 1 fi95.00 696.00 695.0D 21G4.500 REMOVE METAL APRON 1 1 151.00 151.00 151.00 2104.008 REMOVECASTING 1 1 110,00 110.00 f10.0o 2104.509 REMOVE DRAINAGE 67RUCTU 1 1 310.GG 310.00 310.00 2104.513 SAWING BIT PAVEMENT FULL DEPTH 3fi8 36B 230 846.40 1145.40 210EMI COMMON EXCAVATION P 148 140 4.65 099.40 599.40 2105.521 GRANULAR BORROW CV P 21f3 203 10.65 3 013.95 3 G13.95 2105.525 TOPSOIL SORROW LV T51 111 50 19.40 2962.40 204240 920.00 205.00 SU3501LIKO C C217 0.217 32D.00 Ga." S944 2211.603 AGGREGATE BASE CV CLASS 5 DU YO Ila 76 40 10.45 1,21120 794.20 418,00 2360.501 TYPE SP 125 WEARING COURSE MIK 3 B TON � 201 126 75 47.06 9447.00 592290 3525A 2451.509 AGGREGATE BEDDING CV CUYD 146 146 24.8) 577.00 3M.00 245 209 PEPE BEDDING MATERIAL TON 9fi 38 25.00 100B.00 - 1008,00 2501011 1S"RC PI EC LVERT CLASSV LIN 21 21 43,60 B736O 913.00 2501.511 2' PIPE CULVERT CLASS LINFT 20 223 2.Go 9305,00 9368.00 2501.616 Ir RCPIPEAPRON EAC 1 1 610.00 610A0 B16A6 2501516 24"RCPIPEAFRON EACH 1 1 '9in.00 910.00 910.00 2EM001 IRRIGATION SYSTEM REPAIR EACH 1 1 3,000,00 3.000.09 l0io.o. 250a.8D1 TEMPO RYSANIFARY BYP BBLUMP SUM 1 1 3 000,00 a 0011.002503.511 2VCPPIPESEWER I FT 1 1 980.00 9ECOD 084.09 2503.001 CONSTRUCTWININDEO OP LIN FT 5.9 0.9 200.09 17BD.OD2805,602 CONNECT TO EXISTING STORM SEWER EACH a 9 548.00 1 544.00 1944,0 3EM.602 CONNEC FD 1871NG MANHOLE$SAN EACH 1 1 750.00 50.0O 2509.602 PWG&AEAN00N PiP6 SEWER 1 1 4000.00 4000.00 250a.Bg3 P1UG FILL&ABANDON PIPE SEWER LIN FT 279 279 8.85 469.15 2 469.15 2SO1603 4°PVC CLEANOUT EACH f 1 26450 250A0 - 264 0 2MGDa 4"XW PVO WE EACH 1 1 230.00 25D.00 - 25D.00 2EM.603 36" CASING PIPE JACKED LIN FT 124 124 500.00 62000AD OGO.OD !i 250&603 2CHDPE PIPE SEWER UNFT 124 124 100.00 12400.00 1240MOD ! 2503.003 E'DIP PIPE SEWER LIN Fi 20 20 160.00 3000.00 30OO:Otl 2503.603 8"DIP FITTINGS POUND 164 - Ida 7.00 1050.90 105D.00 2503.60B 1p"HOPE PIPESEWER DFRECTIONALLYDRILLE13 LIN FT 212 212 i60.O0 31000.0 a18U0.00 9 2503,803 #'PVC PIPE BEWE LIN FT fig 66 50.00 9UG.06 900.DD 2503.803 9PVC PIPE 8E44ER LIN 15 15 160.o0 050 2250.90 2603AD3 PVCFITTING9 jFr 1 250.00 250.00 25O.G0 � 2504.803 SPA NNLER SYSTEM 28.5 28.5 2.45 89.86 6883 2506,601 CONST RAINAGE STRUCTURE DESIGN AOR F 20.2 20.2 254.00 5 130.80 130AD 25GB.501 CONST DRAINAGE STRUCTURE DES 54-0020 2B 26 2B8.002506.01 CONST DRAINAGE STRUCTURE DES aD�402O 20.2 2U.2 335.002506.501 CONST DRAINAGE STRUCTURE DES OBAD20 13.7 13.7 384.00 4675.80 4fi75.90 2506.516 CASTING ASSEMBLY 7 7 661.06 3927.00 3927.0025O&M PLUG AND ABANDON ORAWAGE STRUCTURE 11796.00 9&0U 796.0025066D2 ABANDONMANHC 1 1 500.00 aw.00 SOo.00 2508.802 CONSTRUCT 4B"MPN DLE EACH 1 1 OOU.OQ 5000.90 5000.00 260B.BG3 -EXRU OEPFH-MANHOLE LIN FT 5.6 6.6 26U.00 1650.09 1660.00 2511.501 RANDOM RIPRAP CLASS III cU YD 4.52 -0.2 fiB.00 243.50 243.60 2511415 GEOTE)MLE FILTER TYPEIV BOYD 19 1 19 275 52.0 5225 2511607 CLSM LOW DENSITY - CU YO le 19 330,00 6 940.00 940A0 2S21.5131 4"CONCRETE WALK $0 FT 127 127 :IA4aB.15 4a&15 2521.516 SAWING CONCRETE WALK LIN FT 12 E40 9.02 38.24 3624 2531.501 CONCRETE CURB&GUTTER DESIGN 6812 OUYO 40 44.00 1760.00 f780.00 2S31.501 CONCRETE CURB&GUTTER DESIGN B6224 CUYO 64 1SO0 9SILGO 9B0A0 2566.607 PCRTAELE PRECAST CON BARRIBR DES B337 LIN FT Sao 1270 69afi.0o 9B6A925 .509 GUfOE POST TYPES EACH 2 61.00 152Ao 16200 2554.615 tMPACTATTENUATCR ASSEMBLY 2 11260.U0 2250&00 50D.00 2553.BTi1 FICCONTRCL LUMPSUM 1 0.a 10000.00 19000.00 7G00.00 a000.00 2593502 RAI ED PAVEMENT MARKING TEMPORARY EACH 00 1. 90A0 90.002583.502 M DIAN BARRIER DELINEATOR EACH 20 &00 1U0.00 1On.0026fi3.813 PORTABLE CHANGEABLE MESSAGE SIGN UDAY 5 115.00 675.00 fi7.00 - 2571501 CONTPEROUS TREE 8'HT B&B TREE 4 4 950.00 2200.0 2 GU.00 2571.503 DECIDUOUS TREE IT CONT TREE 3 3 390.00 9DO.DD 900.00 2571.503 ORNAMENTAL TREESHU B88 TREE 3 3 550.00 i's.5n.00 1650.00 2MS01 TEMPORARY FENCE LIN FT 142 142 200 2400 2B4,00 2573.naz SILT FENCE TYPE HFAW DUTY LIN FT 242 242 1AD 338.90 a38.90 - 2573.502 SILT FENCE TYPE MACHIEN "CEO LIN FT T32 707 25 1A0 1024.60 989.80 35.00 257a.605 FLOTATION SILT CUR7AlN TYPE STILL WATER L#N FT Be 47� 11.30 53280 fi32.80 21F73.530 STORM DRAIN INLET PROTECTION EACH 7 2 119.00 839.00 SWAG 296.00 i 2573.640 FILTER LOGTYPE STRAW BIOROLL LIN FT 155 3.75 SB1.26 681.26 21F73.002 CULVERT PROTECTION EACH 1 158,00 158.00 153.0 2G75.101 SEEDING ACRE 0.140 0.05 90.U0 %32 6.52 4.60 � 257fi.502 SEED MIXTURE 250 POUND 3 1.86 5.55 6.55 26M.02 SEED MIXTUER 2% POUND 3,5 1.&$ 5.78 5.78 2575.SO2 SEED MIXTURE a10 POUND 5.8 4 14.80 06.04 29. 59.20 2fi7&&09 SOLLOING TYPE SALT RESISTANT BOYD 1506 2.90 2a7.40 5237A0 2576.511 MULCH MATERDALTYP 4 TON DA BODAD 90.00 90.00 i 2576.923 EROEIDN CDNTRCL BLANEKTS CATEGORY 3 8 YO 557.6 250 0.96 Sa9.72 52IL72 2579.632 FERTILIZER TYPE 3 POUND 70,11 . OA5 31.91 9T.91 257&532 PERTILMERTYPE4 POUND 26 lei I0.35 0.91 G.9i 2fi7fi.560 HYDRAULICSOILSFABIL17PA TYPE 5 POUND 28.2 25.2 0.45 11.79 11.79 259LS01 REMOVABLE PREFORMED PLASTIC MARKING LIN FT BOO 6if0 1.30 780.00 760.00 2581.5U1 REMOVABLE PREFORMED PLASTIC MASK SLACK LIN FT an 69 2.30 13B.OD 138.00 - 25B25G2 4'60LIO UNE WHITE-PAINT LIN FT 22 20 U.10 22.50 22fi0 - !, 2582502 #'SOLID LINE WHITE-EPDXY UN FT IOU 190 0.23 23.00 23.00 - $ 316 431.02 S 229 890.07 86 540.85 NOTES: T CC87 SPLIT BETWEEN CITY AND COUNTY FOR PRORATED PAY ITEMS(3M CITYrM%COU NTY) Hennepin County Agreement PW 08-49-12 Exhibit W; Street'i of 1 CITY COUNCIL AGENDA DATE: SECTION: CiA# June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: V Rick Wahlen Approve Contract with Electrical Public WorksWities hstallation &Maintenance Co.for Replacement of Well Wlectrical E i ment Rifth Move to: Approve a contract with Electrica 1 hstallation &Maintenance Co.to replace flood damaged electrical eqipment at City Well No.8in the amount of R) Sp The City of Eden Prairie filities Division obtained proposals from three competent area contractors for the electrical eqipment replacem ent portion of the repairs needed at Municipal Well No.8:)n Edenvale Road. The least-cost pr oposal was offered by Electrical hstallation and Maintenance Company F-M)Staff recommends acceptance of the proposal in the amount of QRo be paid from the wa ter utility construction fund. Bl#fn Municipal Well No.$was flooded in February when the discharge piping from the well broke apart below the floor. The damage occurred as a result of increased pressure brought about by an automatic valve closure at the water treatment plant when power was disconnected during maintenance troubleshooting. The ex act cause of this problem is being investigated through the League of Minnesota Cities. The electrical eq uipment, including switch gear, motor starters, variable freqency drive, and electronic controls were totally immersed and must be replaced to eliminate the inevitable onset of corrosion. The total cost of repairs to Well NO.8vill be provided to the League of Minnesota Cities for a possible insurance claim resolution. All costs for repairs will be paid from the water utility capital construction fund. Ain • Recommendation Letter • Proposal Tabulation t - RE2S www. me2a.com June 6, 2012 Mr. Rick Wahlen City of Eden Prairie 14100 Technology Drive Eden Prairie, MINI 55344-2230 Re: Review of Bids Electrical Replacement Well House No. 8 Eden Prairie, MN Dear Rick: Bids were received via email for the above-referenced project on Wednesday, June 6, 2012. A total of three (3) bids were received. The bids were checked for mathematical accuracy and tabulated. A tabulation of the bids is attached. The low bidder was Electrical Installation & Maintenance Co. in the amount of$70,600,00 for the total lump sum bid. The engineer's estimate was $78,000.00. We recommend that the City Council consider these bids and award a contract to Electrical Installation & Maintenance Co. based upon the lump sum bid results of the bids received, Please do not hesitate to call us at 763-463-5036 with any comments or questions you may have. Sincerely, Advanced Engineering and Environmental Services, Inc. ason Benson, P,E. Project Manager PC: Rick Wahlen, City of Eden Prairie Advanced Engineering and Envirranmental Services, Inc. 6901 East Fish Lake Road Suite 184• Water Town Plaee Business Center* Maple Grove, MN 55369-5457 j PROPOSAL TABULATION Electrical Replacement Well House No. 8 City of Eden Prairie, MN June 6, 2012 v z a -J W d r I-- ' ® F Z LL. � Z � Q r O z d LLI X 0 � d u_ 0 wa CONTRACTOR q 4 LUMP SUM - ALL WORK ENGINEER'S ESTIMATE $78,000.00 1 Hunt Electric Corporation X X X $109,650.00 2 Prairie Electric Co.Inc. X X X $71,624.00 3 Electrical Installation &Maintenance Co. X X X $70,600.00 4 5 6 7 8 9 Advanced Engineering and Environmental Services,Inc. True Tabulation of Bids Water Tower Place Business Center 6901 East Fish Lake Road Suite 184 Respectfully Submitted: Maple Grove,MN 55369 � Tel: 7E3-453-5036 Fax: 763-463-5037 Jason Benson,PE i I, i i PROPOSAL TABULATION Ar"M WNW Electrical Replacement Well House No. 8 City of Eden Prairie,MN June 6, 2012 LL d Q O w Q � a 0 X � w0 Qp J UD- 0 on �— C1Z ,,t w0LL 1 ¢ k o w °a CONTRACTOR a LUMP SUM- AL,L,WORK ENGINEER'S ESTIMATE $78,000.00 1 Hunt Electric Corporation X X X $109,650.00 2 Prairie Electric Co.Inc. X X X $71,624.00 3 Electrical Installation &Maintenance Co. X X X $70,600.00 4 5 6 7 8 9 Advanced Engineering and Environmental Services,Inc. True Tabulation of Bids Water Tower Place Business Center 6901 East Fish lake Road Suite 184 Respectfully Submitted: Maple Grove,MN 55369 Tel: 763-463=5036 Fax: 763-463-5037 Jason Benson,PE CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: V Stuart FoxParks and Natural Professional Services Agreement for Resources Manager, Round Lake Park, Phase IInprovements Parks and Recreation MIS Move to: Approve the Standard Agreement for Professional Services proposal from Brauer and Associates, LTD for the Round Lake Park, Phase IInprovements for Site nervation and Contract Administration services at a cost not to e&eed 3) Sp Jason Amberg of Brauer and Associates, LTD. has provided a Professional Services Proposal that addresses the City§regest for Site dery ation and Contract Administration related to the Round Lake Park, Phase lProkct.Their propo sal for the prokct in cludes pre construction meeting, site construction observation,progress reports, meetings with contractor and staff, shop drawing review and other work as detailed in the attached letter with a not to e&eed cost of 3) The proposal from Brauer and Associates Ltd.is in line with our estimate and staff recommends approval of this agreement. Ain Standard Agreement for Professional Services Professional Services Proposal Letter i 10417 EXCELSIOR BOULEVARD .SUITE NUMBER ONE k.. .. ." 'BRAUER & ASSOCIATES, LTD. HOPKINS, MN 55343 LAND USE PLANNING AND DESIGN TEL: 952-238-0831 FAX: 952-238-0833 June 1,2012 City of Eden Prairie i Attn:Jay Lotthammer,Director of Parks&Recreation 8080 Mitchell Road Eden Prairie,MN 55344 RE: Professional Services Proposal—Round Lake Park Phase 1 Improvements (Site Observation/Contract Administration Services) This letter proposal outlines a scope of services,fee schedule,and other elements,which, if approved,constitutes an Agreement between the City of Eden Prairie,Minnesota,herein referred to as the OWNER,and Brauer& Associates Ltd.,herein referred to as the CONSULTANT. The OWNER hereby retains the CONSULTANT to provide professional services required to complete Site Observation/Contract Administration Services for the Round Lake Park Phase 1 Site Improvements Project, located in the City of Eden Prairie,Minnesota,hereinafter referred to as the PROJECT. The project involves redevelopment of the lakefront area to include new play areas,splash pad area,seating areas with shade canopies, new plaza space at pavilion,and miscellaneous site and landscape improvements. Brauer&Associates,LTD.has included the following"Key Sub-consultants"as part of our team for this project. • DSO Architects for pavilion and building related work, o Primary contact—Dan O'Brien • WSB&Associates,Inc.for site civil utilities o Primary contact—Paul Hornby • Barr Engineering(Electrical Division)for site electrical o Primary contact-Scott Hutchins • Water-in-Motion for site irrigation system o Primary contact—Tim Malooly The CONSULTANT'S services shall include the following: A. SCOPE OF SERVICES"A"—Site Observation/Contract Administration: Working collaboratively with City staff,the Brauer team will undertake project administration and observing construction progress and adherence to design intent. I. Administration of contract,including review and processing of application for payment forms, certificate of payment forms,change order forms,substantial completion forms,final payment forms,etc. 2. Administration of pre-construction meeting,which reviews the project elements and clearly defines the owner's expectations as to the quality of construction,dealing with problems that may arise,timeliness,etc. 3. Site observation on a periodic basis for the established duration of the construction project as stated in the specifications to ensure that the design intent of the plans and specifications is being met. 4. Preparation of construction progress reports as necessary to document specific issues and areas of concern. 5. Review shop drawings,submittals,and reports from independent testing agency. 6. On-going correspondence/field meetings with staff and contractor for purposes of reviewing® construction progress and discussion of pertinent issues,concerns and upcoming construction. Page I of 4 7. Meetings to be held in Eden Prairie: a. Pre-construction meeting—Brauer,Owner,General Contractor and their subcontractors, utility companies. b. As needed periodic on-site observation of construction progress through the duration of the specified construction timeframe. This will allow the Brauer Team to: i. become generally familiar with and to keep the Owner informed about the progress and the quality of the portion of the Work completed. Note,the Brauer Team shall not be required to make exhaustive or continuous on site inspections to check the quality or quantity of the Work. ii. guard the Owner against defects and deficiencies in the Work, iii. determine in general if the Work is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents. iv. Report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. C. Formal weekly construction progress meetings with Owner and General Contractor — Brauer Team consultants as determined by contractor's progress. Meetings will average once per week. (Less frequent during periods of slow construction,more frequent during periods of rapid construction) d. Substantial completion review meeting-Brauer,Owner,General Contractor. e. Final Project Completion review meeting—Brauer,Owner, General Contractor f. Total Anticipated Site Trips/Meetings: Brauer&Associates,Ltd.has included a total of 28 site trips and/or meetings for this project based on the duration of the construction timeframe specified in the project manual and the various team members involved. In addition to the Brauer site trips/meetings,our expanded team of specialty sub- consultants have also included specific site trips/meetings as listed below,which may take place concurrently with regular formal meetings or as separate trips: i. WSB&Associates,Inc.: 8 site trips ii. Water-In-Motion: 5 site trips iii. Barr Engineering Electrical Division:2 site trips iv. DSO Architecture:7 site trips 8. Product: One complete paper and digital set of all project change orders,field orders,observation reports,and all other correspondence produced during construction. 9. Record documents: Brauer&Associates,LTD will draft the record documents for the project based on adjustments made in the field and noted on redlines provided by contractor,city inspections, and consultant team members.Autocad format files of entire plan set will be updated accordingly and provided to the Owner in digital format on compact disc. B. FEES&EXPENSES FOR PROFESSIONAL SERVICES I. FEES for services as outlined in Paragraph A above,will be billed on an hourly not-to-exceed basis. The not-to-exceed total fee proposed is Fifty Eight Thousand Five Hundred Dollars ($58,500.00). 2. Typical day to day EXPENSES for services as outlined in Paragraph A above,will be billed on a not-to-exceed basis.The not-to-exceed total expense proposed is Two Thousand Five Hundred Dollars($2,500.00)and covers the following typical day to day expenses: (other expenses, if incurred,will be billed in addition to the typical day to day expenses listed) a. Mileage b. Xerox copies C. Color or B/W printing for correspondence d. Postage and courier fees Page 2 of 4 3. For additional services requested by the Owner,fees will be billed on an hourly basis according to the following rate schedules: Brauer and Associates,Ltd's Hourly Rate Schedule Principal................................................................$110.00/Hour L.A.Professional III.............................................$82.50/Hour L.A.Professional II..............................................$71.50/Hour L.A.Professional I................................................$55.00/Hour Expenses related to additional services will be billed in addition to fees @ Cost+10%. C. PAYMENT TO THE CONSULTANT 1. Invoices will be submitted to the OWNER on a monthly basis in proportion to the work completed. 2. Payments on account of the CONSULTANT'S services are due and payable upon receipt of CONSULTANT'S invoice. D. OWNER'S RESPONSIBILITY 1. Full program coordination with one individual representing the OWNER'S interests. 2. Legal Counsel, advice, and services available to the CONSULTANT during the term of this Agreement on any or all matters related to the PROJECT such as,but not limited to,title opinions,interpretations of agreements,covenants and laws affecting the PROJECT,advice and assistance in processing applications,review and preparation of PROJECT agreement documents,participation in presentations to public agency staff and boards and general counsel on the legal implications of all substantive or procedural aspects of the PROJECT itself. 3. Coordinating all meetings with city staff/associations/public involvement in the project. 4. Providing all soils engineering/borings and engineering geotechnical testing,hazardous waste engineering, archeological services and ecological design services required for the project. 5. All fees and expenses involved in federal,state agency or local permitting,plan review,etc.for the proj ect. E. NONDISCRIMINATION 1. The CONSULTANT will not discriminate against any employee or applicant for employment because of race,color,religion,sex,national origin,physical condition or age. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race,color,religion,sex,national origin,physical condition or age. Such action shall include but not be limited to the following: Employment,upgrading,demotion or transfer,recruitment, advertising,layoff or termination,rates of pay or other forms of compensation and selection for training including apprenticeship. F. CONSULTANT'S RECORDS,DOCUMENTS AND INSURANCE 1. The CONSULTANT shall maintain time records for hourly fees,design calculations and research notes in legible form and these will be made available to the OWNER,if requested. 2. The CONSULTANT shall carry insurance to protect him from claims under Workman's Compensation Acts;from claims for damages because of bodily injury including death to his employees and the public, and from claims for property damage. 3. The CONSULTANT reserves the right to secure and maintain statutory copyright in all published books,published or unpublished drawings of a scientific or technical character,and other works related to this PROJECT in which copyright may be claimed. The OWNER shall have full rights to reproduce works under this Agreement either in whole or in part as related to this PROJECT. One copy of each drawing shall be provided in reproducible form for use by the OWNER,but the original drawings will remain the property of the CONSULTANT. Page 3 of 4 G. TERM,TERMINATION,SUCCESSORS AND ASSIGNS 1. The term of the Agreement shall be concurrent with the work authorized. 2. Termination may be accomplished by either party at any time by written notice,and shall be effective upon payment in full for all services performed to the date of receipt of such notice. 3. The OWNER and the CONSULTANT each binds itself,its partners,successors,assigns and legal representatives to the other party of this Agreement,and to the partners,successors,assigns and legal representatives of such other party with respect to all covenants of this Agreement. 4. Neither the OWNER nor the CONSULTANT shall assign,sublet or transfer his interest in this Agreement without the written consent of the other. A. EXTENT OF AGREEMENT AND APPLICABLE LAW 1. This Agreement represents the entire and integrated Agreement between the OWNER and the CONSULTANT and supersedes all prior negotiations,representations,or Agreements,whether written or oral,with respect to the PROJECT. This Agreement may be amended only by written instrument signed by both OWNER and CONSULTANT. IN WITNESS HEREOF the OWNER and the CONSULTANT have made and executed this Agreement,this day of 2012. City of Eden Prairie Brauer&Associates,LTD. 8080 Mitchell Road 10417 Excelsior Blvd. Suite One Eden Prairie,MN 55344 Hopkins,Minnesota 55343 Signature: Signa !�: t Printed Name: Jason L. Amberg,Vi resident Title: H:IDOCSIPROMOTIONALIPROMO-PROPOSALSI2012IEden Prairie-Round Lake Phase 1 obseMBrauer Round Lake Phl Proposal-observation.doc Page 4 of 4 how 1900 POW PiabP llpobptmo bbbbbEldbbpbP hel��b Mpm ww 1 Scope of Work. wl IIw Rbr& bbggRpbbEodg bgotlob f mob dab�blbgb��g 2 Term. Mid OV 3 Compensation for Services. %bpbljbgOW OAMOf�dalf�4 A fthbpbbWWbhaiabb pow AbbpobC yri Wftbpd w ttk B MjftbWW Oww C f f sVhftdbpaybl3 �igbbtlbf��f�bb� b 1 to"Y" 4 City Information. A B la boob 0- F- bii C 8lFpbb@hapbyNo D E)PR Apbbobbabp; bbbPiobtnobti Pddbpddt*bbe 5 Method of Payment. EMPW A Rduao4bbh b bit ObnRt bMW 4db ff OtYa B C wRamilb D ..W. tt M! Wit 2 6 Project Manager and Staffing. II! WIN I IIhI 7 Standard of Care. bbbpbdnaVw Ebbb PL� 8 Audit Disclosure. b� �bbbbbl�I�Po�b�b d 9 Termination. Of bbabbI3 b bb cif I* ® Subcontractor. trp N&PpwhbKb f �b pbbbodbbb A th 3 to 1 Independent Consultant. Abbdbbppb&a pbdbaVbbV; bbbbb t� 2 Non-Discrimination. bobs duylpfflp bpbpp Ow9otit WOM pkbog WC bbphobb pdpbpb spbbpbbc dhdOtt1a pinbbb i MUM f� 3 Assignment. b9b �b9p aft 4 Services Not Provided For. MWO I Severability. f of � h T) Entire Agreement. Ma i�a �nfbbp 7 Compliance with Laws and Regulations. f bdpoobdopbbpb bmw � b Oh13abibb"bbV;b W* 8 Waiver. faopbtb YKW 9 Indemnification. pOUP gbopbbbbbapo1w �G�pnbnb�fibb 4 otphytobD edb* fib w Insurance. A B 10 On A liplarbootib a OF b ROW W ,f,1ft(-zi9btb c 5 to d e f � iaa g f M"OEH bbo kft iiww fa la iPO D WMJW E tftw a PobRwijw OEW di to b 0 c A00b & 0bdbv Witm tw d A00bIR � bdbV WAtPREfi e A00bIR � bdbv pbebddpb dfim bbdDOabgbbdo mow f� t1✓ t3l ghhbnab-0bV;dh0 W 100 t406619b 9(3[tft f313t�bt�tl�l3�b F ON f Wab¢b WAboba UOMW IF Mob fm~ b a ffdpbappjibbPa b gab/ptbdbddVtn W, 2 Ownership of Documents. 136tp�bt,6t)pbt)p 2 Dispute Resolution/Mediation. 7 1 � A�bd�bdny6ub� tmo�gbbo Gb" bbO d$bdnbVbMbb MMWAW 8 Governing Law. 2 Conflicts. dfM fdgpbtb d 9 Counterparts. B Entire Agreement. Iffliabbgbbod WHO! �I 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: K. Stuart FoxParks and Natural Award Bid for Tennis and Basketball Court Resources Manager, Reconstruction at Wyndham Knoll Park Parks and Recreation Rifth Move to: Award the contract for tennis and basketball court reconstruction at Wyndham Knoll Park to Midwest Asphalt in the amount of So The City advertised for the total reconstruction of the tennishasketball co urt area at Wyndham Knoll Park.Specifications for the work were prep ared by city staff and the City received bids were received from three contractors. BN (Is the year that the tennis courts at Wyndham Knoll Park were scheduled for replacement. These courts were originally constructed in Ohowever, the heavy clay soils of the park have caused considerable structural cracking of the court surface.This has led to additional water infiltration into the base layer thereby increasing the fregency and size of the structural cracks.The only way to rectify the situation is to completely rebuild the courts.The courts will be reconstructed on a better draining sub base at the current location.fi addition, the court facility will be modified to consist of one - fenced tennis court and one - full sized basketball court Onfenced)This is similar to the recent neighborhood park court area reconstruction prokcts such as those at Rustic lis and Eden Ailey Parks. BdSpRlh The summary of the bids submitted is as follows: Midwest Asphalt S) Bituminous Roadways S Northwest Asphalt $1 Each of the submitters has met the guidelines as detailed in the bid specification and staff recommends the contract be awarded to Midwest Asphalt. Funding for the court reconstruction replacement work will come from the Capital Improvement Program.The CP prokct budget appropriation for this trokct is $They will begin on June 5( nd anticipated completion is August�@ CITY COUNCIL AGENDA DATE: June ED SECTION: Consent Calendar DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: WILL. Paul Sticha, Bice of the City Award contract for(Building Manager, Facilities Restoration repairs at(City owned buildings Rifth Move to: Award contract for Building Restoration repairs Caulking, tuckpointing, sealants, block &rick repair, concrete repair, etcXo Restoration Systems, he. Sp American Masonry Declined to Bid Advanced Masonry Declined to Bid AJ.Spankrs Co, he. Declined to Bid Restoration Systems, he. $1 Flag Builders of Minnesota 3e Blackstone Contractors $ Specifications were written by Environmental Process he F-Pland a regest for bids was published in the EP News. Five bidders attende d the pre-bid meeting held by EPland City of Eden Prairie staff and a sith obtained plans and specs from the EPIoffice. American, Advanced and A.J.Spankrs ultimately declined to bid for reasons unknown. Bid from Restoration Systems is within budget. Pbn approval from Council, contract will be forwarded to Restoration Systems for signature and then returned to MayorCity Manager for signature. Ain Letter of recommendation Bid tabulation CITY OF EDEN PRAIRIE 2012 EXTERIOR BUILDING ENVELOPE MAINTENANCE EPI 12-314 RECAP OF BIDS Bid Due Date: Thursday, June 7, 2012 Time: 10:00 AM CONTRACTOR BASE BID BID BOND AFFIDAVIT OF Tuckpointing Control Joint/ Caulk Replacement COMMENTS (Appendices A-J) NON- (CMU/Brick) Epansion Joint door/window, of Concrete COLLUSION (Per Linear Ft.) Replacement head/jmbs Sidewalk/ (Per Linear Ft.) /sills(Per Patio(Per Linear Ft.) Sqare ft.) A.J.Span*rs Company,Inc. No Bid Advanced Masonry Restoration No Bid American Masonry Restoration No Bid Blackstone Contractors $154,986.00 Yes Yes $9.00 $9.00 $9.00 $18.50 Flag Builders of Minnesota,Inc. $123,250.00 Yes Yes $12.00 $8.00 $5.00 $17.00 Restoration Systems,Inc. $121,482.00 Yes Yes $8.00 $8.00 $7.00 $17.00 Environmental Process, Inc. 715 Florida Avenue South, Suite 111,Golden Valley,MN 55426-1700 -e i Phone: 763-398-3040•Fax: 763-398-0121 •email: epimpls(cr�.rconnect.com•www.go-epi.com June 8, 2012 Mr. Paul Sticha Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485 Re: City of Eden Prairie 2012 Exterior Building Envelope Maintenance EPI No.: 2012-314 Dear Mr. Sticha: Environmental Process, Inc. (EPI) reviewed the City of Eden Prairie - 2012 Exterior Building Envelope Maintenance project work scope with Mr. Bob Yaritz of Restoration Systems, Inc. and there were no questions. Bob Yaritz indicated that they will be ready to start work as in the tentative schedule or earlier. The work schedule will be discussed at the preconstruction meeting. Restoration Systems, Inc. is based in Chaska, Minnesota. EPI has worked with Restoration Systems, Inc. in the past. Restoration Systems, Inc. successfully completed the City of Eden Prairie —2008 Exterior Building Envelope Maintenance project, the City of Eden Prairie—2009 Exterior Building Envelope Maintenance project, the City of Eden Prairie — 2010 Exterior Building Envelope Maintenance project, and the City of Eden Prairie — 2011 Exterior Building Envelope Maintenance project. Based on the review of project work scope with Restoration Systems, Inc. and the fact that they are the low bidder we recommend awarding the project to them. EPI recommends that the base bid cost of $121,482.00 for the 2012 Exterior Building Envelope Maintenance project be accepted from Restoration Systems, Inc. Please call (763) 398-3040 with any questions, comments. Sincerely, ENVIRONMENTAL PROCESS, INC. Denny Langer, PE Project Manager Attachment: Recap of Bids CITY COUNCIL AGENDA DATE: SECTION Consent Calendar June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: C.42 ITEM NO.: M. Rod Rue Approve Joint Powers Agreement with Public Works /Engineering MAC for the Mitchell Road hiprovements Rifth Move to: Approve the Joint Powers Agr cement with Metropolitan Airport Commission MAC)for the Mitchell Road hiprovements Sp This agreement defines the cost, maintenance, easementAccess rights, and other responsibilities associated with the Mitchell Road improvements from CSAEPioneer TrailXo about fleet north of CSAH�pring Road)The City Atto rney and MAC§ attorney have been working on this agreement and it is anticipated that we will receive the final and signed agreement prior to the council meeting. The final draft of the agreement is included in the council packet. Bl#fn This section of Mitchell Road south of CSAET o.]pioneer Trail)was previously CSAETo.4 6pring Road)until when it was j risdicti onally transferred from L-hnepin County to the City of Eden Prairie and renamed Mitchell Road. The proposed improvements include upgrading the emoting rural section to an urban section with concrete curb and gutter, storm sewer, trail and utility improvements. At th e April 7flCity Council meeting, the Mitchell Road hiprovements were ordered and the plans a nd specifications were approved. Bids were opened on May 40a contract awarded on June 59he construction is anticipated to be substantially complete by August 3(D Ain • Draft Joint Powers Agreement-Mitchell Road hiprovements • Easement Ehibits • Cost Estimate JOINT POWERS AGREEMENT Mitchell Road Improvements Eden Prairie, MN THIS AGREEMENT, is made and entered into this=� day of 2012,by and between the City of Eden Prairie, Minnesota, a Minnesota municipal corporation, hereinafter referred to as the "City", and the Metropolitan Airports Commission, a public corporation of the State of Minnesota hereinafter referred to as "MAC". WITNESSETH: WHEREAS, under Minnesota Statutes 473.601 —473.679, MAC owns and operates Flying Cloud Airport, hereinafter referred to as the"Airport,"which is located in the City; and WHEREAS, the City has prepared plans and specifications for improvements to Mitchell Road adjacent to the Airport, as shown on the City Engineer's plans for Improvement Contract I.C. 11-5792, which shall hereinafter be referred to as the "Project"; and WHEREAS, MAC and the City have entered into a Memorandum of Understanding Regarding Certain Development Projects at the Flying Cloud Airport, dated December 7, 2010, which includes development of the parcel adjacent to the Mitchell Road corridor(Parcel 3), hereinafter call the "Premises"; WHEREAS, MAC and the City have agreed that certain portions of the Project costs should be shared by both parties as set forth herein; WHEREAS, to complete a portion the proposed improvements, the City must acquire an easement from MAC at the Airport; and WHEREAS, the MAC has determined that the authorized uses under this Agreement will not interfere with airport operations; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW THEREFORE, MAC and the City, in consideration of the covenants and considerations hereinafter specified, do hereby agree with the other as follows: 1. PURPOSE. The parties have joined together for the purpose of stating their intent to cooperate with and support each other in the construction of the Project. - 1 - 2. METHOD. The City has completed the preparation of plans and specifications to construct the Project, which have been provided to MAC prior to the execution hereof The calling for bids, the acceptance of all bid proposals and entering into of contracts for construction the improvements shall be done by the City. The City shall be responsible for construction administration of the improvements. 3. COST. MAC and the City agree to the proposed cost split as outlined in Exhibit"A". MAC is responsible: • to pay for the prorated portion of the roadway construction • for 100% of the utility cost for providing a sanitary sewer and water stub for connection • to pay for the cost to provide utilities in lieu of paying the City's connection fees. • to pay for SAC, WAC and trunk fees • payment to the City will be based on actual costs as compiled once the construction is complete • payment to the City will not be required unless and until the MAC parcel located on the Premises receives permits for any proposed development. If a building permit is issued, the full amount will be due and payable at building permit issuance. 4. RIGHT-OF-WAY/EASEMENT AREAS. Pursuant to the execution of this Agreement, the MAC shall grant to the City the necessary temporary easements for construction and a permanent easement for a sanitary sewer manhole and for power poles supporting overhead electrical service, subject to the terms and conditions hereinafter stated, on a portion of the lands constituting the Flying Cloud Airport in the City of Eden Prairie as shown and described in Exhibit"B", attached hereto and by this reference made a part hereof. The area of the temporary and permanent easement are hereinafter referred to as the""Permanent Easement Area" and Temporary Easement Area", sometimes collectively referred to as the"Easement Areas." The MAC shall provide the Easement Areas to the City, at no cost to the City. One purpose for the permanent easement is the sanitary sewer manhole, which is required by MAC in order to serve the development parcel with City utilities. The location of power poles within the MAC property is required in lieu of burying the electrical line at a significant cost to MAC. That cost savings of approximately$20,000 is considered payment by the City for the portion of easement required for the relocated poles, the area for which is less than 0.02 acres. 5. USE. The City may use the Easement Areas only for construction of the planned improvements and utilities, all as indicated in the plans and specifications for the Project. 6. FAA APPROVAL. The granting of a permanent easement to the City is subject to Federal Aviation Administration(FAA) approval for release of the property from aviation uses,which has already been completed for this MAC development parcel. 7. CONSTRUCTION. Notification shall be made to Jeff Nawrocki, the Airport Manager, at least 48 hours in advance of any contractor or subcontractor mobilizing equipment or beginning work. -2 - Airport operations will continue at all times. 8. MAINTENANCE. All maintenance of the Project shall be at no cost to the MAC. The City shall restore the Temporary Easement Area to a condition reasonably similar to the condition in which it was prior to construction. The City shall be responsible for maintenance and repair of the sanitary sewer manhole in the Permanent Easement Area which obligation shall survive the termination of this Agreement at all times and at no cost to the MAC, and keep said all improvements thereon in a neat and clean condition and in good repair. The City shall not suffer or permit any waste or nuisance on the Premises and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. 9. INSURANCE and INDEMNIFICATION. The City shall: a) maintain liability and other insurance coverage in types and amounts customarily carried by cities of same size in Minnesota, and b) indemnify, hold harmless and defend the MAC, its officers, directors, agents, and employees, from any claims, losses, costs, expenses, or damages resulting from the acts or omissions of City's officers, agents, employees, contractors or subcontractors arising from City's exercise of its rights and performance of its obligations within this Agreement. 10. ENVIRONMENTAL RESPONSIBILITIES. City shall be responsible for and shall indemnify, defend and hold harmless the MAC against any environmental costs associated with the Project, including but not limited to liabilities, fines, damages, injuries, response costs or claims and attorney fees, and which arise out of or were caused by City's actions, inactions or activities related to the Premises during the term of this Agreement. City's grant of indemnity contained within this Section shall survive the termination of this Agreement. 11. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinance, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of or of the MAC relating to Project under Agreement and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the Airport; and the City shall see to the payment of any and all taxes, assessments, fees or other charges that may be legally levied, assessed or made during the term of this Agreement or any extension thereof by reason of the uses hereby permitted of the lands. City shall provide evidence of compliance with such laws to the MAC upon request of the MAC. 12. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects or natural growth, and other objects on the herein described real property to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. Further,the City agrees that no lights will be permitted(including automobile headlights) or installed on the Easement Areas which will have a detrimental effect on control tower operations or otherwise affect night operations. 13. FLIGHT, OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the herein-described real property which would interfere with or be a hazard to the flight of aircraft over the property or to and from the Airport or interfere with air navigation and communication facilities presently or in the future serving the Airport. - 3 - 14. WITHOUT PREJUDICE. It is understood that grant of this Agreement and use of the Easement Areas is conditioned upon and shall be without prejudice to the rights of the MAC as owner and operator of the aforesaid public Airport of which the subject Easement Areas constitute a part. 15. MAC RIGHT OF ENTRY. MAC shall at all times and through its agents and employees or contractors have a right of entry upon the lands under this Agreement, as may be necessary in the development, maintenance, operation of the Airport. Further, MAC reserves the right to install and maintain under the lands under this Agreement such utility lines, conduits, pipes and facilities as may be necessary to the development of said Airport, provided MAC shall at its cost and expense,repair any damages and restore any portion of the premises damaged by reason of such installation and maintenance. However, if the City causes the need for such repair, construction, installation,or maintenance, MAC will not pay to repair/restore any part of the Easement Areas or Premises. 16. NOTICES. All notices, or communications between MAC and City shall be in writing and delivered in person or by courier or mailed by certified mail,return receipt requested by United States mail,postage prepaid addressed as follows: MAC: Metropolitan Airports Commission Executive Director/CEO 6040 28t"Avenue South Minneapolis, MN 55450 CITY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attention: Rod Rue Any notice shall be deemed to have been given (i) two business days after being deposited in the mail,whether or not the notice is accepted by the named recipient, or(ii) if delivered by any other means, the date such notice is actually received by the named recipient. Either party may change the party's address for notice by providing written notice to the other party. (The remainder of this page is intentionally left blank.) -4- IN TESTIMONY WHEREOF,The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. METROPOLITAN AIRPO CO MISSION By: VIA Udt irt cuhv Director/CEO Date: CITY OF EDEN PRAIRIE Date: By: Nancy Tyra-Lukens,Mayor Date: By: Rick Getschow, City Manager - 5 - EASEMENT EXHIBIT A 3/23/2012 1 Engineering•Surveying PRELIMINARY COST ESTIMATE - Landscape Architecture MITCHELL ROAD RECONSTRUCTION r ESTIMATED PROJECT COSTS Grace Church MAC City TOTAL Mitchell Road Street Improvements $ 152,173.00 $123,768.32 $312,164.68 $588,106.00 City Watermain Relocation+ Mill and Overlay $ 66,684.00 +5% Contingency $ 7,608.65 $ 6,188.42 $ 18,942.43 $ 32,739.50 +21%Engineering $ 31,956.33 $ 25,991.35 $ 79,558.22 $137,505.90 SUBTOTAL $ 191,737.98 $155,948.08 $477,349.34 $825,035.40 Individual Percentage of Street&Storm Sewer Cost 26% 21% 53% 100% -$70,800 Hennepin County Turnback Refund $ (18,319.57) $ (14,900.03) $ (37,580.40) $ (70,800.00) +9%Administration Fees $ 17,256.42 $ 14,035.33 $ 31,291.75 +5% Interest $ 9,586.90 $ 7,797.40 $ 17,384.30 TOTAL $ 200,261.73 $162,880.78 $439,768.94 $802,911.45 3/23/2012 ENGINEER'S ESTIMATE MITCHELL ROAD 1 Engineering-Surveying AND (� Landscape Architecture WATERMAIN RELOCATION MILL & OVERLAY SPEC. NO. ITEM UNIT QUANTITIES UNIT PRICE TOTAL COST 2021.501 MOBILIZATION LUMP SUM 1 $ 2,000.00 $ 2,000.00 2104.501 REMOVE WATER MAIN LIN FT 300 $ 15.00 $ 4,500.00 2104.501 REMOVE CURB AND GUTTER LIN FT 225 $ 4.00 $ 900.00 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD 210 $ 4.50 $ 945.00 2104.513 SAWING BITUMINOUS PAVEMENT LIN FT 245 $ 3.00 $ 735.00 2104.607 SALVAGE TOPSOIL CU YD 60 $ 2.00 $ 120.00 2211.501 AGGREGATE BASE CLASS 5(10") TON 150 $ 18.00 $ 2,700.00 2232.501 MILL BITUMINOUS SURFACE(1.5") SQ YD 340 $ 20.00 $ 6,800.00 2360.501 TYPE SP WEARING COURSE MIX(B) TON 90 $ 90.00 $ 8,100.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 40 $ 4.00 $ 160.00 2451.609 PIPE BEDDING MATERIAL TON 185 $ 25.00 $ 4,625.00 2502.604 2"INSULATION SQ FT 192 $ 5.00 $ 960.00 2504.601 WATERMAIN TESTING LUMP SUM 1 $ 600.00 $ 600.00 2504.602 12"BUTTERFLY VALVE AND BOX EACH 1 $ 3,000.00 $ 3,000.00 2504.602 CONNECT TO EXISTING WATERMAIN EACH 2 $ 1,000.00 $ 2,000.00 2504.603 12"WATERMAIN DUCTILE IRON CL 52 LIN FT 300 $ 60.00 $ 18,000.00 2504.608 WATERMAIN FITTINGS LBS 630 $ 7.00 $ 4,410.00 2531.501 CONCRETE CURB&GUTTER DESIGN B618 LIN FT 225 $ 13.00 $ 2,925.00 2563.601 TEMPORARY TRAFFIC CONTROL LUMP SUM 1 $ 1,000.00 $ 1,000.00 2573.530 STORM DRAIN INLET PROTECTION EACH 2 $ 150.00 $ 300.00 2575.501 SEEDING ACRE 0.12 $ 4,000.00 $ 480.00 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SQ YD 600 $ 1.50 $ 900.00 2575.532 FERTILIZER TYPE 1 POUND 24 $ 1.00 $ 24.00 2582.502 PAVEMENT MARKINGS LUMP SUM 1 $ 500.00 $ 500.00 SUBTOTAL $ 66,684.00 Hansen Thorp Pellinen Olson, Inc. 09-024 2 3/23/2012 �ry j2 x a , s , , ,sasa$s aaa.$ $a �a , aes , saes , assaa , s ass aa , an seas„ U ism 0 as $� s �sassaa$$sassa say as as a ass 8saaaa aaam U �m O ro ro ro ro ro ro ro ro w ro ro ro ro ro ro w w ro w w w w w w w ro w w w w w w w w w w ro w w w ro w w ro ro ro ro w w ro ro ro ro ro ro ro ro w w 0 U ass ssaaea a a sae as a , a asses , ass a as„ W �~ d assess$asasassasassssags$saasasasssagaSssass.asaassaassassss W � �rororororororororororowrorororororororororororowrorororowrorororororowwrowrororororororororororororowrorororow sou sagaasses$ssasaasasagassssasssaasssssssaaasaasaaassaagassa.� N (q J 0' N W=212 , rororo ro ro rowrowrororowro roro w roro rororororow ro ro rorowro uj � W sry rvmsm § � save It a z 3 w � yy �� wQQ3H 33 ����dy$g� a ~ N .�y za> W mw�m �m3s�U38� n���F xb�� -ego bb � 3 3 a� z1��sw0� m° n w a w a dp rc i i Z 3 w � W10,60 n aG��3w �?�� g g NoLL�� iqg� E i � w rc o rc rc �n m gg 3 z $ rc s u N N s a �wwwwww��N3m ���zz�ard��r�rd3����33833�8�S��r�33R�a�o- ��H���o' a EASEMENT EXHIBIT P.I.D. 2111622340001 OWNER: METROPOLITAN AIRPORTS COMMISSION �p ADDRESS: 15219 PIONEER TRAIL I Q N EDEN PRAIRIE, MN 55347 j�R q I F R PERMANENT EASEMENT AREA: 1,219 Sq. Ft. N89000'12"E 19.82-N t, P.O.B.- pIOU7/y 4z PERM. O�HFF�, OF rri M ran N Z N89000'12"E-,' --LEASE LINE 5.00 LEGEND: PERMANENT EASEMENT AREA <f M m M �I 6)< LLJI Ln CERTIFICATION: < .;;� I hereby certify that this survey, plan, or 1 I ��)� I report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the staWZf /M�innesota. I EASTERLY RIGHT OF WAY J o I LINE OF H.C.S.A.H. NO. 4, Paul A.Thorp J I PLAT 60 (MITCHELL RD.) Reg. No. 13637 Date: June 15, 2012 w Z U / N88°58'13"E_ I— ���2.0 P.O.B. N PERM. o0 SOUTHEAST CORNER OF THE SE 1/4 OF THE SW 1/4 OF SECTION 21-.\ t Ix I ) � S88°59'26"W 1318.80 NOT TO SCALE --__`\� A SOUTH LINE OF THE SE 1/4 r Engineering-Surveying OF THE SW 1/4 OF SECTION 21 !'1 Landscape Architecture HANSEN THORP PELLINEN OLSON, Inc. 7510 Market Place Drive-Eden Prairie,MN 55344 952-829-0700.952-829-7806fax EASEMENT EXHIBITS P.I.D. 2111622340001 A j 0 OWNER: METROPOLITAN AIRPORTS COMMISSION N ADDRESS: 15219 PIONEER TRAIL ,55 001`��..� T R,q jF F R EDEN PRAIRIE, MN 55347 N TEMPORARY EASEMENT AREA: 9,270 Sq. Ft. 'S88058'13"W 13.00 \. I >N1°001'47"W pjONF RCTpF� OF ! 1 13.00 �`i14 y N88058'13"E Q —LEASE LINE _N89000'12"E 5.00 F' I LEGEND: j ! co I 'k k' TEMPORARY EASEMENT Ln AREA 4 En _D of < !`, Ln ;V ! z !`;< I CERTIFICATION: I hereby certify that this survey, plan,or I report was prepared by me or under my direct supervision and that I am a duly 3 Licensed Land Surveyor under the laws J i� . ��'--EASTERLY RIGHT OF WAY of the st0af Minnesota. J d 1-�A� LINE OF H.C.S.A.H. NO. 4, w 0 PLAT 60 (MITCHELL RD.) — = z ii Paul A.Thorp U t Reg. No. 13637 Date: June 15, 2012 N88058'13"E_ ~ �\ 18.00 \% P.O.B. TEMP. r, SOUTHEAST CORNER OF THE SE 1/4 r, OF THE SW 1/4 OF SECTION 21—,\ _ S88059'26"W 1318.80 NOT TO SCALE `—SiJ OUTH LINE OF THE SE 1/4 .L OF THE SW 1/4 OF SECTION 21 r Engineering•Surveying Landscape Architecture HANSEN THORP PELLINEN OLSON, Inc. 7510 Market Place Drive•Eden Prairie,MN 55344 952-829-0700•952-829-7806fax EASEMENT EXHIBIT P.I.D. 2111622340001 OWNER: METROPOLITAN AIRPORTS COMMISSION ADDRESS: 15219 PIONEER TRAIL EDEN PRAIRIE, MN 55347 PERMANENT EASEMENT AREA: 1,219 Sq. Ft. PERMANENT EASEMENT: A 20.0 foot permanent easement for utility purposes over, under and across that part of the Southeast Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, Hennepin County, Minnesota. The centerline of said easement is described as follows: Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes 26 seconds West along the south line of said Southeast Quarter of the Southwest Quarter a distance of 1318.80 feet to a point on the easterly Right of Way line of H.C.S.A.H. No. 4; thence North 01 degrees 01 minutes 47 seconds West, along said easterly line, a distance of 1159.33 feet; thence North 89 degrees 00 minutes 12 seconds East, along said easterly line, a distance of 5.00 feet; thence North 0 degrees 59 minutes 48 seconds West, along said easterly line, a distance of 123.89 feet to the beginning of the centerline to be described; thence North 89 degrees 00 minutes 12 seconds East a distance of 19.82 feet and said centerline there terminating. Together with A 2.0 foot permanent easement for utility purposes over, under and across that part of the Southeast Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes 26 seconds West along the south line of said Southeast Quarter of the Southwest Quarter a distance of 1318.80 feet to a point on the easterly Right of Way line of H.C.S.A.H. No. 4; thence North 01 degrees 01 minutes 47 seconds West, along said easterly line, a distance of 747.84 feet to the point of beginning; thence North 88 degrees 58 minutes 13 seconds East a distance of 2.00 feet; thence North 01 degrees 01 minutes 47 seconds West a distance of 411.48 feet; thence South 89 degrees 00 minutes 12 seconds West a distance of 2.00 feet; thence South 01 degrees 01 minutes 47 seconds East along said easterly Right of Way line to the point of beginning. EASEMENT EXHIBIT P.I.D. 2111622340001 OWNER: METROPOLITAN AIRPORTS COMMISSION ADDRESS: 15219 PIONEER TRAIL EDEN PRAIRIE, MN 55347 TEMPORARY EASEMENT AREA: 9,270 Sq. Ft. TEMPORARY EASEMENT: An easement for temporary construction purposes over, under and across that part of the Southeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes 26 seconds West along the south line of said Southeast Quarter of the Southwest Quarter a distance of 1318.80 feet to a point on the easterly Right of Way line of H.C.S.A.H. No. 4; thence North 01 degrees 01 minutes 47 seconds West, along said easterly line, a distance of 747.84 feet to the point of beginning; thence North 88 degrees 58 minutes 13 seconds East a distance of 18.00 feet; thence North 01 degrees 01 minutes 47 seconds West a distance of 508.36 feet; thence North 88 degrees 58 minutes 13 seconds East a distance of 13.00 feet; thence North 01 degrees 01 minutes 47 seconds West a distance of 44.00 feet; thence South 88 degrees 58 minutes 13 seconds West a distance of 13.00 feet; thence North 01 degrees 01 seconds 47 minutes West a distance of 55.09 feet to the south line of Pioneer Trail; thence Southwesterly along the south line of Pioneer Trail and South along the east line of H.C.S.A.H. No. 4 to the point of beginning. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June ED DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Second reading of ordinances enacting W, (N. Robert Ellis franchise fees for customers of Ye1 Energy, CenterPoint Energy and Minnesota Mley Electric Cooperative in the City of Eden Prairie Rifth Move to: • Approve second reading of an ordinance adopting and approving a franchise for Ye1 Energy; and • Approve second reading of an ordinance adopting and approving franchise fees for Ye1 Energy;and • Adopt Resolution approving summary ordinance for publication. Move to: • Approve second reading of an ordinance adopting and approving a franchise for CenterPoint Energy;and • Approve second reading of an ordinance adopting and approving franchise fees for CenterPoint Energy;and • Adopt Resolution approving summary ordinance for publication. Move to: • Approve second reading of an ordinance adopting and approving a franchise for Minnesota Mley Electric Cooperative;and • Approve second reading of an ordinance adopting and approving franchise fees for Minnesota Mley Electric Cooperative;and • Approve franchise agreement with Minnesota Mley Electric Cooperative;and • Adopt Resolution approving summary ordinance for publication. Sp These franchise fee ordinances for Ye1 Ener gy, 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 Oobe r and will generate approknately $nillion per year. Franchise filinances 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 emoting franchises for Ye1 and CenterPoin t, which are set to epire in (Band respectively. This is Minnesota Mley Electric Cooperative§ first franchise with Eden Prairie. Franchise Fee filinances These ordinances establish franchise fees for Ye1 Energy, CenterPoin t Energy and Minnesota Mley Electric Cooperative. The rates are as follows: Rate per Month CateiZory Residential Small Commercial and hdustrial Non-demand Small Commercial and hdustrial Demand Large Commercial and hdustrial Abn • Presentation • Franchise filinances • Franchise Fee filinances • Resolutions for Summary Oinances • Franchise Agreement for Minnesota Mley Electric 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 .j 5/2 a/2012 Pros to Franchise Agreements Franchise Agreements • Keeps energy cost of service down due to less property acquisition needs • Paved/plowed access to infrastructure Disadvantage �a i i .�r 2